Specht v. City of Detroit
Michigan Supreme Court
Certiorari: To the Eecorder’s Court for the City of Detroit, to review the proceedings for opening and extending an alley between Lafayette avenue and Howard street, from the west line of the Woodbridge Farm to Twelfth street, in the Ninth Ward of the city of Detroit.
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Certiorari: To the Eecorder’s Court for the City of Detroit, to review the proceedings for opening and extending an alley between Lafayette avenue and Howard street, from the west line of the Woodbridge Farm to Twelfth street, in the Ninth Ward of the city of Detroit. On 18th May, 1869, the Common Council passed a resolution, as follows: “ Be it resolved, by the Common Council of the City of Detroit, That it is necessary to open and extend an alley between Lafayette avenue and Howard street, from the west line of the Woodbridge Farm to Twelfth street, in the Ninth Ward, described by metes and…
1Opinion of the CourtGrates, J.
It is objected by the city that this proceeding by certiorari is not warranted, because the plaintiff in the writ had a complete remedy by appeal, of which he neglected to avail himself, and thus having suffered the time for appealing to pass without an effort to resort to that mode before sueing out the certiorari, the judgment of the Recorder’s Court became conclusive.
The authority to award the writ in this class of cases results from the Constitution and cannot be taken away by legislative enactment. It is true that legislative provisions in given instances, may supersede the necessity for…
2Cases cited1 opinion
- Farrell v. TaylorMichigan Supreme Court · 1863
3Cited by7 opinions
- City of Sheridan v. CadleWyoming Supreme Court · 1916
- Hartz v. JudgeMichigan Supreme Court · 1910
- Valentine v. MaloneMichigan Supreme Court · 1934
- Common Council of Houghton v. Huron Copper Mining Co.Michigan Supreme Court · 1885
- Bingham Farms v. FerrisMichigan Court of Appeals · 1986
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