Valentine ex rel. Dudley v. Berrien Springs Water-Power Co.
Michigan Supreme Court
Error to Berrien; Peck, J., presiding. Quo warranto proceedings by George M. Valentine, prosecuting attorney of Berrien county, on the relation of Gus M. Dudley, against the Berrien Springs Water-Power Company, to determine the validity of a franchise to dam a navigable stream. From a judgment of ouster on demurrer to the plea, respondent brings error. Appeal from Berrien; Peck, J., presiding.
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Error to Berrien; Peck, J., presiding. Quo warranto proceedings by George M. Valentine, prosecuting attorney of Berrien county, on the relation of Gus M. Dudley, against the Berrien Springs Water-Power Company, to determine the validity of a franchise to dam a navigable stream. From a judgment of ouster on demurrer to the plea, respondent brings error. Appeal from Berrien; Peck, J., presiding. Submitted April 16, 1901. Decided September 25, 1901. Bill by the Berrien Springs Water-Power Company against John U. Hoffman, impleaded with Charles A. Chapin and others, to protect the enjoyment of…
1Opinion of the CourtLong, J.
On the 3d day of January, 1895, the board of supervisors of the county of Berrien granted the respondent, the Berrien Springs Water-Power Company, a franchise to build a dam across the St. Joseph river at Berrien Springs. The principal case here is an information in the nature of a quo warranto to determine the validity of this franchise. The information was filed in the circuit court of that county on April 30, 1900. It alleges a usurpation of the franchise by the respondent, and that “said company claims the right to build, and is about to build, said dam.” The first plea of respondent sets…
2Cases cited6 opinions
- Shepard v. GatesMichigan Supreme Court · 1883
- Clay v. Pennoyer Creek Improvement Co.Michigan Supreme Court · 1876
- Benjamin v. Manistee River Improvement Co.Michigan Supreme Court · 1880
- Attorney General ex rel. Nelson v. McArthurMichigan Supreme Court · 1878
- Nelson v. Cheboygan Slack-Water Navigation Co.Michigan Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dana v. HurstSupreme Court of Kansas · 1911
- Berrien Springs Water-Power Co. v. Berrien Circuit JudgeMichigan Supreme Court · 1903
- In Re Martiny Lakes ProjectMichigan Supreme Court · 1968
- State ex rel. Attorney General v. NorcrossWisconsin Supreme Court · 1907
- Butts v. KingSupreme Court of Connecticut · 1924
3 more not listed; retrieve them via the Exa API.