People v. Beaubien
Michigan Supreme Court
Case reserved from Wayne District Court. This was: an indictment for obstructing a highway, which-was described as commonly called “ Lane to Burying Ground, or “Street leading to Burying Ground,” leading from Jefferson Avenue in the city of Detroit, and thence passing By a certain place-in said city, usually called the “Old Burying Ground,”' to. tbe Fort Gratiot road, in said city.
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Case reserved from Wayne District Court. This was: an indictment for obstructing a highway, which-was described as commonly called “ Lane to Burying Ground, or “Street leading to Burying Ground,” leading from Jefferson Avenue in the city of Detroit, and thence passing By a certain place-in said city, usually called the “Old Burying Ground,”' to. tbe Fort Gratiot road, in said city. The cause was tried before the Hon. B. F. H. Withered,. Presiding Judge at tbe September term, 1845, of tbe District Court. The jury returned a special verdict, finding the following facts, viz: — From the evidence…
1Opinion of the CourtGoodwin, J.
The questions reserved for the opinion of this court, in the case presented, are,
1. Was the testimony offered by the defendant and received subject to the objection made to it, admissible ?
2. Under the law applicable to the special finding, is the defendant guilty, or not guilty, of the offence charged in the indictment ?
On the part of the prosecution it is insisted, that the alleged highway was dedicated to the public use as a public street or highway, by the record of the plat of 1S36, on which it was laid out and designated as “Street leading to Burying Ground,” and by the subsequent…
2Cases cited4 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- In re opening Thirty-second streetNew York Supreme Court · 1838
- Willoughby v. JenksNew York Supreme Court · 1838
3Cited by10 opinions
- Village of Grandville v. JenisonMichigan Supreme Court · 1890
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
- Field v. Village of ManchesterMichigan Supreme Court · 1875
- Diamond Match Co. v. Village of OntonagonMichigan Supreme Court · 1888
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