Pere Marquette Railroad v. United States Gypsum Co.
Michigan Supreme Court
Condemnation proceedings by the Pere Marquette Railroad Company against the United States Gypsum Company, the American Trust & Savings Bank, and the German American Bank. The petition was dismissed in the probate court, and petitioner appealed to the circuit court. There was an order reversing the action of the probate court, and ordering the case to proceed in the circuit court on the merits: On motion for a writ of certiorari to review the order of the circuit judge.
1Opinion of the CourtMcAlvay, C. J.
On a petition by the Pere Marquette Railroad Company to the probate court of Kent county to condemn certain lands an issue was made upon the answer of these respondents, the United States Gypsum Company, American Trust & Savings Bank, and German American Bank, that the proceeding was to condemn iands for a private, and not a public, purpose. A preliminary hearing was had and proofs taken upon tbi> issue. The probate judge found that the purpose for which the land was to be condemned was a private purpose, and made an order dismissing the petition. Petitioner then took an appeal from this…
2Cases cited8 opinions
- People ex rel. Wiley v. Judge of Allegan CircuitMichigan Supreme Court · 1874
- Palms v. CampauMichigan Supreme Court · 1862
- Maynard v. Ingham Circuit JudgeMichigan Supreme Court · 1900
- People v. ThompsonMichigan Supreme Court · 1896
- Defoe v. Bay Circuit JudgeMichigan Supreme Court · 1898
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3Cited by1 opinion
- United States Gypsum Co. v. Kent Circuit JudgeMichigan Supreme Court · 1908