Bateman v. Case

Ostrander, J.

(dissenting). In my opinion, the case is ruled by Jones v. Jones, 25 Mich. 401, and the decree overruling the demurrer should be reversed and a decree entered sustaining the demurrer.

McAlvay, J., concurred with Ostrander, J.

Brooke, J.

I agree that this case falls within Jones v. Jones, supra, but think that case should be squarely overruled. The decree should be affirmed.

Bird, J., did not sit.