Legal Opinion

People ex rel. Wipfler v. Wipfler

Michigan Supreme Court

Decided September 29, 1911No. Docket No. 93Published

Error to Jackson; Parkinson, J. Assumpsit by the people of the State of Michigan for the use and benefit of Lucy Wipfler against Charles W. Wipfler and the Fidelity & Deposit Company of Maryland. A judgment for defendants, overruling plaintiff’s demurrers to two pleas in abatement filed by defendants and on plaintiff’s replication to a portion of one of said pleas, is reviewed by plaintiff on writ of error. Reversed.

1Opinion of the CourtMoore, J.

A reading of the opinions in People, for use of Wipfler, v. Fidelity & Deposit Co., 163 Mich. 94 (127 N. W. 765), and Wipfler v. Warren, 163 Mich. 189 *14(128 N. W. 178), will make it unnecessary to make so full a statement of facts as would otherwise be essential.

This suit is commenced by declaration. Some of the averments are as follows:

si The people of the State of Michigan, for the use and. benefit of Lucy Wipfler, owner of the property and effects of the Detroit Pattern Works, a corporation, plaintiff herein, by Grove H. Wolcott, her attorney, complains of Charles W. Wipfler and the…

2Cases cited9 opinions

  1. Dunsmoor v. FurstenfeldtCalifornia Supreme Court · 1891
  2. City of Alpena ex rel. Besser v. Title Guaranty & Surety Co.Michigan Supreme Court · 1909
  3. Board of Education v. GrantMichigan Supreme Court · 1895
  4. Wipfler v. WarrenMichigan Supreme Court · 1910
  5. Weaver v. DavisIllinois Supreme Court · 1868

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