Creasey v. St. George's Society

34 Mich. 51, 1876 Mich. LEXIS 104

Opinion

Marston, J:

The proceedings in this cause were somewhat irregular. The decree was premature. The 'demurrer haying been overruled, the defendant should have had leave to answer; failing in this, then a final decree might have been granted.

The decree is also objectionable in that it is too broad and not warranted by the bill, which is uncertain and indefinite. A demurrer to the bill for uncertainty would have been sustained. It is very evident that as the case now stands no proper relief can be granted;

The decree must be reversed, with costs, and the record remanded for further proceedings.

The other Justices concurred.