Watson v. Wagner
Michigan Supreme Court
Appeal from Wayne; Gilday, J., presiding. Bill by Marcelena Watson against William F. Wagner, Julia P. Hart and others for the cancellation of an assignment of a land contract on the ground of fraud, and for an accounting. From an order dismissing the bill as to defendant Hart, plaintiff appeals. The facts alleged in the bill and supplemental bill are somewhat complicated.
Read the full summary
Appeal from Wayne; Gilday, J., presiding. Bill by Marcelena Watson against William F. Wagner, Julia P. Hart and others for the cancellation of an assignment of a land contract on the ground of fraud, and for an accounting. From an order dismissing the bill as to defendant Hart, plaintiff appeals. The facts alleged in the bill and supplemental bill are somewhat complicated. We shall state those only which are necessary to an understanding of their effect upon the claim of defendant Julia P. Hart, as the case comes to this court on appeal from a decree dismissing the bill and supplemental bill…
1Opinion of the CourtFellows, J.
(after stating the facts). Upon a motion to dismiss in the nature of a demurrer we should apply those rules which have become fixed in the former practice when demurrers were in use. One of the recognized rules of long standing was that a bill would be sustained, as against a general demurrer, when the bill stated any ground for equitable relief, even though imperfectly. Hawkins v. Clermont, 15 Mich. 511; Hoffman v. Ross, 25 Mich. 175; Wilmarth v. Woodcock, 58 Mich. 482; Darrah v. Boyce, 62 Mich. 480; C. H. Little Co. v. Cemetery Ass’n, 135 Mich. 248. If this bill sets up any ground for…
2Cases cited6 opinions
- Wilmarth v. WoodcockMichigan Supreme Court · 1885
- Darrah v. BoyceMichigan Supreme Court · 1886
- Merrill v. AllenMichigan Supreme Court · 1878
- Hoffman v. RossMichigan Supreme Court · 1872
- C. H. Little Co. v. Woodward Avenue Cemetery Ass'nMichigan Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Long v. EarleMichigan Supreme Court · 1936
- Scott v. GrowMichigan Supreme Court · 1942
- City of Saginaw v. Consumers' Power Co.Michigan Supreme Court · 1921
- Massachusetts Bonding & Insurance v. JosselynMichigan Supreme Court · 1923
- Rothstein v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1927
9 more not listed; retrieve them via the Exa API.