People ex rel. Holcomb v. Township Board
Michigan Supreme Court
Application for a mandamus. The relator set forth in his affidavit, that on January 3, 1859, on the application of one of the commissioners of highways of Lowell, to Robert Hunter, a Justice of the Peace, a jury was summoned on the warrant of said Justice, to determine the necessity of taking certain lands of the relator in that town for a highway, and to assess his damages in oonsequence of such taking: that said jury determined that it was necessary to take such lands, and…
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Application for a mandamus. The relator set forth in his affidavit, that on January 3, 1859, on the application of one of the commissioners of highways of Lowell, to Robert Hunter, a Justice of the Peace, a jury was summoned on the warrant of said Justice, to determine the necessity of taking certain lands of the relator in that town for a highway, and to assess his damages in oonsequence of such taking: that said jury determined that it was necessary to take such lands, and assessed the relator’s damages at two hundred and sixty dollars, and that their finding was duly certified to by the…
1Opinion of the Court
Martin Ch. J.:
The relator in his petition for the' writ of mandamus, clearly made a case entitling him to it. Has this been overthrown by the cause shown against it by the respondents? We think not. No question is made by them of the regularity of the proceedings to condemn the land, and no issue is made upon any material point. They neither deny that the land of the relator was condemned, nor do they insist upon any fraud or irregularity in the proceedings taken to condemn it. They do not deny but that the damages, to compel the payment of which this writ is prayed, were awarded, nor but…
2Cases cited2 opinions
- Hickey v. HinsdaleMichigan Supreme Court · 1860
- Overall v. PeroMichigan Supreme Court · 1859
3Cited by2 opinions
- Harrison v. State Highway DepartmentSupreme Court of Georgia · 1936
- State v. CastleWisconsin Supreme Court · 1878