Gray v. Eldred
Michigan Supreme Court
Appeal from Isabella; Dodds, J. Bill by Thomas Gray, supervisor, and John Dunn, highway commissioner, of Isabella township, against Sherman D. Eldred, county drain commissioner, and the Joliet Bridge & Iron Company to enjoin the closing of a contract for the purchase of certain bridges. From an order overruling certain legal objections to complainants’ right to maintain the bill raised by the answers and determined before proofs were taken, defendants appeal.
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Appeal from Isabella; Dodds, J. Bill by Thomas Gray, supervisor, and John Dunn, highway commissioner, of Isabella township, against Sherman D. Eldred, county drain commissioner, and the Joliet Bridge & Iron Company to enjoin the closing of a contract for the purchase of certain bridges. From an order overruling certain legal objections to complainants’ right to maintain the bill raised by the answers and determined before proofs were taken, defendants appeal. The complainants, Gray, as supervisor, and Dunn, as highway commissioner, of the township of Isabella, on July 3, 1904, filed a bill of…
1Opinion of the CourtGrant, 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…
2Cited by3 opinions
- Pratt v. MillardMichigan Supreme Court · 1908
- Union Trust Co. v. KirchbergMichigan Supreme Court · 1913
- Gustin v. Alpena Circuit JudgeMichigan Supreme Court · 1938