Berube v. Wheeler
Michigan Supreme Court
Certiorari to Alcona; Connine, J. Mandamus by Amie Berube and others to compel Peter Wheeler, highway commissioner of the township of Mikado, to rebuild a bridge. From an order granting the writ, respondent brings certiorari. August 3, 1900, 23 freeholders of the township of Mikado addressed a petition to the respondent, the highway commissioner of said township, for the construction of a bridge which had been washed away. Respondent returned the petition without comment.
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Certiorari to Alcona; Connine, J. Mandamus by Amie Berube and others to compel Peter Wheeler, highway commissioner of the township of Mikado, to rebuild a bridge. From an order granting the writ, respondent brings certiorari. August 3, 1900, 23 freeholders of the township of Mikado addressed a petition to the respondent, the highway commissioner of said township, for the construction of a bridge which had been washed away. Respondent returned the petition without comment. It. was returned to him, requesting its consideration. Petitioners received no reply, and thereupon filed a petition in…
1Opinion of the CourtGrant, J.
(after stating the facts). There are 36 assignments of error. We will dispose of those which we consider important.
1. This was not a calendar case, requiring 14 days’ notice of trial. Cir. Ct. Rule No. 46 d; Schattler v. Wayne Circuit Judge, 109 Mich. 567 (68 N. W. 1102).
2. The relators, being parties interested, are entitled to *35maintain the action. It is not a case where the officers of the State are required to institute the proceeding in order to confer jurisdiction. The duty sought to be enforced is not one due to the government as such. Union Pac. R. Co. v. Hall, 91 U. S. 343.
3. It is…
2Cases cited4 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- Rickel v. StrelingerMichigan Supreme Court · 1894
- Schattler v. Circuit JudgeMichigan Supreme Court · 1896
- Schattler v. Wayne Circuit JudgeMichigan Supreme Court · 1896
3Cited by5 opinions
- International Harvester Co. of America v. Eaton Circuit JudgeMichigan Supreme Court · 1910
- Bills v. Grand Blanc TownshipMichigan Court of Appeals · 1975
- Gowan v. SmithMichigan Supreme Court · 1909
- Stephenson v. Common CouncilMichigan Supreme Court · 1921
- Kingsley v. NylandMichigan Supreme Court · 1904