Jones v. Pendleton
Michigan Supreme Court
Error to Wayne; Brooke, J. Assumpsit by Clarence R. Jones, administrator de bonis non of the estate of James A. Jones, deceased, against Edward W. Pendleton for commissions on the sale of real estate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
1Opinion of the CourtBlaib, J.
The record in this cause having been amended, pursuant to our opinion reported 148 Mich., page 544, we proceed to review the order of Judge Man-dell referred to therein. Under our previous decisions in this case, the cause of action stated in the proposed amended declaration is a different cause of action from that stated in the original declaration, and if at the time of Judge Mandell’s order the statute of limitations had run against the cause of action, he did not err in refusing to allow the amendment, and his order must be sustained. Gorman v. Newaygo Circuit Judge, 27 Mich. 138;…
2Cases cited11 opinions
- People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873
- Wingert v. CarpenterMichigan Supreme Court · 1894
- Connecticut Fire Insurance v. KinneMichigan Supreme Court · 1889
- Nugent v. AdsitMichigan Supreme Court · 1892
- City of Detroit v. Wayne Circuit JudgeMichigan Supreme Court · 1901
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3Cited by7 opinions
- Bishop Electric, Inc. v. SimpsonMichigan Court of Appeals · 1967
- Croze v. St. Mary's Canal Mineral Land Co.Michigan Supreme Court · 1908
- Hapke v. DavidsonMichigan Supreme Court · 1914
- Lyle v. City of DetroitMichigan Supreme Court · 1909
- Howland v. CailleMichigan Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.