East Saginaw & St. Clair Railroad v. Benham
Michigan Supreme Court
Appeal from Saginaw Circuit. These were proceedings under the statute to condemn lands for the use of a railroad. The petition was as follows: To the Circuit Court for the County of Saginaw: “Your petitioner, the East Saginaw & St. Clair railroad company, respectfully shows that it is a corporation duly organized under the laws of this state for the purpose of constructing, operating and maintaining a railroad from the Saginaw river at South Saginaw, tbence through East…
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Appeal from Saginaw Circuit. These were proceedings under the statute to condemn lands for the use of a railroad. The petition was as follows: To the Circuit Court for the County of Saginaw: “Your petitioner, the East Saginaw & St. Clair railroad company, respectfully shows that it is a corporation duly organized under the laws of this state for the purpose of constructing, operating and maintaining a railroad from the Saginaw river at South Saginaw, tbence through East Saginaw and Vassar to the St. Clair river, a distance of ninety-five miles as near as may be; that the capital stock of said…
1Opinion of the CourtCooley, J.
None of the objections made to the proceedings to condemn land in this case appear to us well taken.
The oath of the jurors is not to be construed by itself, but as a part of the proceeding in which it was taken; and so construed, everything the statute requires is there in substance if not in form.
*463The report of the jury was correct in awarding an undivided sum to the two claimants. The petition treated their interest as joint; they appeared jointly, and jointly demanded a jury. Their own action precludes them from insisting that their interests should have been separately regarded.
There is no…
2Cases cited1 opinion
- Mansfield, Coldwater & Lake Michigan Railroad v. ClarkMichigan Supreme Court · 1871
3Cited by8 opinions
- Perkins v. HaywardIndiana Supreme Court · 1890
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Zigler v. MengesIndiana Supreme Court · 1889
- State Tax-Law CasesMichigan Supreme Court · 1884
- Michigan Air Line Railway v. BarnesMichigan Supreme Court · 1880
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