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Curkendall v. People

Henry Curkendall v. The People

Curkendall v. People, 36 Mich. 309 (1877)
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Court
Michigan Supreme Court · State Highest Courts
Decided
April 18, 1877
Judges
Cooley, Other
Citations
36 Mich. 3091877 Mich. LEXIS 134
Headnotes
Curtilage: Dwelling house: Barn: Separated by public highway. A bam situated fifteen rods from the dwelling house, with a public highway passing between them, and a yard between the barn and the highway, is held not to be within the curtilage of such dwelling house.
Summary
Error to Hillsdale Circuit.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Cooley

Text extracted by OCR from a scanned original; check the original for exact wording.

Cooley, Ch. J:

Plaintiff in error was indicted for the statutory offense of feloniously setting fire to and burning a barn and adjoining shed of one Isaac Hagerman, in Amboy, the said *310 barn and shed “being within the curtilage of the dwelling house of him,” the said Hagerman.

The evidence showed that the barn was situated some fifteen rods from the house, with a public highway passing between them,' and a yard between the barn and the highway. In People v. Taylor, 2 Mich., 250 , a barn one-third this distance from the dwelling house, but immediately connected with it by a lane, was held to be within the curtilage. But here, to say nothing of the distance, there was a distinct separation from the house by the highway; and the case cited cannot sustain the ruling.

The judgment must be reversed, and the prisoner discharged.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1914: 11918: 11940: 11974: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. Hobbie v. Vance294 So. 2d 743 (Ala. 1974)
  2. Holland v. State65 So. 920 (Ala. Ct. App. 1914)
  3. People v. Labbe168 N.W. 451 (Mich. 1918)
  4. State v. Neff11 S.E.2d 171 (W. Va. 1940)

Most recent

  1. Hobbie v. Vance294 So. 2d 743 (Ala. 1974)
  2. State v. Neff11 S.E.2d 171 (W. Va. 1940)
  3. People v. Labbe168 N.W. 451 (Mich. 1918)
  4. Holland v. State65 So. 920 (Ala. Ct. App. 1914)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People v. Taylor, 2 Mich. 250 (1851) 25

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