Boussneur v. City of Detroit
Michigan Supreme Court
Appeal from Wayne; Mandell, J. Bill by John N. Boussneur against the city of Detroit and Thomas M. Lucking, receiver of taxes, to enjoin the collection of an assessment. Horace H. Dickinson and others intervened as parties complainant praying the same relief. From a decree for complainants, defendants appeal. In 1902 proceedings were instituted in the recorder’s court for the city of Detroit for the opening of Hancock avenue from Fourteenth avenue to Grand River avenue.
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Appeal from Wayne; Mandell, J. Bill by John N. Boussneur against the city of Detroit and Thomas M. Lucking, receiver of taxes, to enjoin the collection of an assessment. Horace H. Dickinson and others intervened as parties complainant praying the same relief. From a decree for complainants, defendants appeal. In 1902 proceedings were instituted in the recorder’s court for the city of Detroit for the opening of Hancock avenue from Fourteenth avenue to Grand River avenue. The jury duly impaneled in that case determined that it was necessary to have this avenue opened and valued the property to…
1Opinion of the CourtCarpenter, J.
(after stating the facts). 1. The first question for our consideration is that raised by the contention of complainants that the recorder’s court had no jurisdiction because the questions of necessity and valuation of property were determined by two different juries. It is by no means clear that either the Constitution or statutes of this State forbid the practice com*588plained of. In City of Detroit v. Beecher, 75 Mich. 454 (4 L. R. A. 813), in an appeal from proceedings instituted for the purpose of opening a street, this court affirmed the judgment with the exception of the valuation of three…
2Cases cited4 opinions
- City of Detroit v. BeecherMichigan Supreme Court · 1889
- Scotten v. City of DetroitMichigan Supreme Court · 1895
- Grand Rapids & Indiana Railway Co. v. City of Grand RapidsMichigan Supreme Court · 1904
- Birkett v. Western Union Telegraph Co.Michigan Supreme Court · 1894
3Cited by1 opinion
- Weber v. City of DetroitMichigan Supreme Court · 1909