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People ex rel. Stimpson v. Judge of the Seventh Circuit

People ex rel. Thomas O. Stimpson v. The Judge of the Seventh Circuit

People ex rel. Stimpson v. Judge of the Seventh Circuit, 2 N.W. 179 (Mich. 1879)
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Court
Michigan Supreme Court · State Highest Courts
Decided
June 3, 1879
Judges
Cueiam
Citations
2 N.W. 17941 Mich. 31879 Mich. LEXIS 766
Cited by 6
Headnotes
Practice — Suggestion of death on the record. The suggestion of a party’s death upon the record is enough, if undisputed, to have all the proceedings construed with it without amending the declaration. But the later proceedings must he properly entitled.
Summary
Mandamus applied for to compel the court to vacate an order denying leave to file an amended declaration on duly suggesting of record the death of a defendant. The relator claimed the declaration should be amended so as to show the change of parties.

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

Opinion of the Court — Cueiam

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Pee Cueiam.

Where a suggestion of the death of a party appears on the record, and no claim is made that it is untrue, it will stand as a sufficient showing to have all the proceedings construed with it. The proceedings, however, should afterwards in strictness be properly entitled, but there is no occasion for amendments.

Motion denied.

How later courts describe this case

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

Cited by 6 cases

View all citing references →
1889: 11894: 11902: 11914: 11924: 12019: 118892026peak 1889 · 1

Relies on it most ⓘ

  1. Stevenson v. Kurtz57 N.W. 580 (Mich. 1894)
  2. Sinclair v. Common Council147 N.W. 942 (Mich. 1914)
  3. United States ex rel. Fink v. Tod1 F.2d 246 (2d Cir. 1924)
  4. Naumann v. Board of City Canvassers41 N.W. 267 (Mich. 1889)
  5. Pittsburgh, Ft. Wayne & Chicago Railway Co. v. Gillespie63 N.E. 845 (Ind. 1902)
  6. Connor Berdy v. Sonja Buffa928 N.W.2d 204 (Mich. 2019)

Most recent

  1. Connor Berdy v. Sonja Buffa928 N.W.2d 204 (Mich. 2019)
  2. United States ex rel. Fink v. Tod1 F.2d 246 (2d Cir. 1924)
  3. Sinclair v. Common Council147 N.W. 942 (Mich. 1914)
  4. Pittsburgh, Ft. Wayne & Chicago Railway Co. v. Gillespie63 N.E. 845 (Ind. 1902)
  5. Stevenson v. Kurtz57 N.W. 580 (Mich. 1894)
  6. Naumann v. Board of City Canvassers41 N.W. 267 (Mich. 1889)

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.

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