Derby v. Gage
Michigan Supreme Court
Mandamus. The facts are stated in the opinion. Kespondent excuses himself from enforcing the order made for the payment of costs, on the ground that the statutes providing for condemnation proceedings make no provision for such enforcement. Conceding this fact, yet the court lias power to enforce the order which the statute requires it to make. We have two general statutes giving courts of record power to enforce their orders: How.
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Mandamus. The facts are stated in the opinion. Kespondent excuses himself from enforcing the order made for the payment of costs, on the ground that the statutes providing for condemnation proceedings make no provision for such enforcement. Conceding this fact, yet the court lias power to enforce the order which the statute requires it to make. We have two general statutes giving courts of record power to enforce their orders: How. Stat. § 7257, which has been construed in Haines v. Haines, 35 Mich. 138; North v. North, 39 Mich. 67; also How. Stat. § 7260, which has been passed upon in Brown…
1Opinion of the CourtChamplin, J.
It appears from the petition of the relators and the return of the respondent that the Flint & Pere Marquette Railroad Company applied by petition for a right of way for its railroad through Water street in the city of East Saginaw.
A jury was impaneled to determine the damages and compensation to be awarded to the owners, of whom there appears to have been fifteen or more, and who appeared by seven different attorneys. The jury awarded damages to John P. Derby to the amount of $1,000, and to Michael Jeffers to the amount of $1,600. The report of the jury was confirmed on the motion of the…
2Cases cited2 opinions
- Stacey v. Vermont Central RailroadSupreme Court of Vermont · 1854
- Chicago & Milwaukee Railroad v. BullIllinois Supreme Court · 1858
3Cited by3 opinions
- Reynolds v. Railway Co.Supreme Court of Arkansas · 1894
- Fort Street Union Depot Co. v. BackusMichigan Supreme Court · 1895
- Cynthia Barton-Spencer v. Farm Bureau Life Insurance Company of MiMichigan Supreme Court · 2017