Gervais v. Annapolis Homes, Inc.

This case, like Tennyson’s brook, seems destined to go on forever. It wended its way from its origin in the Wayne Circuit Court as a class action in 1964 to submission to the Supreme Court in 1965 and decision there in 1966. See Gervais v. Annapolis Homes, Inc. (1966), 377 Mich 674. In that case the precise issue was the propriety of the denial of defendant’s motion to dismiss for misjoinder of parties. The Supreme Court affirmed. The effect of the decision was to permit proceeding on the merits in the court below. By the time this could take place, a second class action was started including…