Daschke v. Schellenberg
Michigan Supreme Court
Appeal from Wayne; Frazer, J. Bill by John Daschke and another against Harry L. Schellenberg and others to enforce a mechanic’s lien. From an order overruling a demurrer to the bill, defendant Schellenberg appeals.
1Opinion of the CourtHooker, J.
The complainants’ bill was filed to enforce a mechanic’s lien. Subpoena was duly served, and defendant appeared, and demanded a copy of the bill, which was served in due season. Thereafter defendant filed a demurrer, alleging that the bill was defective because it had not been sworn to. The court overruled the demurrer on January 16, 1900. The defendant filed a claim of appeal on February 12th. It appears to be undisputed that such bills must be sworn (3 Comp. Laws 1897, § 10719), and defendant’s demurrer should have been sustained (3 Enc. Pl. & Prac. 371; 6 Enc. Pl. & Prac. 408, 409; Sill v.…
2Cited by2 opinions
- Prather Engineering Co. v. Detroit, Flint & Saginaw RailwayMichigan Supreme Court · 1908
- Kleinert v. KnoopMichigan Supreme Court · 1907