DeSale v. Millard
Michigan Supreme Court
Appeal from Wayne; Donovan, J. Bill by Albert H. DeSale against William J. Millard and Thomas Martin to restrain the closing of a private alley. From a decree dismissing the bill, complainant appeals.
1Opinion of the CourtGrant, J.
The object of this suit is to enjoin defendants from closing a private alley alleged to exist in rear of the defendants’ lots and the one occupied by the complainant. Complainant is a tenant, and evidently is not the real party prosecuting this suit. He was not sworn as a witness. There are four lots in the block, the defendants ownings the outside lots, and complainant occupying one of the inside lots. The alley is a little less than seven feet wide.
Several defenses are raised, of which we need mention but one. The defendants contend that the alley was closed by the mutual consent and…
2Cases cited4 opinions
- Tawas & Bay County Railroad v. Circuit JudgeMichigan Supreme Court · 1880
- People ex rel. Messler v. SimonsonMichigan Supreme Court · 1862
- Gantz v. TolesMichigan Supreme Court · 1879
- Soule v. HoughMichigan Supreme Court · 1881
3Cited by2 opinions
- City of Mt. Clemens v. Mt. Clemens Sanitarium Co.Michigan Supreme Court · 1901
- Detroit Mineral Bath Co. v. Stroh Brewery Co.Michigan Supreme Court · 1908