Legal Opinion

Chicago, Detroit & Canada Grand Trunk Junction Railroad v. Simons

Michigan Supreme Court

Decided June 7, 1920No. Docket No. 46PublishedCited by 8 opinions

Appeal from Macomb probate court; Reid (Neil), J. Condemnation proceedings by the Chicago, Detroit & Canada Grand Trunk Junction Railroad Company against David W. Simons and others to acquire certain land for railway purposes. From an order confirming an award of the'jury, plaintiff appeals.

1Opinion of the CourtFellows, J.

When this case was here before (200 Mich. 76) we set aside the awards and directed another inquest before a new jury. A second inquest has been had before another jury and plaintiff appeals from the awards to the defendants and the amount allowed for their attorneys. No question of jurisdiction of the trial court is here involved. In taking this appeal, plaintiff has followed the provisions of section 8257, 2 Comp. Laws 1915.

We are met at the threshold of the case with the contention of defendants’ counsel that an appeal does not lie from the awards- made by the second jury; counsel’s…

2Cases cited13 opinions

  1. Sullivan v. HaugMichigan Supreme Court · 1890
  2. Appeal of S. O. HoughtonCalifornia Supreme Court · 1871
  3. United States Gypsum Co. v. Kent Circuit JudgeMichigan Supreme Court · 1908
  4. Kundinger v. City of SaginawMichigan Supreme Court · 1886
  5. J. F. Hartz Co. v. LukaszcewskiMichigan Supreme Court · 1918

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3Cited by8 opinions

  1. People v. ColesMichigan Supreme Court · 1983
  2. Moore v. SpanglerMichigan Supreme Court · 1977
  3. Chamski v. Wayne County Board of AuditorsMichigan Supreme Court · 1939
  4. In the Matter of LandaalMichigan Supreme Court · 1935
  5. In Re Kent County AirportMichigan Supreme Court · 1962

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