City of Benton Harbor v. St. Joseph & Benton Harbor Street Railway Co.

1 McGrath 1671, 102 McGrath 386
CourtMichigan Supreme Court
DecidedNovember 7, 1894
DocketNo. 14435
StatusPublished

This text of 1 McGrath 1671 (City of Benton Harbor v. St. Joseph & Benton Harbor Street Railway Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Benton Harbor v. St. Joseph & Benton Harbor Street Railway Co., 1 McGrath 1671, 102 McGrath 386 (Mich. 1894).

Opinion

To compel respondent to pave between its rails and tracks on certain streets.

[1675]*1675Denied November 7, 1894, with costs.

It appeared from the answer that owing to financial straits In which respondent is placed, it is impossible for its officers to borrow or otherwise raise the money to pay for such paving.

Held, that mandamus will-not lie in such case; and further, that where no issue is framed upon the answer .the statement of facts contained in the answer must be taken as true.

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Bluebook (online)
1 McGrath 1671, 102 McGrath 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-benton-harbor-v-st-joseph-benton-harbor-street-railway-co-mich-1894.