Michigan Supreme Court, 1893

Kirkwood v. Finegan

Kirkwood v. Finegan
Michigan Supreme Court · Decided May 31, 1893 · McGrath, Other
95 Mich. 543; 55 N.W. 457; 1893 Mich. LEXIS 686

Kirkwood v. Finegan

Opinion of the Court

McGrath, J.

This is a bill to enjoin the erection and maintenance of a fence between premises occupied by the parties.

We think the case is ruled by Flaherty v. Moran, 81 Mich. 52. It is clear that the fence is the outcome of a quarrel between neighbors. Its character and style indicate the motive which prompted its construction, and the decree below must be affirmed, with costs.

The other Justices concurred.

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