Parker v. People
Michigan Supreme Court
Error to Calhoun Circuit. This was an action brought in the name of The People, by the authority of the Supervisor of Albion,’before a justice of the peace, against Charles T. Parker, under the act of 1861, “relative to obstructions and encroachments of highways” (Laws of 1861, p. 158), to recover the penalty prescribed by that act for an encroachment upon a highway; the alleged encroachment consisting of a fence which the defendant insisted was erected before the highway…
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Error to Calhoun Circuit. This was an action brought in the name of The People, by the authority of the Supervisor of Albion,’before a justice of the peace, against Charles T. Parker, under the act of 1861, “relative to obstructions and encroachments of highways” (Laws of 1861, p. 158), to recover the penalty prescribed by that act for an encroachment upon a highway; the alleged encroachment consisting of a fence which the defendant insisted was erected before the highway was laid out. The justice rendered a judgment for The People, and the cause was removed by appeal to the Circuit Court for…
1Opinion of the CourtGraves, J.
Parker was sued before a justice for the penalty of fifty cents per day, given by the act of March 11, 1861 (Sess. L. 1861, p. 153), for an alleged encroachment by fence upon a highway. The defendants in error obtained judgment, and Parker appealed. On the trial in the Circuit Court, when The People again obtained judgment, numerous exceptions were taken which are now before us for consideration and judgment.
We shall only notice one or two of these exceptions, most if not all the others being quite unimportant, and several of them being ambiguous and indefinite.
As the penalty sued for is only…
2Cited by5 opinions
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