TaiLexi AI U.S. Case Law

Cooper v. Mayhew

Joel P. Cooper v. Jennie Mayhew by her guardian, etc.

Cooper v. Mayhew, 40 Mich. 528 (1879)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Michigan Supreme Court · State Highest Courts
Decided
April 8, 1879
Citations
40 Mich. 528
Headnotes
Temporary alimony — Guardian’s admissions not binding. An order for temporary alimony is discretionary and not final. A guardian ad litem cannot bind his ward by his admissions against her.
Summary
Motion to dismiss appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

Cooper had filed a bill of divorce against Jennie Mayhew, an infant, on tbe ground that she bad defrauded him into a marriage with ber. An order was made granting ber temporary alimony, and tbe appeal was taken from this order.

Tbe guardian ad litem of tbe defendant is claimed to have admitted bis ward’s fraud, but be has no right to bind ber by bis admissions, and tbe fraud cannot, therefore, be held to have been admitted. Tbe case, therefore, cannot be distinguished in principle from an ordinary divorce case, and in such cases it is within tbe discretion of tbe court to make an interlocutory allowance, which this court will not review. Tbe order is not a final order, and is not subject to appeal.

Motion to dismiss granted.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1881–1882: 11891–1892: 21895–1896: 11905–1906: 11907–1908: 11909–1910: 11935–1936: 11937–1938: 118812026peak 1891 · 2

Relies on it most ⓘ

  1. Buffalo Loan, Trust & Safe Deposit Co. v. Knights Templar & Masonic Mutual Aid Ass'n126 N.Y. 450 (1891)
  2. B.L., T. S.D. Co. v. K.T. M.M.A. Assn.27 N.E. 942 (N.Y. 1891)
  3. Kidwell v. Ketler79 P. 514 (Cal. 1905)
  4. Cohen v. Home Life Insurance263 N.W. 857 (Mich. 1935) · Dissent
  5. Queatham v. Modern Woodmen of America127 S.W. 651 (Mo. Ct. App. 1910)
  6. Ross v. Ross10 N.W. 193 (Mich. 1881)

Most recent

  1. Landwehr v. Holland City State Bank279 N.W. 497 (Mich. 1938) · Dissent
  2. Cohen v. Home Life Insurance263 N.W. 857 (Mich. 1935) · Dissent
  3. Queatham v. Modern Woodmen of America127 S.W. 651 (Mo. Ct. App. 1910)
  4. In re Estate of Harris3 Coffey 1 (Cal. Supp. Ct. (San Francisco) 1908)
  5. Kidwell v. Ketler79 P. 514 (Cal. 1905)
  6. In re Kelsey43 P. 106 (Utah 1895)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list