Legal Opinion

Fowler v. Bracy

Michigan Supreme Court

Decided May 18, 1900Published

Appeal from Clare; Dodds, J. Petition by Arthur E. Fowler against Frank W. Bracy for a writ of assistance. From an order granting the writ as to part of the land only, petitioner appeals.

1Opinion

ON APPLICATION FOR REHEARING.

2Per curiam

A motion for a rehearing has been made in this case, and our attention directed to the case of *252Haviland v. Chase, 116 Mich. 214 (74 N. W. 477, 72 Am. St. Rep. 519). This case was not called to our attention by counsel in the main brief, and was overlooked by the court. On the hearing of Haviland v. Chase, the case of Amphlett v. Hibbard was not cited by counsel, and escaped our attention. There are two lines of cases outside this State. Kuhnert v. Conrad, 6 N. Dak. 215 (69 N. W. 185), is in line with our decisions in Amphlett v. Hibbard, 29 Mich. 298, and in the…

3Cases cited4 opinions

  1. Amphlett v. HibbardMichigan Supreme Court · 1874
  2. Kuhnert v. ConradNorth Dakota Supreme Court · 1896
  3. Haviland v. ChaseMichigan Supreme Court · 1898
  4. Spalti v. BlumerSupreme Court of Minnesota · 1894

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