229 N.W. 476 | Mich. | 1930
Plaintiffs, copartners, doing business as the Oriental Cafe, in Detroit, sued defendant to recover damages, alleged to have been suffered by them by reason of defendant's alleged fraudulent conduct while employed by plaintiffs as a broker. The case was once dismissed for nonjoinder and misjoinder of parties plaintiff. The order of dismissal was reversed here with leave under the statute, section 12364, 3 Comp. Laws 1915, to amend. Poy v. Allan,
"By section 4, chap. 14, Act No. 314, Pub. Acts 1915 (3 Comp. Laws 1915, § 12456), demurrers, pleas in abatement, and pleas to the jurisdiction, are abolished and a motion to dismiss is substituted. In the recent case of Pagenkoff v. Insurance Co.,
At common law former adjudication could only be raised by a special plea in bar. (Bouvier's Law Dic. [3d Rev., 8th Ed.] title, Plea.) No plea in bar was filed herein. Special pleas in bar, in this State, were abolished by section 22, chap. 99, Rev. Stat. 1846, and defenses which before had to be raised by special plea in bar thereafter might be raised by notice under a plea of the general issue. Sections 23 and 24, chap. 99, Rev. Stat. 1846; sections 12462 to 12464, 3 Comp. Laws 1915; Circuit Court Rule No. 23; 1 *530
Green's Practice (3d Ed.), p. 506; 2 Abbott's Practice (2d Ed.), p. 1433; 1 Shinn's Practice, p. 704; Bryant v. Kenyon,
By notice, under a plea of the general issue, defendant raised the question of former adjudication. The gist of plaintiffs' cause of action, as alleged, is defendant's fraud in not procuring a lease from Boynton for plaintiffs, and in procuring it for himself and Malcomson. In Poy v. Allan,
WIEST, C.J., and BUTZEL, CLARK, SHARPE, NORTH, and FEAD, JJ., concurred. McDONALD, J., did not sit.