Michigan Telephone Co. v. City of St. Joseph
Michigan Supreme Court
Cross-appeals from Berrien; Coolidge, J. Bill by the Michigan Telephone Company against the city of St. Joseph to restrain interference with complainant’s poles and wires. From the decree rendered, both parties appeal. The averments of the bill of complaint are substantially as follows: Complainant is a corporation organized under Act No. 129, Pub. Acts 1883 (3 How. Stat. chap. 102a). Its principal office is in Detroit.
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Cross-appeals from Berrien; Coolidge, J. Bill by the Michigan Telephone Company against the city of St. Joseph to restrain interference with complainant’s poles and wires. From the decree rendered, both parties appeal. The averments of the bill of complaint are substantially as follows: Complainant is a corporation organized under Act No. 129, Pub. Acts 1883 (3 How. Stat. chap. 102a). Its principal office is in Detroit. It carries on in the city of St. Joseph and other cities and towns in the State the construction, maintenance, and operation of telephone lines and exchanges, and connects…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. It is conceded by the learned counsel for both parties that that part of the decree by which the court assumed the right to establish reasonable rules and regulations is void. This is a legislative or administrative function, and not a judicial one. The court has power to put the proper authorities in the defendant city in motion to adopt reasonable rules and regulations, and to pass upon the validity of such action when taken. This is the extent of its authority. Houseman v. Kent Circuit Judge, 58 Mich. 364; City of Manistee v. Harley, 79 Mich. 238. Other courts…
2Cases cited16 opinions
- Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
- Richmond v. Southern Bell Telephone & Telegraph Co.Supreme Court of the United States · 1899
- City of Quincy v. BullIllinois Supreme Court · 1883
- Nebraska Telephone Co. v. State ex rel. YeiserNebraska Supreme Court · 1898
- Houseman v. MontgomeryMichigan Supreme Court · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lenawee County Gas & Electric Co. v. City of AdrianMichigan Supreme Court · 1920
- City of Detroit v. Michigan Railroad CommissionMichigan Supreme Court · 1920
- Home Telephone Co. v. Michigan Railroad CommissionMichigan Supreme Court · 1913
- City of Kalamazoo v. Kalamazoo Circuit JudgeMichigan Supreme Court · 1918
- Donohue v. VosperMichigan Supreme Court · 1915
17 more not listed; retrieve them via the Exa API.