Toledo, Saginaw & Muskegon Railway Co. v. Shafer
Michigan Supreme Court
Appeal from Kent; McDonald, J. Bill by the Toledo, Saginaw & Muskegon Railway Company and another against Wilmarth ,T. Shafer and another, as drain commissioners, to restrain defendants from constructing a drain. From an order sustaining the demurrer of defendants complainants appeal.
1Opinion of the CourtKuhn, J.
Complainants by their bill filed in this cause seek to enjoin the defendants from constructing a drain on their right of way. Defendants demurred on the following grounds:(1) That the complainants have an adequate remedy at law.(2) That no facts from which fraud is fairly inferable are set forth in the bill of complaint.(3) That complainants’ action is premature, for the *91reason- that the defendants have not progressed to the -point of actually digging said drain.(4) That the matters complained of have been judicially tried out and determined by the special commissioners, whose determination…
2Cases cited7 opinions
- Auditor General v. BoltMichigan Supreme Court · 1907
- Crandall v. McElhenyMichigan Supreme Court · 1906
- Hudlemyer v. DickinsonMichigan Supreme Court · 1906
- Troost v. FellowsMichigan Supreme Court · 1912
- Grandchamp v. McCormickMichigan Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wilmarth v. ReaganTexas Commission of Appeals · 1922
- Eyde v. Lansing TownshipMichigan Court of Appeals · 1981
- Patrick v. Shiawassee County Drain CommissionerMichigan Supreme Court · 1955
- Stellwagen v. DingmanMichigan Supreme Court · 1924
- Toth v. Waterford TownshipMichigan Court of Appeals · 1978
7 more not listed; retrieve them via the Exa API.