Beutel v. Bay Circuit Judge
Michigan Supreme Court
Certiorari by Robert Beutel to review the action of Andrew C. Maxwell, circuit judge of Bay county, in vacating a portion of a street. This case is brought to this court by the writ of certiorari to review the proceedings of the circuit court for the county of Bay, vacating a portion of a plat known as “F. W. Wheeler & Company’s Third Addition to West Bay City,” whereby part of Washington street was vacated. The petition was made by the West Bay City Sugar Company.
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Certiorari by Robert Beutel to review the action of Andrew C. Maxwell, circuit judge of Bay county, in vacating a portion of a street. This case is brought to this court by the writ of certiorari to review the proceedings of the circuit court for the county of Bay, vacating a portion of a plat known as “F. W. Wheeler & Company’s Third Addition to West Bay City,” whereby part of Washington street was vacated. The petition was made by the West Bay City Sugar Company. The order vacating the plat was made June 6, 1899. On July 10, 1899, relator filed a bill of complaint in the circuit court for…
1Opinion of the CourtGrant, J.
(after stating the facts). The granting of the writ of certiorari is discretionary, and where one has rested upon his rights for an unreasonable length of time, while the other party, in reliance upon the regularity of the proceedings, has made large improvements, it will not be granted. This court has refused the writ in other *523cases where the delay was not so long as in this case. Baudistel v. Recorder, etc., of City of Jackson, 110 Mich. 357 (68 N. W. 292); City of Detroit v. Murphy, 95 Mich. 531 (55 N. W. 441), and authorities cited. If relator abandoned his suit in chancery, he should…
2Cases cited2 opinions
- City of Detroit v. MurphyMichigan Supreme Court · 1893
- Baudistel v. Recorder & Common CouncilMichigan Supreme Court · 1896