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

11 Michigan opinions name it 2 courts 1890–2022 1 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 (1)

CaseFollowedCited
Dolbeare v. Dolbearegreen
conn · 1938 · cited in 1 Michigan opinions naming this issue, 1976–1976
2 sentences

1976In Dolbeare v Dolbeare, 124 Conn 286, 289-290 [199 A 555], 117 ALR 687 (1938), the court stated that: " 'As a definite rule of construction it now has arrayed against it such outstanding jurists as Justices Holmes and Cardozo; Dexter v Inches, 147 Mass 324, *655 325, 17 NE 551 [1888]; Matter of Farmers Loan and Trust Co, 213 NY 168, 172 , 107 NE 340 , 2 ALR 910 [1914].

1976In Dolbeare v Dolbeare, 124 Conn 286, 289-290 [199 A 555], 117 ALR 687 (1938), the court stated that: " 'As a definite rule of construction it now has arrayed against it such outstanding jurists as Justices Holmes and Cardozo; Dexter v Inches, 147 Mass 324, *655 325, 17 NE 551 [1888]; Matter of Farmers Loan and Trust Co, 213 NY 168, 172 , 107 NE 340 , 2 ALR 910 [1914].

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 (16)

CaseCitedYears
People v. Carlisle green
mich · 1972
2 sentences

2022But the Court later retreated from such a definite requirement of direct questioning in People v Carlisle, 387 Mich 269 ; 195 NW2d 851 (1972): We reaffirm our holding in Barrows.

2022But the Court later retreated from such a definite requirement of direct questioning in People v Carlisle, 387 Mich 269 ; 195 NW2d 851 (1972): We reaffirm our holding in Barrows.

12022–2022
State v. Latimer green
kanctapp · 1984
1 sentence

2000As in Latimer , the plain language of MCL 750.479; MSA 28.747 “conveys a definite warning that the knowing obstruction of a law enforcement officer in the performance of his legal duties by any means is a criminal offense.” Id. (emphasis added).

12000–2000
Dexter v. Inches green
nc · 1888
1 sentence

1976In Dolbeare v Dolbeare, 124 Conn 286, 289-290 [199 A 555], 117 ALR 687 (1938), the court stated that: " 'As a definite rule of construction it now has arrayed against it such outstanding jurists as Justices Holmes and Cardozo; Dexter v Inches, 147 Mass 324, *655 325, 17 NE 551 [1888]; Matter of Farmers Loan and Trust Co, 213 NY 168, 172 , 107 NE 340 , 2 ALR 910 [1914].

11976–1976
In Re the Accounting of the Farmers' Loan & Trust Co. green
ny · 1914
2 sentences

1976In Dolbeare v Dolbeare, 124 Conn 286, 289-290 [199 A 555], 117 ALR 687 (1938), the court stated that: " 'As a definite rule of construction it now has arrayed against it such outstanding jurists as Justices Holmes and Cardozo; Dexter v Inches, 147 Mass 324, *655 325, 17 NE 551 [1888]; Matter of Farmers Loan and Trust Co, 213 NY 168, 172 , 107 NE 340 , 2 ALR 910 [1914].

1976In Dolbeare v Dolbeare, 124 Conn 286, 289-290 [199 A 555], 117 ALR 687 (1938), the court stated that: " 'As a definite rule of construction it now has arrayed against it such outstanding jurists as Justices Holmes and Cardozo; Dexter v Inches, 147 Mass 324, *655 325, 17 NE 551 [1888]; Matter of Farmers Loan and Trust Co, 213 NY 168, 172 , 107 NE 340 , 2 ALR 910 [1914].

11976–1976
In re the Estate of Travaglione neutral
nysurct · 1962
2 sentences

1975In Matter of Travaglione, 36 Misc 2d 645 ; 232 NYS2d 961 (1962), it held the employer’s lien was to take precedence over the widow’s exemption, and that such lien might be satisfied from proceeds recovered and allocable to conscious pain and suffering of decedent.

1975In Matter of Travaglione, 36 Misc 2d 645 ; 232 NYS2d 961 (1962), it held the employer’s lien was to take precedence over the widow’s exemption, and that such lien might be satisfied from proceeds recovered and allocable to conscious pain and suffering of decedent.

11975–1975
Hughes v. City of Detroit red
mich · 1922
2 sentences

1975In Hughes v City of Detroit, 217 Mich 567 ; 187 NW 530 (1922), we said: " 'A capricious abuse of that discretion, as tested by the standards so set, would be subject to review.’ ” Section 5-4-5 of the Detroit City Code provides sufficient standards to uphold the revocation of a license; therefore, the trial court erred by ruling that a more definite standard was required in order to uphold the ordinance.

1975In Hughes v City of Detroit, 217 Mich 567 ; 187 NW 530 (1922), we said: " 'A capricious abuse of that discretion, as tested by the standards so set, would be subject to review.’ ” Section 5-4-5 of the Detroit City Code provides sufficient standards to uphold the revocation of a license; therefore, the trial court erred by ruling that a more definite standard was required in order to uphold the ordinance.

11975–1975
Ackerberg v. Muskegon Osteopathic Hospital green
mich · 1962
2 sentences

1969In Ackerberg v. Muskegon Osteopathic Hospital (1962), 366 Mich 596 , the Michigan Supreme Court declared that it was a jury question whether a hospital *717 was negligent in failing to construct a guard rail on its emergency entrance platform.

1969In Ackerberg v. Muskegon Osteopathic Hospital (1962), 366 Mich 596 , the Michigan Supreme Court declared that it was a jury question whether a hos pital was negligent in failing to construct a guard rail on its emergency entrance platform.

11969–1969
Barefield v. La Salle Coca-Cola Bottling Co. green
mich · 1963
1 sentence

1965Agreeing as all of our recent decisions do with the developing weight of authority, the essence of *98 which ia that the manufacturer is best able to control dangers arising from defects of manufacture, I would say definitely that Spence v. Three Rivers Builders & Masonry Supply, Inc., 353 Mich 120 ; 2 Manzoni v. Detroit Coca-Cola Bottling Co., 363 Mich 235 ; Barefield v. LaSalle Coca-Cola Bottling Co., 370 Mich 1 , and Hill v. Harbor Steel & Supply Corp., 374 Mich 194 , have put an end in Michigan to the defense of no privity, certainly so far as concerns an innocent bystander injured as this

11965–1965
Manzoni v. Detroit Coca-Cola Bottling Co. green
mich · 1961
1 sentence

1965Agreeing as all of our recent decisions do with the developing weight of authority, the essence of *98 which ia that the manufacturer is best able to control dangers arising from defects of manufacture, I would say definitely that Spence v. Three Rivers Builders & Masonry Supply, Inc., 353 Mich 120 ; 2 Manzoni v. Detroit Coca-Cola Bottling Co., 363 Mich 235 ; Barefield v. LaSalle Coca-Cola Bottling Co., 370 Mich 1 , and Hill v. Harbor Steel & Supply Corp., 374 Mich 194 , have put an end in Michigan to the defense of no privity, certainly so far as concerns an innocent bystander injured as this

11965–1965
Spence v. Three Rivers Builders & Masonry Supply, Inc. green
mich · 1958
1 sentence

1965Agreeing as all of our recent decisions do with the developing weight of authority, the essence of *98 which ia that the manufacturer is best able to control dangers arising from defects of manufacture, I would say definitely that Spence v. Three Rivers Builders & Masonry Supply, Inc., 353 Mich 120 ; 2 Manzoni v. Detroit Coca-Cola Bottling Co., 363 Mich 235 ; Barefield v. LaSalle Coca-Cola Bottling Co., 370 Mich 1 , and Hill v. Harbor Steel & Supply Corp., 374 Mich 194 , have put an end in Michigan to the defense of no privity, certainly so far as concerns an innocent bystander injured as this

11965–1965
Hill v. Harbor Steel & Supply Corp. green
mich · 1965
1 sentence

1965Agreeing as all of our recent decisions do with the developing weight of authority, the essence of *98 which ia that the manufacturer is best able to control dangers arising from defects of manufacture, I would say definitely that Spence v. Three Rivers Builders & Masonry Supply, Inc., 353 Mich 120 ; 2 Manzoni v. Detroit Coca-Cola Bottling Co., 363 Mich 235 ; Barefield v. LaSalle Coca-Cola Bottling Co., 370 Mich 1 , and Hill v. Harbor Steel & Supply Corp., 374 Mich 194 , have put an end in Michigan to the defense of no privity, certainly so far as concerns an innocent bystander injured as this

11965–1965
In Re Lewandowski's Estate green
mich · 1926
1 sentence

1936In re Lewandowski’s Estate, 236 Mich. 136 ; In re Dwyer’s Estate, 251 Mich. 346 .

11936–1936
In Re Dwyer's Estate neutral
mich · 1930
1 sentence

1936In re Lewandowski’s Estate, 236 Mich. 136 ; In re Dwyer’s Estate, 251 Mich. 346 .

11936–1936
Schroeder v. State green
wis · 1933
2 sentences

1936Schroeder v. State of Wisconsin, 210 Wis. 366 ( 244 N. W. 599 , 250 N. W. 185 , 87 A. L.

1936Schroeder v. State of Wisconsin, 210 Wis. 366 ( 244 N. W. 599 , 250 N. W. 185 , 87 A. L.

11936–1936
Widman v. Murray Corp. of America neutral
mich · 1929
1 sentence

1931Widman v. Murray Corp. of America, 245 Mich. 332 .

11931–1931
Harrison v. Metz green
mich · 1868
1 sentence

1890The statute construed in Harrison v. Metz, 17 Mich. 377 , was as positive in its language as the enacting clause of the one under consideration, and this Court held it to be prospective only.

11890–1890

Where else courts name it

OH 128 (1930–2026) MA 62 (1950–2026) FL 50 (1943–2024) CA 31 (1907–2024) TX 29 (1916–2023) NY 25 (1881–2011) PA 20 (1900–2022) MO 19 (1903–1992) MN 18 (1895–2018) NJ 12 (1941–2024) MD 12 (1906–2004) IL 11 (1922–1994) GA 11 (1904–2014) MI 11 (1890–2022) CT 10 (1923–2000) IA 10 (1917–2021) LA 10 (1925–1982) IN 9 (1898–2003) WI 9 (1899–2021) AL 8 (1891–2007) AR 8 (1907–2009) AZ 8 (1938–2022) CO 8 (1914–2020) VA 7 (1928–2023) VT 7 (1899–2026) MT 6 (1909–1992) SD 6 (1894–2018) DE 6 (1953–2024) OK 6 (1930–1961) WA 5 (1937–2017) KY 5 (1911–1983) MS 5 (1930–2015) NE 5 (1933–2001) NM 4 (1938–1980) OR 4 (1943–1984) WY 4 (1908–1997) ID 4 (1924–2008) WV 3 (1918–1966) TN 3 (1940–1947) HI 2 (1934–1988) SC 2 (1964–2019) NV 2 (1949–2014) AK 2 (1972–2006) NC 2 (1907–1914) KS 2 (1897–1957)

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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