
    David S. Osborne v. The City of Detroit.
    
      JPi'oceedings to open streets. The proceedings in this case to open a street through private property are held erroneous 'within the previous decisions of the court, by reason of defects in the notices and in the publication thereof, and in many other steps taken in the cause, not particularly specified.
    
      Heard June 10.
    
    
      Decided June 18.
    
    Appeal from Eecordor’s Court of Detroit.
    
      Kane & Hibbard and G. V. K. Lothrop, for appellant.
    
      F. G. Btissell, City Attorney, and D. G. Holbrook, City Counselor, for appellee.
   Peii CuRiam :

This is an appeal from the judgment of the recorder’s court of the city of Detroit, confirming the report of a jury in a proceeding to open Twenty-third street from its present terminus south of Michigan avenue to Baker street.

We have heard the appeal and are satisfied that several errors of law have intervened which cannot be corrected by the recorder’s court or the jury with “due regard to the public interests and rights of individuals.” The notices were imperfect and wore not seasonably published, and many of the proceedings are inconsistent and fatally defective. Our previous decisions are conclusive against the validity of the matters shown by the record on many grounds, and it would be a waste of time to go through the case and discuss or point out the objections.

The judgment of the recorder’s court must be reversed,, with costs.  