In re Lantis
Michigan Supreme Court
Certiorari to tbe Jackson Circuit Court. Proceedings having been had in Jackson county, under “An Act to provide for the draining of swamps, marshes and other lowlands,” approved February 17, 1857 (Comp, L. p. 444) the report of the commissioners was filed in the Circuit Court, and by that court confirmed September 26, 1859. Martin Lantis and others appeared in the Circuit Court and opposed the confirmation of the report, and on August 23, 1860, sued out a writ of certiorari…
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Certiorari to tbe Jackson Circuit Court. Proceedings having been had in Jackson county, under “An Act to provide for the draining of swamps, marshes and other lowlands,” approved February 17, 1857 (Comp, L. p. 444) the report of the commissioners was filed in the Circuit Court, and by that court confirmed September 26, 1859. Martin Lantis and others appeared in the Circuit Court and opposed the confirmation of the report, and on August 23, 1860, sued out a writ of certiorari to remove the proceedings into this court. Some of the errors assigned on this writ are of a jurisdictional character —…
1Dissent
Campbell J.
dissenting:
I can not concur in the decision quashing the certiorari in this cause. The statute has allowed the writ to be issued at any.time within two years; and this being so, a mere delay ought not of itself to be any ground of dismissal, where the writ is allowed in time. The objections to the report and proceedings are objections of a jurisdictional nature, apparent on the face of the papers, and if valid, parties acting on the faith of the report must act at their peril, and are not put in any better condition by allowing the action of the Circuit Court to stand. They are not…
2Cases cited2 opinions
- Patchin v. Mayor of BrooklynNew York Supreme Court · 1835
- American Insurance v. Dunham & WadsworthCourt for the Trial of Impeachments and Correction of Errors · 1835