L'HOMMEDIEU v. Smith

This case was originally assigned to a Brother Justice. It was reassigned to the writer during the October term.

Plaintiffs’ bill was filed in the Wayne circuit January 26, 1953. The sworn answer of defendants Smith and city of Highland Park was filed February 11,1953. Forty months later (May 28,1956) defendants Smith and Highland Park moved to dismiss the hill as to them, assigning in general the reasons we shall quote from the chancellor’s opinion. The motion was granted. Plaintiffs appeal.

The hill alleges, in general substance, that since 1931 the plaintiffs with other policemen and firemen…