terms exception (Michigan) · Go Syfert
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terms exception in Michigan

10 Michigan opinions name it 2 courts 1896–2024 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 (6)

CaseFollowedCited
AFT Michigan v. Michigangreen
michctapp · 2014 · cited in 1 Michigan opinions naming this issue, 2016–2016
1 sentence

2016See AFT Michigan, 303 Mich App at 660 .

11
Peterson v. Fertelgreen
michctapp · 2009 · cited in 1 Michigan opinions naming this issue, 2015–2015
2 sentences

2015See Peterson v Fertel, 283 Mich App 232, 235-236 ; 770 NW2d 47 (2009).

2015See Peterson v Fertel, 283 Mich App 232, 235-236 ; 770 NW2d 47 (2009).

11
People v. Reagangreen
mich · 1975 · cited in 1 Michigan opinions naming this issue, 1999–1999
2 sentences

1999Although we recognize that a prosecutor and a witness might agree to supplement the basic statutory immunity with additional provisions and conditions, People v. Reagan, 395 Mich. 306, 318 , 235 N.W.2d 581 (1975), in this case we are not faced with that situation, but are referred back to the statute, because the circumstances indicate clearly that immunity was granted only pursuant to M.C.L. § 767.6; MSA 28.946.

1999Although we recognize that a prosecutor and a witness might agree to supplement the basic statutory immunity with additional provisions and conditions, People v. Reagan, 395 Mich. 306, 318 , 235 N.W.2d 581 (1975), in this case we are not faced with that situation, but are referred back to the statute, because the circumstances indicate clearly that immunity was granted only pursuant to M.C.L. § 767.6; MSA 28.946.

11
Jordan v. Department of Correctionsgreen
michctapp · 1987 · cited in 1 Michigan opinions naming this issue, 1993–1993
1 sentence

1993See also Jordan, supra at 29 (holding that a policy directive was invalid because it affected "the rights of the public, and changed, rather than merely explained, the terms of the rule it purported to interpret”); Schinzel, supra at 220-221 (holding a rule invalid because it altered the statutory definition of the authority on which it was based).

11
Schinzel v. Department of Correctionsgreen
michctapp · 1983 · cited in 1 Michigan opinions naming this issue, 1993–1993
1 sentence

1993See also Jordan, supra at 29 (holding that a policy directive was invalid because it affected "the rights of the public, and changed, rather than merely explained, the terms of the rule it purported to interpret”); Schinzel, supra at 220-221 (holding a rule invalid because it altered the statutory definition of the authority on which it was based).

11
Detroit Base Coalition for the Human Rights of the Handicapped v. Department of Social Servicesgreen
mich · 1988 · cited in 1 Michigan opinions naming this issue, 1993–1993
1 sentence

1993In Coalition for Human Rights, supra at 188-189, this Court held that an administrative policy directive that was "binding and affect[ed] the rights of the public” was an invalidly promulgated rule: The new procedures are not merely mechanical details for the conduct of hearings, but, rather, represent substantial changes in the detailed requirements for the conduct of fair hearings to determine claimants’ rights under the Social Welfare Act and applicable federal law. . . .

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 (7)

CaseCitedYears
Bishopp v. Lane neutral
mich · 1893
2 sentences

1902In the case of Maynard v. Eaton Circuit Judge, 108 Mich. 202 ( 65 N. W. 760 ), cited in support of respondent’s action, it was said: “We held in Bishopp v. Hillsdale Circuit Judge, 94 Mich. 461 ( 53 N. W. 1093 ), that a druggist might properly be informed against under this section for selling liquor, if the information negatived the terms of the exception.

1902In the case of Maynard v. Eaton Circuit Judge, 108 Mich. 202 ( 65 N. W. 760 ), cited in support of respondent’s action, it was said: “We held in Bishopp v. Hillsdale Circuit Judge, 94 Mich. 461 ( 53 N. W. 1093 ), that a druggist might properly be informed against under this section for selling liquor, if the information negatived the terms of the exception.

21896–1902
United States v. Mottaz green
scotus · 1986
2 sentences

2024“When the United States consents to be sued, the terms of its waiver of sovereign immunity define the extent of the court’s jurisdiction.” United States v Mottaz, 476 US 834, 841 ; 106 S Ct 2224 ; 90 L Ed 2d 841 (1986).

2024“When the United States consents to be sued, the terms of its waiver of sovereign immunity define the extent of the court’s jurisdiction.” United States v Mottaz, 476 US 834, 841 ; 106 S Ct 2224 ; 90 L Ed 2d 841 (1986).

12024–2024
Rhode Island v. Innis green
scotus · 1980
1 sentence

2011Innis, 446 US at 302 .

12011–2011
William S. Merrell Chemical Co. v. Root neutral
nynyccityct · 1915
1 sentence

1921It is no straining of language to hold that the term ‘person to whom the instrument is presented for payment’ includes a person to whom the instrument would have to be presented if he had not both as maker and as indorser waived such presentment.” Substantially the same question arose in William S. Merrill Chemical Co. v. Root, 152 N. Y.

11921–1921
Westinghouse Electric & Manufacturing Co. v. Hodge green
moctapp · 1914
1 sentence

1921Co. v. Hodge, 181 Mo. App. 282 ( 167 S. W. 1186 ). 2.

11921–1921
Slocovich v. Orient Mutual Insurance green
ny · 1888
2 sentences

1903“The general rule is well expressed by Earl, J., in Slocovich v. Insurance Company, 108 N. Y. 56 ( 14 N. E. 802 ): “ ‘Where there is an. insurance against a loss by fire, and it is proved or admitted that the property insured has been destroyed by fire, the loss is brought literally and exactly within the terms of the policy.

1903“The general rule is well expressed by Earl, J., in Slocovich v. Insurance Company, 108 N. Y. 56 ( 14 N. E. 802 ): “ ‘Where there is an. insurance against a loss by fire, and it is proved or admitted that the property insured has been destroyed by fire, the loss is brought literally and exactly within the terms of the policy.

11903–1903
Maynard v. Circuit Judge neutral
mich · 1896
1 sentence

1902In the case of Maynard v. Eaton Circuit Judge, 108 Mich. 202 ( 65 N. W. 760 ), cited in support of respondent’s action, it was said: “We held in Bishopp v. Hillsdale Circuit Judge, 94 Mich. 461 ( 53 N. W. 1093 ), that a druggist might properly be informed against under this section for selling liquor, if the information negatived the terms of the exception.

11902–1902

Where else courts name it

TX 107 (1890–2025) CA 78 (1863–2026) PA 76 (1891–2025) IL 60 (1883–2026) NY 54 (1851–2026) NJ 36 (1903–2026) FL 23 (1957–2026) OR 22 (1923–2022) MA 20 (1921–2025) MO 19 (1887–2012) WI 19 (1950–2024) TN 19 (1985–2025) AL 17 (1867–2013) OH 17 (1871–2025) IA 15 (1915–2025) CO 14 (1899–2009) WA 14 (1925–2017) UT 14 (1997–2024) MD 13 (1871–2023) CT 13 (1921–2024) LA 13 (1929–2026) NC 13 (1892–2019) NE 11 (1927–2014) AZ 11 (1917–2020) MI 10 (1896–2024) KY 9 (1935–2024) VA 8 (1900–2023) SC 7 (1935–2025) MN 7 (1878–2024) GA 7 (1907–2007) NV 7 (1909–2013) IN 7 (1892–1999) HI 7 (1915–2024) SD 6 (1934–2016) ID 6 (1989–2017) DC 6 (1987–2024) WV 5 (1911–2016) VT 5 (1856–1925) NM 5 (1963–2014) MS 5 (1994–2014) AK 5 (1981–2021) RI 5 (1981–2006) ME 5 (1943–2002) KS 5 (1911–1994) ND 4 (1901–2005) AR 3 (1978–1994) OK 3 (1913–1960) MT 3 (1922–1944) WY 3 (1927–2023) DE 3 (1971–2024) NH 2 (1860–2025)

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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