Marvin v. Bowlby
Michigan Supreme Court
Error to Shiawassee; Smith, J. Assumpsit by ^Thomas Marvin, administrator of the estate of Jacob M. Bowlby, deceased, against Elmer Bowlby, on certain promissory notes. From a judgment for plaintiff on verdict directed by the court, defendant brings error.
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Error to Shiawassee; Smith, J. Assumpsit by ^Thomas Marvin, administrator of the estate of Jacob M. Bowlby, deceased, against Elmer Bowlby, on certain promissory notes. From a judgment for plaintiff on verdict directed by the court, defendant brings error. On April 26, 1902, plaintiff, as administrator of Jacob M. Bowlby, deceased, filed a declaration in this case, which was commenced February 28th by summons, upon the common counts, and gave notice that he would give in evidence under the money counts seven promissory notes, copies of which were attached to the declaration. These notes, all…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The court committed no error in proceeding with the trial. Circuit Court Rule No. 10 provides that, when a declaration is amended after plea or demurrer, “such plea or demurrer shall stand as the plea or demurrer to the amended declaration, unless the defendant shall, within ten days after receiving such amendment, file another plea or demurrer.” If the defendant had filed a plea or demurrer to the amended declaration within the time fixed by the rule, the question might arise whether the pleadings were in condition for a notice of trial. The defendant filed no…
2Cases cited2 opinions
- Peninsular Stove Co. v. OsmunMichigan Supreme Court · 1889
- Metz v. People's Savings BankMichigan Supreme Court · 1902
3Cited by2 opinions
- Marvin v. BowlbyMichigan Supreme Court · 1905
- Johnson v. LindahlSupreme Court of Minnesota · 1908