Leach v. Dolese
Michigan Supreme Court
Appeal from Wayne; Murphy, J. Bill by Henry W. Leach and another against John Dolese, Jr., and others to redeem from a mortgage. From a decree for complainants, defendant Dolese appealed.
Read the full summary
Appeal from Wayne; Murphy, J. Bill by Henry W. Leach and another against John Dolese, Jr., and others to redeem from a mortgage. From a decree for complainants, defendant Dolese appealed. The issues involved in this controversy are thus clearly stated in the opinion filed by the learned chancellor who heard the case: “The complainants filed the bill herein to redeem from a claimed usurious mortgage given to the defendant Dolese, as mortgagee, for the sum of $5,230. A disclaimer was filed by the defendant Frank J. Weber; a several answer by the defendant Joseph F. Weber, in which denial of any…
1Opinion of the CourtKuhn, J.
(after stating the facts). At the outset we are asked to determine whether or not the chancellor erred in refusing to permit the appellant to amend by dismissing that portion of his answer which constituted it an answer in the nature of a cross-bill. Chancery Rule 16, subdivision “g” provides :
“But, after replication, or such setting down for a hearing, it [answer] shall not be amended in any material matters, as by adding new facts or defenses, *698or qualifying or altering the original statements, except by leave of the court, upon cause shown, after due notice to the adverse party.”
When…
2Cases cited10 opinions
- Winans v. . WinansNew York Court of Appeals · 1891
- City of Detroit v. Detroit City Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1893
- Vandervelde v. WilsonMichigan Supreme Court · 1913
- Coon v. CoonMichigan Supreme Court · 1910
- Goodenow v. CurtisMichigan Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Michigan Mobile Homeowners Ass'n v. Bank of the CommonwealthMichigan Court of Appeals · 1974
- McKenna v. WilsonMichigan Supreme Court · 1937
- Sultan v. Central Life InsuranceMichigan Supreme Court · 1942
- People Ex Rel. Attorney General v. Detroit Mortgage Corp.Michigan Supreme Court · 1927
- Bankers Discount Co. v. Cinderella Theatre Co.Michigan Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.