City of Detroit v. Heineman
Michigan Supreme Court
Appeal from recorder’s court of Detroit; Phelan, J. Petition by the city of Detroit against David E. Heine-man and Joseph M. Weiss to condemn land for a public alley. From a judgment for petitioner, respondents appeal. This is a proceeding under chapter 90, 1 Comp, £aws, to condemn land for a public alley. A jury was duly impaneled under section 6 (1 Comp. Laws, § 3397), proofs were taken, and nominal damages awarded.
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Appeal from recorder’s court of Detroit; Phelan, J. Petition by the city of Detroit against David E. Heine-man and Joseph M. Weiss to condemn land for a public alley. From a judgment for petitioner, respondents appeal. This is a proceeding under chapter 90, 1 Comp, £aws, to condemn land for a public alley. A jury was duly impaneled under section 6 (1 Comp. Laws, § 3397), proofs were taken, and nominal damages awarded. Some of the jurors had served in street-opening cases within three years previously, and were challenged for that reason, but the challenge was overruled.
1Opinion of the CourtGrant, J.
Were these jurors disqualified? is the sole question presented. Section 6, after providing the number, qualifications, and method of drawing the jurors, provides:
“The practice and proceedings under this act, except as herein provided, relative to impaneling, summoning, and excusing jurors and talesmen, and imposing penalties or fines upon them for non-attendance, shall be the same as the practice and proceedings of the circuit courts of the State relative to petit jurors in civil cases in such courts, except that peremptory challenges shall not be allowed.”
Section 5 of the law in regard to…
2Cited by1 opinion
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