Creasey v. St. George's Society
Michigan Supreme Court
Appeal in Chancery from Superior Court of Detroit. ..This was a bill filed by three members of the defendant association, to enjoin such association from carrying out certain provisions of a new constitution, and of certain bylaws supplementary thereto, adopted by said society after it had been in existence for a considerable period, and which are alleged to be in violation of the statute (S. L. 1871, f. 209) under which the society was incorporated, and to constitute an…
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Appeal in Chancery from Superior Court of Detroit. ..This was a bill filed by three members of the defendant association, to enjoin such association from carrying out certain provisions of a new constitution, and of certain bylaws supplementary thereto, adopted by said society after it had been in existence for a considerable period, and which are alleged to be in violation of the statute (S. L. 1871, f. 209) under which the society was incorporated, and to constitute an unwarranted departure from the previous course of action of the 'society. A general demurrer to the bill was interposed and…
1Opinion of the Court
Marston, J:
The proceedings in this cause were somewhat irregular. The decree was premature. The 'demurrer haying been overruled, the defendant should have had leave to answer; failing in this, then a final decree might have been granted.
The decree is also objectionable in that it is too broad and not warranted by the bill, which is uncertain and indefinite. A demurrer to the bill for uncertainty would have been sustained. It is very evident that as the case now stands no proper relief can be granted;
The decree must be reversed, with costs, and the record remanded for further proceedings.
The…
2Cited by2 opinions
- Macomber v. CottrellMichigan Supreme Court · 1910
- Bliss v. TylerMichigan Supreme Court · 1909