Glass v. Dudley Paper Co.
| Decision Date | 28 December 1961 |
| Docket Number | 36,Nos. 35,s. 35 |
| Parties | William GLASS, Plaintiff and Appellant, v. DUDLEY PAPER COMPANY, a Michigan corporation, Lamb Glass Company, an Ohio corporation, and State Board of Agriculture, a public board, Defendants and Appellees (two cases). |
| Court | Michigan Supreme Court |
Sinas, Dramis, Brake & Werbelow, Lansing, for plaintiffs and appellants.
Anderson, Carr & Street, Lansing, for defendant and appellee Board of Trustees of Michigan State University of Agriculture and Applied Science.
Before the Entire Bench, except CARR and SMITH, JJ.
Plaintiffs, husband and wife, sued in the Ingham County Circuit Court for damages resulting from injuries allegedly sustained by the wife when a glass milk container, purchased from defendant State board, crumbled in her hand. Defendant board moved to dismiss as to it on the ground of lack of jurisdiction in that court, contending that it reposes exclusively in the court of claims. The motion was granted. Plaintiffs appeal.
The question presented is a jurisdictional one. Michigan Constitution of 1908, art. 11, § 8, provides that the defendant, the State board of agriculture, now known as 'The Board of Trustees of Michigan State University of Agriculture and Applied Science', 'shall have the general supervision of the college, and the direction and control of all agricultural college funds'. With respect to this and the like constitutional provision relating to the University of Michigan*, this Court has held that they have invested the governing bodies of the two universities with the entire control and management of the affairs and property of these institutions, to the exclusion of all other departments of the State government from any interference therewith. Weinberg v. Regents of University, 97 Mich. 246, 56 N.W. 605; Agler v. Michigan Agricultural College, 181 Mich. 559, 148 N.W. 341. For discussion of point, see also Peters v. Michigan State College, 320 Mich. 243, 30 N.W.2d 854.
It is on the above basis that plaintiffs contend that the legislature could not include the defendant board within the exclusive jurisdiction of the court of claims because this would represent an invasion by the legislature of the board's exclusive right of control of the affairs and property of the university.
It is to be noted that the mentioned constitutional article 11, § 8, in no wise empowers the board to create courts or to confer upon or withhold jurisdiction from any court. On the contrary, art. 7, § 1, after establishing certain courts, provides for 'such other courts of civil and criminal jurisdiction, inferior to the supreme court, as the legislature may establish by general law.' That expressly conferred power the legislature exercised in creating the court of claims by the enactment of P.A.1939, No. 135 (C.L.1948, § 691.101 et seq. [Stat.Ann. § 27.3548(1) et seq.]). By that act the legislature conferred exclusive jurisdiction upon the court of...
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Booth Newspapers, Inc. v. University of Michigan Bd. of Regents
...However, the Legislature may not violate the constitution in pursuit of its own designated "public policy."17 Glass v. Dudley Paper Co., 365 Mich. 227, 112 N.W.2d 489 (1961) (holding that the specific constitutional authority of the Legislature to create courts and define their jurisdiction......
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Coalition to Defend Affirmative Action, Integration & Immigrant Rights & Fight for Equal. by any Means Necessary(Bamn) v. Regents of the Univ. of Mich.
...have the same role: to run, with plenary authority, their respective institutions. Id.art. VIII, §§ 5– 6; Glass v. Dudley Paper Co., 365 Mich. 227, 112 N.W.2d 489, 490 (1961). Michigan law has consistently confirmed this absolute authority. See, e.g., Glass, 112 N.W.2d at 490;Att'y Gen. ex ......
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Coal. To Defend Affirmative Action v. Regents of The Univ. of Mich.
...so on—but the same role: to run, with plenary authority, their respective institution. Id. art. VIII, §§ 5–6; Glass v. Dudley Paper Co., 365 Mich. 227, 112 N.W.2d 489, 490 (1961). Michigan law has confirmed this absolute authority again and again. See, e.g., Glass, 112 N.W.2d at 490; Attorn......
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Federated Publications, Inc. v. Board of Trustees of Michigan State University, Docket No. 177264
...arguments to have some persuasive weight, I ultimately disagree. In support of their argument, plaintiff cites Glass v. Dudley Paper Co., 365 Mich. 227, 112 N.W.2d 489 (1961), which held that the Court of Claims Act could be applied to claims against public universities because universities......