Perry v. Church
Michigan Supreme Court
Error to Kent; Adsit, J. Trespass de boms by Franklin D. Perry and another against Isaac R. Church. Defendant interposed a demurrer, which was sustained in part and overruled in part. Both parties bring error.
1Opinion of the CourtMontgomery, J.
Plaintiffs brought a suit against defendant, and filed a declaration containing four counts. Defendant demurred on various grounds, some of them on the whole declaration, and some of them on particular counts. A hearing was had on demurrer, and the court sustained the demurrer to the third and fourth counts, and overruled the demurrer as to the remainder of the declaration. The order granted concludes by directing that plaintiffs have 20 days in which to amend their declaration, and defendant have 10 days thereafter in which to plead. No judgment appears to have been entered, although both…
2Cases cited2 opinions
- Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
- Clark v. Village of North MuskegonMichigan Supreme Court · 1891
3Cited by1 opinion
- Toleikis v. AustinMichigan Supreme Court · 1917