Babcock v. McJury
Michigan Supreme Court
Appeal from St. ■ Joseph. (Loveridge, J.) Bill filed to remove encroachments from, and to restrain highway commissioner from discontinuing, a highway. Defendants appeal from an order overruling a special demurrer to the bill. The facts are stated in the opinion.
1Opinion of the CourtSherwood, C. J.
Appeal from St. Joseph circuit, in *317chancery. The bill in this case is filed to remove encroachments upon a highway, and for an injunction restraining the highway commissioner from discontinuing same.
The prayer of the bill for general relief is that McJury may be required to remove said encroachments from said highway, and for such other relief against him as shall be agreeable to equity, etc. This is followed by a prayer for an injunction against Smith to prevent him from discontinuing said highway.
The defendants demur, alleging as grounds therefor—
“ 1. That the complainant has not, in and by…
2Cases cited1 opinion
- Turck v. SouleMichigan Supreme Court · 1884
3Cited by2 opinions
- Robinson v. KunklemanMichigan Supreme Court · 1898
- Taylor v. TaylorMichigan Supreme Court · 1891