City of Pontiac v. Lull
Michigan Supreme Court
Appeal from Oakland; Moore, J. Proceedings by the city of Pontiac against Albe A. Lull and others to condemn land for street purposes. Respondent Lull appeals from an order confirming the verdict of the jury. This is a proceeding to condemn lands for a public street in the city of Pontiac.
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Appeal from Oakland; Moore, J. Proceedings by the city of Pontiac against Albe A. Lull and others to condemn land for street purposes. Respondent Lull appeals from an order confirming the verdict of the jury. This is a proceeding to condemn lands for a public street in the city of Pontiac. The petition was filed, in the name of the city, by the city attorney, setting forth the resolution of the common council, in which the property proposed to be taken was described by metes and bounds, and consisted of a strip of land 50 feet wide and 310 long, and extending westerly from the west line of…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. It is insisted on behalf of Mr. Lull that the description in the amended petition is different from the description in the original petition and in the resolution of the common council, which is the basis for the proceeding. We do not concur in this view. The description is sufficiently definite in the original petition, and, if there is any change,it is to the advantage of the respondent Lull, by taking a few inches less of his land. We think, however, that the description in the amended petition corresponds with the resolution, and describes the north line of…
2Cases cited7 opinions
- Chicago & Michigan Lake Shore Railroad v. SanfordMichigan Supreme Court · 1871
- Toledo, Ann Arbor & North Michigan Railway Co. v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1886
- Mansfield, Coldwater & Lake Michigan Railroad v. ClarkMichigan Supreme Court · 1871
- City of Grand Rapids v. BennettMichigan Supreme Court · 1895
- Toledo, Ann Arbor & Northern Michigan Railroad v. MunsonMichigan Supreme Court · 1885
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3Cited by2 opinions
- Town of Perry v. ThomasUtah Supreme Court · 1933
- City of Grand Rapids v. CoitMichigan Supreme Court · 1907