Daschke v. Schellenberg

Michigan Supreme Court

Daschke v. Schellenberg

82 N.W. 665, 124 Mich. 16, 1900 Mich. LEXIS 457

CourtMichigan Supreme Court

DecidedMay 2, 1900

StatusPublished

Cited by2 cases

This text of 82 N.W. 665 (Daschke v. Schellenberg) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Daschke v. Schellenberg, 82 N.W. 665, 124 Mich. 16, 1900 Mich. LEXIS 457 (Mich. 1900).

Pincite

Opinion

Per Curiam.

A motion is made to dismiss an appeal from an order overruling a demurrer in chancery. Two grounds are urged:

1. That the order was not an appealable one.

2. That no bond was given.

The statute authorizes an appeal from an order overruling a general demurrer. 1 Comp. Laws 1897, § 549. The rule requiring a specification of cause in all demurrers does not abrogate or enlarge this statute. Appeals may still be taken from an order overruling a demurrer which prior to the rule might have been general. Greenley v. [17]*17Hovey, 115 Mich. 504 (73 N. W. 808); Robinson v. Kunkleman, 117 Mich. 193 (75 N. W. 451). The ground of demurrer assigned is that the bill was not sworn to. This might have been ground for a general demurrer prior to the adoption of the present rule. 1 Daniell, Ch. Prac. (6th Am. Ed.) 587; 6 Enc. Pl. & Prac. 410.

By an amendment to the statute (1 Comp. Laws 1897, § 550) in 1899, a hond on an appeal is not required, except where a stay of proceedings is sought. Act No. 243, Pub. Acts 1899.

The motion must be denied.

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Per Curiam.

A motion is made to dismiss an appeal from an order overruling a demurrer in chancery. Two grounds are urged:

1. That the order was not an appealable one.

2. That no bond was given.

The statute authorizes an appeal from an order overruling a general demurrer. 1 Comp. Laws 1897, § 549. The rule requiring a specification of cause in all demurrers does not abrogate or enlarge this statute. Appeals may still be taken from an order overruling a demurrer which prior to the rule might have been general. Greenley v. [17]*17Hovey, 115 Mich. 504 (73 N. W. 808); Robinson v. Kunkleman, 117 Mich. 193 (75 N. W. 451). The ground of demurrer assigned is that the bill was not sworn to. This might have been ground for a general demurrer prior to the adoption of the present rule. 1 Daniell, Ch. Prac. (6th Am. Ed.) 587; 6 Enc. Pl. & Prac. 410.

By an amendment to the statute (1 Comp. Laws 1897, § 550) in 1899, a hond on an appeal is not required, except where a stay of proceedings is sought. Act No. 243, Pub. Acts 1899.

The motion must be denied.

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Bluebook (online)

82 N.W. 665, 124 Mich. 16, 1900 Mich. LEXIS 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daschke-v-schellenberg-mich-1900.

Opinion

1. That the order was not an appealable one.

2. That no bond was given.

Related

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