Legal Opinion

Flint & Pere Marquette Railroad v. Wayne Circuit Judge

Michigan Supreme Court

Decided December 30, 1895PublishedCited by 8 opinions

Mandamus by the Mint & Pere Marquette Railroad Company to compel Joseph W. Donovan, circuit judge of Wayne county, to vacate an order permitting the filing of an amended declaration.

1Opinion of the CourtHooker, J.

The firm of Moore & Moore, as plaintiffs, commenced action against relator, filing a declaration upon the common counts. Subsequently, and after the expiration of the period of the statute of limitations, they filed, by leave of court, an amended declaration, consisting of four special counts and the common counts. Two of these special counts alleged the making by plaintiffs, and submission to defendant, of certain plans for a union depot; a promise by defendant, if it should accept and use them, to pay a price named; and the subsequent acceptance and use, and refusal to pay. The other two…

2Cases cited4 opinions

  1. Thomas v. CaulkettMichigan Supreme Court · 1885
  2. Shaw v. BradleyMichigan Supreme Court · 1886
  3. Bush v. BrooksMichigan Supreme Court · 1888
  4. Phippen v. MorehouseMichigan Supreme Court · 1883

3Cited by8 opinions

  1. Mitchell v. Reolds Farms Co.Michigan Supreme Court · 1934
  2. McCoy v. Continental InsuranceMichigan Supreme Court · 1949
  3. Bockoff v. CurtisMichigan Supreme Court · 1928
  4. Kearns v. Michigan Iron & Coke Co.Michigan Supreme Court · 1954
  5. O'Rourke v. DeffenbaughMichigan Supreme Court · 1937

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