Totten v. Detroit Aluminum & Brass Corp.

This suit is in the form of a common-law action, trespass on the case. Defendant claims' the action is of such nature that under our statute, it is not cognizable by a court of common-law-jurisdiction. :

Defendant took the deposition of plaintiff, Dale1 H. Totten, as cross-examination, which deposition was filed on April 30, 1954, the same day on which' defendant’s motion for a judgment on the pleadings was filed. The motion was denied by the court'on May 24,1954. On leave granted, defendant took an appeal in the nature of certiorari from the order of the trial court denying the motion for…