opinion concerning some rule in Michigan

2025In contrast, our Supreme Court has described “dicta” as “[s]tatements and comments in an opinion concerning some rule of law or legal proposition not necessarily involved nor essential to determination of the case in hand” that “lack the force of an adjudication.” Wold Architects & Engineers v Strat, 474 Mich. 223 , 232 n 3; 713 NW2d 750 (2006) (quotation marks and citations omitted).

2025In contrast, our Supreme Court has described “dicta” as “[s]tatements and comments in an opinion concerning some rule of law or legal proposition not necessarily involved nor essential to determination of the case in hand” that “lack the force of an adjudication.” Wold Architects & Engineers v Strat, 474 Mich. 223 , 232 n 3; 713 NW2d 750 (2006) (quotation marks and citations omitted).

2019While “ ‘[i]t is a well-settled rule that any statements and comments in an opinion concerning some rule of law or debated legal proposition not necessarily involved nor essential to determination of the case in hand are, however illuminating, but obiter dicta and lack the force of an adjudication,’ ” McNally v Wayne Co Bd of Canvassers, 316 Mich 551, 558 ; 25 NW2d 613 (1947), quoting People v Case, 16 220 Mich 379, 382-383 ; 190 NW2d 289 (1922), the identification of “contract” and “tort” as the two exclusive types of “civil wrongs” was, in my judgment, entirely necessary in the course of det

2018We are unable to deduce from the plain language of the Penal Code that, regardless of which code contains the offense, the Legislature manifested its intent that the Penal Code treat all offenses labeled as misdemeanors but punishable by up to two years' imprisonment as misdemeanors. 41 Smith , 423 Mich. at 434 , 378 N.W.2d 384 (opinion by Williams , C.J.). 42 See id . 43 People v. Peltola , 489 Mich. 174 , 190 n. 32, 803 N.W.2d 140 (2011) ; see also McNally v. Bd. of Canvassers of Wayne Co. , 316 Mich. 551 , 558, 25 N.W.2d 613 (1947) (" 'It is a well-settled rule that any statements and comme

1991See, also, Robinson v Gordon Oil Co, 266 Mich 65, 71 [ 253 NW 218 (1934)]. [Emphasis added.]

1991See, also, Robinson v Gordon Oil Co, 266 Mich 65, 71 [ 253 NW 218 (1934)]. [Emphasis added.]

2020“It is a well-settled rule that any statements and comments in an opinion concerning some rule of law or debated legal proposition not necessarily involved nor essential to determination of the case in hand are, however illuminating, but obiter dicta, and lack the force of an adjudication.” McNally v Bd of Canvassers of Wayne Co, 316 Mich 551, 558 ; 25 NW2d 613 (1947) (quotation marks and citation omitted).

2020“It is a well-settled rule that any statements and comments in an opinion concerning some rule of law or debated legal proposition not necessarily involved nor essential to determination of the case in hand are, however illuminating, but obiter dicta, and lack the force of an adjudication.” McNally v Bd of Canvassers of Wayne Co, 316 Mich 551, 558 ; 25 NW2d 613 (1947) (quotation marks and citation omitted).

2019Dicta are “statements and comments in an opinion concerning some rule of law or legal proposition not necessarily involved nor essential to determination of the case in hand[.]” People v Tierney, 266 Mich App 687, 713 ; 703 NW2d 204 (2005) (quotation marks, citation, and brackets omitted).

2019Dicta are “statements and comments in an opinion concerning some rule of law or legal proposition not necessarily involved nor essential to determination of the case in hand[.]” People v Tierney, 266 Mich App 687, 713 ; 703 NW2d 204 (2005) (quotation marks, citation, and brackets omitted).

2018We are unable to deduce from the plain language of the Penal Code that, regardless of which code contains the offense, the Legislature manifested its intent that the Penal Code treat all offenses labeled as misdemeanors but punishable by up to two years' imprisonment as misdemeanors. 41 Smith , 423 Mich. at 434 , 378 N.W.2d 384 (opinion by Williams , C.J.). 42 See id . 43 People v. Peltola , 489 Mich. 174 , 190 n. 32, 803 N.W.2d 140 (2011) ; see also McNally v. Bd. of Canvassers of Wayne Co. , 316 Mich. 551 , 558, 25 N.W.2d 613 (1947) (" 'It is a well-settled rule that any statements and comme

2018We are unable to deduce from the plain language of the Penal Code that, regardless of which code contains the offense, the Legislature manifested its intent that the Penal Code treat all offenses labeled as misdemeanors but punishable by up to two years' imprisonment as misdemeanors. 41 Smith , 423 Mich. at 434 , 378 N.W.2d 384 (opinion by Williams , C.J.). 42 See id . 43 People v. Peltola , 489 Mich. 174 , 190 n. 32, 803 N.W.2d 140 (2011) ; see also McNally v. Bd. of Canvassers of Wayne Co. , 316 Mich. 551 , 558, 25 N.W.2d 613 (1947) (" 'It is a well-settled rule that any statements and comme

2018We are unable to deduce from the plain language of the Penal Code that, regardless of which code contains the offense, the Legislature manifested its intent that the Penal Code treat all offenses labeled as misdemeanors but punishable by up to two years' imprisonment as misdemeanors. 41 Smith , 423 Mich. at 434 , 378 N.W.2d 384 (opinion by Williams , C.J.). 42 See id . 43 People v. Peltola , 489 Mich. 174 , 190 n. 32, 803 N.W.2d 140 (2011) ; see also McNally v. Bd. of Canvassers of Wayne Co. , 316 Mich. 551 , 558, 25 N.W.2d 613 (1947) (" 'It is a well-settled rule that any statements and comme

2018We are unable to deduce from the plain language of the Penal Code that, regardless of which code contains the offense, the Legislature manifested its intent that the Penal Code treat all offenses labeled as misdemeanors but punishable by up to two years' imprisonment as misdemeanors. 41 Smith , 423 Mich. at 434 , 378 N.W.2d 384 (opinion by Williams , C.J.). 42 See id . 43 People v. Peltola , 489 Mich. 174 , 190 n. 32, 803 N.W.2d 140 (2011) ; see also McNally v. Bd. of Canvassers of Wayne Co. , 316 Mich. 551 , 558, 25 N.W.2d 613 (1947) (" 'It is a well-settled rule that any statements and comme

2005Therefore, plaintiffs remedies sound in contract and, plaintiffs fraud claim is not barred by the holding of Nederlander. [Grace, supra, at 364-365.] Despite the fact that the Grace decision addressed the merits of the issue, defendant relies on McNally v Bd of Canvassers of Wayne Co, 316 Mich 551, 557 ; 25 NW2d 613 (1947), for the proposition that “[w]hat is said in an opinion by way of illustration only is of no binding authority as a decision.” The McNally Court noted that a decision is generally not precedent with regard to a point that was not sufficiently argued and presented to the cour

2005Obiter dicta are defined as “[statements and comments in an opinion concerning some rule of law or legal proposition not necessarily involved nor essential to determination of the case in hand . .. .” Hett v Duffy, 346 Mich 456, 461 ; 78 NW2d 284 (1956), overruled on other grounds Weller v Mancha, 353 Mich 189, 194 (1958).

1999See also Breckon v Franklin Fuel Co, 383 Mich 251, 267 ; 174 NW2d 836 (1970), overruled on other grounds Smith v Detroit, 388 Mich 637 ; 202 NW2d 300 (1972).

1999See also Breckon v Franklin Fuel Co, 383 Mich 251, 267 ; 174 NW2d 836 (1970), overruled on other grounds Smith v Detroit, 388 Mich 637 ; 202 NW2d 300 (1972).