Legal Opinion · Dissent

Merkel v. Long

Michigan Supreme Court

Decided April 9, 1965No. Calendar 30, Docket 50,383Published

1DissentAdams, J.

This case was before this Court in Merkel v. Long, 368 Mich 1, wherein a so-called Dodge act1 agreement was approved, and in Merkel v. Long, 372 Mich 144. This is a rehearing granted from a 4/4 division in the latter on the question of award of attorney fees and fees to the guardians ad litem.

Previously the difference upon the Court was over whether there was a direct benefit to the trust estates as a résult of the Dodge act proceedings. Chief Justice Carr found such a benefit, and, in accordance with the doctrine of Trustees v. Greenough, 105 US 527 (26 L ed 1157), and Sprague v. Ticonic…

2Cases cited10 opinions

  1. Sprague v. Ticonic National BankSupreme Court of the United States · 1939
  2. Trustees v. GreenoughSupreme Court of the United States · 1882
  3. Becht v. MillerMichigan Supreme Court · 1937
  4. Henkel v. HenkelMichigan Supreme Court · 1937
  5. Sant v. Perronville Shingle Co.Michigan Supreme Court · 1914

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