American Eutectic Welding Alloys Sales Co. v. Grier

363 Mich. 175 (1961)

108 N.W.2d 831

AMERICAN EUTECTIC WELDING ALLOYS SALES CO., INC.,

v.

GRIER.

SAME

v.

TRECOT.

Docket Nos. 16, 17, Calendar Nos. 48,684, 48,685.

Supreme Court of Michigan.

Decided April 26, 1961.

Rehearing denied June 28, 1961.

Butzel, Levin, Winston & Quint, for plaintiff.

BLACK, J.

Mr. Justice SMITH writes:

"Under the view we have taken of the case it is pointless to discuss the difference, if any there be in reality, at this stage in the judicial process, between (1) an appeal as of right, and (2) an application for leave to appeal involving `a construction of the Constitution or of any…