Shank v. Woodworth
Michigan Supreme Court
Error to Ingham; Person, J. Assumpsit by Robert B. Shank against Electa Wood-worth for goods sold and delivered. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtGrant, J.
Suit to recover $13.11 for goods sold and delivered. Plaintiff recovered verdict and judgment in justice and circuit courts.
1. The plea was the general.issue. In the circuit court the case was continued over one term. At the next term, the case being ready for trial, defendant asked leave to amend her plea by giving notice of the statute, of limitations. The motion was denied. This was within the discretion of the circuit court, and will not be reviewed upon appeal. Ripley v. Davis, 15 Mich. 75 (90 Am. Dec. 262).
2. It is urged that the evidence shows a claim barred by the statute of…
2Cases cited4 opinions
- Tucker v. RohrbackMichigan Supreme Court · 1864
- Ripley v. DavisMichigan Supreme Court · 1866
- Franks v. FecheimerMichigan Supreme Court · 1880
- Whitworth v. PeltonMichigan Supreme Court · 1890
3Cited by9 opinions
- Kincaid v. CardwellMichigan Court of Appeals · 2013
- Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
- Vyse v. RichardsMichigan Supreme Court · 1919
- McLaughlin v. Ætna Life InsuranceMichigan Supreme Court · 1922
- Chambers v. BeckwithMichigan Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.