Braun v. McPherson

Plaintiff’s suit was dismissed by the circuit judge on defendant’s motion. The reasons for dismissal as stated in the judge’s opinion are:

“We conclude that the appointment of plaintiff as administrator in the probate court and the procedure in starting suit are irregular and that Act No. 171, Pub. Acts 1933 is unconstitutional.”

Mr. Justice Fead has written for affirmance, holding1 that: “The principal question is whether Act No. 45, Pub. Acts 1933 permits appointment of administrator without preliminary notice of hearing. ’ ’ The conclusion reached is that the amended statute requires…