Peppler v. Ratz, 38 Mich. 96 (Mich. 1878). · Go Syfert
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Peppler v. Ratz, 38 Mich. 96 (Mich. 1878). Cases Citing This Book View Copy Cite
57 citation events (8 in the last 25 years) across 11 distinct courts.
Treatment trajectory · 1904 → 2026 · click a year to view as-of
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Top citers, strongest first. 13 distinct citers. How cited ↗
examined Cited as authority (rule) Linda Layton v. Volt Participation Trust 2011-Npl2 (3×) also: Cited "see"
Mich. Ct. App. · 2016 · confidence medium
It is to prevent a simultaneous double vexation, which was allowed in England, but not generally here. [Emphasis added.] The Michigan Supreme Court came to the same conclusion in Larzelere v Starkweather, 38 Mich 96, 105 (1878): [T]he whole object and intent of that provision is to prevent the creditor pursuing a double remedy at the same time, thus putting the debtor to needless costs and expense.
cited Cited as authority (rule) Yankee Springs Township v. Fox
Mich. Ct. App. · 2005 · confidence medium
In Larzelere v Starkweather, 38 Mich 96, 107 (1878), our Supreme Court stated: There are cases which go very far in extending the doctrine of laches in applying the rule of constructive notice.
cited Cited as authority (rule) United States v. Garno
E.D. Mich. · 1997 · confidence medium
Larzelere v. Starkweather, 38 Mich. 96, 194 (1878).
discussed Cited as authority (rule) Chaney v. Department of Transportation (2×)
Mich. · 1994 · confidence medium
Justice MARSTON's statement for the Court in Larzelere v Starkweather, 38 Mich 96, 100-101 (1878), is again in point: No such question was involved or decided in [the cited] case.
discussed Cited as authority (rule) Hyde v. University of Michigan Board of Regents (2×) also: Cited "see"
Mich. · 1986 · confidence medium
The Court's disposition makes it unnecessary to express an opinion whether Hyde was correctly decided by the Court of Appeals. [5] 1986 PA 175 , amending MCL 691.1401 et seq.; MSA 3.996(101) et seq. [6] See Larzelere v Starkweather, 38 Mich 96, 100 (1878). [7] Ante, p 230. [8] Ante, p 243, quoting Ross, supra, p 621 . [9] Flagiello v Pennsylvania Hospital, 417 Pa 486, 491-495; 208 A2d 193 (1965); Sides v Cabarrus Memorial Hospital, 287 NC 14, 18-19; 213 SE2d 297 (1975); Carroll v Kittle, 203 Kan 841; 457 P2d 21 (1969); Stein v Regents of the Univ of Minnesota, 282 NW2d 552 (Minn, 1979). [10] I…
discussed Cited as authority (rule) Riley v. Northland Geriatric Center (2×)
Mich. · 1986 · confidence medium
See also Opinion of the Justices, 170 A2d 652 (Me, 1961); Commonwealth v Welosky, 276 Mass 398; 177 NE 656 (1931), cert den 284 US 684 (1931); In re Opinion of the Justices, 81 NH 566; 129 A 117 (1925). 20 Am Jur 2d, Courts, n 4 supra. "The conclusion arrived at and announced upon the several questions discussed and essential to a proper disposition of the case, is that of the court . . . .” Larzelere v Starkweather, 38 Mich 96,100 (1878).
discussed Cited as authority (rule) Cox v. Townsend
Mich. Ct. App. · 1979 · confidence medium
As pointed out in Larzelere v Starkweather, 38 Mich 96, 104 (1878): "A farm might be susceptible of being subdivided according to the governmental survey into several distinct parcels or lots, or it might be divided by a highway, and yet its character as one farm remain the same.
discussed Cited as authority (rule) People v. Pummer (2×)
Mich. · 1976 · confidence medium
The conclusion arrived at and announced upon the several questions discussed and essential to a proper disposition of the case, is that of the court, and in concurring in such conclusions it is not generally supposed understood that everything contained or said in the opinion is thereby unqualifiedly and unquestionably adopted as the opinion of the court.” Larzelere v Starkweather, 38 Mich 96, 100-101 (1878).
discussed Cited "see" Church & Church, Inc. v. A-1 CARPENTRY
Mich. Ct. App. · 2008 · signal: accord · confidence high
Accord, Larzelere v. Starkweather, 38 Mich. 96, 105 (1878)." More correctly stated, then, the intention of the Legislature with respect to the foreclosure statutes was to force an election of remedies by a mortgagee concerning a single debt: i.e., the same mortgagee cannot simultaneously maintain a lawsuit for judicial foreclosure and a foreclosure by advertisement, because it would allow for double recovery on the same debt.
discussed Cited "see" Church & Church, Inc. v. A-1 Carpentry
Mich. Ct. App. · 2008 · signal: accord · confidence high
Accord, Larzelere v. Starkweather, 38 Mich. 96, 105 (1878).” More correctly stated, then, the intention of the Legislature with respect to the foreclosure statutes was to force an election of remedies by a mortgagee concerning a single debt: i.e., the same mortgagee cannot simultaneously maintain a lawsuit for judicial foreclosure and a foreclosure by advertisement, because it would allow for double recovery on the same debt.
discussed Cited "see" Breckon v. Franklin Fuel Co.
Mich. · 1970 · signal: see · confidence high
See Larzelere v. Starkweather (1878), 38 Mich 96, 101 (opinion endorsed by Justices COOLEY, CAMPBELL, MARSTON and GRAVES), and cases collected in McNally v. Board of Canvassers of Wayne County (1947), 316 Mich 551, 558 . [5] See quotation of the Vreeland case in Burns, supra, at 489, 490 , and in Currie, supra at 467 . [6] See e.g. in addition to Poff, Venneman, MacDonald, Vreeland, Didricksen and McGinnis , all supra, and the list of out-of-state authorities which Venneman applied at 373-378. [7] See all of the separate opinions of Currie, Reisig and Wilson, supra . [8] The preposition "in" a…
cited Cited "see" United States v. Orville Leslie, Dora Leslie, Orville L. Leslie, Jr., Benjamin T. Leslie and Otto L. Leslie
6th Cir. · 1970 · signal: accord · confidence high
Accord, Larzel-ere v. Starkweather, 38 Mich. 96 , 105 (1878).
discussed Cited "see" Weeren v. Evening News Assn. (2×)
Mich. · 1967 · signal: see · confidence high
See Larzelere v. Starkweather, 38 Mich 96 , 101, McNally v. Board of Canvassers of Wayne County, 316 Mich 551, 558 , and quotation of Chief Justice Marshall in Humphrey's Executor (Rathbun) v. United States, 295 US 602 , 627 ( 55 S Ct 869 , 79 L ed 1611).
Retrieving the full opinion text from the archive…
George Peppler
v.
George Ratz
Michigan Supreme Court.
Jan 10, 1878.
38 Mich. 96
Patterson & Palmer for plaintiff in error., Burch, Beardsley & Judkins for defendant in error.
Cited by 1 opinion  |  Published

Affirmed with costs.