
    J. Lawrence McVickar and another v. Delos L. Filer and others.
    
      Demurrer: Dismissing 1AU for want of prosecution. Where defendants to a hill in equity have demurred to the hill, the court has no authority to dismiss the hill for want of prosecution while the demurrer is pending. Such defendants may themselves expedite the case hy noticing the demurrer for argument.
    
      Heard January 4 and 5.
    
    
      Decided January 5.
    
    Appeal in Chancery from Manistee Circuit.
    This was a bill filed November 1, 1869, by J. Lawrence McVickar and Benjamin McVickar, against Delos L. Filer and eighty-eight others. Several of the defendants demurred to the bill. Subsequently on May 4, 1871, on motion of defendants who had demurred, the bill was dismissed for want of prosecution. From this order the complainants appealed.
    
      Bullís & Cutcheon and D. Darwin Hughes, for complainants.
    
      Bam'sdett é Benedict, for defendants.
   The Court

held that there was no authority for dismissing the bill for want of prosecution while the demurrer

was pending. The defendants who had demurred could themselves have expedited the case by noticing the demurrer for argument.

Decree below reversed, with costs.  