Legal Opinion · Dissent

State Mutual Cyclone Insurance v. O & a Electric Cooperative

Michigan Supreme Court

Decided October 21, 1968No. Calendar 37, Docket 51,678, 51,679Published

1DissentAdams, J.

I do not agree with Justice Kelly that the Coates and Baatz Cases are binding precedent disposing of this appeal.

The first Michigan statute of limitations, 1 Territorial Laws of Michigan, pages 628 and 629, was adopted May 15,1820. See Lastly v. Cramer (1846), 2 Doug (Mich) 307, 310. In general, under territorial law, actions of account, debt, case, trespass, detinue, and replevin were required to be brought within six years after the cause of action accrued; actions of assault, menace, battery, wounding or imprisonment within three years; and actions for slander within two years.

In the…

2Cases cited24 opinions

  1. Stewart v. RudnerMichigan Supreme Court · 1957
  2. LaBar v. CooperMichigan Supreme Court · 1965
  3. People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873
  4. Baatz v. SmithMichigan Supreme Court · 1960
  5. Wingert v. CarpenterMichigan Supreme Court · 1894

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