Legal Opinion

Roberts v. Highway Commissioners

Michigan Supreme Court

Decided April 23, 1872PublishedCited by 8 opinions

Certiorari to the commissioners of highways, John Spinks, township clerk of the township of Cottrellville in the county of St. Clair, and Peter Krieder, justice of the peace, to bring up for review proceedings under sections 1087 and 1089, Compiled Laws, for an alleged encroachment upon a highway by Samuel Roberts.

1Opinion of the Court

Christiancy, Ch. J.

When this case was before us at the last October term (21¡. Mich., 182), upon a writ of cei'tiorari, issued to the commissioners of highways, and to John Spinks, with a return signed only by John Spinks, township clerk, without appearing to have been made by the authority or direction of the commissioners, we held that this was not an official return of the commissioners; and as the main questions sought to be litigated grew out of the evidence submitted to the jury on the trial of the encroachment, and what purported to be testimony taken down by Spinks, the township…

2Cited by8 opinions

  1. Gregory v. KnightMichigan Supreme Court · 1883
  2. Beecher v. PeopleMichigan Supreme Court · 1878
  3. Campau v. ButtonMichigan Supreme Court · 1876
  4. Riggs v. SterlingMichigan Supreme Court · 1883
  5. State v. SiegelWisconsin Supreme Court · 1882

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