Brady v. Hayward
Michigan Supreme Court
Error to Sanilac; Beach, J. Certiorari by Michael Brady to review the action of Hiram S. Hayward, county drain commissioner, and William H. Burgess, judge of probate, in locating and establishing the Black River drain. From a judgment declaring the drain proceedings invalid, defendants bring error.
1Opinion of the CourtMoore, J.
This is a proceeding to review the action of the circuit judge in declaring, in a certiorari proceeding, that in the establishment of the Black River drain, in Sanilac county, the proceedings were invalid. The circuit judge does not give the reason for reaching the conclusion he did. The drain does not run through the land of the petitioner, but his land is within the assessment district, and he is liable to pay a tax of about $300 if the drain is constructed.
At the outset it is claimed by the defendants that the common-law writ of certiorari is not the proper remedy to secure a review of the…
2Cases cited16 opinions
- Kinnie v. BareMichigan Supreme Court · 1888
- Moore v. McIntyreMichigan Supreme Court · 1896
- Moore v. Township of KenockeeMichigan Supreme Court · 1889
- Merkle v. Township of BenningtonMichigan Supreme Court · 1888
- City of Detroit v. ChapinMichigan Supreme Court · 1895
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Hackney v. ElliottNorth Dakota Supreme Court · 1912
- Attorney General ex rel. Brotherton v. Common CouncilMichigan Supreme Court · 1907
- Hinkley v. BishoppMichigan Supreme Court · 1908
- Smith v. PenceSouth Dakota Supreme Court · 1914
14 more not listed; retrieve them via the Exa API.