In re the Estate of Bennett
Michigan Supreme Court
Error to "Wayne. (Speed, J.) Appeal from disallowance of claim against estate. The estate brings error. "Where a claim against an estate is for personal services rendered between dates specified, the claimant has a right to go to the jury upon any contract, either express or implied, which makes out to their satisfaction a fulfillment giving a cause of recovery: Engle v. Campbell 42 Mich. 565; where one works for another the law implies a request therefor and a promise to…
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Error to "Wayne. (Speed, J.) Appeal from disallowance of claim against estate. The estate brings error. "Where a claim against an estate is for personal services rendered between dates specified, the claimant has a right to go to the jury upon any contract, either express or implied, which makes out to their satisfaction a fulfillment giving a cause of recovery: Engle v. Campbell 42 Mich. 565; where one works for another the law implies a request therefor and a promise to pay what the labor is reasonably worth, unless it is shown that it was rendered gratuitously, or under circumstances that…
1Opinion of the CourtSherwood, J.
Hamper presented a claim for his personal services, rendered for Bennett in his life-time, to commissioners on claims, which was disallowed. He appealed to the circuit court, where, on a trial had before a jury, his claim was allowed, and the estate brings error.
The counsel for the claimant was permitted, against objection, to peremptorily challenge a juror after he had once announced himself satisfied with the jury, but before they were sworn. It was the claimant’s right to make such challenge. Hunter v. Parsons 22 Mich. 96; Jhons v. People 25 Mich. 499. The question of order of challenge is…
2Cases cited5 opinions
- Beecher v. BushMichigan Supreme Court · 1881
- Jhons v. PeopleMichigan Supreme Court · 1872
- Ambler v. BradleySupreme Court of Vermont · 1834
- Hunter v. ParsonsMichigan Supreme Court · 1870
- Hall v. EdsonMichigan Supreme Court · 1879
3Cited by8 opinions
- State v. PeelMontana Supreme Court · 1899
- People v. RichMichigan Supreme Court · 1927
- State v. HunterSupreme Court of Iowa · 1902
- People v. SchmitzMichigan Court of Appeals · 1998
- Commonwealth v. MarionSupreme Court of Pennsylvania · 1911
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