13 Michigan opinions name it 2 courts 1865–2023 3 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.
| Case | Followed | Cited |
|---|---|---|
Willett v. Waterford Charter Townshipgreen2 sentences2009See Willett v Waterford Charter Twp, 271 Mich App 38, 48 ; 718 NW2d 386 (2006). 2009See Willett v Waterford Charter Twp, 271 Mich App 38, 48 ; 718 NW2d 386 (2006). | 3 | 3 |
Papas v. Gaming Control Boardgreen2 sentences2023See Papas v Mich Gaming Control Bd, 257 Mich App 647, 658 ; 669 NW2d 326 (2003). 2023See Papas v Mich Gaming Control Bd, 257 Mich App 647, 658 ; 669 NW2d 326 (2003). | 1 | 1 |
Foster v. Stevensgreen2 sentences2022Appellants point to Foster’s discussion of a “superior rule”: [W]here one estate is given in one part of an instrument in clear and decisive terms, such estate cannot be taken away or cut down by raising a doubt upon the extent or meaning or application of a subsequent clause, nor by inference therefrom, nor by any subsequent words that are not as clear and decisive as the words of the clause giving that estate. [Foster, 146 Mich at 140 (emphasis added).] Thus, subsequent language should not override earlier clear language where the later language is not “clear, decisive, and unequivocal.” Id. 2022Appellants point to Foster’s discussion of a “superior rule”: [W]here one estate is given in one part of an instrument in clear and decisive terms, such estate cannot be taken away or cut down by raising a doubt upon the extent or meaning or application of a subsequent clause, nor by inference therefrom, nor by any subsequent words that are not as clear and decisive as the words of the clause giving that estate. [Foster, 146 Mich at 140 (emphasis added).] Thus, subsequent language should not override earlier clear language where the later language is not “clear, decisive, and unequivocal.” Id. | 1 | 1 |
People v. Breidenbachgreen1 sentence2014See Breidenbach, 489 Mich at 10 ; Mich Ed Ass’n, 489 Mich at 218; Henry, 484 Mich at 495 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brooks Williamson & Associates, Inc. v. Mayflower Construction Co.
green
1 sentence2022“The goal in interpreting court rules is to give effect to the rule maker’s intent as expressed in the court rule’s terms, giving the words of the rule their plain and ordinary meaning.” Id. (quotation marks, citation, and alteration omitted). | 1 | 2022–2022 |
Henry v. Dow Chemical Co.
green
1 sentence2014See Breidenbach, 489 Mich at 10 ; Mich Ed Ass’n, 489 Mich at 218; Henry, 484 Mich at 495 . | 1 | 2014–2014 |
Peterson v. Fertel
green
2 sentences2014If the language poses no ambiguity, this Court need not look outside the rule or construe it, but need only enforce the rule as written.” Peterson v Fertel, 283 Mich App 232, 235-236 ; 770 NW2d 47 (2009) (citations and quotation marks omitted). 2014If the language poses no ambiguity, this Court need not look outside the rule or construe it, but need only enforce the rule as written.” Peterson v Fertel, 283 Mich App 232, 235-236 ; 770 NW2d 47 (2009) (citations and quotation marks omitted). | 1 | 2014–2014 |
People v. Knoll
green
2 sentences1974In the case of People v Knoll, 258 Mich 89, 101 ; 242 NW 222 (1932), it is stated: *353 "Many of the trial judges believe that they may more satisfactorily perform the duty thus imposed on them by giving such instructions in their own language rather than by reading to the jury those submitted to them in the form of requests. 1974In the case of People v Knoll, 258 Mich 89, 101 ; 242 NW 222 (1932), it is stated: *353 "Many of the trial judges believe that they may more satisfactorily perform the duty thus imposed on them by giving such instructions in their own language rather than by reading to the jury those submitted to them in the form of requests. | 1 | 1974–1974 |
Sant v. Continental Life Insurance
neutral
2 sentences1932Co. , 49 Idaho, 691 , 694 ( 291 P. 1072 ), insured had also a limited policy issued to readers of newspapers. 1932Co. , 49 Idaho, 691 , 694 ( 291 P. 1072 ), insured had also a limited policy issued to readers of newspapers. | 1 | 1932–1932 |
Kimbrough v. National Protective Insurance
neutral
1 sentence1932Ass'n (Mo.App.), 35 S.W.2d 654 , where plaintiff brought suit on an indemnity policy on account of injuries sustained as a result of an automobile collision, and the wording of the policy was somewhat similar to the hereinbefore quoted clause, the court said: "Examining the words of this clause as they are written and giving them the meaning that would be attributed to them by one of ordinary understanding, we may reasonably say that the insured would be led to believe that he purchased indemnity against injury arising from an automobile collision while riding in a car, or during the time of a | 1 | 1932–1932 |
Saginaw Milling Co. v. Schram
neutral
1 sentence1923“We are bound, therefore, to construe the language under consideration by the aid of this extrinsic evidence.” See Saginaw Milling Co. v. Schram, 186 Mich. 52 ; Mullreed v. Thumb, 116 Mich. 444 . | 1 | 1923–1923 |
Smith T. v. Bell
green
1 sentence1898We think, however, the true rule is as stated by Chief Justice Marshall in Smith v. Bell, 6 Pet. 68 , where the will disclosed a bequest to the wife which, standing alone, would give the estate to her absolutely, but other words in the will indicated that the testator intended to place limitations upon the legacy, to the wife. | 1 | 1898–1898 |
Nye v. Van Husan
neutral
1 sentence1865The first point has already been settled by the decision of this court in Nye v. Van Husan, 6 Mich. 329 , where a similar clause was held not to give the power to sell on credit. | 1 | 1865–1865 |
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.