People ex rel. Platt v. Highway Commissioner
Michigan Supreme Court
People ex rel. Platt v. Highway Commissioner, 38 Mich. 247 (Mich. 1878)
1878 Mich. LEXIS 47
Marston, Other
People ex rel. Platt v. Highway Commissioner
Opinion of the Court
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., 157; Warren v. Slade, 23 Mich., 1. The commissioner had no jurisdiction, and the proceedings must be reversed and quashed, with costs.
Reference
- Full Case Name
- The People ex rel Schuyler H. Platt v. The Highway Commissioner of the Township of Clay
- Cited By
- 9 cases
- Status
- Published