Turck v. Soule

Michigan Supreme Court

Turck v. Soule

20 N.W. 822, 55 Mich. 128, 1884 Mich. LEXIS 440

Michigan Supreme Court·Decided October 15, 1884·Published·Cited by 4 cases

Opinion

Sherwood, J.

In this case the demurrer to the bill of complaint filed is both general and special, and the order appealed from overrules the demurrer, with leave to answer. We cannot consider the points made in the briefs of counsel. An appeal does not lie in such cases. It is to an order over[129]*129ruling a general demurrer only that an appeal lies to this Court. See Pub. Acts 1883, p. 47.

The appeal will therefore be dismissed and the case remanded, but without costs.

The other Justices concurred.

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Sherwood, J.

In this case the demurrer to the bill of complaint filed is both general and special, and the order appealed from overrules the demurrer, with leave to answer. We cannot consider the points made in the briefs of counsel. An appeal does not lie in such cases. It is to an order over[129]*129ruling a general demurrer only that an appeal lies to this Court. See Pub. Acts 1883, p. 47.

The appeal will therefore be dismissed and the case remanded, but without costs.

The other Justices concurred.

Turck v. Soule, 20 N.W. 822, 55 Mich. 128, 1884 Mich. LEXIS 440 (Mich. 1884).

Pincite

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Opinion

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