Blodgett v. Whaley
Cases that cite this one
2 later published cases cite this decision.
- Klein v. Dudley (Mich. Ct. App. 1975)
- La Barre v. Bent (Mich. 1908)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The writ of certiora/ri in this case brings under review the proceedings on laying out. a highway in
1. The description of the proposed route is uncertain and for that reason insufficient. In all the papers it is as follows: “In the township of Clam Lake, Wexford county, Michigan, commencing three rods south of the quarter post on the east line of section ten in said township, running-nearly in a northwesterly direction, near where the travel is-now seeking to get the best route, continuing the said highway till it gets to the limits of the city of Cadillac.” No-survey appears, and no monuments except as indicated in this description. A line “ near ” a route not yet found, but-which “ travel is now seeking,” must be as uncertain a line-as ingenuity could well suggest.
2. It does not appear’ that notice of the application to layout the highway was ever given. There is no proof of notice-on file, and plaintiff in error denies having received any. The absence of proof of notice is fatal. Gray v. Commissioner of Highways 40 Mich. 165; Names v. Commissioners of Highways 30 Mich. 490.
The proceedings must be quashed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.