Legal Opinion

Clark v. Village of North Muskegon

Michigan Supreme Court

Decided November 13, 1891PublishedCited by 7 opinions

Error to Muskegon. (Dickerman, J.) Negligence case. Plaintiff brings error. The facts are stated in the opinion.

1Opinion of the CourtGrant, J.

Plaintiff brings suit to recover for injuries which she claims to have sustained by reason of a defective sidewalk. Defendant interposed a demurrer, which was sustained, and plaintiff appeals.

1. The declaration describes the defendant as “the village of North Muskegon, a municipal corporation of the State of Michigan.” It is insisted that this is no averment that the defendant is a township, village, or city corporation. I think it is a sufficient allegation of its •corporate existence and character. The plain inference is that it is a village corporation, duly organized.

2. The declaration…

2Cases cited3 opinions

  1. Myers v. CarrMichigan Supreme Court · 1863
  2. McKeller v. Township of MonitorMichigan Supreme Court · 1889
  3. Grand Rapids & Indiana Railroad v. SouthwickMichigan Supreme Court · 1874

3Cited by7 opinions

  1. Fuller v. Mayor of JacksonMichigan Supreme Court · 1892
  2. Sherwood v. StephensIdaho Supreme Court · 1907
  3. People ex rel. Nelson v. TaylorIllinois Supreme Court · 1917
  4. Leone v. KellySupreme Court of Connecticut · 1905
  5. Greenberg v. Union Nat'l BankNorth Dakota Supreme Court · 1896

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