Kerr v. Rupp
Michigan Supreme Court
Appeal from Genesee; Wisner, J. Bill by William Kerr and others against John J. Rupp and Fred P. Brewer, executors of the last will and testament of Moore Kerr, deceased, to cancel and annul certain assignments of complainants’ shares of deceased’s estate as obtained by fraud, to restrain payment of the shares to defendant Rupp under the assignments, and to compel payment of their respective shares to complainants.
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Appeal from Genesee; Wisner, J. Bill by William Kerr and others against John J. Rupp and Fred P. Brewer, executors of the last will and testament of Moore Kerr, deceased, to cancel and annul certain assignments of complainants’ shares of deceased’s estate as obtained by fraud, to restrain payment of the shares to defendant Rupp under the assignments, and to compel payment of their respective shares to complainants. From an order overruling a demurrer to the bill, defendants appeal. Complainants are 7 of 15 nephews and nieces and residuary legatee? of Moore Kerr, deceased. Defendants are…
1Opinion of the CourtOstrander, J.
(after stating the facts). The first question presented is whether or not an appeal lies from the order of the circuit court. This question is answered when it is determined whether the demurrer is general or special. Previous to September 8, 1883, appeals from orders overruling demurrers were not permitted. Bennett v. Nichols, 12 Mich. 22; Kirchner v. Wood, 48 Mich. 199. The amendment of 1883 (1 Comp. Laws, § 549) gives the right to appeal from an order overruling a general demurrer. Chancery Rule 9 requires that the causes of demurrer be, in all cases, plainly specified. The rule does not…
2Cases cited8 opinions
- Bennett v. NicholsMichigan Supreme Court · 1863
- Hunton v. PlattMichigan Supreme Court · 1863
- Kirchner v. WoodMichigan Supreme Court · 1882
- Douglass v. BoardmanMichigan Supreme Court · 1897
- Ideal Clothing Co. v. HazleMichigan Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Graham v. GrahamMichigan Supreme Court · 1912
- Robinson v. De Luxe Motor Car Co. of New JerseyMichigan Supreme Court · 1912
- Mann v. DayMichigan Supreme Court · 1917
- Case v. LongyearMichigan Supreme Court · 1912
- People v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.