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Full-Text Articles in Law
Actions-Single Injury To Person And Property As One Cause Of Action
Actions-Single Injury To Person And Property As One Cause Of Action
Michigan Law Review
The plaintiff suffered personal injuries and damage to his truck when the truck which he was driving collided with an automobile driven by the defendant's intestate, the latter being killed instantly by the collision. The plaintiff then brought this action alleging that the collision was caused by the intestate's negligence and asking damages for both personal and property injuries. The defendant contended that since his intestate was killed by the very blow which caused damage to the plaintiff no action lay against the intestate in his lifetime and since there was no statute giving an action against his administrator, the …
Practice And Procedure -Appeal And Error-Duplicitous Appeal
Practice And Procedure -Appeal And Error-Duplicitous Appeal
Michigan Law Review
Appellant attempted in one appeal and with a single notice of appeal to have reviewed two separate and disconnected appealable orders of the lower court made prior to final judgment, namely, an order granting a temporary injunction and an order overruling a demurrer to the complaint. Respondent moved to dismiss the appeal. Held, the appeal was duplicitous and therefore must be dismissed without leave to amend because the time for appeal was past. Grieves v. Danaher, (S. D. 1932) 243 N. W. 916.
Practice And Procedure - Declaratory Judgment
Practice And Procedure - Declaratory Judgment
Michigan Law Review
Plaintiff brought an action under the Uniform Declaratory Judgments Act to be adjudged the lawful child of J. C., deceased. A demurrer upon the grounds that no cause of action was stated and that the court lacked jurisdiction of the subject matter was sustained. On appeal, held, error. The question of status can be determined under the Act independent of any controversy relating to other rights. Miller v. Currie, (Wis. 1932) 242 N. W. 570.