Legal Opinion

United States Gypsum Co. v. Kent Circuit Judge

Michigan Supreme Court

Decided January 31, 1908PublishedCited by 26 opinions

Mandamus by the United States Gypsum Company and others to compel Willis B. Perkins, circuit judge of Kent county, to vacate an order setting aside certain condemnation proceedings.

1Opinion of the CourtOstrander, J.

The Pere Marquette Railroad Company proceeded in the probate court for the county of Kent to condemn certain lands for a right of way. To the petition an answer was filed by relators, by which the sufficiency of various averments of the petition is challenged as well as the truth of some of them, and, among others, an issue of fact was made, the substance and effect of which is sufficiently indicated by the following quotation from the answer:

“ In further defénse of this action, we allege that this court has no jurisdiction to entertain this proceeding because the same is not in fact…

2Cases cited29 opinions

  1. Toledo, Ann Arbor & Grand Trunk Railway Co. v. DunlapMichigan Supreme Court · 1882
  2. Holbrook v. CookMichigan Supreme Court · 1858
  3. Taggart ex rel. Mason v. PerkinsMichigan Supreme Court · 1889
  4. Board of Health v. Van HoesenMichigan Supreme Court · 1891
  5. Port Huron & South-Western Railway Co. v. VoorheisMichigan Supreme Court · 1883

24 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. In Re Brewster Street Housing SiteMichigan Supreme Court · 1939
  2. In Re Estate of MeredithMichigan Supreme Court · 1936
  3. In Re Chamberlain's EstateMichigan Supreme Court · 1941
  4. In Re Quinney's EstateMichigan Supreme Court · 1939
  5. Pioneer Mortgage Co. v. CarterSupreme Court of Oklahoma · 1921

21 more not listed; retrieve them via the Exa API.

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