Legal Opinion

Mok v. Detroit Building & Savings Ass'n No. 4

Michigan Supreme Court

Decided January 6, 1875PublishedCited by 34 opinions

Appeal in Chancery from Superior Court of Detroit. This was a bill for an accounting to ascertain the amount equitably due upon a mortgage given by the complainants to the defendant, and, upon payment thereof, for a discharge or cancelmenfc of the mortgage; and it prayed for an injunction against proceedings to foreclose the same.

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Appeal in Chancery from Superior Court of Detroit. This was a bill for an accounting to ascertain the amount equitably due upon a mortgage given by the complainants to the defendant, and, upon payment thereof, for a discharge or cancelmenfc of the mortgage; and it prayed for an injunction against proceedings to foreclose the same. The mortgage was given for the sum of one thousand dollars, but only six hundred and forty-four dollars were actually received by the complainants in consideration thereof, the residue being retained as a premium for priority of loan under the rules of the society.…

1Opinion of the CourtCooley, J.

The constitution of the state,provides that “No law shall be revised, altered or amended by reference to its title only; but the act revised, and the section or sections of the act altered or amended, shall be re-enacted and published at length.”--Art. IV., § @5. The application of this section to certain acts ■of legislation is the principal question presented by this record. No one questions the great importance and value *516of the provision, nor that the evil it was meant to remedy was one perpetually reourriug, and often serious. Alterations made in the statutes by mere reference, and…

2Cases cited2 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. Underwood v. McDuffeeMichigan Supreme Court · 1867

3Cited by34 opinions

  1. Advisory Opinion Re Constitutionality of 1972 PA 294Michigan Supreme Court · 1973
  2. Alan v. Wayne CountyMichigan Supreme Court · 1972
  3. Midland Township v. State Boundary CommissionMichigan Supreme Court · 1977
  4. Pottawatomie County v. AlexanderSupreme Court of Oklahoma · 1918
  5. Clay v. Pennoyer Creek Improvement Co.Michigan Supreme Court · 1876

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