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The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
The Union Of Law And Equity, Charles W. Joiner, Ray A. Geddes
Michigan Law Review
This paper was prepared for the guidance of a Committee on Michigan Procedural Revision jointly created by the Michigan Legislature, the Supreme Court of Michigan, and the Michigan State Bar to recommend revision of Michigan statutes and rules. Toe need for the joinder of law and equity procedure was thought to be so fundamental that this paper was prepared as a basic study for the committee. In it an attempt is made to bring to the attention of the Michigan lawyers, judges, and legislators an analysis of the Michigan Constitution, statutes, and cases and the experience of other states that …
Civil Procedure - Splitting Cause Of Action - Voluntary Settlement Of Part Of Cause Of Action As Bar To Suit, James F. Hillis
Civil Procedure - Splitting Cause Of Action - Voluntary Settlement Of Part Of Cause Of Action As Bar To Suit, James F. Hillis
Michigan Law Review
Plaintiff suffered bodily injury and damage to his automobile from a single negligent act of defendant. By voluntary agreement the parties settled plaintiff's claim as to the property damage only. Thereafter plaintiff instituted this action to recover damages for his personal injuries. Defendant pleaded the property settlement as a bar to the action, and the trial court awarded judgment to defendant. The intermediate appellate court affirmed. On appeal to the state supreme court, held, affirmed. A single wrongful act which inflicts personal injury and property damage gives rise to one cause of action, and a prior judgment for the …