¶1 (dissenting in part). I am of the opinion that the decree should be modified by striking *31 therefrom the provision awarding' plaintiff “a one-half interest in any and all other property and rights held and owned by defendant and which remain undisclosed upon this hearing.” Such an opening for future litigation was not justified by defendant’s failure to take the witness stand. It was for plaintiff to show what property the defendant had and it was the duty of the court to limit an award to disclosed facts.
291 Mich. 18
288 N.W 860
Westgate v. Westgate
Decided November 9, 1939
Michigan Supreme Court · decided 1939-11-09
Good law ✅— No negative treatment on recordhow we know
Decided 1939-11-09
How this case has been cited
Cited by 23 later decisions — most recently January 2011
22 state decisions
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