Darrow v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
Michigan Supreme Court
Error to Delta; Flannigan, J. Ejectment by John Darrow and others against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. Judgment for defendant upon a directed verdict. Plaintiffs bring error.
1Opinion
On Rehearing.
Bird, J.
The application for a rehearing in this case brought to our attention the statement that the lands involved herein were used by defendant in the operation of its railway. Fearing lest we had overlooked this point, we granted .the application for a rehearing. Upon the rehearing it was pointed out by plaintiffs’ attorney that this ground of relief was not raised by the defendant, either upon the oral argument or in its briefs in this court, and therefore could not, under the rule, be considered on rehearing, citing in support thereof Hutchins v. Kimmell, 31 Mich. 126 (18…
2Cases cited7 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Griffin v. KennedyMichigan Supreme Court · 1907
- Smith v. WalkerMichigan Supreme Court · 1885
- Nissly v. Detroit, Jackson & Chicago Railway Co.Michigan Supreme Court · 1911
- Beuthien v. DillonMichigan Supreme Court · 1910
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