Detroit United Railway v. Barnes Paper Co.
Michigan Supreme Court
Certiorari to Oakland; Smith, J. Eminent domain proceedings by the Detroit United Railway against the Barnes Paper Company. An order dismissing the petition is reviewed by petitioner on writ of certiorari. Plaintiff in certiorari filed its petition for the purpose of condemning a strip of land 120 feet in width and about 500 feet long belonging to defendant. Objections thereto were filed, brought on to be heard, and after a hearing the petition was dismissed.
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Certiorari to Oakland; Smith, J. Eminent domain proceedings by the Detroit United Railway against the Barnes Paper Company. An order dismissing the petition is reviewed by petitioner on writ of certiorari. Plaintiff in certiorari filed its petition for the purpose of condemning a strip of land 120 feet in width and about 500 feet long belonging to defendant. Objections thereto were filed, brought on to be heard, and after a hearing the petition was dismissed. It was made to appear that plaintiff was organized under the provisions of chapter 168, 2 Comp. Laws (Chap. 111, 8 How. Stat. [2d Ed.]…
1Opinion of the CourtOstrander, J.
(after stating the facts). While I participated in the decision and approved the opinion, handed down in Detroit United Ry. v. Paper Co., 149 Mich. 675 (113 N. W. 285), I am now convinced that this court was in error, and that the decision should be overruled. The decision rested primarily upon the idea that when the legislature passes two inconsistent acts at the same session, each amendatory of the same section of an existing statute, and each providing that the section shall be amended “ to read as follows,” both acts may be regarded as in force. The legislature of 1905 passed and. gave…
2Cases cited4 opinions
- Clay v. Pennoyer Creek Improvement Co.Michigan Supreme Court · 1876
- People ex rel. Jones v. PritchardMichigan Supreme Court · 1870
- People v. HillerMichigan Supreme Court · 1897
- Detroit United Railway v. Barnes Paper Co.Michigan Supreme Court · 1907
3Cited by9 opinions
- People v. LowellMichigan Supreme Court · 1930
- State Ex Rel. Gebhardt v. Superior CourtWashington Supreme Court · 1942
- Metsker v. WhitsellIndiana Supreme Court · 1914
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- Board of Control of the Michigan State Prison v. Auditor GeneralMichigan Supreme Court · 1917
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