Pontiac & Lapeer Plank-road Co. v. Hilton

The plaintiff brought this action before a *116justice of the peace against the defendant to recover the penalty prescribed by section 17 of the plank-road act of 1848 for forcibly and illegally passing the gate of the plaintiff.

The defendant, having been defeated before the justice, appealed to the circuit court for the county of Oakland, and a judgment was again recovered by the plaintiff for the sum of $15.

The plaintiff’s declaration set forth that plaintiff was organized under the act of 1848, and the act complained of was forcibly and illegally passing the gate of the company situated on the…