Motyka v. Detroit, Grand Haven & Milwaukee Railway Co.
Cases that cite this one
11 later published cases cite this decision.
- Matich v. Modern Research Corp. (Mich. 1988)
- Old Orchard by the Bay Associates v. Hamilton Mutual Insurance (Mich. 1990)
- Denham v. Bedford (Mich. 1980)
- Schwartz v. Piper Aircraft Corp. (Mich. Ct. App. 1979)
- Dittus v. Geyman (Mich. Ct. App. 1976)
- Department of Civil Rights v. Horizon Tube Fabricating, Inc (Mich. Ct. App. 1986)
- Osinski v. Detroit Automobile Inter-Insurance Exchange (Mich. Ct. App. 1976)
- Banoski v. Moto-Crane Service, Inc. (Mich. Ct. App. 1971)
- Continental Casualty Co. v. Great American Insurance (District Court, N.D. Illinois 1989)
- Militzer v. Kal-Die Casting Corp. (Mich. Ct. App. 1972)
- Swift v. Dodson (Mich. Ct. App. 1967)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In tort actions plkintiffs, upon trial by jury, had verdicts, but the court entered judgments non obstante veredicto for defendants. Upon review we reversed the judgments (Motyka v. Railway Co., 253 Mich. 647, 256 Mich. 417) and ordered judgments in the circuit court to be entered on the verdicts.
*398 Reconsideration of the allowance of interest upon the verdicts is moved.
“At common law interest was as a rule not allowed on judgments.” 15 R. O. L. p. 15.
Interest upon verdicts and judgments is purely statutory, and, being in derogation of the common law, cannot be extended beyond stated statutory regulation. Straus v. Elless Co., 245 Mich. 558. The statute, 3 Comp. Laws 1929, § 14555, awards interest upon judgments in tort actions “from the time of entry of the same.” In actions founded on contracts, in certain specified instances, interest upon verdicts may be included in judgments. 2 Comp. Laws 1929, § 9238.
Entry of judgment means the ministerial act of the clerk in recording it in the permanent records of the court.
The circuit court is now directed to enter judgments on the verdicts, and, from the time of such entry, the interest will commence to run and not before.
No costs.
to clerical or ministerial nature of entry of judgment, see annotation in 10 A. L. R. 588.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.