City of Detroit v. Board of Public Works
Michigan Supreme Court
Appeal in Chancery from Wayne Circuit. The common council of the city of Detroit filed their hill in the circuit court for the county of Wayne, in chancery, against the Board of Public Works of the city of Detroit, Henry H. LeBoy, William Purcell, Deodatus C. Whitwood and Julius Stoll, to determine the validity of the act of the legislature, under which the corporation defendant derived its powers, and the individual defendants their offices as members of the board.
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Appeal in Chancery from Wayne Circuit. The common council of the city of Detroit filed their hill in the circuit court for the county of Wayne, in chancery, against the Board of Public Works of the city of Detroit, Henry H. LeBoy, William Purcell, Deodatus C. Whitwood and Julius Stoll, to determine the validity of the act of the legislature, under which the corporation defendant derived its powers, and the individual defendants their offices as members of the board. The defendants having demurred to the hill, the cause was heard upon the demurrer, which was overruled and a final decree…
1Opinion of the CourtChristiancy, J.
The legislature óf 1871 passed an act entitled “ An act to establish a board of public works in and for the city of Detroit/’ which was approved April 18, 1871, and, by the last section, was declared to take effect on the first Monday in August, 1871 (though some of its enactments by their terms were not to go into operation till the first day of January, 1872).
This act (among other provisions) enacts:
Section 1. The People of the State of Michigan enact, That there shall be constituted for the city of Detroit a board of public works, composed of four persons, who shall he freeholders and…
2Cases cited4 opinions
- Cochran v. McClearySupreme Court of Iowa · 1867
- Tappan v. GrayNew York Court of Chancery · 1842
- People ex rel. Wood v. DraperNew York Supreme Court · 1857
- Markle v. WrightIndiana Supreme Court · 1859
3Cited by6 opinions
- Moulton v. ReidSupreme Court of Alabama · 1875
- Gildemeister v. LindsayMichigan Supreme Court · 1920
- Frey v. MichieMichigan Supreme Court · 1888
- Todd v. HullMichigan Supreme Court · 1939
- Stenglein v. Saginaw Circuit JudgeMichigan Supreme Court · 1901
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