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312 Mich. 561

20 N.W.2d 296

Plasger v. Leonard

Michigan Supreme Court

Decided October 8, 1945

Michigan Supreme Court · decided 1945-10-08

Cited by 2 later decisions — most recently December 1946

2 state decisions

Key passage — most relied on by later courts

““The case is remanded for the purpose of the circuit court passing upon the question whether the discharge of an earlier mortgage given on or about December 1, 1933, by defendants Leonard to plaintiffs should be set aside, and if so set aside whether a decree of foreclosure of said earlier mortgage should be entered as asked for by plaintiffs (cross-defendants) in their reply to defendants’ answer and in their answer to defendants’ (cross-plaintiffs ’) cross bill. Amended pleadings may be filed by tbe parties so as to more definitely present these issues not passed upon by the trial judge or-decided on this appeal.””

quoted by 1 later decision, including Plasger v. Leonard

Good law ✅— No negative treatment on recordhow we know

Decided 1945-10-08

View the full empirical analysis of this case →

¶1 On Application por Rehearing.

Per Curiam.

¶2 The petition for rehearing in the above-entitled cause is denied, but the case is remanded for the purpose of the circuit court passing upon the question whether the discharge of an earlier mortgage given on or about December 1, 1933, by defendants Leonard to plaintiffs should be set aside, and if so set aside whether a decree of foreclosure of said earlier mortgage should be entered as asked for by plaintiffs (cross-defendants) in their reply to defendants’ answer and in their answer to defendants’ (cross-plaintiffs’) cross bill. Amended pleadings may be filed by the parties so as to more definitely present these issues not passed upon by the trial judge or decided on this appeal.

Starr, C. J., and North, Butzel, Bushnell, Sharpe, Boyles, and Reid, JJ., concurred. The late Justice Wiest took no part in the decision on this application for rehearing.
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