Trespass Action; Trial and Verdict.

Checkout our iOS App for a better way to browser and research.

Sec. 6.

The trial of said action may be adjourned for not to exceed 10 days. The jury shall specify in their verdict, if they find the defendant guilty of causing or maintaining the encroachment as charged, and the extent thereof, and if the existence of the highway has been denied, they shall also specify, if they find a highway to exist, whether it be such by public use or by having been regularly laid out and established as a public highway. In the trial of any cause involving the existence of any highway, the burden of proof shall be upon the contestants to show that the same has not been regularly laid out and established as a public highway, or has not become such by public use.

History: 1925, Act 368, Eff. Aug. 27, 1925 ;-- CL 1929, 4046 ;-- CL 1948, 247.176
Former Law: See section 4 of Ch. 7 of Act 283 of 1909, being CL 1915, § 4404.


Download our app to see the most-to-date content.