Pere Marquette Railroad v. United States Gypsum Co.
Michigan Supreme Court
Certiorari to the probate court of Kent; Jewell, J. Condemnation proceedings by the Pere Marquette Railroad Company against the United States Gypsum Company and others. There was an order dismissing the petition for want of jurisdiction, and petitioner brings certiorari.
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Certiorari to the probate court of Kent; Jewell, J. Condemnation proceedings by the Pere Marquette Railroad Company against the United States Gypsum Company and others. There was an order dismissing the petition for want of jurisdiction, and petitioner brings certiorari. After the decision of the case of United States Gypsum Co. v. Kent Circuit Judge, 150 Mich. 668, and by special permission of the court granted in. that decision, the case is now before us by writ of certiorari from the probate court. The petitioner filed its petition in the probate court for the condemnation of a right of…
1Opinion of the CourtGrant, C. J.
{after stating the.facts). Counsel for *297the petitioner rested his case upon the proposition that the statute casts the burden of proof upon the respondent to disprove the facts stated in the petition. The statute provides :
“On presenting such petition to said court or the judge thereof at chambers, with proof of service of a copy thereof and due notice as aforesaid, all persons whose estate or interests are to be affected by the proceedings may show cause against the prayer of the petition and may disprove any of the facts alleged therein, and said court or judge shall hear the proofs and…
2Cases cited14 opinions
- Hairston v. Danville & Western Railway Co.Supreme Court of the United States · 1908
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- Chicago Dock & Canal Co. v. GarrityIllinois Supreme Court · 1885
- Railroad Co. v. Iron-WorksWest Virginia Supreme Court · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Limits Industrial Railroad v. American Spiral Pipe WorksIllinois Supreme Court · 1926
- Kinney v. Citizens Water & Light Co.Indiana Supreme Court · 1909
- Webster Sand, Gravel & Construction Co. v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1912
- Riley v. L. H. & St. L. Ry. Co.Court of Appeals of Kentucky · 1911
- City of Lansing v. Edward Rose Realty, IncMichigan Court of Appeals · 1992
6 more not listed; retrieve them via the Exa API.