Tribbett v. Village of Marcellus

This is an appeal from an order of the circuit court in chancery dismissing a petition for disconnection of land from the village of Marcellus. The trial judge held that the statute under which disconnection was sought was unconstitutional. Plaintiffs appealed, and defendant filed a motion to dismiss the appeal on the ground that the statute in question provided for no right of appeal from the court’s determination.

The pertinent sections of the statute in question, Act No. 177, Pub. Acts 1939 (Comp. Laws Supp. 1940, § 2344-1 et seq., Stat. Ann. 1940 Cum. Supp. § 5.2245[1] et seq.), provide as…