143 Mich. 364 | Mich. | 1906
The bill of complaint in this cause did not show that the value of the property in controversy amounted to $100. An answer claiming the benefits of a
In the present case there was nothing in the bill to show what the amount in controversy was. The defendant did not plead inadequacy of amount in controversy. Hence there was nothing to warrant a dismissal under the terms of the statute, and the court should not have made such an order, upon that ground, until the proofs showed such inadequacy. If it be claimed that this bill was dismissed upon the demurrer clause in the answer, the course taken was erroneous, as the proofs should have been taken. . See Lamb v. Jeffrey, 41 Mich. 719. In Zabel v. Harshman, 68 Mich. 272, the practice of a separate hearing on a demurrer clause in an answer is condemned.
It is suggested that the bill fails to state an equitable cause of action, and that therefore the court did not err in dismissing the bill, whatever reason he may have given. The bill alleges a threatened trespass, and irreparable injury, and prays an injunction. While ordinarily a trespass will not be enjoined, it may upon a showing of irreparable injury. As the bill was answered, and, if occasion requires, may be amended in matters of form and sub
The decree is reversed, with costs of this court, and the record will be remanded for further proceedings.