quoted rule (Michigan) · Go Syfert
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quoted rule in Michigan

34 Michigan opinions name it 2 courts 1949–2024 2 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Thies v. Howlandred
mich · 1986 · cited in 1 Michigan opinions naming this issue, 2022–2022
2 sentences

2022In rejecting the defendants’ argument that the historical uses of the road ends should favor a more expansive scope of use, this Court stated, in the absence of evidence that the historical uses of the road ends were contemporaneous with the dedication, the road-end activity occurring after the dedication are not helpful in determining the dedicators’ intent. [Id. at 103.] In support of this statement, this Court quoted a rule of construction recognized in Thies v Howland, 424 Mich 282 ; 380 NW2d 463 (1985)—that “[t]he intent of the plattors should be determined with reference to the language

2022In rejecting the defendants’ argument that the historical uses of the road ends should favor a more expansive scope of use, this Court stated, in the absence of evidence that the historical uses of the road ends were contemporaneous with the dedication, the road-end activity occurring after the dedication are not helpful in determining the dedicators’ intent. [Id. at 103.] In support of this statement, this Court quoted a rule of construction recognized in Thies v Howland, 424 Mich 282 ; 380 NW2d 463 (1985)—that “[t]he intent of the plattors should be determined with reference to the language

11
People v. Hoffmangreen
michctapp · 1997 · cited in 1 Michigan opinions naming this issue, 2022–2022
1 sentence

2022In rejecting the defendants’ argument that the historical uses of the road ends should favor a more expansive scope of use, this Court stated, in the absence of evidence that the historical uses of the road ends were contemporaneous with the dedication, the road-end activity occurring after the dedication are not helpful in determining the dedicators’ intent. [Id. at 103.] In support of this statement, this Court quoted a rule of construction recognized in Thies v Howland, 424 Mich 282 ; 380 NW2d 463 (1985)—that “[t]he intent of the plattors should be determined with reference to the language

11
Fordon v. Bendergreen
mich · 1961 · cited in 1 Michigan opinions naming this issue, 2001–2001
2 sentences

2001Once the jury resolved the causation dispute, the great weight of the evidence compelled it to award plaintiff damages for the pain and suffering which naturally followed such injuries found by the jury to have been proximately caused by defendants. [ Fordon at 125-126, 108 N.W.2d 896 .] In Mosley , this Court again ordered a new trial after the jury awarded the precise amount of medical expenses resulting from automobile negligence.

2001Once the jury resolved the causation dispute, the great weight of the evidence compelled it to award plaintiff damages for the pain and suffering which naturally followed such injuries found by the jury to have been proximately caused by defendants. [ Id. at 125-126 , 108 N.W.2d 896 (emphasis added).] In this case, the court instructed the first jury on the elements of damages that it was required to consider, pursuant to S.J.I.2d 50.01, 50.02.

11
People v. Johnsongreen
michctapp · 1974 · cited in 1 Michigan opinions naming this issue, 1975–1975
2 sentences

1975See also People v Johnson, 53 Mich App 329, 334 ; 220 NW2d 65, 68 (1974).

1975See also People v Johnson, 53 Mich App 329, 334 ; 220 NW2d 65, 68 (1974).

11
People v. Carmichaelgreen
mich · 1858 · cited in 1 Michigan opinions naming this issue, 1973–1973
1 sentence

1973This instruction is a composite of language from the opinions in People v Carmichael, 5 Mich 10, 17 (1858); and People v Scott, 6 Mich 287, 296 (1859).

11
People v. Scottgreen
mich · 1859 · cited in 1 Michigan opinions naming this issue, 1973–1973
1 sentence

1973This instruction is a composite of language from the opinions in People v Carmichael, 5 Mich 10, 17 (1858); and People v Scott, 6 Mich 287, 296 (1859).

11
People v. Chivasgreen
mich · 1948 · cited in 1 Michigan opinions naming this issue, 1962–1962
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (46)

CaseCitedYears
Baker v. General Motors Corp. green
mich · 1980
1 sentence

2024Baker, 409 Mich at 665 . 9 However, the statute instead says, “by means of bribery, menace, or other corrupt means or device.” (Emphasis added.) The inclusion of “other” denotes that “other corrupt means or device” functions as a catchall, and, as described above, “bribery” and “menace” thus serve as examples of “corrupt means or device[s].” Keeping in mind that the definition of “corrupt means” must include “bribery” and “menace,” we turn to the dictionary definitions of the relevant terms for guidance.

12024–2024
People v. Stokes green
michctapp · 2015
1 sentence

2017The Stokes Court also concluded that, “given that our Supreme Court specifically expressed its ‘agreement with’ the quoted analysis stated in Crosby, we believe our Supreme Court intended the Crosby procedure to apply to both preserved and unpreserved errors.” Id. at 200 .

12017–2017
United States v. Francisco Lake green
ca2 · 2005
1 sentence

2016However, the Stokes Court concluded that “given that our Supreme Court specifically expressed its ‘agreement with’ the quoted analysis stated in Crosby, we believe our Supreme Court intended that the Crosby procedure would apply to both preserved and unpreserved errors.” Id. at ___; slip op at 11. -5- Next, defendant argues on appeal that he is entitled to have three sentences/paragraphs containing irrelevant and incorrect information stricken from his presentence report (PSIR).

12016–2016
Mosley v. Dati green
mich · 1961
1 sentence

2001Once the jury resolved the causation dispute, the great weight of the evidence compelled it to award plaintiff damages for the pain and suffering which naturally followed such injuries found by the jury to have been proximately caused by defendants. [ Id. at 125-126 , 108 N.W.2d 896 (emphasis added).] In this case, the court instructed the first jury on the elements of damages that it was required to consider, pursuant to S.J.I.2d 50.01, 50.02.

12001–2001
Martin v. Department of Corrections green
mich · 1986
1 sentence

1987We affirm the decision of the Court of Appeals. [Martin, supra, p 555 .] The majority opinion concluded, however, with the following language: [W]e are compelled to conclude that the Legislature, in enacting the apa, did not intend to include disciplinary provisions adopted by the Department of Corrections as "an intergovernmental, interagency or intra-agency directive or communication which does not affect the right of, or procedures and practices available to the public” and consequently excluded from apa requirements.

11987–1987
Green v. Department of Corrections green
mich · 1971
2 sentences

1986The Court of Appeals reversed, finding that this Court’s decision in Green v Dep’t of Corrections, 386 Mich 459 ; 192 NW2d 491 (1971), led to a conclusion that prisoners are members of the public for purposes of the apa. 2 II.

1986The Court of Appeals reversed, finding that this Court’s decision in Green v Dep’t of Corrections, 386 Mich 459 ; 192 NW2d 491 (1971), led to a conclusion that prisoners are members of the public for purposes of the apa. 2 II.

11986–1986
Redfern v. Sparks-Withington Co. green
mich · 1978
2 sentences

1981The Redfern Court refers, not to somatic disability with functional basis, but to the employee’s mental capacity’ 403 Mich 63, 78 ; 'mental illness’ id., 81 ; and 'loss of mental function’ ibid. ” The majority conclusion that plaintiff is not incurably insane under the above quoted test from Redfern, supra, was based on its findings that: (1) plaintiff’s mental capacity is relatively unchanged from before the work-related injury; (2) she was able to get along well with fellow employees and superiors; (3) she is no recluse, despite her physical difficulties; (4) her relationships with her neigh

1981The Redfern Court refers, not to somatic disability with functional basis, but to the employee’s mental capacity’ 403 Mich 63, 78 ; 'mental illness’ id., 81 ; and 'loss of mental function’ ibid. ” The majority conclusion that plaintiff is not incurably insane under the above quoted test from Redfern, supra, was based on its findings that: (1) plaintiff’s mental capacity is relatively unchanged from before the work-related injury; (2) she was able to get along well with fellow employees and superiors; (3) she is no recluse, despite her physical difficulties; (4) her relationships with her neigh

11981–1981
Carman v. Secretary of State green
mich · 1971
2 sentences

1980As to the second point, that the action of the Secretary of State in remedying omissions of the circulator can satisfy constitutional requirements, Carman stated as follows: "Our summarized ruling is that after this particular affirmative vote of the electors was certified, the quoted requirement of ง 482 [MCL 168.482] became directory only, and that the requirement was fulfilled to constitutional satisfaction by the manner in which the Secretary of State performed his duty." 384 Mich 443, 456 .

1980As to the second point, that the action of the Secretary of State in remedying omissions of the circulator can satisfy constitutional requirements, Carman stated as follows: "Our summarized ruling is that after this particular affirmative vote of the electors was certified, the quoted requirement of § 482 [MCL 168.482] became directory only, and that the requirement was fulfilled to constitutional satisfaction by the manner in which the Secretary of State performed his duty.” 384 Mich 443, 456 .

11980–1980
People v. Jackson neutral
michctapp · 1978
2 sentences

1980In addition, the people cite People v Theron Jackson, 81 Mich App 18 ; 264 NW2d 101 (1978), in support of their position, claiming that the circumstances in that case are analogous to those in the case sub judice.

1980In addition, the people cite People v Theron Jackson, 81 Mich App 18 ; 264 NW2d 101 (1978), in support of their position, claiming that the circumstances in that case are analogous to those in the case sub judice.

11980–1980
Miller v. Fabius Township Board green
mich · 1962
2 sentences

1977Miller v Fabius Twp Board, supra ; City of Howell v Kaal, 341 Mich 585 ; 67 NW2d 704 (1954); Loose v Battle Creek, 309 Mich 1 ; 14 NW2d 554 (1944); Eanes v Detroit, 279 Mich 531 ; 272 NW 896 (1937); People v McGraw, 184 Mich 233 ; 150 NW 836 (1915).

1977Miller v Fabius Twp Board, supra; City of Howell v Kaal, 341 Mich 585 ; 67 NW2d 704 (1954); Loose v Battle Creek, 309 Mich 1 ; 14 NW2d 554 (1944); Eanes v Detroit, 279 Mich 531 ; 272 NW 896 (1937); People v McGraw, 184 Mich 233 ; 150 NW 836 (1915).

11977–1977
Loose v. City of Battle Creek neutral
mich · 1944
2 sentences

1977Miller v Fabius Twp Board, supra; City of Howell v Kaal, 341 Mich 585 ; 67 NW2d 704 (1954); Loose v Battle Creek, 309 Mich 1 ; 14 NW2d 554 (1944); Eanes v Detroit, 279 Mich 531 ; 272 NW 896 (1937); People v McGraw, 184 Mich 233 ; 150 NW 836 (1915).

1977Miller v Fabius Twp Board, supra; City of Howell v Kaal, 341 Mich 585 ; 67 NW2d 704 (1954); Loose v Battle Creek, 309 Mich 1 ; 14 NW2d 554 (1944); Eanes v Detroit, 279 Mich 531 ; 272 NW 896 (1937); People v McGraw, 184 Mich 233 ; 150 NW 836 (1915).

11977–1977
Eanes v. City of Detroit green
mich · 1937
2 sentences

1977Miller v Fabius Twp Board, supra; City of Howell v Kaal, 341 Mich 585 ; 67 NW2d 704 (1954); Loose v Battle Creek, 309 Mich 1 ; 14 NW2d 554 (1944); Eanes v Detroit, 279 Mich 531 ; 272 NW 896 (1937); People v McGraw, 184 Mich 233 ; 150 NW 836 (1915).

1977Miller v Fabius Twp Board, supra; City of Howell v Kaal, 341 Mich 585 ; 67 NW2d 704 (1954); Loose v Battle Creek, 309 Mich 1 ; 14 NW2d 554 (1944); Eanes v Detroit, 279 Mich 531 ; 272 NW 896 (1937); People v McGraw, 184 Mich 233 ; 150 NW 836 (1915).

11977–1977
City of Howell v. Kaal green
mich · 1954
2 sentences

1977Miller v Fabius Twp Board, supra; City of Howell v Kaal, 341 Mich 585 ; 67 NW2d 704 (1954); Loose v Battle Creek, 309 Mich 1 ; 14 NW2d 554 (1944); Eanes v Detroit, 279 Mich 531 ; 272 NW 896 (1937); People v McGraw, 184 Mich 233 ; 150 NW 836 (1915).

1977Miller v Fabius Twp Board, supra; City of Howell v Kaal, 341 Mich 585 ; 67 NW2d 704 (1954); Loose v Battle Creek, 309 Mich 1 ; 14 NW2d 554 (1944); Eanes v Detroit, 279 Mich 531 ; 272 NW 896 (1937); People v McGraw, 184 Mich 233 ; 150 NW 836 (1915).

11977–1977
People v. McGraw green
mich · 1915
2 sentences

1977Miller v Fabius Twp Board, supra; City of Howell v Kaal, 341 Mich 585 ; 67 NW2d 704 (1954); Loose v Battle Creek, 309 Mich 1 ; 14 NW2d 554 (1944); Eanes v Detroit, 279 Mich 531 ; 272 NW 896 (1937); People v McGraw, 184 Mich 233 ; 150 NW 836 (1915).

1977Miller v Fabius Twp Board, supra; City of Howell v Kaal, 341 Mich 585 ; 67 NW2d 704 (1954); Loose v Battle Creek, 309 Mich 1 ; 14 NW2d 554 (1944); Eanes v Detroit, 279 Mich 531 ; 272 NW 896 (1937); People v McGraw, 184 Mich 233 ; 150 NW 836 (1915).

11977–1977
People v. Bucsko green
mich · 1927
2 sentences

1975People v Younger, [ 380 Mich 678 ; 158 NW2d 493 (1968)] supra, 681-682; People v Droste, 160 Mich 66, 79 ; 125 NW 87 (1910); People v Bucsko, 241 Mich 1, 3 ; 216 NW 372 (1927).

1975People v Younger, [ 380 Mich 678 ; 158 NW2d 493 (1968)] supra, 681-682; People v Droste, 160 Mich 66, 79 ; 125 NW 87 (1910); People v Bucsko, 241 Mich 1, 3 ; 216 NW 372 (1927).

11975–1975
People v. Finley green
mich · 1878
1 sentence

1975The above quoted instruction was approved by the Supreme Court in People v Finley, 38 Mich 482 ; (1878), in the context of distinguishing pure passion from legal insanity.

11975–1975
People v. Townes green
mich · 1974
2 sentences

1975"On the other hand, if the people have failed to establish all of these elements beyond a reasonable doubt as I have defined that term, you must find the defendant not guilty of manslaughter.” Defendant alleges that the above quoted instruction was erroneous and prevented the jury from considering either involuntary manslaughter or the statutory offense of manslaughter resulting from a firearm pointed intentionally but without malice. 6 In People v Townes, 391 Mich 578, 590-591 ; 218 NW2d 136 (1974), this Court discussed the necessary elements of voluntary and involuntary manslaughter: "A defe

1975"On the other hand, if the people have failed to establish all of these elements beyond a reasonable doubt as I have defined that term, you must find the defendant not guilty of manslaughter.” Defendant alleges that the above quoted instruction was erroneous and prevented the jury from considering either involuntary manslaughter or the statutory offense of manslaughter resulting from a firearm pointed intentionally but without malice. 6 In People v Townes, 391 Mich 578, 590-591 ; 218 NW2d 136 (1974), this Court discussed the necessary elements of voluntary and involuntary manslaughter: "A defe

11975–1975
People v. Younger green
mich · 1968
2 sentences

1975People v Younger, [ 380 Mich 678 ; 158 NW2d 493 (1968)] supra, 681-682; People v Droste, 160 Mich 66, 79 ; 125 NW 87 (1910); People v Bucsko, 241 Mich 1, 3 ; 216 NW 372 (1927).

1975People v Younger, [ 380 Mich 678 ; 158 NW2d 493 (1968)] supra, 681-682; People v Droste, 160 Mich 66, 79 ; 125 NW 87 (1910); People v Bucsko, 241 Mich 1, 3 ; 216 NW 372 (1927).

11975–1975
People v. Droste green
mich · 1910
2 sentences

1975People v Younger, [ 380 Mich 678 ; 158 NW2d 493 (1968)] supra, 681-682; People v Droste, 160 Mich 66, 79 ; 125 NW 87 (1910); People v Bucsko, 241 Mich 1, 3 ; 216 NW 372 (1927).

1975People v Younger, [ 380 Mich 678 ; 158 NW2d 493 (1968)] supra, 681-682; People v Droste, 160 Mich 66, 79 ; 125 NW 87 (1910); People v Bucsko, 241 Mich 1, 3 ; 216 NW 372 (1927).

11975–1975
People v. Collins green
mich · 1911
2 sentences

1971Appellant claims that a proper charge would have been as approved in People v. Collins (1911), 166 Mich 4 : "`And it is the law that death resulting from an assault, in the absence of any proof to the contrary, is presumed to be felonious — either murder or manslaughter.

1971Appellant claims that a proper charge would have been as approved in People v. Collins (1911), 166 Mich 4 : “ ‘And it is the law that death resulting from an assault, in the absence of any proof to the contrary, is presumed to be felonious — either murder or manslaughter.

11971–1971
Mettetal v. Hall green
mich · 1939
1 sentence

1970The defendant agrees with plaintiff’s cited rule of law found in the case of In re Wood Estate (1965), 374 Mich 278 , 285: “Once such a relationship [fiduciary] is established and the fiduciary or an interest which he represents benefits therefrom, the law recognizes a presumption that he in whom trust was reposed exercised his influence unduly.” Defendant also agrees with the plaintiff’s quoted rule of law stated in the case of Mettetal v. Hall (1939), 288 Mich 200 , 215: “ ‘It may be stated as settled law, that whenever there is great weakness of mind in a person executing a conveyance of la

11970–1970
In Re Wood Estate green
mich · 1965
1 sentence

1970The defendant agrees with plaintiff’s cited rule of law found in the case of In re Wood Estate (1965), 374 Mich 278 , 285: “Once such a relationship [fiduciary] is established and the fiduciary or an interest which he represents benefits therefrom, the law recognizes a presumption that he in whom trust was reposed exercised his influence unduly.” Defendant also agrees with the plaintiff’s quoted rule of law stated in the case of Mettetal v. Hall (1939), 288 Mich 200 , 215: “ ‘It may be stated as settled law, that whenever there is great weakness of mind in a person executing a conveyance of la

11970–1970
Dikeman v. Arnold green
mich · 1890
1 sentence

1968One is that the quoted error of counsel did not rise to any plane of prejudice according to the standard of regularly cited Dikeman v. Arnold (1890), 83 Mich 218 .

11968–1968
People v. Parshay green
mich · 1967
2 sentences

1968As stated by Justice Souris in Par shay, supra, page 16 : “It is clear beyond dispute that the quoted rule [GCR 1963, 785.3(1)] means something more than that certain advice be given regarding some rather fundamental rights of an accused, but that he need not be given an opportunity to invoke those rights.” For the above reasons and the reasons given by Justice Souris in Parshay, supra, I would reverse and remand for a trial.

1968As stated by Justice Souris in Par shay, supra, page 16 : “It is clear beyond dispute that the quoted rule [GCR 1963, 785.3(1)] means something more than that certain advice be given regarding some rather fundamental rights of an accused, but that he need not be given an opportunity to invoke those rights.” For the above reasons and the reasons given by Justice Souris in Parshay, supra, I would reverse and remand for a trial.

11968–1968
Thelen v. Mutual Benefit Health & Accident Ass'n green
mich · 1942
11967–1967
In Re Wagar's Estate neutral
mich · 1940
11965–1965
Hadley v. Henderson neutral
mich · 1921
11965–1965
Douglas v. Edgewater Park Co. green
mich · 1963
11964–1964
Elliott v. A. J. Smith Contracting Co. green
mich · 1960
11964–1964
Tregonning v. Castantini neutral
mich · 1928
11963–1963
Metcalf v. Peerless Laundry & Dye Co. green
mich · 1921
11963–1963
People v. Campbell green
mich · 1927
11962–1962
People v. Engle green
mich · 1898
11962–1962
Guyer v. Smullen green
minn · 1924
11961–1961
Tilley v. Brady green
mich · 1949
11960–1960
Angeloff v. Smith green
mich · 1931
11960–1960
Schondelmayer v. Schondelmayer green
mich · 1948
11960–1960
Boston-Edison Protective Ass'n v. Teahen green
mich · 1953
11960–1960
McClarren v. Buck green
mich · 1955
11959–1959
Carver v. Detroit & Saline Plank Road Co. green
· 1886
11959–1959

Where else courts name it

CA 149 (1893–2020) TX 73 (1914–2024) OK 58 (1923–2016) MO 50 (1910–2006) FL 42 (1908–2018) LA 37 (1918–2004) NC 36 (1940–2023) AL 35 (1907–2024) MI 34 (1949–2024) PA 30 (1904–2019) IL 30 (1903–2015) MS 29 (1931–2022) GA 28 (1918–2018) OR 26 (1917–2020) WA 25 (1911–2018) NY 21 (1902–2012) TN 20 (1927–2016) IA 18 (1921–2016) KS 17 (1911–2004) AR 16 (1921–1998) NJ 15 (1949–1997) MA 15 (1928–2009) AZ 13 (1966–2004) KY 13 (1925–2024) MD 13 (1932–2011) IN 13 (1933–2017) CO 12 (1958–1996) OH 11 (1932–2011) SC 10 (1935–1979) NM 10 (1942–2012) ID 9 (1957–2023) DC 9 (1913–2018) WI 8 (1914–2013) MN 7 (1922–1983) MT 7 (1929–2002) NE 7 (1890–1974) DE 6 (1934–1978) RI 6 (1962–2014) ME 6 (1891–1980) SD 6 (1941–1969) ND 6 (1908–1998) HI 5 (1937–1989) UT 5 (1937–1994) WY 5 (1937–2003) CT 4 (1942–2009) NV 4 (1950–1965) WV 3 (1969–2026) AK 2 (1997–1998) VA 2 (1986–2014) VT 2 (1945–1978)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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