People ex rel. Benoit v. Miller
Michigan Supreme Court
Information in the nature of a quo warranto. The defendant demurred for the reason, first: that the information did not state the time when the alleged usurpation commenced, or for what period it continued, and, second: that certain blank spaces in the information rendered it uncertain and obscure. 1. The demurrer is well taken for the want of an averment in the information showing the space of time of the alleged usurpation, and for the reason that there was an unfilled…
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Information in the nature of a quo warranto. The defendant demurred for the reason, first: that the information did not state the time when the alleged usurpation commenced, or for what period it continued, and, second: that certain blank spaces in the information rendered it uncertain and obscure. 1. The demurrer is well taken for the want of an averment in the information showing the space of time of the alleged usurpation, and for the reason that there was an unfilled blank in a material averment in the information, and that it is uncertain and obscure.— 3 Ghitty’s PI. p. 1248. 2. The…
1Opinion of the Court
Cooley J.
Pleadings are required for the purpose of apprising the opposite party and the court of the matters upon which ' the pleader relies, and to which evidence is to bo directed; and they are generally sufficient Avhen they fully accomplish this purpose. If there still remain technical rules which go further, without serving any useful end, their application should be confined strictly to the cases where the settled practice leaves the court no discretion.
The defendant supposes this case is to be governed by the rules Avhich apply to indictments, Avhere it is imperative that the day and…
2Cited by1 opinion
- Attorney General ex rel. Reynolds v. MayMichigan Supreme Court · 1893