Authors
Richard S. Miller
Topics
Legal Systems and Judicial ProcessesLaw, Economics, and Judicial SystemsLegal and Constitutional StudiesRICHARD S. MILLERtA T the recently held Michigan Judicial Conference 1 most of the circuit judges of the State of Michigan gathered together to engage in discussions of the major reform of Michigan practice and procedure to take effect on January 1, 1963. 2 In the seminars conducted by this writer the rules provision which evoked the greatest interest, if not the greatest confusion, was a clause designed to mitigate some of the effects of the traditional rule against splitting a cause of action. 3 In light of the controversy and attendant litigation which this novel provision is likely to stir up, a brief discussion of the problems it creates coupled with alternative suggestions for its interpretation might prove useful. Such a discussion is the purpose of this short comment. 4Decisional law has firmly established the rule against splitting causes of action in Michigan. 5 It is a "rule of justice" designed to protect defendants from "double vexation for the same thing."6 In essence it requires plaintiff to bring his entire cause of action in a single suit, rather than to bring several suits based on different claims arising out of the same cause. Should plaintiff violate the rule against splitting, the defendants who are subjected to subsequent suits based on the original cause of action may have the later suit or suits dismissed on timely interposition of the defense of res judicata. 7 The Michigant Associate Professor of Law, Wayne State University Law School; Member of the :Michigan and Massachusetts Bars. The author is indebted to Circuit Judge Victor J. Baum of the Third Judicial Circuit of Wayne County for enlightening comment on the problems involved.
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PublishedJan 1, 1962
TypeArticle
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