Legal Opinion

Runnells v. Village of Pentwater

Michigan Supreme Court

Decided May 26, 1896PublishedCited by 5 opinions

Error to Oceana; Russell, J. Trespass de bonis by Henry Runnells against the village of Pent water. From a judgment for plaintiff, defendant brings error. The plaintiff had been engaged for four years preceding April 1, 1895, during the season of navigation, in running a ferry scow across a stream which runs through the defendant village, under yearly contracts with the defendant. The village authorities had been in the habit of letting this privilege to the highest bidder.

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Error to Oceana; Russell, J. Trespass de bonis by Henry Runnells against the village of Pent water. From a judgment for plaintiff, defendant brings error. The plaintiff had been engaged for four years preceding April 1, 1895, during the season of navigation, in running a ferry scow across a stream which runs through the defendant village, under yearly contracts with the defendant. The village authorities had been in the habit of letting this privilege to the highest bidder. He did not bid for the privilege in 1895, but claimed that the ferry slips in. the defendant village were not in the…

1Opinion of the CourtGrant, J.

(after stating the facts).

1. Error is assigned upon the introduction of a receipt for $43.75, dated May 4, 1895, and signed by the village clerk, and accompanied with an application for a license to run a ferry. It also certified that, at the time of receiving the money and application from plaintiff, the common council had not drawn any contract setting forth the rules governing the running of the ferry, or designating the amount of the bond to be given by the applicant. It is urged that this receipt did not tend to establish the right in which he claimed to be disturbed, since he claimed no…

2Cases cited3 opinions

  1. Rivard v. RivardMichigan Supreme Court · 1896
  2. Montgomery v. Muskegon Booming Co.Michigan Supreme Court · 1891
  3. Thorn v. MaurerMichigan Supreme Court · 1891

3Cited by5 opinions

  1. Sterling v. City of DetroitMichigan Supreme Court · 1903
  2. Laughlin v. Michigan Motor Freight LinesMichigan Supreme Court · 1936
  3. Case v. KluteMichigan Supreme Court · 1938
  4. Finkbinder v. ErnstMichigan Supreme Court · 1903
  5. Finkbinder v. ErnstMichigan Supreme Court · 1903

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