Bannigan v. Woodbury
Michigan Supreme Court
Error to Kalamazoo; Knappen, J. Case by Kathryn Bannigan, by next friend, against Edward Woodbury, individually and as administrator of the estate of Jeremiah P. Woodbury, deceased, for personal injuries. An order sustaining a demurrer to the declaration is reviewed by plaintiff on writ of error. Plaintiff in her declaration complains of defendant, Edward Woodbury, administrator of the estate of Jeremiah P. Woodbury, deceased, and Edward Woodbury, individually.
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Error to Kalamazoo; Knappen, J. Case by Kathryn Bannigan, by next friend, against Edward Woodbury, individually and as administrator of the estate of Jeremiah P. Woodbury, deceased, for personal injuries. An order sustaining a demurrer to the declaration is reviewed by plaintiff on writ of error. Plaintiff in her declaration complains of defendant, Edward Woodbury, administrator of the estate of Jeremiah P. Woodbury, deceased, and Edward Woodbury, individually. She alleges: That defendant was, and had been for a long time, prior to July 7, 1908, the administrator of said deceased; that he had…
1Opinion of the CourtGrant, J.
(after stating the facts). The unsafe con-
dition of the windows is sufficiently described in the declaration and constitutes a cause of action for which somebody should be held responsible. No action can be sustained against the estate because plaintiff’s cause of action arose after the death of Jeremiah P. Woodbury. The heirs are not made parties. Whether they are liable for the unsafe condition of the building is not before us. It is true that the administrator is not usually entitled, under our statute, to the possession of the real estate. The demurrer, however, admits that he is in…
2Cases cited3 opinions
- Ellis v. McNaughtonMichigan Supreme Court · 1889
- Shepard v. CreamerMassachusetts Supreme Judicial Court · 1894
- Belvin's Ex'ors v. FrenchSupreme Court of Virginia · 1887
3Cited by21 opinions
- Nezworski v. MazanecMichigan Supreme Court · 1942
- Tippecanoe Loan & Trust Co. v. JesterIndiana Supreme Court · 1913
- Mollino v. Ogden & Clarkson Corp.New York Court of Appeals · 1926
- Langen v. RushtonMichigan Court of Appeals · 1984
- Grimes v. KingMichigan Supreme Court · 1945
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