Sage v. Laurain
Michigan Supreme Court
Error to Wayne Circuit. This was an action of trespass on the case brought by Michael Sage against Joseph Laurain, Michael Markey and Thomas Sullivan, who were Highway Commissioners of the township of Springwells, for an alleged malicious exercise of their power in causing a petition to be brought before them as such Commissioners for the laying out of a highway and acting upon such petition with the intention of injuring and oppressing the plaintiff.
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Error to Wayne Circuit. This was an action of trespass on the case brought by Michael Sage against Joseph Laurain, Michael Markey and Thomas Sullivan, who were Highway Commissioners of the township of Springwells, for an alleged malicious exercise of their power in causing a petition to be brought before them as such Commissioners for the laying out of a highway and acting upon such petition with the intention of injuring and oppressing the plaintiff. On the trial the defendants’ counsel requested the Court to charge the jury: First — That the declaration in this case is against the…
1Opinion of the Court
Campbell J.
Defendants,' who are Highway Commissioners were sued for having “ falsely, wrongfully and maliciously, without any reasonable cause therefor and without the public necessity requiring it” caused a petition to be prepared and presented to them for a public highway over the property of plaintiff, and without reasonable cause or public necessity etc., determined that a highway should be opened and recorded; and that their proceedings were subsequently reversed.
The injury complained of is not a trespass on plaintiff’s lands under void proceedings. For such a trespass some one would be…
2Cited by8 opinions
- Rains v. SimpsonTexas Supreme Court · 1878
- Raynsford v. PhelpsMichigan Supreme Court · 1880
- State v. Board of Public WorksSupreme Court of New Jersey · 1894
- Stewart v. CaseSupreme Court of Minnesota · 1893
- Smith v. CarlowMichigan Supreme Court · 1897
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