Grand Rapids & Indiana Railway Co. v. Allegan Circuit Judge
Michigan Supreme Court
Mandamus by the Grand Rapids & Indiana Railway Company to compel Orien S. Cross, circuit judge of Allegan county, to vacate an order denying a motion for additional writs of certiorari in certáin drain proceedings. This is an application for mandamus to compel the vacation of an order of the circuit judge denying a motion to issue additional writs of certiorari to review proceedings for cleaning out, deepening, and extending the Bisbee drain.
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Mandamus by the Grand Rapids & Indiana Railway Company to compel Orien S. Cross, circuit judge of Allegan county, to vacate an order denying a motion for additional writs of certiorari in certáin drain proceedings. This is an application for mandamus to compel the vacation of an order of the circuit judge denying a motion to issue additional writs of certiorari to review proceedings for cleaning out, deepening, and extending the Bisbee drain. The record discloses that on May 24, 1917, the drain commissioners of Allegan county and Kent county made a final order of determination in connection…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is the contention of counsel for defendant that the circuit court was without power to grant the additional writs of certiorari. This position is predicated upon the fact that the statute, 1 Comp. Laws 1915, § 4908, provides that notice of such certiorari shall be served upon the county drain commissioners within ten days after the final order of determination has been filed. It *103appears to be conceded that the railway company proceeded strictly in accordance with the terms of the statute to secure a review in the circuit court, but the return of the drain…
2Cases cited2 opinions
- Bowlby v. Mayor of DoverSupreme Court of New Jersey · 1899
- People ex rel. West v. City of SyracuseNew York Supreme Court · 1899
3Cited by1 opinion
- School District No. 1 v. Joint Township BoardsMichigan Supreme Court · 1925