Legal Opinion

Kundinger v. City of Saginaw

Michigan Supreme Court

Decided January 27, 1886PublishedCited by 23 opinions

Certiorari to city of Saginaw. Proceedings quashed. The facts are stated in the opinion.

1Opinion of the CourtChamplin, J.

This writ was sued out for the purpose of obtaining a review of the proceedings had by the city of Saginaw in laying out, opening a street in that city, and taking private property therefor, including therein the property of plaintiff in error. He claims (1) that title 4 of the charter, being local act No. 227 of the Laws of 1883, under which the condemnation proceedings were had, is null and void for eight reasons:

“ (1) It nowhere requires the jury who are to condemn the land to be composed of parties not interested in opening the street. A juror has simply to swear that he is not interested…

2Cases cited9 opinions

  1. Owners of Ground v. Mayor of AlbanyNew York Supreme Court · 1836
  2. Swan v. WilliamsMichigan Supreme Court · 1852
  3. Kramer v. Cleveland & Pittsburgh RailroadOhio Supreme Court · 1855
  4. Seifert v. BrooksWisconsin Supreme Court · 1874
  5. Wilson v. HathawaySupreme Court of Iowa · 1875

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3Cited by23 opinions

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  2. Dietz v. City of NeenahWisconsin Supreme Court · 1895
  3. Sullivan v. HaugMichigan Supreme Court · 1890
  4. Sterritt v. YoungWyoming Supreme Court · 1905
  5. Hendershott v. RogersMichigan Supreme Court · 1927

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