Fort Street Union Depot Co. v. Backus
Michigan Supreme Court
Appeal from Wayne. (Gartner, J.) Proceedings to condemn land for union depot purposes, under Act No. 244, Laws of 1881 (How. Stat. chap. 93). Petitioner appeals from an award of $96,143 in favor of respondents. Award set aside, and the question of damages ordered submitted to a new jury, to be impaneled according to the statute before the Wayne circuit court. The facts are stated in the opinion.
1Opinion of the CourtLong, J.
This cause was before this Court at the October term, 1891, and an opinion filed December 21, which is reported in 89 Mich. 209.
That proceeding was for mandamus to compel the court below to set aside the order made by it granting a new trial, and to compel that court to confirm the award made by the jury. The case is entitled “Backus v. Gartner, Circuit Judge.”
It appeared in that proceeding that a motion was made in that court by the petitioner in the present case to vacate and set aside the verdict of the jury. The circuit court set the verdict and award of the jury aside, and the mandamus…
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