Root v. Root
Michigan Supreme Court
Appeal from Washtenaw; Kinne, J. Bill by Frank M. Root against Minnie M. Root for injunction. Defendant filed a cross-bill for divorce. From a decree granting the divorce and awarding alimony, both parties appeal. The parties to this cause are husband and wife, having been married in the year 1890. For ten years after the marriage they lived at various places; the husband being engaged a part of the time as a teacher and later as a piano salesman.
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Appeal from Washtenaw; Kinne, J. Bill by Frank M. Root against Minnie M. Root for injunction. Defendant filed a cross-bill for divorce. From a decree granting the divorce and awarding alimony, both parties appeal. The parties to this cause are husband and wife, having been married in the year 1890. For ten years after the marriage they lived at various places; the husband being engaged a part of the time as a teacher and later as a piano salesman. In the year 1900 they located in the city of Ann Arbor, where with a capital of about $300 they opened a small store in which they handled pianos,…
1Opinion of the CourtBrooke, J.
(after stating the facts). We are met at the outset by this question: Can the defendant by way of cross-bill ask for a divorce in a cause where the complainant by his original bill seeks injunctive relief only ? In the early case of Andrews v. Kibbee, 12 Mich. 94 (83 Am. Dec. 766), Mr. Justice Campbell defined the purpose of a cross-bill as follows:
“A cross-bill for purposes of relief is always designed for the purpose of enabling a defendant to avail himself of some defense which can only be made complete by granting him some affirmative relief against complainant or against some…
2Cases cited18 opinions
- Randall v. RandallMichigan Supreme Court · 1877
- Artman v. FergusonMichigan Supreme Court · 1888
- Cooper v. CooperMichigan Supreme Court · 1868
- Tillman v. ShackletonMichigan Supreme Court · 1867
- Mason v. DunbarMichigan Supreme Court · 1880
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3Cited by14 opinions
- Vansach v. Dep't of Health & Human Servs. (In re Estate of Vansach)Michigan Court of Appeals · 2018
- Dunaj v. Harry Becker Co.Michigan Court of Appeals · 1974
- Kellogg v. KelloggMichigan Supreme Court · 1912
- Kuntz v. KuntzMichigan Supreme Court · 1928
- Whitman v. WhitmanMichigan Supreme Court · 1938
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