C. H. Little Co. v. Woodward Avenue Cemetery Ass'n
Michigan Supreme Court
Appeal from Wayne; Brooke, J. Bill by the C. H. Little Company against the Woodward Avenue Cemetery Association, Daniel L. Davis, Silas A. Hillman, Frank G. Jacobs, and others, to compel the payment of subscriptions to the capital stock of defendant corporation. From an order sustaining in part a demurrer to the bill, both parties appeal.
Read the full summary
Appeal from Wayne; Brooke, J. Bill by the C. H. Little Company against the Woodward Avenue Cemetery Association, Daniel L. Davis, Silas A. Hillman, Frank G. Jacobs, and others, to compel the payment of subscriptions to the capital stock of defendant corporation. From an order sustaining in part a demurrer to the bill, both parties appeal. The bill in this case alleges that on November 20, 1902, the complainant recovered a judgment in the justice court, at Detroit, against the defendant the Woodward Avenue Cemetery Association, a corporation, for the sum of $242.22 damages, and costs; that a…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. The court erred in sustaining the demurrer in part and overruling it in part. When a bill in chancery contains any ground of equitable relief, a general demurrer must be overruled as to the whole bill. The complainant is entitled to an answer, and all the questions will arise upon the final hearing upon pleadings and proofs. Williams v. Hubbard, Walk. Ch. 28; Clark v. Davis, Har. Ch. 227; Thayer v. Lane, Id. 247; Hawkins v. Clermont, 15 Mich. 511. However, inasmuch as both parties have appealed, have fully argued the question involved, and are evidently desirous…
2Cases cited3 opinions
- Jordan v. EverettTennessee Supreme Court · 1894
- Brown v. Pontiac Mining Co.Michigan Supreme Court · 1895
- Hawkins v. ClermontMichigan Supreme Court · 1867
3Cited by3 opinions
- Watson v. WagnerMichigan Supreme Court · 1918
- The Epworth Assembly v. Ludington & Northern RailwayMichigan Supreme Court · 1923
- Strelow v. American Color Co.Michigan Supreme Court · 1910