Volume 107 — Michigan Reports

Judgment creditor’s bill by John Wilcox against Henry H. Lantz and others. From a decree dismissing the bill upon demurrer, complainant appeals.

Case by Charlotte Yotter against the city of Detroit for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff fell upon a sidewalk of the defendant city, early in the evening, “ between dark and dusk,” as she expressed it.

Summary proceedings by Adna G. Lewis against John Brandle to recover the possession of leased premises. From a judgment for defendant, complainant brings error.

Garnishment proceedings by Patrick McDonald and .another against the Alanson Manufacturing Company, as garnishee of George Sinclair. From a judgment for plaintiffs, the garnishee defendant brings error.

Assumpsit by the John Hutchison Manufacturing Company against Benjamin W. Pinch for machinery and repairs furnished for defendant’s mill. From a judgment for defendant, plaintiff brings error.

Case by Carrie V. Shackelton, administratrix of the estate of John W. Shackelton, deceased, against the Manistee & Northeastern Railroad Company to recover damages for the alleged negligent killing of plaintiffs intestate. From a judgment for defendant upon verdict directed by the court, plaintiff brings errtor.

<p>Taxes — Forest Products — Where Assessable.</p> <p>Logs stored in a lake, close by a railroad, awaiting facilities for shipment by rail, are not in transit, within the meaning of 3 How. Stat., § 1170b, subd. 4, providing for the assessment of such property at its place of destination, but are within the proviso to said section that logs piled or left, in any yard or railroad reserve shall not be deemed in transit, but shall be assessed to the owner thereof in the township where situate.</p>

Replevin by Lester S. Hudson against William H. McKale for goods seized on attachment as the property of a third party. From a judgment for plaintiff on verdict directed by the 'court, defendant brings error.

<p>1. Bill of Exceptions — Settlement—Mandamus.</p> <p>Mandamus will not lie to compel a trial judge to sign a bill of exceptions presented to him, where he avers the same to be incomplete and inaccurate; but upon the bill so presented, and the amendments offered thereto, he should settle such bill as he deems tó be proper.</p> <p>2. Same — Exceptions in Criminal Case.</p> <p>The respondent in a criminal case cannot be compelled to furnish a copy of the testimony as a prerequisite to the settlement of a bill of exceptions.</p>

Joseph Walsh, assistant prosecuting attorney for St. ■Clair county, applied for a writ of mandamus to compel :Samuel W. Vance, circuit judge of said county, to vacate an order sustaining certain objections to the petition of the auditor general for the sale of lands delinquent for taxes.

<p>Estates oe Decedents — Contingent Claim — Note Secured by ‘ Mortgage.</p> <p>A' note payable absolutely, secured by • real-estate mortgage, is not, as between the holder and the estate of the maker, a contingent claim, within 8 How. Stat. § 5983, providing that “if any person shall be liable as security for the deceased, or have any other contingent claim against his estate, which cannot be proved as a debt before the commissioners, or allowed by them, the same may b^ presented, with the proper proof, to the probate court or to the commissioners, who shall state the same in their report.”</p>

Benjamin Laubach and John Germain, as drain commissioners of the counties of Kent and Allegan, respectively, applied to the circuit court for a writ of mandaauub to compel Michael J. O’Meara, clerk, and James S. Toland, supervisor, of the towuship of Byron, Kent county, to lay a certain drain assessment before the board of supervisors. Respondents bring certiorari to review an order granting the writ.

Case by Benjamin B. Morgan against Fred C. Andrews for libel, and for malicious interference with a contract between plaintiff and third persons. From a judgment for plaintiff, defendant brings error.

Assumpsit by the Pabst Brewing Company against Henry Lueders for goods sold and delivered. From a judgment for defendant under Ms claim of set-off, plaintiff brings error.

Case by James Snow against Robert H. McCracken for the killing of plaintiff’s chickens by defendant’s dog. From a judgment for plaintiff, defendant brings error.

Assumpsit by the Stoddard Manufacturing- Company against Adam Miller and another for machinery sold. From a judgment for plaintiff, defendants bring error.

Assumpsit by Hernán Hand against Bdmuind Osgood for the breach of a parol contract for a le'ase. From a .judgment for plaintiff, defendant brings error.

■Bill by Charles Miner against John Wilson and Horace T. Conk, as executor of the last will and testament of John G-. Kellogg, deceased, to correct [he description in a deed to complainant, and to set aside a deed to defendant Wilson. From a decree for complainant, defendant Wilson appeals.

<p>Error to Manistee; McMahon, J.</p> <p>Case by Eva Black against the city of Manistee for personal injuries. From a judgment for defendant upon verdict directed by the court, plaintiff brings error.</p>

Assumpsit by Lyman P. Saxton and another against Franz Ivrein for the breach of a contract to purchase lumber from plaintiffs. From a judgment for defendant, plaintiffs bring error.

Assumpsit by Mary L. Shackett and another against the People’s Mutual Benefit Society upon a certificate of membership in the defendant association. From a judgment for plaintiffs, defendant brings error.

<p>Error to Shiawassee; Newton, J.</p> <p>Case by George W. Owen against Edmund O. Dewey and James N. McBride for libel. From a judgment for defendants, plaintiff brings error.</p>

Proceedings by A. F. Bartlett & Company against Steam Dredge No. 14, Steam Dredge No. 15, and Carldn, Stickney & Cram, to enforce a lien under the water-craft law. From a decree for defendants, complainant appeals.

Assumpsit by Bernhard Kuppenheimer and others against William Wertheimer and Max Wertheimer for goods sold and delivered. From a judgment for plaintiffs, defendants bring error.

Judgment creditor’s bill by William A. Hulbert and another against the Detroit Cycle Company, Limited, and others. Complainants appeal from a decree dismissing the bill on demurrer. The complainants recovered a common-law judgment for $691.04 against the Detroit Cycle Company, Limited, a limited partnership association, formed under Act No. 191 of the Public Acts of 1877, and amendments thereto (1 How. Stat. chap. 79, p. 623 et seq.).

Quo warranto by the Attorney General, on the relation of William Blanck, against George Hoiwoiroft, to determine the title to the office of supervisor of the township of Hamtramok. Issues of fact were tried in the Wayne circuit before Judge Carpenter, and the findings of the jury duly returned.

Case by Thomas Burke against Parker, Webb & Company for personal injuries, alleged to have been caused by defendant’s negligence. From a judgment for plaintiff, defendant brings error.

Information by Adolphus A. Ellis, Attorney General, against the city of Detroit, and Hazen S. Pingree, mayor, Clarence A. Black, controller, and George Beck and William B. Thompson, aldermen, of said city, to compel the repayment of certain moneys alleged to have been taken unlawfully from the city treasury. From a decree dismissing the information on demurrer, the informant appeals.

<p>Error to Iron; Stone, J.</p> <p>Replevin by Ellen Harbour against William 0. Eldred. From a judgment for defendant, plaintiff brings error.</p>

Case by Max Brandy, administrator of the estate of William Koehn, deceased, against the Detroit, Grand Haven & Milwaukee Bailway Company, for the alleged negligent killing of plaintiff’s intestate. From a judgment for defendant upon verdict directed by the court,, plaintiff brings error.

, presiding. Petition by Henry Spring against Lewis E. Randall and Marie Yan Zandt Randall to subject the income of a trust estate to the payment of a judgment against the beneficiary. From an order overruling a demurrer to the petition, respondent Marie Yan Zandt Randall appeals.

Case by Lucius Tubbs against the Michigan Central Railroad Company for personal injuries. From a judgment for defendant upon verdict directed by the court, plaintiff brings error. The relation existing between plaintiff and defendant at the time of the injury was that of carrier and passenger (Patt. Ry. Accdt. §§ 140 [subd. 4], 207, 208, 215, 220-223; Beach, Cont. Neg. §§ 144, 167; Thomp.

Assumpsit by the Forbes Lithograph Manufacturing Company against James E. Winter and Warren 0. Baker upon an account for goods sold. Plaintiff had judgment in justice’s court, and defendants removed the proceedings to the circuit by certiorari, where the justice’s judgment was reversed. Plaintiff brings error.

<p>Error to Wayne; Frazer, J.</p> <p>Replevin by Joseph A. Warren and' another against George P. Halley. From a judgment for defendant, plaintiffs bring error.</p>

Replevin by Franklin Rogers against Egbert F. Ferris. From a judgment for plaintiff, defendant brings error. July 2, 1894, plaintiff purchased a mare of the defendant, for which he gave three promissory notes, secured by chattel mortgage. Plaintiff claims that the defendant warranted her to be perfectly sound. Defendant admits the warranty, except as to two bunches on her hind legs.

Mandamus by Oren J. Frey against Clement Smith, circuit. judge of Calhoun county, to compel the entry of a judgment of acquittal in a. criminal case against relator.

<p>Mandamus by Ida M. Millard to compel Victor H. Lane, circuit judge of Lenawee county, to vacate an order quashing certain proceedings in garnishment.</p>

Mandamus by Josiah W. Sherwood and another to compel Frank D. M. Davis, circuit judge for Ionia county, to dismiss an appeal from justice’s court, and to vacate an order requiring relators to file .security for costs.

. Certiorari to Jackson; Peck, J. Edward O’Halloran and Charles Elliott, applied to ■the circuit court for' mandamus against Andrew J. YVeatherwax, mayor, and Charles P. Hunt, recorder, of the city of Jackson, to compel the approval of a liquor bond. The writ was issued as against the respondent Hunt, who brings certiorari.

Separate actions of trover by Alexander 0. McGraw and others, copartners, doing business as A. 0. McGraw & Company, and Julian M. Wile and Simon Stern, surviving partners of the firm of Wile, Stem & Company, against Adolph W. Sampliner and others. From a judgment for plaintiffs in each action, defendants bring error.

<p>Appeal from Wayne; Frazer, J.</p> <p>Bill by Frederick' Raff el and Mary Raff el against Alice E. Epwortb to foreclose a mortgage. From a decree for •complainants, defendant appeals.</p>

Assumpsit by the Merchants’ National Bank of Battle Creek against John A. Gregg on a “railroad aid” note-From a judgment for plaintiff upon verdict directed by the court, defendant brings error.

<p>1. Municipal Officers — Fixing Salaries — Authority of Council.</p> <p>Under a charter authorizing the common council to fix the compensation of municipal officers, subject only to the provision that the salary of no officer shall be diminished during the term for which he is elected or appointed, the council may, after the appointment of an officer, but before the commencement of his term, fix his salary at a sum less than that paid to the incumbent for the preceding term.</p> <p>2. Same — Good Faith.</p> <p>In the absence of a contrary showing, a city council will be presumed to have acted in good faith and upon sufficient reasons in reducing the salary of an officer from $1,200 to $5 a year.</p>

Debt upon a bond, by tbe board of education of tbe city of Detroit, for tbe use and benefit of Adam J. Ortb and others, against Alexander Grant, as principal, and James Hannon and Wendlin Springer, as sureties. From a judgment for plaintiff upon verdict directed by the court, tbe sureties bring error.

Assumpsit by Hazen S. Pingree against the Mutual Gas Company to recover overcharges for gas furnished. From a judgment for plaintiff upon verdict directed by the court, defendant brings error.

<p>Life Insurance — Lapsed Policy — Revival.</p> <p>The mere deposit of money with the local agent of a life-insurance company, to be applied to the payment of premiums on a lapsed policy in case an application for its revival should be approved at the home office, which, by express stipulation, alone has authority to-revive policies, is insufficient to effect a revival of the policy.</p>

Assumpsit by Moses W. Humphrey against the Eddy Transportation Company for a commission on the sale of boats. From a judgment for plaintiff, defendant brings error. The facts in this case are substantially conceded, and arc well and accurately stated in the appellant's brief as follows: “This is 'am action brought to recover a commission claimed on the sale of boats.

Bill by Fred A. Robinson and' others against -the city of Detroit, Francis A. Blades, city controller, and. Louis B. Littlefield, city treasurer, to enjoin tifie payment of salaries to certain municipal officers. From a decree dismissing the hill, complainants appeal.

Assumpsit by Harlan P. Cristy against Daniel J. Cam.pau, impleaded with Frederick Marvin, upon promissory notes. From a judgment for plaintiff on verdict directed by the court, defendant brings error. This action was brought upon two promissory notes, each in the sum of $2,000, dated August 4, 1893, made by Frederick Marvin, payable four months after date to his order, at the Third National Bank, with 7 per cent, interest.

Wayne; Frazer, J. .Bill by Viro W. Richardson, administrator of the estate of Israel E. Richardson, deceased1, against Lueetta R. Medbury and others, to establish a trust in land. Complainant appeals from a decree dismissing his bill.

Mandamus by Fred A. Maynard, Attorney General, against George E. Oogsba.il and others, composing the board of assessors of the city of Grand Bapids, to compel respondents to demand and receive from the several supervisors of said city the assessment rolls for the year 1895, and to spread the taxes thereon. The ward supervisors were allowed to intervene.

Motion by John P. Sanborn for an order staying proceedings in the probate court of St. Clair county, under an order of the circuit court, pending a determination on writ of error.

Petition of Julia Wallace for an order requiring George W. Stone, as receiver of the Central Michigan Savings Bank, to pay the claim of petitioner in full, in preference to general creditors. From an order granting the petition, respondent appeals.

Bill by William Hake against William Coacb for an accounting. From a decree declaring certain dealings to have been partnership transactions, defendant appeals.

Case by John H. Long against the Tribune Printing Company and Percival R-. Benson, impleaded with James E. Scripps, for libel. From a judgment for plaintiff, defendants bring error.

, presiding. Ejectment by Alfred L. Millard against Henry C. Hayward. From a judgment for defendant upon verdict directed by tlie court, plaintiff brings error.

<p>Error to Schoolcraft; Steere, J.</p> <p>Assumpsit by Paul Rediker against the Queen Insurance Company of America on a fire-insurance policy. From a judgment for plaintiff, defendant brings error.</p>

Joseph Yell, having been arrested for the violation of a penal statute, and committed in default of bail, sued out a writ of habeas corpus.

Bill by the E. P. Gustin Company against John Arn and Ann Arn in aid of execution. Complainant appeals from a decree dismissing the bill. In 1888, an old man, named Shepard, deeded to the defendant John Arn a quarter section of land. The consideration expressed in the deed was $2,500.

, presiding. Samuel J. Serrell, drain commissioner for the county of ■Oakland, applied to the circuit court for a writ of mandamus to compel Thomas L. Patterson, judge of probate for said county, to appoint special commissioners to determine the necessity for a proposed drain. Relator brings certiorari to review an order denying the writ.

Case by Celia Niles, administratrix of the estate of Frank Niles, deceased, against'the Minneapolis, St. Paul & Sault Ste. Marie Railway Company, for negligently causing the death of her intestate. From a judgment for plaintiff, defendant brings error. An employé assumes the risks usually incident to his employment, and also all those that ordinary observation makes apparent. Kean v. Rolling Mills, 66 Mich. 277, and cases there cited.

Bill by Julia E. Rice, administratrix of the estate of Wallace E. Rice, deceased, against Alonzo Rice, to enforce a trust. From a decree for complainant, defendant appeals.

Clair; Canfield, J. • Case by George J. Bradley against the Grand Trunk Railway Company for-personal injuries. From a judgment for defendant upon verdict directed by the court, plaintiff brings error.

Assumpsit to recover taxes paid under protest. From a judgment for plaintiff, defendant brings error. In the spring of 1892 the plaintiff was the owner of real-estate mortgages to the amount of $377,240, in each of which it was agreed that the mortgagor should pay the taxes upon the land.

<p>Bastardy — Evidence—Attempted Settlement.</p> <p>In a prosecution for bastardy, evidence that a brother of the respondent attempted to settle the matter has no tendency to prove the respondent’s guilt, if done without his knowledge.</p>

Frederick Eesh was convicted of an assault with intent to do great bodily harm, less than the crime of murder, and sentenced to imprisonment in the state house of correction and reformatory at Ionia for four years.

<p>1. Criminal Law — Warrant—Jurisdiction op Magistrate — Examination of Witnesses — Local Option Law.-</p> <p>The examination conducted by a justice of the peace prior to the issuance of a warrant of arrest for an offense not cognizable by him need not be reduced to writing, and, therefore, unless the contrary appears, it will be presumed that the justice had before him sufficient proof to confer jurisdiction.</p> <p>So held where, in a prosecution under the local option law, it was contended that the return of the justice failed to disclose that, at the time of issuing his warrant, there was any competent evidence before him tending to establish the fact that the law was in force within the county.</p> <p>2. Same — Trial—Requests to Charge.</p> <p>Error will not lie upon the refusal of requests to charge, the substance of which was covered by the charge as given.</p> <p>■3. Local Option Law — Preliminary Examination — Information —Evidence Warranting.</p> <p>Evidence adduced upon the preliminary examination of one charged with a violation of the local option law, tending to show that the respondent kept an ordinary saloon for the sale of intoxicating liquors, is prima facie sufficient to authorize the filing of an information containing the statutory exceptions in relation to druggists and registered pharmacists.</p> <p>4. Criminal Law — Witnesses Named on Information — Failure op Prosecution to Produce.</p> <p>A conviction will not be reversed because of the failure of the prosecution to produce a witness whose name was indorsed upon the information, where it appears that such witness was beyond the jurisdiction of the court, and that all evidence of the transaction in regard to which he was to testify was stricken out by the trial judge.</p> <p>5. Same.</p> <p>It is not error for the prosecution to refuse to call a witness whose name is indorsed upon the information, where proof of the fact to which he was to testify has become unnecessary.</p> <p>6. Violation op Liquor Law — Evidence.</p> <p>On a prosecution for keeping a place where liquors were illegally sold, evidence that persons were seen to enter such place sober, and afterwards come out intoxicated, is admissible.</p>

Case by Louise M. Tunnicliffe, an infant, by her next friend, William H. Tunnicliffe, against the Bay Cities Consolidated Railway Company, for personal injuries. From a judgment for plaintiff, defendant brings error.

Mandamus by Isaac 0. Wolcott against Victor H. Lane, circuit judge of Lenawee county, to compel the allowance of a suitable sum for counsel fees and expenses in defending a garnishment suit in the Supreme Court.

Assumpsit by John B. Smith, treasurer of Eaton county, against the German Insurance Company of Freeport, Illinois, on a fire policy. From a judgment for plaintiff, defendant brings error.

Assumpsit by John D. Weaver against the Grand Rapids & Indiana Railroad Company to recover the statutory penalty for failing to transmit a telegram. From a judgment for plaintiff, defendant brings error.

Dill by Ellen E. Carpenter against James W. Osborn, administrator of the estate of Edwin Byles, deceased, to compel the discharge of a mortgage; and cross-bill by said administrator against said Carpenter and others to foreclose the same. From a decree directing the discharge of the mortgage and dismissing the cross-bill, the administrator appeals.

Ejectment by Hattie Otis, an infant, by her next friend, Asa H. Otis, against George Kennedy and Samuel Kennedy. From a judgment for defendants, plaintiff brings error.

<p>1. Fraud — Instructions to Jury.</p> <p>An instruction in a civil action that, where fraud is sought to be proved by circumstantial evidence, “all of the circumstances must point to the one thing claimed, and admit of no other reasonable explanation,” is erroneous, in that it requires such fraud to be established beyond a reasonable doubt.</p> <p>2. Fire Insurance — Breach of Conditions — False Swearing.</p> <p>' A fire policy provided that, in case of loss, the insured should submit to an examination under oath, if required by the insurer, and that any fraud or false swearing by the insured should avoid the policy. Upon an examination so had, the insured included in his statement of loss a sewing machine, which had not been destroyed. In an action on the policy, he testified that, at the time of making such affidavit, he thought that the machine had burned, but that he afterwards ascertained to the contrary. The machine was subsequently discovered in an out-building, underneath some wood, admitted to have, been drawn and piled by the insured the day before the fire. Held, that an instruction that the policy was avoided by the false statement of the insured was properly refused.</p> <p>Grant, J., dissented, being of the opinion that, if the affidavit was not intentionally false, the facts showed it to have been made in such disregard of plaintiff’s duty under the contract as to vitiate the policy.</p>

Proceedings under tlie log-lien law by George Menery against Absalom Backus, Jr. From a judgment for plaintiff, defendant brings error.

Mandamus b,y John A. Jackson to compel Roscoe L. Corbett, circuit judge for Leelanaw county, to vacate an order setting aside the taxation of costs against a garnishee defendant.

Error io Ionia; Dodds, J., presiding. Trespass by Louisa Burtraw against Henry C. Clark and Hiram Little for digging a drain across the premises of the plaintiff under void proceedings. Plaintiff recovered a judgment, which was reversed in this court. (See 103 Mich. 383.) After the determination of the case on appeal, plaintiff proceeded to fill the ditch.

Case by James F. Grant against the city of Alpena for-maliciously preventing plaintiff from performing the duties of city marshal. From a judgment for plaintiff,, defendant brings error.

<p>1. Constitutional Law — Embezzlement—Sufficiency of Information.</p> <p>2 How. Stat. § 9421, providing that, under an information charging the embezzlement of money only, a conviction may be had for the embezzlement of any check, draft, bill of exchange, etc., does not violate the constitutional right of the respondent to be informed of the nature of the accusation against him, since he may in such case have the charge made certain by examination or by bill of particulars.</p> <p>2. Embezzlement — Amendment of Information.</p> <p>An information for embezzlement under 3 How. Stat. § 9176os, alleging that the money embezzled belonged to the complainant, and that it came to the possession of the respondent by virtue of his employment as agent or collector, may be amended by inserting an averment that the money was so received “ for the use of ” the complainant.</p> <p>8. Same — Agent for Collection — Receipt of Draft.</p> <p>An agent for the collection of a claim may be convicted under 3 How. Stat. § 9176», of embezzling a draft received by him thereon, where he deposits the same on his own account with intent to appropriate the entire proceeds, even though the draft was payable to his order, and he had the right to convert it into cash and take out his commission.</p> <p>4. Same.</p> <p>One who intrusts paper to another for collection on commission has such an interest in a draft received by the latter in payment of the debt as to support a prosecution for its embezzlement, although, at the time of leaving the paper, he took the agent’s receipt to “ account for the proceeds when paid.”</p> <p>5. Trial — Bequests to Charge.</p> <p>While, within bounds, requests to charge may properly allude to the effect of certain testimony, they should not be argumentative.</p>

<p>Careless Use oe Firearms — -Evidence—Directing Verdict.</p> <p>The absence of malice is an essential ingredient of the offense created by 2 How. Stat. § 9111, providing that any person who shall discharge, without injury to any other person, any firearm, while intentionally, without malice, aimed at or towards any person, shall be guilty of a misdemeanor, etc.; and where, in a prosecution under said statute, it appears from the undisputed testimony that a feud existed between the complaining witness and the accused, that the shooting was accompanied by threats, and that the weapon was deliberately aimed at such witness, and deliberately fired, verdict should be directed for the respondent.</p>

<p>Exceptions before judgment from Hillsdale; Lane, J.</p> <p>John Kahler was convicted of violating the local option law.</p>

David Kiley was convicted of receiving stolen property, and sentenced to imprisonment in the Detroit bouse of correction for two years.

<p>1. Criminal Law — Intent—Proof of Other Offenses.</p> <p>While it is a general rule that, on a trial for a felony, the prosecution will not he permitted to give evidence tending to prove the respondent guilty of another distinct and independent felony, still, where a felonious intent is an essential ingredient of the crime charged, and the act done is claimed to have been innocently or accidentally done, or by mistake, or the result is claimed to have followed an act lawfully done for a legitimate purpose, or there is room for such an inference, it is proper to characterize tile act by proof of other like acts producing the same result, as tending to show guilty knowledge, and the intent or purpose with which the particular act was done, and to rebut the presumption that might otherwise obtain.</p> <p>2. Same — Abortion.</p> <p>Thus, on a prosecution for manslaughter in committing an abortion, where the proof of guilt is circumstantial, the theory of the defense being that the premature birth was due to accidental causes, evidence that the respondent had performed other abortions in the same house is admissible to show guilty knowledge and intent.</p> <p>3. Abortion — Trial—Election of Counts.</p> <p>Where an information for manslaughter in procuring an abortion contains three counts, charging, respectively, the use of drugs, the use of an instrument, and the employment of means unknown, an election by the prosecution of the count relied upon for a conviction, made upon the submission of the case to the jury, sufficiently protects the rights of the respondent.</p> <p>4. Same — Sufficiency of Evidence.</p> <p>Evidence reviewed, and held to be sufficient to support a conviction.</p> <p>5. Same — Evidence.</p> <p>In a prosecution for manslaughter, by abortion, evidence that, after the death of the woman, a registered letter was delivered at the place where she was staying, containing a money order payable to her order, that respondent indorsed the order in her name, and that the money was obtained thereon, is admissible to show that the statements made by the respondent in a death certificate subsequently issued by him, giving another name for the deceased, were knowingly false.</p> <p><8. Same — Instructions to Jury.</p> <p>In. such a case, the refusal of an instruction that, if the jury believe that the deceased aborted from natural causes, or by reason of the ordinary sickness and vomiting, augmented by the sickness and vomiting of a sea voyage, together with nervous excitement, fatigue, lack of nourishment, and change of climate, respondent should be acquitted, is erroneous, where there is evidence in support of such theory.</p> <p>7. Same — Expert Testimony.</p> <p>An instruction in such case that the testimony of expert , witnesses is exposed to a reasonable degree of suspicion, and that, by giving too much weight thereto, juries have been induced to render unwarrantable verdicts, is reversible error, where, the respondent relied upon such testimony to support his theory that death resulted from natural causes.</p> <p>8. Expert Witnesses — Credibility.</p> <p>While the testimony of experts is not always the most reliable, and, comparatively, it has been held to have little value, such witnesses are to be judged from the same standpoint as other witnesses, and the fact that they are employed, or that they differ in their conclusions, does not justify the assumption, as a matter of law, that their testimony is open to suspicion.</p> <p>9. Secondary Evidence — Instrument Beyond Jurisdiction op Court.</p> <p>Parol evidence is. admissible to show the nature of a cablegram which is without the jurisdiction of the court, efforts having been made to obtain it.</p> <p>10. Common-Law Marriage — Validity.</p> <p>A marriage contract, without ceremony, cannot be valid if a ceremonial marriage would be unlawful under the same circumstances, as where one of the parties has a husband or wife living.</p>

George Cleveland was convicted of assault with intent to murder, and sentenced to imprisonment in the state prison at Jackson for eight years.

<p>1. Criminal Law — Complaint—Jurisdiction to Issue Warrant— Local Option Law.</p> <p>The complaint and examination preliminary to the issuance of a warrant of arrest for an offense not cognizable by a justice of the peace (e. g., a violation of the local option law) need not be reduced to writing, and, therefore, in the absence of a contrary showing, it will be presumed that the magistrate had sufficient proof before him to confer jurisdiction to issue the warrant.</p> <p>%. Same.</p> <p>The presumption so obtaining is not affected by the fact that a written complaint was taken, the averments of which were insufficient to authorize the issuing of a warrant, where it does not appear that no other evidence was adduced.</p> <p>3. Violation of Liquor Law — Jurors—Examination as to Competency.</p> <p>A conviction for a violation of the liquor law will not be reversed because the trial court required counsel for the respondent so to modify a question asked of a juror on his voir dire as not to suggest that he would have a desire to give his verdict one way or the other if the evidence should be even, but to ask him merely whether he would have such a desire, or which way he would find under such circumstances.</p> <p>4. Same — Evidence.</p> <p>Upon a prosecution for keeping a place for the sale of intoxicating liquors, in violation of the local option law, evidence of sales made prior to the date alleged in the information, extending over a period of three months, is admissible, as bearing upon the character of the place kept by respondent at the time charged.</p> <p>а. Criminal Law — Witnesses—Leading Questions.</p> <p>The trial court may, in its discretion, permit the prosecution to pdt leading questions to a witness for the people whose answers are evasive, and who evinces a disposition to favor the respondent.</p> <p>б. Same — Trial—Misstatement of Evidence.</p> <p>An inadvertent misstatement of an item of testimony by the trial judge in his instructions to the jury is not ground for a reversal, where the remark passed unchallenged at the time, and was apparently not prejudicial.</p>

<p>1. Female Prisoners — Commutation of Sentence — Transfer to House of Correction — Authority of Governor.</p> <p>Under 2 How. Stat. § 9865, providing that, whenever the sentence of any female confined in the State prison shall be, by the governor or other competent authority, “commuted to confinement for any period in the Detroit House of Correction,” the agent of the prison shall at once transmit such person to the superintendent of said house of correction, who shall keep her therein until the expiration of her sentence “ as commuted,” the governor has power to order that a woman sentenced to imprisonment in the State prison for life be transferred to the house of correction, without shortening the term of imprisonment.</p> <p>S. Sentence of Imprisonment — Transfer of Convicts.</p> <p>A sentence to imprisonment in a penal institution is subject to the provisions of law then in force for the transfer of convicts from one prison to another.</p> <p>3 Contract for Maintenance of Prisoners — Repeal op Statute-Effect.</p> <p>A valid contract made by tbe board of inspectors of the State prison for the keeping of female prisoners in the Detroit House of Correction was not abrogated by Act No. 118, Pub. Acts 1893, which, while superseding all prior acts relating to the management of the penal institutions of the State, expressly saved all existing rights and liabilities.</p>

Assumpsit by John Stanley against William A. Anderson for the breach of a contract to deliver lumber in payment of a debt. Plaintiff had judgment in justice’s court, and an appeal was taken to the circuit, where judgment was again rendered against defendant, and also against Job T. Reynolds and John Cole, as sureties on his appeal bond. Defendants bring error.

<p>Error to Wayne; Frazer, J.</p> <p>Assumpsit by William Wreford and another against Edwin H. Kenrick for rent. From a judgment in their favor for less than the amount claimed, plaintiffs bring error.</p>

Assumpsit by Edward M. Hitchcock against the Supreme Tent of the Knights of the Maccabees of the World, for the breach of a contract of employment. From a judgment in his favor for less than the amount claimed, plaintiff brings error.

Oertiorm'i to Saginaw; McKnight, J.. John C. Wilkinson applied to the circuit court for mandamus to compel the board of police commissioners of the city of Saginaw to reinstate him as a member of the police force of said city. From an order denying the writ, relator brings certiorari.

<p>Error to Emmet; Adams, J.</p> <p>Trover by Frank E. Brown and another against Jefferson P. Mynard. From a judgment for defendant, plaintiffs bring error.</p>

Petition by Stanley W. Turner, Auditor General, for the sale of certain lands delinquent for the taxes of 1892. From a decree setting aside certain taxes upon objections filed by tbe Keweenaw Association, Limited, petitioner appeals.

Bill by tbe township of Grant against the township of Reno to compel the payment by the defendant of its proportion of a judgment rendered against complainant upon certain bonds issued prior to the creation of the defendant township from territory of complainant. From ,a decree dismissing the bill on demurrer, complainant appeals.

, presiding. Assumpsit by Edgar D. Case against Eli T. Smith upon a promissory note. From a judgment for defendant on demurrer, plaintiff brings error.

, presiding. Bill by the Hamilton & Merryman Company and others against the township of L’Anse to remove a cloud from the title to lands, arising from an illegal tax levy. From a decree for complainants, defendant appeals.

<p>1- CoNSTITUTIONAL Law — Insurance—Eight to Do Business — Unlawful Discrimination.</p> <p>The State has the power to prescribe the conditions upon which individuals shall have the right to transact the business of insurance within its borders, so long as it does not violate the provisions of the Federal Constitution by discriminating against the citizens of other States.</p> <p>2. Same.</p> <p>Hence, the general insurance laws of this State containing no such discrimination, Act No. 74, Pub. Acts 1893, prohibiting the solicitation of insurance for any nonresident person, etc., without first obtaining the prescribed certificate of authority from the commissioner of insurance, is valid.</p>

<p>Exceptions before judgment from superior court of Grand Rapids; Burlingame, J.</p> <p>Zack VanDam was convicted of statutory burglary.</p>

<p>1. Criminal Law — Offense not Triable by Justice — Jurisdiction to Issue Warrant.</p> <p>The complaint and examination provided for by the statute prior to the issuance of a warrant of arrest for an offense not triable by a justice of the peace need not be reduced to writing, and, therefore, where a warrant issues, it will be presumed, unless the contrary appears, that there was sufficient evidence before the magistrate to justify him in assuming jurisdiction.</p> <p>3.Same — Complaint.</p> <p>In such case, the mere fact that a written complaint was taken, which was insufficient to authorize the issuing of the warrant, does not preclude the inference that a valid oral complaint was made.</p> <p>3. Same — Sufficiency of Warrant.</p> <p>It is not necessary that the warrant should recite the evidence adduced before the magistrate, or name the witnesses examined; and the fact that it does recite the making of complaint in writing, and the examination of the complainant on oath, will not exclude the presumption that other evidence was taken, if necessary to support the jurisdiction of the justice.</p> <p>4. Same — Local Option Law.</p> <p>Thus, a warrant for a violation of the local option law, containing such a recital, is not open to the objection that it not only fails to show, but negatives the fact, that the justice had ■legal evidence before him (1) that the law was in force within the county, and (3) that the respondent was not within the exception relating to druggists and registered pharmacists.</p> <p>5. Same — Sufficiency of Evidence.</p> <p>Whether it is competent for the circuit court, in any case, to review the evidence taken by a justice, to ascertain whether it was legally sufficient to establish the commission of the offense for which the warrant issued, — qucere.</p> <p>45. Local Option Law — Credibility of Witness — Instructions to Jury.</p> <p>Where, upon a prosecution for a violation of the local option law, it appears that the complaining witness purchased liquor from the respondent for the purpose of obtaining evidence against liim, an instruction that such fact should be considered by the jury, in determining the credit to be given to his testimony, is sufficiently favorable to the respondent, and it is not error to refuse instructions in that connection referring to such witness as a “ spy” and a “ hired witness,” and reciting that “ he was willing to and did ask the respondent to violate the law for the sole and express purpose of making a case and instituting a criminal prosecution against him.”</p> <p>7. Same — Proceedings of Board of Supervisors — Sufficiency-Record on Appeal.</p> <p>Where the record upon an appeal from a conviction under the local option law shows that the proceedings of the board of supervisors in relation to the adoption of the law were offered and received in evidence, respondent’s counsel waiving the reading thereof, and a copy of the evidence so introduced is not returned, an objection that the court erred in instructing the jury that the law was in force within the county will be disregarded, the question as to the sufficiency of the proof in that particular being for the court, and not for the jury.</p>

Ira J. Cox was convicted of keeping a house of ill fame, and sentenced to imprisonment in the State prison at Marquette for three years.

<p>Error to Lenawee; Lane, J.</p> <p>Assumpsit by John Warnes against David F. Brubaker upon an alleged contract for the sale of real estate. From a judgment for defendant on verdict directed by the court, plaintiff brings error.</p>

<p>Nuisance — What Constitutes.</p> <p>A coal and wood house, erected so near the premises of another as to darken his windows, does not constitute a nuisance, although it be so located from malicious motives. Flaherty v. Moran, 81 Mich. 52, distinguished.</p>

Bill by the American Mirror & Glass-Beveling Company to establish the individual liability of the stockholders in the Michigan Cabinet Company for the payment of its debts. From a decree sustaining the demurrer of the defendant Abby A. Bulkley, complainant appeals.

Trover by Herman Meisel and another against Arthur H. Welles and another. From á judgment for defendants, plaintiffs bring error. An alleged purchaser of goods, who causes an execution to be levied upon them as the property of the vendor, is estopped from claiming the goods in any other way than by virtue of such levy. Herman, Estop. § 977; Smith v. Taylor, 14 La. Ann. 663; Drew v. Kimball, 43 N. H. 282; Field v. Langsdorf, 43 Mo. 32.

<p>1. Divorce — Alimony—Support of Children.</p> <p>Under 2 How. Stat. § 6245, providing that, upon granting a divorce, if the estate of the wife is insufficient for the suitable support and maintenance of herself and the children committed to her care, the-court may decree to her such part of the personal estate of the husband, and such alimony out of his real and personal estate, as shall be just and reasonable in view of all of the circumstances, the court cannot direct that an amount awarded for the support of a child be paid to its guardian, instead of to the wife.</p> <p>3. Same — Reasonableness of Allowance.</p> <p>An award of $1,000 alimony to a wife who is granted a divorce and the custody of a minor child will not be disturbed, where the wife has pioperty valued at $3,500, and the husband has property worth $5,500.</p>

Case by Harriet Dennison against Charles W. VanWormer, a saloonist, and Myer Ephraim and Thomas Doyle, his bondsmen, under the civil-damage act. From a judgment for defendants, plaintiff brings error. Counsel cited, in addition to the cases referred to in the opinion, McMahon v. Dumas, 96 Mich. 467; Beers v. Wutilizer, 43 Hun, 254; Mead v. Stratton, 87 N. Y. 493; King v. Haley, 86 111. 106.

Summary proceedings by Maritta A. Gale against Charles Eckhart and another to recover the possession of land. From a judgment for defendants, complainant brings error.

Alcona; Simpson, J. Assumpsit by Absalom Backus, Jr., against Levi Morrill and another, for adArances on certain contracts. From a judgment in his favor for less than the amount claimed, plaintiff brings error.

<p>Error to Alcona; Simpson, J.</p> <p>Replevin by Absalom Backus, Jr., against Eustasch R. Barber. From a judgment for defendant, plaintiff brings error.</p>

Assumpsit by Margaret Hosmer against Elizabeth E. Welch to recover money received upon an insurance policy. From a judgment for plaintiff on verdict directed by the court, defendant brings error.

<p>1. Service oe Process — Waiver—Jurisdiction.</p> <p>A stipulation indorsed by tbe defendant upon a summons in connection with an acceptance of service, that the plaintiff may proceed with the case the same as though service had been made as commanded in the summons, is sufficient to confer jurisdiction upon the court, although it was made beyond the territorial jurisdiction.</p> <p>2. Judgment — Assumpsit—'Void Lien Proceedings.</p> <p>A judgment in assumpsit is not void because of an ineffectual attempt to enforce a mechanic’s lien in the same proceeding.</p> <p>3. Same — Execution—Validity.</p> <p>An execution whose command is general, issued upon such judgment, is not invalid because it recites that the suit was instituted to enforce such lien, and describes the property against which it was asserted. Koepke v. Dyer, 80 Mich. 311 j distinguished.</p>

Trespass de boms by Franklin D. Perry and another against Isaac R. Church. Defendant interposed a demurrer, which was sustained in part and overruled in part. Both parties bring error.

<p>1. Fraudulent Debtor Act — Sufficiency of Affidavit — Reference to “Revised Statutes.”</p> <p>A reference to “ chapter 141 of the Revised Statutes of this State,” contained in an affidavit for a warrant of arrest under the fraudulent debtor act (2 How. Stat. chap. 304), sufficiently designates the Revision of 1846, as all other revisions are entitled “ Compiled Laws” or “ Howell’s Annotated Statutes.”</p> <p>2. Same — Allegations of Indebtedness.</p> <p>An allegation in such affidavit that defendant is justly indebted to plaintiff in a specified sum upon two promissory notes sufficiently shows the character and amount of the indebtedness, within the requirement of section 4 of the act.</p> <p>3. Same — Knowledge of Affiant.</p> <p>It is no objection to the affidavit that it was made by plaintiff’s attorney, and that it contains no showing that he had personal knowledge of the matters therein set forth, where the facts essential to the jurisdiction are stated positively, and are not of such nature that they could not have been within the knowledge of the affiant.</p> <p>4. Same — Constitutional Law — Imprisonment for Debt — Cruel ■ and Unusual Punishment — Rights of Accdsed Person — Jurisdiction of Circuit Court Commissioner.</p> <p>Said act is not in conflict (1) with section 33, art. 6, Const., prohibiting imprisonment for debt founded upon contract, since such, section expressly excepts cases of fraud; (2) with section 81, art. 6, prohibiting the imposition of cruel or unusual punishment, since, under section 11 of the act, the debtor may secure his release from imprisonment by paying the debt, by giving security for its payment, by assigning his property and obtaining a discharge under chapter 806, 2 How. Stat., or by giving security that he will obtain such discharge; (3) with section 28, art. 6, guaranteeing certain rights to the accused in every criminal prosecution, since the action provided for is a civil and not a criminal proceeding; or (4) with section 1, art. 6, vesting the judicial power in certain courts and in justices of the peace, in that it assumes to confer such power upon a circuit court commissioner.</p>

Assumpsit by Rufus J. Hyde against John W. Leisenring for medical services rendered to defendant’s infant child. From a judgment for plaintiff, defendant brings error. The facts found by the trial court in this case are as follows: “First.

, presiding. Case by Jolm C. Strudgeon, by bis nest friend, against tbe village of Sand Beach, for personal injuries. From a judgment for plaintiff, defendant brings error.

Mary Summon presented a claim against the estate of her deceased father, Michael Sammon, for services rendered, the allowance of which was resisted by O. Scott Wood, the administrator of his estate. The claim was disallowed in probate court, and the claimant appealed to the circuit, where a verdict disallowing the claim was directed by the court. Claimant brings error.

Case by Edgar A. Crane, administrator of the estate of Daniel A. Crane, deceased, against the Michigan Central Railroad Company, for negligently causing the death of plaintiff’s intestate. From a judgment for plaintiff, defendant brings error.

Case by Mary M. Steele, administratrix of the estate of Newman Steele, deceased, against the Chicago & Grand Trunk Railway Company, for negligently causing the death of plaintiff’s intestate. From a judgment for plaintiff, defendant brings error. The defendant’s road, consisting of a single track, runs east and west through Imlay City. Almont avenue, one of the principal streets, runs north and south, crossing the track at right angles.

Mandamus by Adolphus A. Ellis to compel the board of state auditors to take the steps necessary to arrive at a just and equitable settlement of the claim of the State against relator for an excess of salary received by him, pursuant to a joint resolution of the legislature.

Replevin by Albert Miller and another against Ross, Bradley & Company, a corporation. From a judgment for plaintiff's on verdict directed by the court, defendant brings error.

<p>Error to Van Burén; Hawes, J.</p> <p>Case by Norman A. Secord against the Chicago & Michigan Lake Shore Railroad Company for personal injuries. From a judgment for plaintiff, defendant brings error.</p>

Assumpsit by the First National Dank of Flint against the Union Central Life Insurance Company, impleaded with Gary E. Goodrich and John Eock, on a bill of exchange. From a judgment for plaintiff on verdict directed by the court, defendant brings error.

<p>1. Trespass to Land — By Whom Maintainable.</p> <p>A vendee in a land contract, who has neither actual nor constructive possession of the land, cannot maintain an action for a trespass thereon.</p> <p>2. Same — Assignment.</p> <p>A right of action for trespass to land in cutting timber therefrom is assignable.</p> <p>3. Same — Pleading.</p> <p>A declaration in trespass by an assignee of the demand sued upon is fatally defective in not setting up the assignment.</p>

Assumpsit by Joseph L. Hudson against Elmer E. Emmons on a promissory note. From a judgment for plaintiff on verdict directed by the court, defendant brings error. Plaintiff’s suit is based upon a promissory note, which reads as follows: “$212.00.

Assumpsit by Charles W. Ferine against Bobert S. Standfield and another for the breach of a building contract. From a judgment for plaintiff, defendants bring error.

Edward O’Neill was convicted of violating the local option law, and sentenced to imprisonment in the state house of correction at Ionia for a term of six months, execution of sentence being stayed pending his appeal to this court.

<p>Exceptions before judgment from Eaton; Smith, J.</p> <p>Ira Shaver was convicted of burglary.</p>

Mandamus by Helen H. Newberry, trustee, to compel William L. Carpenter, circuit judge of Wayne county, to vacate an order impounding certain property belonging to relator, for use as exhibits in a criminal cause.

<p>Criminal Law — -Sentence—Imprisonment in House oe Correction.</p> <p>Section 29 of Act No. 1-18, Pub. Acts 1893, authorizing the courts to sentence to the state house of correction persons convicted of a misdemeanor, where the punishment imposed is not less than 6 months’ imprisonment, applies to one convicted under a statute in force at the time of the adoption of said act (e. g., Act No. 8, Pub. Acts 1893, prohibiting the sale of liquor upon any waters within the jurisdiction of the State, but outside of the boundaries of any city, village, or township), a violation of which is in terms made punishable by imprisonment in the county jail. People v. Gobles, 67 Mich. 175, distinguished.</p>

Bill by William H. Horning against Hattie Horning for a divorce. Defendant answered, claiming the benefit of a cross-bill, and a decree was entered in her favor, from the terms of which she appeals.

Case by Olive Anderson, administratrix of tbe estate of William Anderson, deceased, against the Michigan Central Railroad Company, for negligently causing the death of plaintiff’s intestate. From a judgment for plaintiff, defendant brings error.

Assumpsit by Patrick B. O’Brien against Frederick Evans to recover the amount alleged to be due upon a land contract. From a judgment for plaintiff, defendant brings error.

<p>Negligence — Accident at Railroad Crossing — Proximate Cause —Horse Beyond Control of Driver.</p> <p>Plaintiff’s intestate was driving along the highway in the direction of a railroad crossing, and had reached a point about 100 feet distant therefrom, when the thills became detached from the buggy upon one side, and dropped down, causing the horse to jump and run, and at the same time preventing the buggy from being drawn straight. The plank roadway at the crossing was but 14 feet in width, and the surface of the planks was lower than the top of the rails. On reaching the crossing, the wheels of the buggy came in contact with the projecting rails, and slid off the end of the planking, and the intestate was thrown out and killed. Held, that the improper planking of the crossing was not the proximate cause of the accident, and that the railroad company was not liable. Lambedle v. Railroad Co., 106 Mich. 512, followed.</p>

Certiorari by Orson E. Locke to review the action of the highway commissioner and the township board of Wyoming township, Kent county, in establishing a highway across petitioner’s land. There was a judgment for respondents, and petitioner brings error.

Assumpsit by Ralph Kamp against Peter H. Winter-mute for labor performed for a corporation in which defendant was a stockholder. From a judgment for defendant, plaintiff brings error.

Assumpsit by Amos P. Musselman against Edwin B. Wright upon certain labor claims against a corporation in which defendant was a stockholder. From a judgment for plaintiff, defendant brings error. The Muskegon Car Company was organized under Act No. 232, Pub. Acts 1885 (3 How.

Bill by Addison T. Brown and others against the city of Saginaw to restrain the collection of a special assessment. From a decree for complainants, defendant appeals.

<p>1. Accounting — Stipulation—-Release and Discharge.</p> <p>Where, pending an accounting, the parties enter into a stipulation providing that, whenever the complainant shall be relieved from liability upon certain outstanding obligations, he will receipt to the defendant for a given amount, to be applied upon any sum that may be found due from the defendant upon such accounting, and, pursuant to such stipulation, the release is secured, the receipt given, and the application made, the complainant cannot, upon a second accounting in the same suit, compel the defendant to account for any part of the amount so receipted for and credited, merely because the latter obtained such release for less than the face value of the obligations.</p> <p>2. Same — Appeal—Costs.</p> <p>An additional allowance for expenses will be made to the complainant in a suit for an accounting, where it appears that, after his right to an accounting had been judicially determined, the defendant, for the purpose of harassing the complainant, and depriving him of his just share of the fund in controversy, instituted various other suits, compelling complainant, in order to protect his interests, to make large expenditures, which would otherwise have been wholly unnecessary.</p>

<p>1. Appeal — Harmless Error.</p> <p>The exclusion of cumulative evidence on an uncontradicted point is not prejudicial error.</p> <p>2. Husband and Wipe — FrAud—Evidence.</p> <p>In trover by a wife against a mortgagee of the husband for property which she claimed to have owned, but which she had permitted the husband to use in his business, the husband, who was sworn for the plaintiff, having admitted on cross-examination that he told a former partner that the property belonged to him, was further questioned regarding his motive in. deceiving his partner. Held, that the evidence was properly excluded as immaterial.</p> <p>3. Trial — Remarks op Counsel.</p> <p>A judgment will not be reversed because of the improper remarks of counsel for the prevailing party, where such remarks were apparently made in reply to similar remarks by-appellant’s counsel.</p> <p>4. Appeal — Questions not Raised Below.</p> <p>A failure to charge the jury upon a point as to which no instruction was requested, and to which the attention of the court was not called, cannot be urged upon appeal as ground for a. reversal.</p>

<p>1. Attachment — Sufficiency of Service — Jurisdiction.</p> <p>Under the statute relating to proceedings by attachment in justice’s court (2 How. Stat. § 6840 et seq.), the officer who seizes and inventories the property must complete the execution of the writ by making personal or substituted service upon the defendant, and a return of such service by another officer, to whom the writ was delivered, confers no jurisdiction upon the-justice to proceed to judgment.</p> <p>2. Trover — By Whom Maintainable — Rights of Mortgagee.</p> <p>Mere possession under a void execution sale will not support an action of trover against a mortgagee who has seized the property under the insecurity clause in his mortgage, notwithstanding he proceeds to a sale before the maturity of the mortgage debt.</p>

<p>Error to Jackson; Peck, J.</p> <p>Assumpsit by Zenas R. Wright against Theodore A. King and others upon a sheriff’s bond. From a judgment for defendants, plaintiff brings error.</p>

Assumpsit by Henry H. Hinds against the township of Belvidere to recover taxes paid under protest. From a judgment for. defendant, plaintiff brings error.

Case by Tbaddeus B. Moon against Robert McKinstry for false representations on tlie sale of real estate. From a judgment for plaintiff, defendant brings error.

William G. Taylor instituted proceedings before the township board of Maple Grove township, Manistee county, to remove Frank Shimmel from.the office of assess- or of school district No. 4, in said township. From a judgment of the circuit court on certiormi, affirming the action of tlie board in removing him, defendant brings error.

<p>Appeal from Montcalm; Davis, J.</p> <p>Bill by Herbert Edwards against Ann E. Waghorn for the specific performance of a contract. From a decree for complainant, defendant appeals.</p>

Case by Clark C. White against the Grand Rapids & Indiana Railroad Company for the wrongful ejection of plaintiff from one of defendant’s trains. From a judgment for plaintiff, defendant brings error.

<p>Error to Wayne; Donovan, J.</p> <p>Assumpsit by Elizabeth Maier against the Massachusetts Benefit Association on a life-insurance policy. From ■a judgment for plaintiff, defendant brings error.</p>

Case by Chandler G-. Bullard, survivor of himself and Zenas H. Bullard, late copartners, against the American Express Company, to recover damages for defendant’s refusal to call for and deliver packages at plaintiff’s place of business. From a judgment for defendant on verdict directed by the court, plaintiff brings error.