| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1896 - 784 pages
...Howard, 31 Mich. 309, 312, that— " A man may not take contradictory positions, and, where he has a right to choose one of two modes of redress, and...him thereafter from going back and electing again." The plaintiff in that case sued the defendant in an action on the case to recover of him for having,... | |
| 1896 - 542 pages
...Howard, 31 Mich. 312, as follows: "A man may not take two contradictory positions, and where he has a right to choose one of two modes of redress, and...deliberate and settled choice of one, with knowledge, or means of knowledge, of such facts as would authorize a resort to each, will preclude him thereafter... | |
| 1875 - 842 pages
...contradictory positions, and where lie has a right to choose one of two modes of redress, and tintwo are so inconsistent that the assertion of one involves...knowledge, of such facts as would authorize a resort to either, will preclude him thereafter from going hack and electing again : Thompson v. Howard, SC Mich.... | |
| 1912 - 1262 pages
...[3] It is well settled that a man may not take contradictory positions, and where he has the choice of two modes of redress, and the two are so inconsistent that the assertion of the one involves the repudiation of the other, his deliberate choice of one, with knowledge of such... | |
| 1906 - 1122 pages
...Howard, 31 Mich. 309, 312, as follows : "A man may not take contradictory positions; and where be has a right to choose one of two modes of redress, and...him thereafter from going back and electing again." The same doctrine Is laid down In Bacon & Company v. Moody, 117 Ga. 207, 43 SE 482. For this reason... | |
| 1895 - 1088 pages
...may not take contradictory positions; and where he has a right to choose one of two modes of redrees, and the two are so inconsistent that the assertion...deliberate and settled choice of one, with knowledge or means of knowledge of such facts as would authorize a resort to each, will preclude him thereafter... | |
| 1899 - 1156 pages
...defeated in one, choose the other remedy. A party may not take contradictory positions; and where he has a right to choose one of two modes of redress, and...him thereafter from going back and electing again. Ые is not permitted to make a second election when he has once elected. Morris v. lîexford, 18 NY... | |
| William Albert Keener - 1893 - 508 pages
...to take contradictory positions. Its definition of a contradictory position is the use of remedies " so inconsistent that the assertion of one involves the negation or repudiation of the other. " Now a non-suit in trover would not prevent trespass, nor would a non-suit in account prevent debt.... | |
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