City of Detroit v. Detroit & Howell Plank Road Co.
Michigan Supreme Court
'"Mandamus. The power to amend, alter or repeal a charter, reserved by the Constitution or by an express provision of the act, is a reservation to the State of its full legislative power, and legislative action thereon can be held void only because it is unconstitutional on other grounds, Holyoke Go. v. Lyman 15 Wal. 500; Parker v. Metropolitan B. B. Co. 109 Mass. 506; Bailroacl Go. v. Georgia 98 U. S. 359; Tomlinson v. Jessup 15 Wal. 454; Fitchburg B. B. Co. v. Grand June.
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'"Mandamus. The power to amend, alter or repeal a charter, reserved by the Constitution or by an express provision of the act, is a reservation to the State of its full legislative power, and legislative action thereon can be held void only because it is unconstitutional on other grounds, Holyoke Go. v. Lyman 15 Wal. 500; Parker v. Metropolitan B. B. Co. 109 Mass. 506; Bailroacl Go. v. Georgia 98 U. S. 359; Tomlinson v. Jessup 15 Wal. 454; Fitchburg B. B. Co. v. Grand June. B. B. Co. 4 Allen 198; Mass. Gen. Hospital v. State Assur. Co. 4 Gray 227; Oldtown B. B. Co. v. Veazie 39 Me. 581;…
1Opinion of the CourtCooley, J.
A mandamus is applied for in this case to compel the respondent to. remove beyond the city limits a toll-gate located on Grand Eiver street. The questions the application presents are questions of statutory construction and of constitutional law.
The respondent was incorporated April 3, 1848, for the purpose of building and maintaining a plank road from the city of Detroit to the village of Howell, with certain specified branches. The third section of the act of incorporation provided that the corporation “shall be subject to the provisions of an act entitled ‘An act relative to plank roads,’…
2Cases cited18 opinions
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Sinking-Fund CasesSupreme Court of the United States · 1879
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Railroad Co. v. MaineSupreme Court of the United States · 1878
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
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3Cited by51 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- City of Buffalo v. . ChadeayneNew York Court of Appeals · 1892
- County of San Mateo v. Southern Pacific R.United States Circuit Court · 1882
- County of Santa Clara v. Southern Pac. R. Co.United States Circuit Court · 1883
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