Daschke v. Schellenberg
Michigan Supreme Court
Appeal from Wayne; Frazer, J. Bill by Jobn Daschke and others against Harry L. Schellenberg and others to enforce a mechanic’s lien. From an order overruling a demurrer to the bill, defendants appeal: On motion to dismiss.
1Per curiam
A motion is made to dismiss an appeal from an order overruling a demurrer in chancery. Two grounds are urged:
1. That the order was not an appealable one.
2. That no bond was given.
The statute authorizes an appeal from an order overruling a general demurrer. 1 Comp. Laws 1897, § 549. The rule requiring a specification of cause in all demurrers does not abrogate or enlarge this statute. Appeals may still be taken from an order overruling a demurrer which prior to the rule might have been general. Greenley v. *17Hovey, 115 Mich. 504 (73 N. W. 808); Robinson v. Kunkleman, 117 Mich. 193 (75 N. W.…
2Cases cited2 opinions
- Robinson v. KunklemanMichigan Supreme Court · 1898
- Greenley v. HoveyMichigan Supreme Court · 1898
3Cited by2 opinions
- Kerr v. RuppMichigan Supreme Court · 1906
- Flynn v. HolmesMichigan Supreme Court · 1905