Legal Opinion · Dissent

McDonell v. Wayne Circuit Judge

Michigan Supreme Court

Decided April 27, 1923No. Calendar No. 30,579Published

1DissentFellows, J.

I realize that the doctrine of stare decisis should not be applied as *523rigorously where questions of practice are involved as where rules of property are at stake. However, there should be a reasonable degree of stability in our holdings where only questions of practice are before us. Circuit judges and practitioners look to the decisions of this court as finally decisive on questions of practice as well as questions of property rights. The. defendant circuit judge in the instant case relied, in deciding the question' before him, on four cases: Douglass v. Manistee Circuit Judge, 42 Mich. 495;…

2Cases cited4 opinions

  1. Lapham v. Oakland Circuit JudgeMichigan Supreme Court · 1912
  2. Douglass v. Circuit JudgeMichigan Supreme Court · 1880
  3. Metcalf v. MooreMichigan Supreme Court · 1901
  4. Porrett v. LauerMichigan Supreme Court · 1915

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