People ex rel Platt v. Highway Commissioner of Township of Clay
| Court | Supreme Court of Michigan |
| Writing for the Court | Marston, J. |
| Citation | 38 Mich. 247 |
| Parties | The People ex rel Schuyler H. Platt v. The Highway Commissioner of the Township of Clay |
| Decision Date | 29 January 1878 |
38 Mich. 247
The People ex rel Schuyler H. Platt
v.
The Highway Commissioner of the Township of Clay
Supreme Court of Michigan
January 29, 1878
Submitted October 24, 1877
Certiorari to highway commissioner and township clerk. The fact is stated.
Proceedings reversed and quashed, with costs.
V. A. Saph and P. N. Packard (on brief) for plaintiff in certiorari.
Atkinson & Atkinson for defendant in certiorari.
OPINION [38 Mich. 248]
Marston, J.
The commissioner of highways caused a notice to be served on Platt December 31st, 1875, that a meeting would be held at a certain place on January 10th, 1876, to ascertain and determine the necessity of laying out a certain highway. The statute, Public Laws of 1875, p. 92, § 1253, required the notice to be served "at least ten days before the time of said meeting." This language excludes the day on which the meeting is to be held, and requires ten full days' notice, and under the well settled rule in this State, under such a requirement the day of service is also excluded. Sallee v. Ireland, 9 Mich. 154; Warren v. Slade, 23 Mich. 1. The commissioner had no jurisdiction, and the proceedings must be reversed and quashed, with costs.
The other Justices concurred.
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Empire Mill Co. v. District Court of Eighth Judicial Dist. in and for Benewah County
...notice served on March 31, 1915, did not give ten days' notice prior to April 10, 1915. (People ex rel. Platt v. Highway Commissioner, 38 Mich. 247; Coquard v. Boehmer, 81 Mich. 445, 45 N.W. 996.) Ezra R. Whitla, for Defendant. This notice may be served as any notice may be served in any pr......
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People ex rel. Tireman v. Ruthruff
...Highway Comm'rs, 28 Mich. 362; Names v. Com'rs, 30 Mich. 490; Detroit Sharpshooters' Association v. Comm'rs, 34 Mich. 36; Platt v. Com'rs, 38 Mich. 247; Tefft v. Township Board, 38 Mich. 558; Dickinson v. Van Wormer, 39 Mich. 141; Lane v. Burnap, 39 Mich. 736; Taylor v. Burnap, 39 Mich. 739......
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Harkness v. Utah Power & Light Co., 5564
...which the hearing is to be held. (See Greve v. St. Paul S. & T. R. Co., 25 Minn. 327; 26 R. C. L. 736; People v. Clay Tp. Highway Commrs., 38 Mich. 247.) Merrill & Merrill, for Respondent. While C. S., sec. 7617, prescribes what a petition for sale of real estate should contain, yet the pro......
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Price v. Stagray
...of June. The statute requires 10 days' previous notice to be given, which was not done. How.St. § 1298; Platt v. Commissioners of Clay, 38 Mich. 247;Detroit Sharpshooters Ass'n v. Hamtramck, 34 Mich. 38;People v. Highway Com'rs of Nankin, 14 Mich. 528;Dupont v. Commissioners of Hamtramck, 2......
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Empire Mill Co. v. District Court of Eighth Judicial Dist. in and for Benewah County
...notice served on March 31, 1915, did not give ten days' notice prior to April 10, 1915. (People ex rel. Platt v. Highway Commissioner, 38 Mich. 247; Coquard v. Boehmer, 81 Mich. 445, 45 N.W. 996.) Ezra R. Whitla, for Defendant. This notice may be served as any notice may be served in any pr......
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People ex rel. Tireman v. Ruthruff
...Highway Comm'rs, 28 Mich. 362; Names v. Com'rs, 30 Mich. 490; Detroit Sharpshooters' Association v. Comm'rs, 34 Mich. 36; Platt v. Com'rs, 38 Mich. 247; Tefft v. Township Board, 38 Mich. 558; Dickinson v. Van Wormer, 39 Mich. 141; Lane v. Burnap, 39 Mich. 736; Taylor v. Burnap, 39 Mich. 739......
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Harkness v. Utah Power & Light Co., 5564
...which the hearing is to be held. (See Greve v. St. Paul S. & T. R. Co., 25 Minn. 327; 26 R. C. L. 736; People v. Clay Tp. Highway Commrs., 38 Mich. 247.) Merrill & Merrill, for Respondent. While C. S., sec. 7617, prescribes what a petition for sale of real estate should contain, yet the pro......
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Lane v. Burnap
...the return was too short for any method not summary or for any service later than the date. People ex rel. Platt v. Highway Com'r of Clay, 38 Mich. 247. There is no pretense of service of any other notice or of any attempt to give notice except by some kind of service of this notice, and we......