Legal Opinion

Stevens v. City of Muskegon

Michigan Supreme Court

Decided December 9, 1896PublishedCited by 22 opinions

Error to Muskegon; Russell, J. Case by Washington C. Stevens against the city of Muskegon for a wrongful interference with his rights under a municipal grant. From a judgment for defendant on verdict directed by the court, plaintiff brings error. When the plaintiff had rested his case, the court, upon motion, directed a verdict for the defendant. Several reasons for the motion were assigned, but upon which one the court directed the verdict does not appear.

Read the full summary

Error to Muskegon; Russell, J. Case by Washington C. Stevens against the city of Muskegon for a wrongful interference with his rights under a municipal grant. From a judgment for defendant on verdict directed by the court, plaintiff brings error. When the plaintiff had rested his case, the court, upon motion, directed a verdict for the defendant. Several reasons for the motion were assigned, but upon which one the court directed the verdict does not appear. We can therefore only determine the rights of the parties from the case as made by the plaintiff. On August 13, 1884, the plaintiff…

1Opinion of the CourtGbant, J.

(after stating the facts). 1. If the plaintiff has not become vested with any property rights which courts should protect, it must be in consequence of some inflexible rule of law. The statute of frauds is invoked as imposing such a rule. If the plaintiff’s right rested in parol, it might be held that it was such an interest in land that it could not be acquired by estoppel under the decisions of this court. Huyck v. Bailey, 100 Mich. 223; Wood v. Railroad Co., 90 Mich. 334, and authorities there cited. Courts are not in harmony upon this subject; many authorities holding that municipalities…

2Cases cited10 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Mayor of Baltimore v. RadeckeCourt of Appeals of Maryland · 1878
  3. Burford v. City of Grand RapidsMichigan Supreme Court · 1884
  4. Trammell v. Town of RussellvilleSupreme Court of Arkansas · 1879
  5. Culver v. City of StreatorIllinois Supreme Court · 1889

5 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Smith v. StateIdaho Supreme Court · 1970
  2. Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
  3. Carson v. City of GeneseeIdaho Supreme Court · 1903
  4. Nowlin Lumber Co. v. WilsonMichigan Supreme Court · 1899
  5. Yellow Cab Co. v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1951

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API