Michigan Supreme Court, 1874

Arnold v. Village of Decatur

Arnold v. Village of Decatur
Michigan Supreme Court · Decided January 29, 1874 · Campbell, Cooley, Gil, Graves, Ohristiancy
29 Mich. 77; 1874 Mich. LEXIS 50
Arnold v. Village of Decatur

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

Cooley, J.

The point made in this case, that an attempt hr agree with the owner upon a purchase of the premises was a condition precedent to adverse proceedings, was ruled in Chicago &c. R. R. Co. v. Sanford, 23 Mich., 418.

That it was essential the jury should pass upon the necessity for the taking was decided in Mansfield &c. R. R. Co. v. Clark, 23 Mich., 519; Grand Rapids &c. R. R. Co. v. Van Driele, 24 Mich., 409 ; and McClary v. Hartwell, 25 Mich., 139.

On these two grounds the proceedings must be reversed* with costs.

Campbell, J., and Graves, Gil J., concurred. Ohristiancy, J., did not sit in this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.