Michigan Supreme Court, 1892

Sherman v. Peterson

Sherman v. Peterson
Michigan Supreme Court · Decided May 6, 1892 · Grant, Long, McGrath, Montgomery, Morse, Took
91 Mich. 480; 51 N.W. 1122

Sherman v. Peterson

Opinion of the Court

Grant, J.

This is a certiorari to review the proceedings of the respondent commissioner in laying out and opening, a highway over the petitioner’s lands. Several objections are raised to the regularity of the proceedings. Petitioner was not made a party to the proceedings, was-not served with notice, and did not appear at the hearing, and waive her right to notice. For this reason the-proceedings are void.

It is unnecessary to consider the othér objections.

Proceedings must be quashed, with costs to the petitioner.

*481Long and Montgomery, JJ., concurred. Morse, C. J., did not sit. McGrath, J., took no part in the decision.

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