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Kirchner v. Wood

Christopher Kirchner v. George Wood

Kirchner v. Wood, 12 N.W. 44 (Mich. 1882)
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Court
Michigan Supreme Court · State Highest Courts
Decided
April 20, 1882
Judges
Cooley
Citations
12 N.W. 4448 Mich. 1991882 Mich. LEXIS 776
Disposition
Dismissed.
Headnotes
Final order. An order overruling a demurrer is not final and appealable.
Summary
Appeal from Yan Burén. Creditor’s bill. Defendants appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Cooley

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Cooley, J.

To the bill in this case the- defendants demurred generally. The court overruled the demurrer, and gave the defendants leave to answer within ten days. They did not answer, and after the ten days had expired^ appealed to this court.

Held, that the order or decree overruling the demurrer was not a final decree, and therefore not appealable under the statute. Whether the defendants did- or did not exercise their right to answer is immaterial on this question. Overruling the demurrer gave no relief to complainant, and decided nothing but the sufficiency of the pleading.

Appeal dismissed.*

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1893: 11896: 11898: 11900: 11906: 11909: 11921: 118932026peak 1893 · 1

Relies on it most ⓘ

  1. Kuehn v. Kuehn232 S.W. 918 (Tex. App. 1921)
  2. Robinson v. Belt56 F. 328 (8th Cir. 1893)
  3. Texas Land & Loan Co. v. Winter57 S.W. 39 (Tex. 1900)
  4. Barthrop v. Kona Coffee Co.10 Haw. 398 (1896)
  5. Kerr v. Rupp107 N.W. 1059 (Mich. 1906)
  6. Robinson v. Kunkleman75 N.W. 451 (Mich. 1898)

Most recent

  1. Kuehn v. Kuehn232 S.W. 918 (Tex. App. 1921)
  2. Moody v. Macomber120 N.W. 358 (Mich. 1909)
  3. Kerr v. Rupp107 N.W. 1059 (Mich. 1906)
  4. Texas Land & Loan Co. v. Winter57 S.W. 39 (Tex. 1900)
  5. Robinson v. Kunkleman75 N.W. 451 (Mich. 1898)
  6. Barthrop v. Kona Coffee Co.10 Haw. 398 (1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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