Attorney General ex rel. Muskegon Booming Co. v. Evart Booming Co.
Michigan Supreme Court
Appeal in Chancery from. Osceola Circuit. argued that the jurisdiction of courts of equity in cases of purpresture and nuisance, though not very frequently exercised, is undisputed: Waterman's Eden on Inj., ch. 11, p. 259; Attorney General v. Cohoes, 6 Paige, 133; High on Inj., § 519; 2 Story JEq., § 924; Angell on W. C., § 565; Attorney General v. Forbes, 2 M. & C., 123; that in cases of public nuisances an information will lie in equity to stop the mischief and restrain…
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Appeal in Chancery from. Osceola Circuit. argued that the jurisdiction of courts of equity in cases of purpresture and nuisance, though not very frequently exercised, is undisputed: Waterman's Eden on Inj., ch. 11, p. 259; Attorney General v. Cohoes, 6 Paige, 133; High on Inj., § 519; 2 Story JEq., § 924; Angell on W. C., § 565; Attorney General v. Forbes, 2 M. & C., 123; that in cases of public nuisances an information will lie in equity to stop the mischief and restrain the continuance of it: Mayor, etc., v. Balt., 5 Ves., 129; Attorney General v. Nichol, 16 Ves., 342; that the Muskegon…
1Opinion of the Court
Cooley, Ch. J:
The pleading of the attorney general in this case is somewhat anomalous, and we deem it important to a proper presentation of our views that a very full statement of its substance should be given.
It begins by saying that, “Informing showeth unto your *468honorable court, Andrew J. Smith, attorney general of the state of Michigan, by and upon the relation of the Muskegon Booming Company,” that it is the business of said company to run, raft and boom logs in and upon the Muskegon river, which is a stream navigable for running, rafting, driving and floating logs, lumber and timber, and…
2Cited by24 opinions
- State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
- State v. KorrerSupreme Court of Minnesota · 1914
- Griffith v. HolmanWashington Supreme Court · 1900
- Township of Garfield v. YoungMichigan Supreme Court · 1957
- City of Grand Rapids v. PowersMichigan Supreme Court · 1891
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