Legal Opinion · Dissent

Shaw v. Chase

Michigan Supreme Court

Decided November 8, 1889Published

Appeal from Kalamazoo. (Buck, J.) Bill to set aside a partnership settlement, and for an accounting. Defendants appeal from order overruling demurrer. The facts are stated in the ouinion.

1DissentSherwood, C. J.

This case is before us on bill and demurrer, both general and special. The demurrer was overruled by the circuit judge, and defendants took the appeal, which is under the provisions of Act No. 58, Laws of 1883, p. 47. This act provides that—

“Any complainant or defendant who may think himself aggrieved by the order overruling a general demurrer * * * may appeal therefrom to the Supreme Court.”

The case was heard before Hon. George M. Buck, circuit judge, at the Kalamazoo circuit, and the order-entered overruling the demurrer is in the following language:

“ The demurrer of said defendants to the…

2Cases cited4 opinions

  1. Oliver v. PiattSupreme Court of the United States · 1845
  2. Wales v. NewbouldMichigan Supreme Court · 1860
  3. Gage v. ParmeleeIllinois Supreme Court · 1877
  4. Turck v. SouleMichigan Supreme Court · 1884

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