Dupont v. Highway Commissioners of Hamtramck
| Decision Date | 05 November 1873 |
| Citation | 28 Mich. 362 |
| Court | Michigan Supreme Court |
| Parties | Eugene Dupont and others v. The Highway Commissioners of Hamtramck |
Heard November 5, 1873
Certiorari to Highway Commissioners of Hamtramck.
Proceedings quashed.
John McGrath and C. I. Walker, for plaintiffs in certiorari.
Chipman Dewey & Hawes, for defendants in certiorari.
This is a case of the laying out of a highway, and the proceedings are alleged to be void for various reasons, the most important of which is that they fail to show that the commissioners gave notice to the parties interested, as required by law.
The statute requires the commissioners, when applied to to lay out a highway, to issue a written notice, stating the object of the application, and appointing a time and place of meeting, which notice shall be served by the commissioners, or one of them, on the owners or occupants of lands through which it is proposed to lay out the road, either personally or by copy left at the residence of each owner or occupant, at least ten days before the time fixed for meeting; and it makes further provision for the posting of notices to non-residents.--Comp. L., 1871, § 1253. And after the commissioners have determined to lay out the road, and passed upon all questions of damages for the appropriation of lands, they are to make return of their doings in writing, signed by them, which return must state their action in regard to the application, and shall be filed in the office of the township clerk, with the application, and a copy of the notice attached thereto.
The commissioners made and filed their return in this case, but the return does not show who are the parties through whose lands the proposed road is to run, nor does it set forth how notice was given, except by a general statement that they proceeded to lay out the road "after due notice given according to law." We have already decided that this is not sufficient.--People v. Highway Commissioners of Nankin, 14 Mich. 528. In cases of this nature, where public officers are proceeding summarily to deprive owners of their lands, jurisdictional facts must be distinctly shown, and are not to be made out by a general averment which amounts to no more than a statement that the law has been complied with. The record must show the facts, so that we may see whether the law was complied with or not.
The commissioners have endeavored to support their...
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