Pettinger v. People
Michigan Supreme Court
Error to Oakland Circuit. Joseph J. Pefctinger was convicted in the Circuit Court for the County of Oakland, upon the information of the Prosecuting Attorney of that county, charging him with the obstruction of a highway. The record is brought into this Court by writ of error.
1Per curiam
The statute of 1861 provides that the penalty for obstructing a highway shall be a sum not exceeding $25, to be recovered in an action of trespass, “or the collection of such penalty may be made in accordance with any other law for that purpose,” &c. L. 1861, p. 158. The effect of such a provision must be to supersede any greater penaltj, while it would permit the collection to be made in any way consistent with law. But we think it cannot be done by indictment or information. It does not come within the general clause of the statute relating to undefined misdemeanors, for that only reaches…
2Cases cited1 opinion
- People v. CarpenterMichigan Supreme Court · 1849
3Cited by3 opinions
- Bishop v. VandercookMichigan Supreme Court · 1924
- Yerkes v. SmithMichigan Supreme Court · 1909
- People v. DixonMichigan Supreme Court · 1915