Board of Health v. Van Hoesen
Michigan Supreme Court
Certiorari to review proceedings for condemnation of lands for cemetery purposes. The facts are stated in the opinion.
1Opinion of the CourtMcGrath, J.
This matter comes here by certiorari, to test the validity of certain proceedings to condemn land for cemetery purposes.
*534The board of health of Portage township filed a petition in the circuit court for the county of Kalamazoo, under chapter 181, How. Stat., to condemn certain land belonging to respondent for cemetery purposes. Respondent demurred to the petition, alleging, among others, the following grounds:
1. Said petition is insufficient to confer upon said court jurisdiction of the subject-matter of said petition.
2. The statutes confer no authority upon said court to summon a jury in…
2Cases cited16 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Gilmer v. ThrockmortonCalifornia Supreme Court · 1861
- In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
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3Cited by29 opinions
- Wayne County v. HathcockMichigan Supreme Court · 2004
- Brown v. GeraldSupreme Judicial Court of Maine · 1905
- City of Novi v. Robert Adell Children's Funded TrustMichigan Supreme Court · 2005
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- In Re Slum Clearance Between Hastings, Gratiot, De Quindre and Mullett StreetsMichigan Supreme Court · 1951
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