Janiszewski v. Behrmann

345 Mich. 8 (1956)

75 N.W.2d 77

JANISZEWSKI

v.

BEHRMANN.

Docket No. 8, Calendar No. 46,526.

Supreme Court of Michigan.

Decided March 1, 1956.

Harry J. Lippman (Benedict Segesta, of counsel), for plaintiff.

Shapero & Shapero, for defendant Friedman.

Irving Dworkin, for defendant Tallman.

SMITH, J. (dissenting).

This case arises out of an allegedly irregular execution sale. The amended declaration was framed in 3 counts. The first was captioned "Trespass on the Case for Damages" and the second "Trespass on the Case Upon Promises." The third set up the "Common Counts." Upon motion, the trial court dismissed…