People ex rel. Platt v. Highway Commissioner

38 Mich. 247, 1878 Mich. LEXIS 47
CourtMichigan Supreme Court
DecidedJanuary 29, 1878
StatusPublished
Cited by9 cases

This text of 38 Mich. 247 (People ex rel. Platt v. Highway Commissioner) 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
People ex rel. Platt v. Highway Commissioner, 38 Mich. 247, 1878 Mich. LEXIS 47 (Mich. 1878).

Opinion

Marston, J.

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.

The other Justices concurred.

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Related

People ex rel. Chaddock v. Barry
53 N.W. 785 (Michigan Supreme Court, 1892)
Rifenburg v. City of Muskegon
47 N.W. 231 (Michigan Supreme Court, 1890)
Cox v. Commissioner of Highways
47 N.W. 122 (Michigan Supreme Court, 1890)
Coquard v. Boehmer
45 N.W. 996 (Michigan Supreme Court, 1890)
Leonard v. Sparks
63 Mo. App. 585 (Missouri Court of Appeals, 1890)
Dixon v. Commissioner of Highways
42 N.W. 814 (Michigan Supreme Court, 1889)
Price v. Stagray
35 N.W. 815 (Michigan Supreme Court, 1888)
Taylor v. Burnap
39 Mich. 739 (Michigan Supreme Court, 1878)
Lane v. Burnap
39 Mich. 736 (Michigan Supreme Court, 1878)

Cite This Page — Counsel Stack

Bluebook (online)
38 Mich. 247, 1878 Mich. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-platt-v-highway-commissioner-mich-1878.