Township of Sandstone v. Michigan Railway Co.
Michigan Supreme Court
Certiorari to Jackson; Parkinson, J. Mandamus by the township of Sandstone to compel the Michigan Railway Company to observe the terms of a franchise. From an order granting the writ, defendant brings certiorari.
1Opinion of the CourtBrooke, J.
(after stating the facts). The first po*245sition taken by the appellant is that the provisions of the so-called Foote franchise are not now in force or binding upon the respondent:
“ (a) Because said franchise terminated by its self-executing provisions.
“(b) Because formal notice was waived by the traction company’s representative at the board meeting on July 1, 1902. The notice of forfeiture, Exhibit 1, as provided for in section 8 of the Foote franchise, was a ministerial act properly delegated to the township clerk and members of the board, and fully authorized by the original franchise…
2Cases cited8 opinions
- New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
- City of Detroit v. Detroit & Howell Plank Road Co.Michigan Supreme Court · 1880
- Iron Mountain R. Co. of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1899
- Application of B.E.R.R. Co.New York Court of Appeals · 1891
- Rice v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Township of Royal Oak v. City of Pleasant RidgeMichigan Supreme Court · 1943