Legal Opinion

Randall v. Gartner

Michigan Supreme Court

Decided June 30, 1893PublishedCited by 3 opinions

Mandamus. Eelator applied for mandamus to compel respondent to vacate an order requiring relator to elect upon which, count of his declaration he would proceed. The facts are stated in the opinion.

1Opinion of the CourtLong, J.

The relator commenced suit in the Wayne *285circuit court against the Evening News Association on September 27, 1890, for libel. Defendant demurred, setting up several causes of demurrer. In March, 1891, the demurrer was argued, and on February 10, 1892, the court sustained the demurrer, with costs, giving the plaintiff 20 days within which to amend. The cause was removed to this Court, and reversed as to costs, with leave to the plaintiff to amend without costs.1 The original declaration counted upon a great many libelous articles, all of which were set out in one count. On September 19, 1892,…

2Cases cited2 opinions

  1. Tregent v. MaybeeMichigan Supreme Court · 1884
  2. Randall v. Evening News Ass'nMichigan Supreme Court · 1892

3Cited by3 opinions

  1. Grist v. the Upjohn CompanyMichigan Court of Appeals · 1965
  2. Sullivan v. Fidelity & Casualty Co.Michigan Supreme Court · 1919
  3. Erie Railroad v. HiltonAppellate Division of the Supreme Court of the State of New York · 1916

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