MOLINARO v. DRIVER, 366 Mich. 405 (1962)

115 N.W.2d 125

MOLINARO v. DRIVER.

Docket No. 17, Calendar No. 49,104.Supreme Court of Michigan.
Decided May 17, 1962.

Appeal from Wayne; Gilmore (Horace W.), J. Submitted January 3, 1962. (Docket No. 17, Calendar No. 49,104.) Decided May 17, 1962.

Page 406

From an order denying petition to set aside declaratory decree and for rehearing, defendants, various officials of the City of Allen Park, appeal. Affirmed.

Arthur C. Lumley and Joseph J. Bileti, for plaintiffs.

Donald F. Welday, for defendants.

DETHMERS, J.

For the facts, see our opinion in this same case reported in 364 Mich. 341. Defendant Driver was represented by an attorney who took an appeal forthwith to this Court from the lower court’s decree for plaintiffs. The other defendants, appellants here now, were represented by another attorney who, after entry of the adverse decree, first moved for a rehearing, which was denied, and this, their appeal therefrom, then followed. Thus, appeal in effect from 1 decree in 1 case involving multiple defendants, became 2 appeals in this Court.

Our opinion and decision in the Driver appeal, 364 Mich. 341, is controlling, requiring that the decree below be and it is affirmed, without costs.

CARR, C.J., and KELLY, BLACK, KAVANAGH, SOURIS, OTIS M. SMITH, and ADAMS, JJ., concurred.

Page 407