Legal Opinion

Longyear v. Toolan

Supreme Court of the United States

Decided April 6, 1908No. 177PublishedCited by 35 opinions

ERROR TO THE SUPREME'COURT OF THE STATE OF MICHIGAN. The facts are stated in the opinion. When notice by statute is relied on to supply the place of process it must contain the‘elements of notice and must be as definite and certain in all the. essentials of notice as any other legal process.

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ERROR TO THE SUPREME'COURT OF THE STATE OF MICHIGAN. The facts are stated in the opinion. When notice by statute is relied on to supply the place of process it must contain the‘elements of notice and must be as definite and certain in all the. essentials of notice as any other legal process. If a statute is deficient in respect to prescribing with certainty the time and place of hearing, the defect cannot be supplied by publication of the notice unless the statute also fixes definitely the time and place when and where the publication shall be made and so furnishes, by reference, a means of…

1Opinion of the Court

Mk. Justice Moody

delivered the opinion of the court.

This is a writ of error to the Supreme Court of Michigan. That court rendered judgment for the. defendants in error, who were the original plaintiffs, against the plaintiff in error, who was the original defendant, in an action of ejectment to recover a certain lot of land. The defendant was at one tim§ the owner of the land in dispute, but it was conveyed to the plaintiffs by a deed given in pursuance of a sale for taxes’. The-.title to the land depends upon the validity of - the tax title, which was upheld by the court below.’ The issue in…

2Cases cited2 opinions

  1. Winona & St. Peter Land Co. v. MinnesotaSupreme Court of the United States · 1895
  2. Leigh v. GreenSupreme Court of the United States · 1904

3Cited by35 opinions

  1. Greene v. LindseySupreme Court of the United States · 1982
  2. McCann v. ScadutoNew York Court of Appeals · 1987
  3. Dow v. State of MichiganMichigan Supreme Court · 1976
  4. Spitcaufsky v. HattenSupreme Court of Missouri · 1944
  5. City of New Rochelle v. Echo Bay Waterfront Corp.Appellate Division of the Supreme Court of the State of New York · 1944

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