People ex rel. Mead v. Highway Commissioners
Michigan Supreme Court
Certiorari to highway commissioners of Caledonia. This was a motion to remand the writ issued in this cause for a further return. On April 5, 1865, an application was made to the highway commissioners of the town of Caledonia, Shiawassee county, by the requisite number of freeholders, for the discontinuance of a certain highway therein described.
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Certiorari to highway commissioners of Caledonia. This was a motion to remand the writ issued in this cause for a further return. On April 5, 1865, an application was made to the highway commissioners of the town of Caledonia, Shiawassee county, by the requisite number of freeholders, for the discontinuance of a certain highway therein described. Said commissipners having appointed a time and place for meeting, met accordingly, and made an order discontinuing said highway, which order is dated April 18, 1865. The return of the highway commissioners to the writ did not show that any notice was…
1Opinion of the Court
Per Ouriam.
Where a highway is discontinued, the record of the proceedings filed with the town clerk must show everything necessary to make the proceedings valid. In this case it is admitted the record is defective, in not showing notice to the parties interested, and it is proposed to supply the omission by having affidavits filed with the town clerk to show that proper notice was given. It is not denied that the proceedings on file in that office must in some way show this. Whether the commissioners who made the return to the clerk could make any subsequent addition or amendments to it under…
2Cited by3 opinions
- Brophy v. SchindlerMichigan Supreme Court · 1901
- Van Auken v. Highway CommissionersMichigan Supreme Court · 1873
- Farrer v. Highway CommissionersCircuit Court of the 43rd Circuit of Michigan · 1871