Arnold v. Village of Decatur
Michigan Supreme Court
Certiorari to Chester H. Hopkins, justice of the peace.. This was a proceeding to take private property to widen a street in the village of Decatur.
1Opinion of the CourtCooley, J.
The point made in this case, that an attempt hr agree with the owner upon a purchase of the premises was a condition precedent to adverse proceedings, was ruled in Chicago &c. R. R. Co. v. Sanford, 23 Mich., 418.
That it was essential the jury should pass upon the necessity for the taking was decided in Mansfield &c. R. R. Co. v. Clark, 23 Mich., 519; Grand Rapids &c. R. R. Co. v. Van Driele, 24 Mich., 409 ; and McClary v. Hartwell, 25 Mich., 139.
On these two grounds the proceedings must be reversed* with costs.
Campbell, J., and Graves, Gil J., concurred. Ohristiancy, J., did not sit in this…
2Cases cited4 opinions
- Chicago & Michigan Lake Shore Railroad v. SanfordMichigan Supreme Court · 1871
- Mansfield, Coldwater & Lake Michigan Railroad v. ClarkMichigan Supreme Court · 1871
- McClary v. HartwellMichigan Supreme Court · 1872
- Grand Rapids, Newaygo & Lake Shore Railroad v. Van DrieleMichigan Supreme Court · 1872
3Cited by7 opinions
- Risser v. HoytMichigan Supreme Court · 1884
- Paul v. City of DetroitMichigan Supreme Court · 1875
- In Re Childress TrustMichigan Court of Appeals · 1992
- Dickinson v. Van WormerMichigan Supreme Court · 1878
- Childress v. AngelMichigan Court of Appeals · 1992
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