Grand Rapids, Newaygo & Lake Shore Railroad v. Alley

Campbell, J:

The appellee, a railroad company organized under the general railroad laws of this state, applied to the probate court of Newaygo county to obtain a condemnation of lands. It set forth that only three parcels were required to be taken *17in that county, one belonging to Benjamin Coolbaugh, a second to Samuel Thomas, and a third to respondents, George Alley and George M. Smith, and Charles G. Alley and James Alley.

Upon the day when the parties were required to appear, the respondents appeared, but no service was shown on Charles G. Alley or James Alley, and as to them the petition was…