Morgan v. Hoey
Michigan Supreme Court
Error to Bay; Houghton (Samuel G.), J. Assumpsit by Bernard W. Morgan against William T. Hoey for breach of a contract of employment. Judgment for plaintiff. Defendant brings error. This action was commenced by plaintiff against defendant for breach of an alleged contract of hiring.
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Error to Bay; Houghton (Samuel G.), J. Assumpsit by Bernard W. Morgan against William T. Hoey for breach of a contract of employment. Judgment for plaintiff. Defendant brings error. This action was commenced by plaintiff against defendant for breach of an alleged contract of hiring. The summons was issued and served on August 16, 1918. Defendant, by counsel, filed notice of retainer on August 28th, and on August 31st a demand for a bill of particulars was filed. -September 12th a bill of particulars was filed. On September 23d defendant made a motion to dismiss. The motion to dismiss is based…
1Opinion of the CourtBrooke, J.
(after stating the facts). The first and principal error relied upon by the defendant on this appeal is the denial of defendant’s motion to dismiss the case in the Bay circuit, by reason of the fact that a similar case for the same cause of action was pend*659ing between the same parties in the Alpena circuit on the day that the summons was issued in the case at bar. It is asserted by counsel that the circuit.court for the county of Alpena, having obtained jurisdiction of the parties and the subject-matter, the circuit court' for the county of Bay could not take jurisdiction of the same parties…
2Cases cited6 opinions
- Speed v. Common CouncilMichigan Supreme Court · 1894
- Maclean v. SpeedMichigan Supreme Court · 1883
- E. T. Barnum Wire & Iron Works v. SpeedMichigan Supreme Court · 1886
- Wells v. Montcalm Circuit JudgeMichigan Supreme Court · 1905
- Shields v. RiopelleMichigan Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Wyngarden v. LahuisMichigan Supreme Court · 1930
- Republic Automobile Insurance v. MaedelMichigan Supreme Court · 1931