Legal Opinion

Page v. Boehmer

Michigan Supreme Court

Decided November 30, 1908No. Docket No. 62PublishedCited by 6 opinions

Error to Calhoun; North, J. Trespass quare clausum fregit by James C. Page against Hugh Boehmer and others. There was judgment for defendants, and plaintiff brings error.

1Opinion of the CourtBlair, J.

This was an action to recover damages for an alleged trespass in removing a certain fence in the township of Lee, in Calhoun county. The defendants justified under the claimed statutory authority of the defendant Stultz to remove the fence as an obstruction of a public highway. The proceedings to lay out the alleged highway were founded upon a petition signed, among others, by William H. Hoag, describing the proposed highway as follows:

“Commencing on the section line running east and west between sections twenty (20) and twenty-nine (29) of said township where said section line intersects the…

2Cases cited3 opinions

  1. Baltimore, Ohio & Chicago Railroad v. JohnsonIndiana Supreme Court · 1882
  2. Branch v. LewerenzSupreme Court of Connecticut · 1902
  3. Pool v. BreeseIllinois Supreme Court · 1885

3Cited by6 opinions

  1. Commonwealth ex rel. State Highway Commission v. KinzieSupreme Court of Virginia · 1936
  2. Gorham v. JohnsonMichigan Supreme Court · 1909
  3. Martinson v. Town of Eagle CreekSupreme Court of Minnesota · 1915
  4. Yeatter v. MyersMichigan Supreme Court · 1928
  5. Hoag v. BoehmerMichigan Supreme Court · 1910

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