Wingert v. Circuit Judge

Michigan Supreme Court

Wingert v. Circuit Judge

1 McGrath 518, 101 McGrath 395

CourtMichigan Supreme Court

DecidedJuly 5, 1894

DocketNo. 14254

StatusPublished

This text of 1 McGrath 518 (Wingert 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

Wingert v. Circuit Judge, 1 McGrath 518, 101 McGrath 395 (Mich. 1894).

Pincite

Opinion

To compel respondent to permit relator to file an amended declaration, where the cause of action arose in Canada, and the amendment counted upon the Canadian statute, which provides that the action must be commenced within twelve months after the death, and when the amendment was proposed, the twelve months had expired.

Denied July 5, 1894, with costs.

Held, that the statute of limitations could not be evaded under the guise of an amendment to the declaration.

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To compel respondent to permit relator to file an amended declaration, where the cause of action arose in Canada, and the amendment counted upon the Canadian statute, which provides that the action must be commenced within twelve months after the death, and when the amendment was proposed, the twelve months had expired.

Denied July 5, 1894, with costs.

Held, that the statute of limitations could not be evaded under the guise of an amendment to the declaration.

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Bluebook (online)

1 McGrath 518, 101 McGrath 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wingert-v-circuit-judge-mich-1894.