Summary
In Gordon v. Tyler, 53 Mich. 629, 631, the original defendants not having been served before their deaths, the court said, in passing on a motion to set aside the service and dismiss the bill: "The basis of this objection is that until a defendant has appeared the suit cannot be treated as having actually been commenced against him; so that if he dies before appearance it is as if he had never been in the case, and an original bill is necessary to reach his representatives.
Summary of this case from In re Connaway as Receiver of the Moscow National BankOpinion
May, 1921.
Interlocutory judgment reversed, with costs, and demurrer sustained, with costs, with leave to the plaintiff to plead over within twenty days, upon payment of the costs of the demurrer and of this appeal. Held, that the plaintiff has improperly united in his complaint several causes of action, not arising out of the same transaction, some being legal and some being equitable in their nature, and calling for different kinds of relief, although an attempt is made in the complaint to have an accounting on the several causes of action set up therein. The second, third, fourth, fifth and sixth causes of action do not state facts sufficient therein to constitute a cause of action. All concur.