Legal Opinion

Grand Rapids & Indiana Railroad v. Weiden

Michigan Supreme Court

Decided May 18, 1888PublishedCited by 20 opinions

Appeal from probate court of Kent county. This is an appeal from the report of a jury in railroad condemnation proceedings. The findings were set aside for reasons stated in the opinion, in which the facts are sufficiently stated.

1Opinion of the CourtCampbell, J.

Petitioner obtained a condemnation of respondents’ lands in Grand Rapids by proceedings under the general railroad laws. A certiorari was originally sued out, which this Court regarded as not the best remedy under the circumstances. The proceedings went on to a jury assessment, and now the whole action comes up on appeal.

It seems to have been supposed by petitioner’s counsel that the dismissal of the certiorari leaves open no part of the record but the jury proceedings. This is an error. The reasons for resorting to a certiorari, instead of waiting for an appeal, were found, when the motion…

2Cases cited1 opinion

  1. Grand Rapids, Lansing & Detroit Railroad v. WeidenMichigan Supreme Court · 1888

3Cited by20 opinions

  1. Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
  2. Fitzsimons & Galvin, Inc. v. RogersMichigan Supreme Court · 1928
  3. In Re Slum Clearance Between Hastings, De Quindre, Mullett Streets and Gratiot AvenueMichigan Supreme Court · 1952
  4. Boyne City, Gaylord & Alpena Railroad v. AndersonMichigan Supreme Court · 1906
  5. Grand Rapids, Lansing & Detroit Railroad v. ChesebroMichigan Supreme Court · 1889

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