Legal Opinion · Dissent

Serafin v. Serafin

Michigan Court of Appeals

Decided February 26, 1976No. Docket 23915Published

1DissentDanhof, P. J.

I would affirm the trial court’s application of Lord Mansfield’s rule for the reasons set forth in People v Wiseman, 63 Mich App 137; 234 NW2d 429 (1975). Also in Maxwell v Maxwell, 15 Mich App 607, 618; 167 NW2d 114 (1969), lv den, 381 Mich 815 (1969), then Judge (now Justice) Levin discussed what is known as Lord Mansfield’s rule in detail. He concluded that opinion as follows:

"However, if that is to become the law of this State, the Supreme Court must modify precedent which controlled the deliberations of the trial judge and which controls ours as well.”

Hence, I must conclude that any such…

2Cases cited3 opinions

  1. Mitcham v. City of DetroitMichigan Supreme Court · 1959
  2. Maxwell v. MaxwellMichigan Court of Appeals · 1969
  3. People v. WisemanMichigan Court of Appeals · 1975

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