Legal Opinion

Hinchman v. City of Detroit

Michigan Supreme Court

Decided November 16, 1861PublishedCited by 6 opinions

Appeal from Wayne Circuit in Chancery. November 22, 1859, the Common Council of Detroit passed the following resolution: “Be it resolved by the Common Council of the city of Detroit, That it is necessary to make the following described improvement in said city, to wit: To vacate all that portion of the Campus Martius, so called, in said city, in the county of Wayne, and State of Michigan, lying west of Woodward avenue, and between Michigan avenue and Fort street, in said…

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Appeal from Wayne Circuit in Chancery. November 22, 1859, the Common Council of Detroit passed the following resolution: “Be it resolved by the Common Council of the city of Detroit, That it is necessary to make the following described improvement in said city, to wit: To vacate all that portion of the Campus Martius, so called, in said city, in the county of Wayne, and State of Michigan, lying west of Woodward avenue, and between Michigan avenue and Fort street, in said city. And the said Common Council do hereby declare that they will, on the first Monday in January,, a. d. 1860, at the…

1Opinion of the Court

Martin Ch. J.:

So far as the complainants ask for an injunction upon the ground that the vacation of a portion of Campus Martius, and the erection of a City Hall thereon, creates a nuisance, the answer having denied all the equity of the bill, and set out a state of facts wholly inconsistent with such relief, and no proofs having been exhibited, the bill was properly dismissed. But the case does not appear to have been brought into this court upon that ground solely, but also for supposed defects and irregularities in the proceedings in the Recorder’s Court; and to these the evidence is…

2Cited by6 opinions

  1. City of Detroit v. Judge of Recorder's CourtMichigan Supreme Court · 1930
  2. Board of Education v. City of DetroitMichigan Supreme Court · 1875
  3. Riggs v. Board of EducationMichigan Supreme Court · 1873
  4. Cicotte v. Theophile AnciauxMichigan Supreme Court · 1884
  5. Cooper v. City of DetroitMichigan Supreme Court · 1880

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