Ryerson v. Utley
Michigan Supreme Court
Appeal in Chancery from Muskegon Circuit. The bill in this cause was filed to restrain the collection by a commissioner, of a special contribution towards the payment of a claim against the state for certain improvements on the Muskegon River. The facts were admitted by stipulation. A decree was rendered in accordance with the prayer of the bill, and a perpetual injunction granted. The case involves the constitutionality of the act of 1857 — Sess.
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Appeal in Chancery from Muskegon Circuit. The bill in this cause was filed to restrain the collection by a commissioner, of a special contribution towards the payment of a claim against the state for certain improvements on the Muskegon River. The facts were admitted by stipulation. A decree was rendered in accordance with the prayer of the bill, and a perpetual injunction granted. The case involves the constitutionality of the act of 1857 — Sess. L. No. 147 —and that of 1867 — ¿'ess. L. No. 56.
1Opinion of the Court
Cooley Ch. J.
Thé constitution of this state — Art. 14, § 9 — provides that “ The state shall not be a party to or interested in any work of internal improvement, nor engaged in carrying on any such work, except in the expenditure of grants to the state of land or other property.” The legislature of 1857 *274■passed “An Act to provide for the improvement of navigation over the sand flats of the Muskegon river” — Laws 1857, p. 394 — which act appropriated $50,000 from the internal improvement fund of the state for constructing such levees and other works between Muskegon Lake and Maple River, as…
2Cases cited10 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Morford v. UngerSupreme Court of Iowa · 1859
- State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- The Sun Mutual Ins. Co. v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
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3Cited by55 opinions
- Advisory Opinion Re Constitutionality of 1972 PA 294Michigan Supreme Court · 1973
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- Amos v. MathewsSupreme Court of Florida · 1930
- City of Gaylord v. Gaylord City ClerkMichigan Supreme Court · 1966
- Bowman v. CockrillSupreme Court of Kansas · 1870
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