City of Grand Rapids v. Chicago & W.M. Ry. Co.

• Decision Date: 31 May 1893
• Citation: 95 Mich. 473,55 N.W. 359
• Parties: CITY OF GRAND RAPIDS v. CHICAGO & W. M. RY. CO. et al.
• Court: Michigan Supreme Court

55 N.W. 359

95 Mich. 473

CITY OF GRAND RAPIDS v. CHICAGO & W. M. RY. CO. et al.

Supreme Court of Michigan

May 31, 1893

Appeal from superior court of Grand Rapids; Edwin A. Burlingame, Judge.

Petition by the city of Grand Rapids against the Chicago & West Michigan Railway Company and others to condemn land. Verdict for respondents, and petitioner appeals. Appeal dismissed.

Wm. Wisner Taylor, for appellant.

T. J. O'Brien and W. A. Smith, for appellees.

HOOKER, C.J.

The city of Grand Rapids instituted proceedings under Act 48 of the Laws of 1887 to condemn land for the extension of Allen street in said city across lands of the respondent and three others, all of whom appeared and opposed the condemnation. The jury rendered a verdict against the city "that said opening of Allen street, as petitioned for, was not a public necessity," whereupon an appeal was taken on behalf of the petitioner. On the hearing it was conceded that no notice of appeal was served on three of the defendants, as required by section 21 of said act. A review of the case as against one defendant would afford no relief, as the verdict would stand as to the others, which would prevent the opening of the street as prayed. The proceeding is a statutory one, and, the notice not having been given to all, the court has no jurisdiction to hear the appeal. Portage Lake, etc., Co. v. Haas, 20 Mich. 326; Canfield v. The City of Erie, 21 Mich. 160; People's Ice Co. v. The Excelsior, 43 Mich. 336, 5 N.W. 398. The appeal must be dismissed, with costs. The other justices concurred.