Legal Opinion

City of Detroit v. Weil

Michigan Supreme Court

Decided June 1, 1914No. Docket No. 116PublishedCited by 22 opinions

Certiorari to Wayne; Mandell, J. Petition by the city of Detroit against Henry M. Weil and others for the taking of private property for public use, etc. From an order sustaining a demurrer to defendant’s plea to the jurisdiction, defendant Weil brings error.

1Opinion of the CourtKuhn, J.

(after stating the facts). It is clear from the reading of the local act of 1903 that it was the intention of the legislature that all proceedings to take private property for the use and benefit of the public in the city of Detroit should “be held and prosecuted under the provisions of this act and no *598other.” Act No. 149, Pub. Acts 1911, containing no repealing clause, it must also be clear that it. did not repeal the local act in question. The general legal principles applicable were recently stated by this court in Hopkins v. Sanders, 172 Mich. 227, 235, 236 (137 N. W. 709), when it was…

2Cases cited9 opinions

  1. Motz v. City of DetroitMichigan Supreme Court · 1869
  2. Arnold v. Mayor of KnoxvilleTennessee Supreme Court · 1905
  3. Hoyt v. City of East SaginawMichigan Supreme Court · 1869
  4. Woodbridge v. City of DetroitMichigan Supreme Court · 1860
  5. County of Adams v. City of QuincyIllinois Supreme Court · 1889

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3Cited by22 opinions

  1. Detroit Police Officers Ass'n. v. City of DetroitMichigan Supreme Court · 1974
  2. Wikman v. City of NoviMichigan Supreme Court · 1982
  3. Loomis v. RogersMichigan Supreme Court · 1917
  4. Fluckey v. City of PlymouthMichigan Supreme Court · 1960
  5. People v. BuckleyMichigan Supreme Court · 1942

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