City of Detroit v. Wayne Circuit Judge
Michigan Supreme Court
Mandamus by the city of Detroit to compel George S. Hosmer, circuit judge of Wayne county, to strike a declaration from the files.
1Opinion of the CourtLong, J.
On October 8, 1900, Frank Drexler, administrator of the estate of Frank J. Drexler, deceased, commenced a suit against the city of Detroit by filing a declaration, alleging that his intestate was killed October 10, 1899, while in the employ of the park board, by reason of the negligent acts of said board, its servants, agents, *635and employés. On October 12, 1900, the city demurred to the declaration, setting up:
1. That the declaration did not allege that the claim of the plaintiff had been presented to the common council for audit and allowance.
2. That the declaration did not aver that notice…
2Cases cited3 opinions
- People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873
- Pratt v. DavisMichigan Supreme Court · 1895
- Nugent v. AdsitMichigan Supreme Court · 1892
3Cited by11 opinions
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- Boudreaux v. Tucson Gas, Electric Light & Power Co.Arizona Supreme Court · 1911
- Basham v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1915
- Steel v. Clinton Circuit JudgeMichigan Supreme Court · 1903
- Jones v. PendletonMichigan Supreme Court · 1908
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