# Aikens v. Department of Conservation

> Michigan Court of Appeals · February 10, 1971 · 28 Mich. App. 181

URL: https://www.frixlaw.com/law-library/cases/9679199

## Case

- **Full name:** Aikens v. Department of Conservation
- **Court:** Michigan Court of Appeals
- **Decided:** February 10, 1971
- **Citations:** 28 Mich. App. 181; 384 Mich. 805; 184 N.W.2d 222; 1971 Mich. LEXIS 835
- **Precedential status:** Published
- **Opinion:** Dissent by McGregor
- **Judges:** McGregor, Bronson, Mahinske
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9679199

## Opinion text

McGregor, P. J.
(dissenting).
The pertinent facts are set forth in the majority opinion in this cause.
My dissent from the majority opinion is based on the language of the statute, MCLA § 308.14 (Stat Ann 1967 Rev § 13.1505(d)), which provides:
“(d) Perch, of a less length than 8 1/2 inches in the round and filleted perch of a less weight than 1 3/4 ounces; perch with heads and tails off of a less length than 5 1/2 inches;” (Emphasis added.)
It is my considered judgment that the legislature used the word “and”, and did not mean or intend “or”. Therefore, I would affirm the Court of Claims in the summary judgment in favor of the State of Michigan.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9679199. Public record. Not legal advice.