Legal Opinion

Marshall v. Wabash Railway Co.

Michigan Supreme Court

Decided March 28, 1918No. Docket No. 47PublishedCited by 15 opinions

Appeal from Lenawee; Hart, J. Bill by Lewis J. Marshall against the Wabash Railway Company and another to enforce a lien for the amount of a judgment. From an order granting a motion to dismiss, plaintiff appeals.

1Opinion of the CourtSteere, J.

Plaintiff’s bill of complaint is filed to have a judgment obtained by him against the Wabash Railroad Company for personal injuries declared a preferred lien upon the property of defendants and that they be directed to pay the same, in default of which sufficient of their property found within the State be ordered sold to satisfy said judgment. His claim of right to such relief is based upon the provisions of section 2 of Act No. 110, Pub. Acts 1899 (section 8340, 2 Comp. Laws 1915), which provides, so far as material here, as follows:

“All claims arising out of the death or personal injury of…

2Cases cited13 opinions

  1. Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
  2. Provident Institution for Savings v. Mayor of Jersey CitySupreme Court of the United States · 1885
  3. Guardian Trust & Deposit Co. v. FisherSupreme Court of the United States · 1906
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Long Island Loan & Trust Co.Supreme Court of the United States · 1899
  5. Aldine Manufacturing Co. v. PhillipsMichigan Supreme Court · 1898

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3Cited by15 opinions

  1. City of Detroit v. Township of RedfordMichigan Supreme Court · 1931
  2. Citizens Mut. Ins. Co. v. Central Nat. Ins. Co. of OmahaMichigan Court of Appeals · 1975
  3. Michigan Wolverine Student Co-Operative, Inc. v. Wm. Goodyear & Co.Michigan Supreme Court · 1946
  4. State Farm Mutual Automobile Insurance v. TraycikMichigan Court of Appeals · 1978
  5. People v. LangeMichigan Court of Appeals · 1981

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