157 Mich. 433 | Mich. | 1909
The plaintiff in error, an owner of premises sought to be taken for a highway, took the proceedings of the commissioner to the circuit court by certiorari, and was defeated. The cause is before us on case made, containing the affidavit for certiorari, the return to the writ by the commissioner — which includes a certified copy of this record and return to the town clerk — and statement of the commissioner’s doings in the matter, and a finding of fact and law by the circuit judge. We are
Record and return. The commissioner filed his record and return on the 18th day of February, and it is dated
It is claimed that the record and return fails to show that the damages were assessed at the value of the land taken for farming purposes; that it does not show that the highway was not paralleled within a half mile by a pre-existing highway; that it contains a defective description, in that the word “feet” is omitted after the figures “ 300;” and that it affirmatively shows the award of excessive damages. The return of the commissioner to the writ of certiorari shows that the damages were based upon the farm value of the land taken, that the road was not laid out parallel to another highway within a half mile, and that the damages awarded were $101, but that by arrangement $1 was receipted for by Holt, who claimed no damage, and that the sum appro
"We find no substantial error in the proceedings, and the proceedings of the commissioner are affirmed, with costs.