
    DASCHKE v. SCHELLENBERG.
    1. Appeal — Order Overruling Demurrer.
    An order overruling a demurrer to a bill, which assigns as the ground of demurrer the fact that the bill is not sworn to, is appealable.
    2. Same — Bond—Stay op Proceedings.
    Under Act No. 243, Pub. Acts 1899 (amending 1 Comp. Laws 1897, § 550), which provides that, after an appeal in chancery is taken and perfected, no stay of proceedings shall be granted unless appellant file a bond conditioned to satisfy the decree of the Supreme Court and to pay all costs, an appeal bond is necessary only in case a stay of proceedings is sought.
    Appeal from Wayne; Frazer, J.
    Bill by Jobn Daschke and others against Harry L. Schellenberg and others to enforce a mechanic’s lien. From an order overruling a demurrer to the bill, defendants appeal: On motion to dismiss.
    Submitted April 10, 1900.
    Motion denied May 2, 1900.
    
      James D. May, for the motion.
    
      Franklin L. Lord, contra.
    
   Per Curiam.

A motion is made to dismiss an appeal from an order overruling a demurrer in chancery. Two grounds are urged:

1. That the order was not an appealable one.

2. That no bond was given.

The statute authorizes an appeal from an order overruling a general demurrer. 1 Comp. Laws 1897, § 549. The rule requiring a specification of cause in all demurrers does not abrogate or enlarge this statute. Appeals may still be taken from an order overruling a demurrer which prior to the rule might have been general. Greenley v. Hovey, 115 Mich. 504 (73 N. W. 808); Robinson v. Kunkleman, 117 Mich. 193 (75 N. W. 451). The ground of demurrer assigned is that the bill was not sworn to. This might have been ground for a general demurrer prior to the adoption of the present rule. 1 Daniell, Ch. Prac. (6th Am. Ed.) 587; 6 Enc. Pl. & Prac. 410.

By an amendment to the statute (1 Comp. Laws 1897, § 550) in 1899, a hond on an appeal is not required, except where a stay of proceedings is sought. Act No. 243, Pub. Acts 1899.

The motion must be denied.  