Manistee & Northeastern Railroad v. Fowler

In this case the petitioning railroad company applied to the judge of probate of Manistee county to have proceedings taken to condemn lands owned by respondent, Fowler. The hearing was appointed for July 5, 1888, at which time certain proceedings were had by way of demurrer and pleading in abatement, in all of which the judge of probate decided against respondent. One of the facts considered as material was whether the petition properly described the lands; it being claimed that they consisted of lots and blocks, while the petition set them out by reference merely to an original United States…