Sullivan v. Ross' Estate
Michigan Supreme Court
Error to Marquette; Stone, J. Thomas G. Sullivan presented a claim against the estate of James G. Ross, deceased. The claim was disallowed by the probate judge, and claimant appealed to the circuit court. From a judgment for defendant on verdict directed by the court, claimant brings error.
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Error to Marquette; Stone, J. Thomas G. Sullivan presented a claim against the estate of James G. Ross, deceased. The claim was disallowed by the probate judge, and claimant appealed to the circuit court. From a judgment for defendant on verdict directed by the court, claimant brings error. The facts, merits, and contention involved in this suit are fully stated and discussed in an exhaustive opinion by Chief Justice McGrath in 98 Mich. 570, which was concurred in by the entire court. After that opinion was rendered, the claimant made a motion in the circuit court for leave to amend his…
1Opinion of the CourtGrant, J.
(after stating the facts). The circuit court was right in directing a verdict for the defendant.
1. The question was res judicata. The questions presented to the circuit court upon a motion to amend are precisely the same as those now presented. The court denied the amendment, whereupon the claimant filed his petition for a mandamus in this court. The questions were fully argued in briefs and orally, and the writ was denied, and the same reasons are now presented against the order of the court that were then presented.
2. Claimant in the former suit chose his remedy, and the law does not now…
2Cited by19 opinions
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
- Henderson Tire & Rubber Co. v. GregoryCourt of Appeals for the Eighth Circuit · 1926
- Rowland Co. v. Kell Co.Court of Appeals of Georgia · 1921
- Brown v. FletcherCourt of Appeals for the Sixth Circuit · 1910
- Glover v. RadfordMichigan Supreme Court · 1899
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