Abbot v. Circuit Judge

Michigan Supreme Court

Abbot v. Circuit Judge

1 McGrath 503, 55 McGrath 410

DecidedJanuary 6, 1885

StatusPublished

This text of 1 McGrath 503 (Abbot v. Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abbot v. Circuit Judge, 1 McGrath 503, 55 McGrath 410 (Mich. 1885).

Pincite

Opinion

To vacate an order allowing an amendment to a declaration on the bond of a residuary legatee.

Denied January 6, 1885.

'The original declaration- alleged as a breach the failure to pay a claim which had been allowed in plaintiff’s favor by the probate judge. The amended nan- alleged, as the breach, the failure to pay a note (more than six years then overdue) held by plaintiff, and which constituted the claim which had been allowed.

Held, that the amendment did not introduce a new cause of action.

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To vacate an order allowing an amendment to a declaration on the bond of a residuary legatee.

Denied January 6, 1885.

'The original declaration- alleged as a breach the failure to pay a claim which had been allowed in plaintiff’s favor by the probate judge. The amended nan- alleged, as the breach, the failure to pay a note (more than six years then overdue) held by plaintiff, and which constituted the claim which had been allowed.

Held, that the amendment did not introduce a new cause of action.

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Bluebook (online)

1 McGrath 503, 55 McGrath 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abbot-v-circuit-judge-mich-1885.