Creasey v. St. George's Society

Michigan Supreme Court
Creasey v. St. George's Society, 34 Mich. 51 (Mich. 1876)
1876 Mich. LEXIS 104
Marston, Other

Creasey v. St. George's Society

Opinion 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 other Justices concurred.

Reference

Full Case Name
Bletcher Creasey and others v. The St. George's Society of Detroit
Cited By
2 cases
Status
Published