Philip v. Heraty
Michigan Supreme Court
Error to Bay; Shepard, J. Case by Nellie M. Philip, administratrix of the estate of George Philip, deceased, against Michael P. Heraty and John C. Weadock, receivers of the Bay Cities Consolidated Railway Company, for the alleged negligent killing of plaintiff’s intestate. From a judgment for plaintiff, defendants bring error.
1Opinion
ON MOTION FOR REHEARING.
Hooker, J.
Counsel for plaintiff having moved for a rehearing, we have examined the cause again. The claim that the adjudication that the plaintiff is the widow of the •deceased, necessarily determined in the proceedings whereby she was appointed administratrix, is conclusive *454upon the world, and therefore precludes the denial of her widowhood by these defendants, rests upon a failure to discriminate between the right to administratorship, which defendants cannot attack, and the fact of widowhood, which they may question in a different subject-matter; not having appeared…
2Cases cited38 opinions
- Tisdale v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1868
- Gilbert v. KennedyMichigan Supreme Court · 1871
- Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
- Rivard v. RivardMichigan Supreme Court · 1896
- Wierengo v. American Fire InsuranceMichigan Supreme Court · 1894
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