Schnepper v. Thompson

Michigan Supreme Court

Schnepper v. Thompson

251 N.W. 359, 264 Mich. 691, 1933 Mich. LEXIS 1084

CourtMichigan Supreme Court

DecidedDecember 5, 1933

DocketDocket No. 83, Calendar No. 34,459.

StatusPublished

Cited by1 cases

This text of 251 N.W. 359 (Schnepper v. Thompson) 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

Schnepper v. Thompson, 251 N.W. 359, 264 Mich. 691, 1933 Mich. LEXIS 1084 (Mich. 1933).

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Opinion

North, J.

An application for discontinuance of a public highway reached, by appeal, the circuit court of Livingston county. On motion to dismiss it was there held that the provisions of the statute (Act No. 283, Pub. Acts 1909; 1 Comp. Laws 1915, § 4287 et seq.; as to subsequent modification of title, see 1 Comp. Laws 1929, § 3916) relating to the discontinuance of highways are unconstitutional because such provisions are not within the title of the act as passed by the legislature, and in this regard are in violation of article 5, § 21, Michigan Constitution. As against this same objection we have heretofore held that the title of the act is sufficient and the assailed provisions valid. Houston v. Jewett, 248 Mich. 587. It should be noted that decision of this case in the circuit court was rendered prior to our decision in the Houston Case.

The order dismissing the appeal is set aside, and the case remanded to the circuit court for further proceedings therein. Costs to appellants.

McDonald, C. J., and Weadock, Potter, Sharpe, Fead, Wiest, and Butzel, JJ., concurred.

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North, J.

An application for discontinuance of a public highway reached, by appeal, the circuit court of Livingston county. On motion to dismiss it was there held that the provisions of the statute (Act No. 283, Pub. Acts 1909; 1 Comp. Laws 1915, § 4287 et seq.; as to subsequent modification of title, see 1 Comp. Laws 1929, § 3916) relating to the discontinuance of highways are unconstitutional because such provisions are not within the title of the act as passed by the legislature, and in this regard are in violation of article 5, § 21, Michigan Constitution. As against this same objection we have heretofore held that the title of the act is sufficient and the assailed provisions valid. Houston v. Jewett, 248 Mich. 587. It should be noted that decision of this case in the circuit court was rendered prior to our decision in the Houston Case.

The order dismissing the appeal is set aside, and the case remanded to the circuit court for further proceedings therein. Costs to appellants.

McDonald, C. J., and Weadock, Potter, Sharpe, Fead, Wiest, and Butzel, JJ., concurred.

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Bluebook (online)

251 N.W. 359, 264 Mich. 691, 1933 Mich. LEXIS 1084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schnepper-v-thompson-mich-1933.

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