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124 Mich. 16

Daschke v. Schellenberg

Michigan Supreme Court

Decided May 2, 1900

Michigan Supreme Court · decided 1900-05-02

Bill by Jobn Daschke and others against Harry L. Schellenberg and others to enforce a mechanic’s lien. From an order overruling a demurrer to the bill, defendants appeal: On motion to dismiss.

Cited by 2 later decisions — most recently May 1906

2 state decisions

Relies on Robinson v. Kunkleman · Greenley v. Hovey

Good law ✅— No negative treatment on recordhow we know

Decided 1900-05-02

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Per Curiam.

¶1A motion is made to dismiss an appeal from an order overruling a demurrer in chancery. Two grounds are urged:

¶21. That the order was not an appealable one.

¶32. That no bond was given.

¶4The 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. *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.

¶5By 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.

¶6The motion must be denied.

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