Shipman v. State Live-Stock Sanitary Commission
Michigan Supreme Court
Mandamus by Ozias W. Shipman to compel the State Live- Stock Sanitary Commission to appraise certain condemned cattle at their market value. In July, 1896, relator owned a herd of Jersey cattle, 62 in number, and mostly cows and heifers.
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Mandamus by Ozias W. Shipman to compel the State Live- Stock Sanitary Commission to appraise certain condemned cattle at their market value. In July, 1896, relator owned a herd of Jersey cattle, 62 in number, and mostly cows and heifers. The respondent, being informed that there was reason to believe that the herd was affected with tuberculosis, made an examination, found evidences of the existence of the disease, and on August 15th and 16th the entire commission met with the state veterinarian, and applied to 47 of the animals what is known as the “tuberculin test.” It was decided that 28…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The position of the relator is thus stated by his counsel:
“ If the State desires to destroy cattle which are in good 'health, simply because they cannot stand the tuberculin *491test, it must compensate tbe owner for tbeir full market value at the time; that is, just before they are subjected to tbe test. If tbe court will permit this case to be tried before a jury, we will bring out, with competent expert witnesses, all the known facts in regard to tbe disease and the tuberculin test, so as to enable tbe court to pass an intelligent judgment on the case, and we firmly…
2Cases cited6 opinions
- People ex rel. Sutherland v. GovernorMichigan Supreme Court · 1874
- Miller v. HortonMassachusetts Supreme Judicial Court · 1891
- Pearson v. ZehrIllinois Supreme Court · 1891
- State ex rel. Robb v. StoneSupreme Court of Missouri · 1894
- Cicotte v. County of WayneMichigan Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Durand v. DysonIllinois Supreme Court · 1915
- Kilts v. Board of SupervisorsMichigan Supreme Court · 1910
- The People v. AndersonIllinois Supreme Court · 1934
- Lertora v. RileyCalifornia Supreme Court · 1936
- Webb v. Detroit Board of HealthMichigan Supreme Court · 1898