Legal Opinion

Merrill v. Leisenring

Michigan Supreme Court

Decided June 7, 1909No. Docket No. 100PublishedCited by 3 opinions

Error to Van. Burén; Des Voignes, J. Case by James A. Merrill against David C. Leisenring for alienating tbe affections of plaintiff’s wife. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

1Opinion of the CourtMoore, J.

This case has been here before. It is reported in 149 Mich. 423 (112 N. W. 1072). A reading of the opinion will aid in understanding the questions involved in the case now before us.

After the opinion was handed down, plaintiff moved the court for leave to file an amended declaration, by adding a count alleging alienation of affections by means of adultery. After considering this motion from October 15th until the following March, the judge denied the motion, without indicating why he denied it. The case was tried later before a jury. At the close of the testi*134mony for plaintiff, the defendant…

2Cases cited1 opinion

  1. Merrill v. LeisenringMichigan Supreme Court · 1907

3Cited by3 opinions

  1. Merrill v. LeisenringMichigan Supreme Court · 1911
  2. Barnes v. TibbittsMichigan Supreme Court · 1910
  3. Van Hartesveldt v. WestrateMichigan Supreme Court · 1933

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