Gray v. Eldred

Michigan Supreme Court

Gray v. Eldred

107 N.W. 719, 144 Mich. 23, 1906 Mich. LEXIS 991

CourtMichigan Supreme Court

DecidedApril 30, 1906

DocketDocket No. 188

StatusPublished

Cited by3 cases

This text of 107 N.W. 719 (Gray v. Eldred) 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

Gray v. Eldred, 107 N.W. 719, 144 Mich. 23, 1906 Mich. LEXIS 991 (Mich. 1906).

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Opinion

Grant, J.

(after stating the facts). No such practice is known to the courts of this State. When defendants in a chancery suit have answered, and in their answer have inserted the usual demurrer clause, and replications have been filed, the case must go to a hearing upon the issues joined and a final decree rendered. It is neither proper nor good practice to permit parties to then take advantage of a demurrer and bring the case into this court by piecemeal. The result would be two trials, and possibly two appeals to this court to determine the issues, and great delay. We cannot sanction such a practice, even at the request of the parties litigant.

Without determining the questions raised, the order of the court will be set aside, and the case remanded for hearing upon proofs, should the parties desire to introduce any. No costs will be allowed.

McAlvay, Montgomery, Hooker, and Moore, JJ., concurred.

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Grant, J.

(after stating the facts). No such practice is known to the courts of this State. When defendants in a chancery suit have answered, and in their answer have inserted the usual demurrer clause, and replications have been filed, the case must go to a hearing upon the issues joined and a final decree rendered. It is neither proper nor good practice to permit parties to then take advantage of a demurrer and bring the case into this court by piecemeal. The result would be two trials, and possibly two appeals to this court to determine the issues, and great delay. We cannot sanction such a practice, even at the request of the parties litigant.

Without determining the questions raised, the order of the court will be set aside, and the case remanded for hearing upon proofs, should the parties desire to introduce any. No costs will be allowed.

McAlvay, Montgomery, Hooker, and Moore, JJ., concurred.

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Bluebook (online)

107 N.W. 719, 144 Mich. 23, 1906 Mich. LEXIS 991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-eldred-mich-1906.

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