City of Detroit v. Detroit Railway
Michigan Supreme Court
Error to Wayne; Brooke, J. Assumpsit by the city of Detroit against the Detroit Railway for work done and materials furnished. From a judgment for plaintiff, defendant brings error. In December, 1894, the city of Detroit, by ordinance, granted its consent to the construction of a street railway by appellant through certain streets of the city.
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Error to Wayne; Brooke, J. Assumpsit by the city of Detroit against the Detroit Railway for work done and materials furnished. From a judgment for plaintiff, defendant brings error. In December, 1894, the city of Detroit, by ordinance, granted its consent to the construction of a street railway by appellant through certain streets of the city. The company proceeded with the construction of the road, and in the years 1895, 1896, and 1897 incurred a liability to the city for the expense of supervision by the board of public works, and for work done by the city and materials furnished. An…
1Opinion of the CourtMontgomery, J.
(after stating the facts). A question of great importance to practitioners was presented on the trial of this case. A number of the jurors called in the case were taxpayers in the city of Detroit. They were challenged for cause on the ground of interest. Were they competent jurors? There is no statute of this State to which our attention has been directed which, with respect to this case, modifies the common-law qualifications of jurors. It is provided by section 10226, 3 Comp. Laws, that, “in penal aétions for the recovery of any sum, it shall not be a good cause of challenge that a juror is…
2Cases cited10 opinions
- City of Dallas v. PeacockTexas Supreme Court · 1895
- Smith v. German InsuranceMichigan Supreme Court · 1895
- Kemper v. City of LouisvilleCourt of Appeals of Kentucky · 1878
- City of Marshall v. McAllisterCourt of Appeals of Texas · 1898
- Jackson v. PoolTennessee Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brooks v. Secretary of the CommonwealthMassachusetts Supreme Judicial Court · 1926
- Maddex v. ColumberOhio Supreme Court · 1926
- Church v. StoldtMichigan Supreme Court · 1921
- Attorney General ex rel. Brotherton v. Common CouncilMichigan Supreme Court · 1907
- City of Jackson v. McFaddenMississippi Supreme Court · 1937
12 more not listed; retrieve them via the Exa API.