Legal Opinion · Dissent

Nurmi v. Beardsley

Michigan Supreme Court

Decided April 6, 1936No. Docket No. 7, Calendar No. 38,130Published

1DissentWiest, J.

I think the holding too technical as between owners by the entireties and their contractor.

The statute, 3 Comp. Daws 1929, § 13104, provides for service of the notice on the owner, part owner or lessee, or his agent. The common-law rule prevails in this jurisdiction and, under estates by the entireties, the husband has the right of control, use, rents, issues and profits of the premises. Morrill v. Morrill, 138 Mich. 112 (110 Am. St. Rep. 306, 4 Ann. Cas. 1100); Way v. Boot, 174 Mich. 418; Woch v. Kosakiewicz, 255 Mich. 32. The service on the husband, joint contractor with his wife, should be…

2Cases cited5 opinions

  1. Way v. RootMichigan Supreme Court · 1913
  2. Morrill v. MorrillMichigan Supreme Court · 1904
  3. Hartwick Lumber Co. v. ChonoskiMichigan Supreme Court · 1921
  4. Hopper-Mcallister Corp. v. PelhamMichigan Supreme Court · 1928
  5. Woch v. KozakiewiczMichigan Supreme Court · 1931

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