Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

04/05/76 WEISSWASSER v. CHERNICK

April 5, 1976

WEISSWASSER
v.
CHERNICK



Appeal from Oakland, Robert L. Templin, J.

Leave to appeal applied for.

Bashara, P. J., and N. J. Kaufman and D. F. Walsh, JJ.

SYLLABUS BY THE COURT

1. Trespass -- Treble Damages -- Non-consent -- Burden of Proof -- Statutes.

A plaintiff in a statutory action for treble damages for trespass has the initial burden of showing non-consent (MCLA 600.2919; MSA 27A.2919).

2. Trespass -- Consent -- Affirmative Defense.

Consent is an affirmative defense to common law trespass.

3. Trespass -- Tenants in Common -- Non-consent -- Statutes.

Each tenant in common, in a statutory trespass action brought by the owners as tenants in common of a tract of land, must submit evidence of his or her non-consent (MCLA 600.2919; MSA 27A.2919).

4. Tenancy in Common -- Principal and Agent -- Express Authority.

A tenant in common cannot make representations for the other tenants in common unless he has obtained express authority.

5. Costs -- Discovery -- Request for Admissions -- Refusal to Admit -- Reasonable Expenses -- Attorney Fees -- Court Rules.

A party may obtain the reasonable expenses including reasonable attorney's fees of proving facts which an opposing party has wrongfully ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.