People v. Jacques
Michigan Supreme Court
1DissentTaylor, J.
I would affirm the judgment of the Court of Appeals because a fence of the sort here in question (seven feet high, effecting a full enclosure) constitutes a “structure” under the entry without breaking statute. MCL 750.111; MSA 28.306.
The majority opinion is premised on the ejusdem generis doctrine. As stated in In re Mosby, 360 Mich 186, 192; 103 NW2d 462 (1960):
The rule of ejusdem generis is not to be invoked in every case where general words follow (or possibly precede) specific words. For example, it applies only where the specific words relate to subjects of a single kind, class,…
2Cases cited7 opinions
- Altman v. Meridian TownshipMichigan Supreme Court · 1992
- In Re Forfeiture of $5,264Michigan Supreme Court · 1989
- People v. SmithMichigan Supreme Court · 1975
- Utica State Savings Bank v. Village of Oak ParkMichigan Supreme Court · 1937
- In Re MosbyMichigan Supreme Court · 1960
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