Peninsular Railway Co. v. Howard
Michigan Supreme Court
Appeal from the Probate Court of Cass County. The Peninsular Railway Company desiring to lay the track of their road across land owned by George Howard and occupied by Benjamin Thompson, lying in the township of Ontwa, in the County of Cass, presented their petition to the Probate Court of Cass County, for the appointment of three Commissioners, under the provisions of § 19 of the “Act to provide for the incorporation of Rail Road Companies,” (as amended, Laws of 1859, p.…
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Appeal from the Probate Court of Cass County. The Peninsular Railway Company desiring to lay the track of their road across land owned by George Howard and occupied by Benjamin Thompson, lying in the township of Ontwa, in the County of Cass, presented their petition to the Probate Court of Cass County, for the appointment of three Commissioners, under the provisions of § 19 of the “Act to provide for the incorporation of Rail Road Companies,” (as amended, Laws of 1859, p. 559), to determine the necessity of taking the land for the use of the rail road, and the compensation to be allowed to…
1Opinion of the CourtChristiancy, J.
• The appeal in this case, under section 23 of the general railroad law, (1 Comp. L. 1967), brings before us all matters which were before the Judge of Probate, properly bearing upon the question of the confirmation of the jury’s report or verdict, and places the case before us in the same asjoect as it stood before him. And if any sufficient cause was shown before him against the confirmation, we must set aside the report or proceedings so far as they shall be found defective.
The first question presented is whether the jury was properly constituted to authorize them to act at all upon any…
2Cases cited1 opinion
- Appeal of Convers in re the Grand Rapids & Indiana R. R.Michigan Supreme Court · 1869
3Cited by25 opinions
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- Sponick v. Detroit Police DepartmentMichigan Court of Appeals · 1973
- Stockwell v. Township BoardMichigan Supreme Court · 1871
- Bliss v. Caille Bros.Michigan Supreme Court · 1907
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