Sullivan v. Ross' Estate
Michigan Supreme Court
Error to Marquette; Stone, J. Thomas G. Sullivan presented a claim against the estate of James G. Ross, deceased. The claim was disallowed by the probate judge, and claimant appealed to the circuit court. From a judgment for defendant on verdict directed by the court, claimant brings error.
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Error to Marquette; Stone, J. Thomas G. Sullivan presented a claim against the estate of James G. Ross, deceased. The claim was disallowed by the probate judge, and claimant appealed to the circuit court. From a judgment for defendant on verdict directed by the court, claimant brings error. The facts, merits, and contention involved in this suit are fully stated and discussed in an exhaustive opinion by Chief Justice McGrath in 98 Mich. 570, which was concurred in by the entire court. After that opinion was rendered, the claimant made a motion in the circuit court for leave to amend his…
1DissentGrant, C. J.
A re-examination of the authorities and of the record has confirmed me in the correctness of our former opinion. Expressed in plain English language, the decision in 98 Mich. 570, rendered by Chief Justice McGrath, means that Mr. Sullivan presented a false claim to the court, knowing it to be false, and subjected the estate to great expense for the different trials of that suit. In order to recover now, he must take a position utterly inconsistent with the claim there made. As I read the authorities, when one has deliberately and intentionally planted his suit upon one theory, and that theory…
2Cases cited1 opinion
- Sullivan v. Estate of RossMichigan Supreme Court · 1894