Volume 115 — Michigan Reports

Bill by Butterworth & Lowe against the Kritzer Milling Company and others to foreclose a mortgage. Prom a decree for complainant, defendant milling company appeals.

, presiding. Certiorari by Jerry Roberts to review the action of Timothy Smith, drain commissioner of Livingston county, in laying out and establishing a drain. From a judgment sustaining the proceedings, plaintiff brings error.

Assumpsit by the Record Publishing Company of Philadelphia against William R. Merwin upon a contract for advertising. Prom a judgment for plaintiff, defendant brings error.

Bid by Edward Lawton and others against Henry W. Richardson, John Phillips, and others, for the appointment of a receiver. From an order denying a petition to vacate an order appointing a receiver, defendant Phillips appeals.

, presiding. Bill by Elmer Trombley, an infant, by Nicholas Lang, his next friend, against George Hoffmann and Lotta Hoffmann, to set aside a deed. On the death of complainant, the suit was revived in the names of Nicholas Lang, administrator, and others. From a decree dismissing the bill, complainants appeal.

Assumpsit by John M. Nicol, assignee of Eber B. Ward, against Amza L. Fitch and others, for services rendered. From a judgment for plaintiff, defendants bring error.

<p>1. Attorneys at Law — Employment—Retainer—Estoppel.</p> <p>An insurance company which forwards from the home office a check payable to the order of an attorney as a retainer fee in proceedings to be instituted, and which is kept constantly advised of what he does in its behalf, cannot question the fact of his employment.</p> <p>2. Same — Prosecution for Crime — Interest of Private Parties —Preliminary Proceedings — Public Policy.</p> <p>Public policy does not forbid the employment of an attorney by private parties to prepare for presentation to the prosecuting attorney a statement of the facts and the law applicable to an alleged case of embezzlement, to draft the complaint in justice’s court, and to attend the examination of the accused, with a view to having him brought to justice if guilty of the crime charged.</p> <p>3. Same — Entire Contract — Illegal Provision — Assistance in Prosecution.</p> <p>But if the contract is entire, and contemplates the rendition not only of services in the preliminary proceedings, but of assistance to the prosecuting attorney in the circuit court, it is in contravention of 1 How. Stat. § 560, prohibiting attorneys who have received compensation from any person interested in prosecuting a person charged with felony from aiding in the prosecution, and no recovery can be had thereunder.</p>

Joseph; Yaple, J. Case by Rebecca Bowersox against Noah L. Bowersox for alienating the affections of plaintiff’s husband. From a judgment for plaintiff, defendant brings error.

<p>Error to Berrien; Coolidge, J.</p> <p>Case by John N. Chaddock against Roscoe Tabor for personal injuries. From a judgment for plaintiff, defendant brings error.</p>

Assumpsit by the Stilwell-Bierce & Smith-Vaile Company against the Niles Paper-Mill Company for goods sold and delivered. Prom a judgment for defendant, plaintiff brings error. This is a suit brought to recover the price of certain mill machinery, which plaintiff claims to have sold defendant in the year 1893. The defense is non assumpsit. The defendant is a corporation organized under the statutes of this State.

Assumpsit by Robert O. Lempke against Rebecca L. Felcher for work and labor performed. From a judgment for plaintiff, defendant brings error.

<p>Error to Kent; Grove, J.</p> <p>Assumpsit by Herbert D. Perkins against William H. Brown upon a promissory note. From a judgment for defendant, plaintiff brings error.</p>

Assumpsit by the People of the State of Michigan, for the use and benefit of Frank B. Holmes and Albert R. Strachan, copartners, against Joseph W. Cotteral, Joseph W. Cotteral, Jr., Charles E. Bresler, and John E. Calnon, upon a statutory bond. From a judgment for plaintiffs on verdict directed by the court, defendants bring error.

Assumpsit by William J. Brown against Louis Schiappacasse for rent. Prom a judgment for plaintiff on verdict directed by the court, defendant brings error.

Assumpsit by the Keystone Manufacturing Company against Charles Forsyth and Charles Neuendorf upon a promissory note. From a judgment for defendants, plaintiff brings error.

<p>1. Exemptions — Right op Selection — Husband and Wipe.</p> <p>The right to determine which two of several cows belonging to a married man shall be exempt under the statute (2 How. Stat. § 7686, subd. 6) rests with the husband, and is not subject to the wife’s concurrence or consent.</p> <p>2. Same — Chattel Mortgage — Validity.</p> <p>Although a mortgage on exempt property is void, under 2 How. Stat. § 7686, subd. 9, unless signed by the wife, a mortgage of two cows is valid without the wife’s signature, where thehus-' band owns five cows; the giving of the mortgage being construed as a selection of those which are not exempt.</p>

Bill by Ellen Hendrickson, administratrix of the estate of Thomas Hendrickson, deceased, against Frederick Voss and Theresa Voss, in aid of execution. From a decree ■dismissing the bill, complainant appeals.

<p>Mandamus by Smith G. Ketcham to compel William E. Grove, circuit judge of Kent county, to quash certain garnishment proceedings.</p>

Mandamus by Clark A. Serviss and others to compel the board of public works of the city of Detroit to approve a plat of lands. From an order denying the writ, relators bring certiorari.

Eugene Maguire was adjudged insane, and committed to the asylum for the dangerous and criminal insane at Ionia, from which order he appeals.

<p>■ Holidays — Intoxicating Liquors — Illegal Sale — Statutes.</p> <p>Prior to the enactment of Act No:' 185, Pub. Acts 1893, the statute as to legal holidays (1 How. Stat. § 1591) provided that, in case any of the holidays should fall upon a Sunday, then the Monday following should be considered as the said holiday. By the amendatory act of 1893 it was provided that, whenever certain specified holidays (including the Ith day of July) should fall upon Sunday, the Monday following should be deemed a public holiday “for all or any of the purposes aforesaid.” Respondent, who was' convicted under an information charging him with keeping his saloon open “on Monday, the 5th day of July, 1897, * * * a legal holiday,.” appealed, contending that the selling of liquor was not a purpose specified, in the act of 1893, and that, under the terms of that statute, a Monday following a legal holiday could be treated as a holiday only for the purposes specified in the act. Held, that the act should not be so construed, and that the respondent, in selling liquor on the day charged, violated 3 How. Stat. § 2283e, requiring saloons to be closed on all “legal holidays.”</p>

<p>Error to Kent; Grove, J.</p> <p>Assumpsit by the John A. Tolman Company against Ransom Reed and M. Francis Griffin on a contract of guaranty. From a judgment for plaintiff, defendants bring error.</p>

Bill by William Howlett against Ellen M. Howlett to set aside a deed. From a decree for complainant, defendant appeals. Complainant and defendant were married February 8, 1852; he being then 35, and she 16, years of age. Her father had previously died, and about the same time a brother also died. From those estates she received $600. or $700, which, with her consent, her husband took and used in paying his own debts and in improving his land.

<p>Error to Saginaw; Wilber, J.</p> <p>Aqsurnpsit by Julius C. Hohn against the Inter-State Casualty Company, of New York, on a policy of accident insurance. From a judgment for plaintiff, defendant brings error.</p>

Assumpsit by Benjamin Johnson against the London Guarantee & Accident Company on a policy of insurance. From a judgment for plaintiff, defendant brings error. Plaintiff took out an accident policy in the defendant company in the year 1892, for the sum of $3,000, with a weekly indemnity of $15, “against bodily injuries sustained through external, violent, and accidental means.” A written application was made, which was a part of the policy. The premium was $4 per $1,000.

<p>Error to superior court of Grand Rapids; Burlingame, J.</p> <p>Case by Annabelle Hemsworth against Nathan A. Cushing to recover damages for removing the lateral support to plaintiff’s land. From a judgment for plaintiff, defendant brings error.</p>

<p>1. Replevin — Joint Owners — Instructions.</p> <p>An instruction in replevin for a piano, which plaintiff claimed as a gift from defendant’s father, that unless the alleged donor was the sole owner of the instrument he could not make a lawful gift of it, was erroneously modified by adding, “without the consent of the other joint owner,” where defendant was the only person who could have been a joint owner, and there was no evidence that she ever consented to the alleged gift.</p> <p>3. Same — Parties—Defenses.</p> <p>The daughter of defendant in replevin is not a necessary party to the action, where defendant was in possession of the property, and refused to surrender it on demand, although she sets up the defense of title in such daughter.</p> <p>3. Gift — Delivery.</p> <p>A sufficient delivery of a piano from the donor to the donee takes place where a piano previously given to the donee is exchanged at her request for the one in question, which is moved into the donor’s house, where the donee makes her home.</p> <p>4. Trial —Error in Receiving Incompetent Testimony — Duty of Court — Instructions.</p> <p>Where the trial court concludes that incompetent evidence has been admitted, he should point it out specifically, and direct the jury to disregard it; and it is error to instruct them generally that, if they find that part of the evidence is “rubbish,” having no bearing upon the issue, they may disregard it.</p>

Assumpsit by Marie A. Barbier, executrix of the last will and testament of Francois Barbier, deceased, against Mary A. Young, upon a promissory note. From a judgment for defendant, plaintiff brings error.

Case by Lucy L. Osborn against the Detroit, Grand Haven & Milwaukee Railway Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

<p>Error to Tuscola; Beach, J.</p> <p>Case by James H. Moore against the Saginaw, Tuscola & Huron Railroad Company for personal injuries. From a judgment for plaintiff, defendant brings error.</p>

Assumpsit by Joseph Schmitz, Jr., as assignee of the administratrix of the estate of Joseph Schmitz, deceased, against Willis E. Beals, impleaded with Charles Cameron, to recover payments made under a land contract. From a judgment for plaintiff on verdict directed by the court, defendant brings error.

Case by Theodore Lyons, administrator of the estate of Joseph Delille, deceased, against the Bay Cities Consolidated Railway Company, for negligently causing the death of plaintiff’s intestate. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

<p>Mandamus by tbe Michigan Female Seminary to compel Washington Gardner, Secretary of State, to file and record relator’s articles of reincorporation.</p>

Case by James Gilboy and another against the city of Detroit for damages alleged to have been sustained through the negligence of the board of health of said city. Erom a judgment for defendant on demurrer to the declaration, plaintiffs bring error. This is an action of tort.

Ejectment by Walter C. Wood against Elijah E. Bigelow and others. Prom a judgment for defendants on verdict directed by the court, plaintiff brings error.

Debt by. John J. Kluck against Jerry Murphy. From a judgment reversing, on certiorari, the judgment of a justice of the peace, plaintiff brings error.

Assumpsit by Robert Caldwell and William Loudon against Elnora Jones and E. S. Jones upon a promissory note. From a judgment for defendant Elnora Jones on verdict directed by the court, plaintiffs bring error.

Assumpsit by Frank E. Haines and Charles T. Fair-bairn against Thomas H. Gibson and James H. Gamble, principals, and Carl Peterson, Louis Calus, and Barnet Levine,' sureties, upon a bond for the performance of a lumbering contract. From a judgment for plaintiffs on verdict directed by the court, defendants bring error.

Assumpsit by David H. Holmes against Joseph W. Fordney to recover a commission on the sale of certain timber. From a judgment for plaintiff, defendant brings error.

Case by William G. Livingston, an infant, by his next friend, against Walter T. Bradford, for slander. From a judgment for plaintiff, defendant brings error.

Case by Harriett Neversorry against the Duluth, South Shore & Atlantic Railway Company for killing stock. From a judgment for plaintiff, defendant brings error. Three horses belonging to plaintiff were killed upon the defendant’s right of way by one of its trains. Recovery was based upon the failure of the defendant to maintain proper fences. One David Crowley owned 160 acres of land, through which defendant’s road passed.

<p>1. Chattel Mortgages — Assignment.</p> <p>An instrument purporting, for a valuable consideration, to ‘' assign, release, and deliver” to a third person all right, title, and interest in the security or property covered by a chattel mortgage therein described, is an assignment of the mortgage, and not a discharge thereof.</p> <p>2. Same-j-Parties — Res Judicata.</p> <p>A mortgagee of chattels assigned the mortgage, and afterwards obtained judgment against the mortgagor on the debt, in an action to which the assignee was not made a party. Held, that, although the mortgagor defended on the ground that the debt had been assigned, the judgment was not binding on the assignee.</p> <p>3. Same — Discharge—Evidence—Appeal.</p> <p>Whether or not there was error in permitting a township clerk to testify that he had no authority to enter the cancellation of a certain chattel mortgage, and that the entry was made through mistake, becomes immaterial on appeal, where the record itself does not show that the alleged discharge was made in the manner prescribed by the statute (2 How. Stat. § 6201).</p>

Petition by the Citizens’ Savings Bank of Detroit against Coleman C. Vaughan, John H. Fedewa, and Edwin EL Lyon, receivers of the Michigan Mortgage Company, Limited, for the payment of dividends. Held: That the bank might offset the credit against the demand note. (2) That the mortgage company was not liable upon the Brown and Fedewa notes, as the indorsement was by one officer only. (3) That the bank was not entitled to interest upon its unpaid dividend.

, presiding. Bill by the Detroit National Bank against Cornelia H. Blodgett and others to foreclose certain mortgages. From a decree for complainant,- defendants Charles G. and Ralph C. Blodgett appeal.

<p>Appeal from Calhoun; Smith, J.</p> <p>Bill for partition by Frederick B. Hooper against Alice McAllister and others. From the decree rendered, complainant appeals.</p>

Bill by the township of La Grange to restrain the superintendents of the poor of Cass county from expending county funds for the support of poor persons having settlements in particular townships. From a decree dismissing the bill on demurrer, complainant appeals.

<p>Error to Kent; Grove, J.</p> <p>Case by Orlando C. Frisbee and others against Frank Chickering for deceit. From a judgment for plaintiffs, defendant brings error.</p>

<p>Appeal from Monroe; Kinne, J.</p> <p>Bill by Jasper N. Smith, executor of the last will and testament of Jane Powlesland, deceased, against Caroline G.’ Jackman and others, to enforce a lien upon real estate for the payment of a legacy. From a decree for complainant, defendant Jackman appeals.</p> <p>Complainant is the executor of the last will and testament of Jane Powlesland, who was the widow of William Powlesland. Mr. Powlesland died, testate, July 17,1891, leaving a widow and one child, the defendant Caroline Jackman. He left real estate valued at' $10,000, and personal property valued at $6,000. His will was probated September 11,1891. It contained the following provisions:</p> <p>" First. I give and bequeath to my beloved wife, * * * in money, $3,000, to be paid in accordance with the following provisions, to wit:</p> <p>“Second. I will and bequeath all the residue and remainder of my personal property, and all of my real estate [describing it], to my only child, Caroline Georgiana Jackman, for her sole use and benefit during her life, and at her death to her children [naming them] : Provided, that the aforesaid payment of $3,000 be made to my wife, or the annual interest at the rate of 7 per cent, annually, as she, my wife, may elect; and, at any time when my wife may want any portion or the whole of said amount of $3,000, it shall be paid to her on three months’ notice, either verbal or written, or she may sell enough out of said real estate to pay said amount on the failure of my daughter to pay her after the aforesaid notice.”</p> <p>His widow was made executrix, rendered her final account, and was discharged May 3,1892. She turned over to her daughter all the real and personal property. She received from Mrs. Jackman interest on $3,000 until 1895. In March of that year, she demanded $1,000. On September 27, 1895, she, through her attorney, made a written demand for the payment of the $3,000. About the 1st of September, Mrs. Jackman paid $100. Mrs. Powlesland died November 23, 1895. Mrs. Jackman had paid none of the principal except the $100. Mrs. Powlesland made several specific bequests, and devised the residue, which was the greater part of her property, to two of her grandchildren. Mrs. Jackman contested the will, but it was duly probated. The purpose of this bill is to secure the payment of $2,900, by enforcing a lien upon the real estate, which, it is claimed, was given by the terms of Mr. Powlesland’s will. The learned circuit judge made the following finding:</p> <p>“I find that it was the intention of William Powlesland to place this sum of $3,000 at the absolute disposition of his widow, thus enabling her to keep the same at interest at the rate of 7 per cent, per annum, if she wished, secured by the real estate named, or at any time, on her own volition, to call in and secure payment of any part or the entire sum of $3,000. Prom the evidence, I find that, some time previous to her death, she exercised her right and privilege, and did call for and demand the entire sum remaining unpaid, which is conceded to be $2,900. I find that the real estate remained impressed with the burden of this money, and must respond to its payment.”</p> <p>Decree was entered in accordance with this finding.</p>

Trespass quare clausum fregit by William Burke against Dayton Douglass. From a judgment, for defendant on verdict directed by the court, plaintiff brings error. This suit was commenced in justice’s court. Defendant pleaded title, and the case was thereupon certified to the circuit for trial. Defendant owns the record title. Plaintiff claims title by adverse possession.

Gerry J. Baker was convicted of peddling without a license, contrary to the provisions of a city ordinance, and sentenced to pay a fine of $10 and costs of prosecution, and, in default, to be confined in the county jail until such fine and costs should be paid, not exceeding 15 days. The charter of the city of Ionia empowers its common council to license and regulate hawkers, peddlers, etc. It enacted an ordinance that such persons should pay a weekly license of five dollars.

Mandamus by Timothy Smith, drain commissioner of Livingston county, to compel the board of supervisors of said county to order the spreading of a drain tax.

Case by Gustaves Hine against tbe Bay Cities Consolidated Railway Company to recover for moneys expended in effecting the cure of plaintiff’s daughter, alleged to have been injured through defendant’s negligence. From a judgment for defendant, plaintiff brings error.

Bill by Robert S. Moreland and others against Robert D. Strong and Elijah Lindsay ( Chauncey F. Cook, intervening petitioner) for the partition of certain real estate, and a division of the crops. From a decree for complainants, defendants and intervener appeal.

<p>1. Criminal Law — Alibi—Instructions.</p> <p>An instruction in a criminal case that the jury should carefully scrutinize any evidence in relation to an alibi, for the reason that an alibi is a defense that is easily proved and hard to disprove, is not erroneous.</p> <p>3. Same — Trial—Impeachment op Witnesses.</p> <p>Upon a trial for arson, respondent’s wife was asked if, in a conversation in which E. participated, in the presence of J., she did not assent to certain statements made by E. She "denied the conversation, and' that she was present at the place mentioned on the occasion referred to. Thereupon J. was permitted to testify that in such conversation E. made a statement concerning respondent’s whereabouts on the night the crime was perpetrated, and that respondent’s wife agreed with E. Held, that J. ’s testimony was admissible.</p> <p>3. New Trial — Reasons por Denial — Failure to State.</p> <p>The failure of the court to file reasons for the denial of a motion for a new trial is not reversible error where no request therefor was preferred.</p>

Exceptions before judgment from Ottawa; Padgham, J. Abel Japinga was convicted of having allowed a minor to remain in his saloon where intoxicating liquors were sold.

Case by George S. Ostrander against the city of Lansing for personal injuries. Prom a judgment for plaintiff, defendant brings error.

Case by Carrie Bettys against the township of Denver for personal injuries. From a judgment for plaintiff, defendant brings error.

<p>Appeal from Kent; Adsit, J.</p> <p>Bill by Thomas Hooper against Jacob De Vries, Sr., and Ida De Vries, for a partition of real estate. From a decree for complainant, defendants appeal.</p>

Mandamus by the Warren-Scharf Asphalt-Paving Company, a foreign corporation, to compel Washington Gardner, secretary of state, to record certificates of increase of relator’s capital stock.

Case made from Menominee; Stone, J. Assumpsit by the Cleveland Refining Company against Alonzo Dunning and others for goods sold and delivered. There was a judgment for plaintiff, and defendants assign error.

Assumpsit by William B. Durgin against Frank G. Smith, Sr., Frank G. Smith, Jr., and F. G. Smith & Sons, a corporation, for goods sold and delivered. From a judgment for defendants on verdict directed by the court, plaintiff brings error.

<p>Attachment — Petition for Dissolution — Denial in Conjunctive.</p> <p>An affidavit for attachment charged that defendant “has . assigned, disposed of, and concealed, and is about to assign, dispose of, and conceal, his property, with intent to defraud his creditors.” Defendant filed a petition for the dissolution of the writ, in which he denied “that he has assigned, disposed of, and that he is about to assign, dispose of, and conceal, his property, with intent to defraud his creditors, or that he has made any fraudulent disposition whatever of his property with said intent.” Held, that the denial in the conjunctive was bad.</p>

<p>Error to Ottawa; Padgham, J.</p> <p>Assumpsit by John Barnett against the Farmers’ Mutual Fire Insurance Company of Allegan and Ottawa Counties on a policy of insurance. From a judgment for defendant, plaintiff brings error.</p>

Garnishment proceedings by John L. McIntyre against the Farmers & Merchants’ Bank, as garnishee of Isaac R. Dunning, and Julia A. Dunning, impleaded as claimant of the fund.- From a judgment for plaintiff, defendant bank brings error. Plaintiff, after obtaining a judgment against the defendant Isaac R. Dunning, sued out a writ of garnishment against the garnishee defendant.

Assumpsit by William McPherson, Jr., and Alexander McPherson, against John Bristol, impleaded with J. S. Day, upon a promissory note. From a judgment for plaintiffs, defendant brings error.

, presiding. Bill by Rebecca M. (White) Duffy and Edward P. Duffy, trustee, against Elmer L. White and Margaret Sara White, an infant, to set aside a trust deed. Defendants severally answered, claiming the benefit of a cross-bill. Prom a decree for complainants, defendants appeal.

Case by Prank Pawlowski against George W. Jenks for the malicious prosecution of a civil suit, and for his refusal, as a member of the common council, to approve plaintiff’s liquor bond. Prom a judgment for defendant on verdict directed by the court, plaintiff brings error.

Mandamus by the Monroe Water Company to compel George F. Heath, mayor of the city of Monroe, to execute a contract as directed by the common council. From an order denying the writ, relator brings certiorari.

Ejectment by Sylvia T. Gadsby and William Shakespeare against Eliphalet Monroe and others. From a judgment for plaintiffs on verdict directed by the court, defendants bring error.

Case by Hudson J. Wakely against Ernest W. Johnson for malicious prosecution. From a judgment for plaintiff, defendant brings error. Plaintiff recovered verdict and judgment in an action for malicious prosecution. He was arrested upon a criminal warrant issued under a complaint made by the defendant charging him with obtaining money by false pretenses.

Bill by Charlotte J. Ludington and others against the city of Escanaba, Roscoe D. Dix, auditor general, and the board of supervisors of Delta county, to set aside certain taxes. From a decree dismissing the bill on demurrer, complainants appeal.

Bill by the Manistee & Grand Rapids Railroad Company against Stanley ‘W. Turner, auditor general, to set aside certain taxes. From the decree rendered, both parties appeal.

Case by John Connor against Julius H. Levinson for fraudulently obtaining a stock of goods. Prom a judgment for plaintiff, defendant brings error.

Bill by the Union Street-Railway Company of Saginaw to restrain the city of Saginaw from removing complainant’s tracks from the streets. The Boston Safe-Deposit & Trust Company, mortgagee, was admitted as a party defendant, and filed a cross-bill asking the appointment of a receiver of complainant’s property. From a decree for defendant in accordance with the prayer of the cross-bill, complainant appeals.

<p>1. Banking Law — Violation—Specific Intent — Proof.</p> <p>Section 58 of the general banking law (3 How. Stat. § 3208a et seq.) provides that ‘ ‘ every president, director, cashier, treasurer, teller, clerk, or agent of any bank, who, * * * without authority of the directors, * * * draws any order or bill of exchange * * * with intent * * * to injure or defraud the bank, * * * and any person who, with like intent, aids or abets any officer, clerk, or agent, in violation of this section, * * * upon conviction thereof, shall be imprisoned * * * not to exceed 20 years.” Held, that the offense defined involves a specific intent to injure or defraud the bank; an intent not necessarily deducible from the fact that an agent of a bank, without authority from the directors, drew an order in favor of a patron to whom credit had, to the agent’s knowledge, already been extended beyond the legal limit.</p> <p>2. Same — General Provisions — Construction.</p> <p>It seems that section 18 of the act (3 How. Stat. § 320867), providing for the punishment of all who knowingly aid or assist in a violation of any of its provisions, is designed to provide a punishment for all offenders, principals as well as aiders and abettors, except such as are within other sections of the act which themselves prescribe the punishment for specific offenses.</p>

Injunction bill by Edward R. Swett against Thomas Thorkildsen. Defendant appeals from an order denying his motion for a dissolution of the temporary injunction issued in the cause, and from a further order adjudging him guilty of contempt in violating such injunction.

Trover by William A. McEachran and another against the Grand Trunk Railway Company of Canada. From a judgment for defendant on verdict directed by the court, plaintiffs bring error. Plaintiffs had purchased in Canada seven car loads of wood, which were shipped to them at Detroit, over the defendant’s road. January 28th Mr. McEachran learned that the cars had arrived, and were standing in defendant’s yard.

<p>Error to Wayne; Lillibridge, J.</p> <p>Garnishment proceedings by John Sykes against the City Savings Bank, as garnishee of John Bommer. From a judgment for defendant, plaintiff brings error.</p>

Assumpsit by Edward P. Kellogg against Beacb A. Northrup to recover the purchase price of real estate. Prom a judgment for defendant, plaintiff brings error.

<p>Error to St. Clair; Eldredge, J., presiding.</p> <p>Case by Emelie Roll Rabeke against Charles Baer for seduction. From a judgment for plaintiff, defendant brings error.</p>

Trover by Wickes Brothers, a corporation, against William H. Hill and others. From a judgment for plaintiff on verdict directed by the court, defendants bring error. Plaintiff, under dates of October 1 and December 13, 1892, sold to defendant the Northern Cedar Shingle Company, a partnership, certain machinery, consisting of an engine, boiler, shafting, and other articles necessary for the equipment of a shingle mill.

<p>Error to Wayne; Carpenter, J.</p> <p>Trespass by Minnie Smith against the Detroit Loan & Building Association. Erom a judgment for plaihtiff, defendant brings error.</p>

Bill by Charles Laird against William C. Laird and others, heirs of James Laird, deceased, for the specific performance of a land contract alleged to have been made by deceased in his lifetime. From a decree dismissing the bill, complainant appeals.

Appeal'from Clinton; Daboll, J. Bill by Robert F. Miller and Victoria Miller against William T. Voorheis to rescind a contract for the purchase of real estate. From a decree dismissing the bill, complainants appeal.

<p>Mandamus by Noble Bostwick to compel William L. Carpenter, circuit judge of Wayne county, to dismiss an appeal.</p>

, presiding. Henry Bristol presented a claim against the estate of Smith H. Bristol, deceased, based upon a contract for services. The claim was disallowed by the commissioners, and claimant appealed to the circuit court. From a judgment there for claimant, Edward Sutton, the administrator of the estate, brings error.

Trover by Jacob Brower against Louis N. Tatro. A judgment for plaintiff in justice’s court was reversed on certiorari, and plaintiff brings error.

Joseph; Yaple, J. Bill by the National Bank of Sturgis against Frank E. Levanseler and Helen B. Levanseler to foreclose a purchase-money mortgage. Defendants filed an answer in the nature of a cross-bill, asking a rescission of the contract of purchase, or, in lieu thereof, a specific performance of the same by complainant. From a decree for complainant, defendants appeal.

Bill by Fredrika Uhl, executrix of the last will and testament of John Uhl, deceased, against Margaret Faas and Christian Faas, to foreclose a mortgage. From a decree dismissing the bill, complainant appeals.

<p>Appeal from Van Burén; Buck, J.</p> <p>Bill in aid of execution by Mary A. Reynolds against Ansel E. Reynolds, Davis Olney, and Lodema O. Good-enough. From a decree for complainant, defendants appeal.</p>

, presiding. Assumpsit by John Davis & Company against the Insurance Company of North America on a fire-insurance policy. From the judgment rendered, both parties bring error.

Mandamus by James A. Randall to compel Carl Schweikart and Arthur S. Parker, members of the board of park and boulevard commissioners of Detroit, to recognize relator as a member of said board. From an order denying the writ, relator brings certiorari.

Case by Louis Rabidon, an infant, against tbe Chicago & West Michigan Railway Company, for personal injuries. From a judgment for plaintiff, defendant brings error.

Petition by Elfina A. Adams against Ered M. Seibly, administrator with the will annexed of the estate of petitioner’s former husband, Edward J. Adams, deceased, and others, for an allowance of alimony. Prom a, decree dismissing the petition, petitioner appeals.

<p>Error to Genesee; Wisner, J.</p> <p>Garnishment proceedings by George W. Hubbard against Bert M. Garner, as garnishee of John Chapman. From a judgment for plaintiff, defendant brings error.</p>

Garnishment proceedings by Edward J. Dunn against the Michigan Club, as garnishee of gliomas Swan and others. The Union Trust Company intervened as claimant of the fund. From a judgment in favor of claimant on verdict directed by the court, plaintiff brings error.

Assumpsit by William Smith against Kelley, Maus & Company, a corporation, for the breach of a contract of employment. From a judgment for plaintiff, defendant brings error.

Debt by Wyckoff, Seamans & Benedict against A. Oushman Bishop, as principal, and Robert E. Hull and O. Edward Richmond, as sureties, upon an appeal bond. From a judgment awarding a set-off to defendant Bishop, plaintiff brings error.

Mandamus by Reid, Murdock & Company to compel Fred H. Aldrich, circuit judge of Benzie county, to set aside a default entered against relator in a suit by it against Henry R. Grostein. The following is a correct statement of this case, taken from relator’s brief: “Reid, Murdock & Co. sued Henry R. Grostein by capias; commencing its suit on the 8th day of November, 1895.

Assumpsit by Moses W. Humphrey against the Eddy Transportation Company for á commission on the sale of boats. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

<p>Justices op the Peace — Judgment—Collateral Attack.</p> <p>A judgment of a justice’s court, regular upon its face, cannot be impeached in a collateral proceeding by showing that neither of the parties to the case in the justice’s court was a resident of the county where the justice resided.</p>

, presiding. Assumpsit by tbe First National Bank of Paw Paw against Peter Walker and others upon a promissory note. From a judgment in favor of part of the defendants, plaintiff brings error.

Mandamus by Frank A. Rodgers, prosecuting attorney of Kent county, to compel Allen C. Adsit, circuit judge of said county, to vacate an order quashing a prosecution for peddling without a license, brought under Act No. 248, Pub. Acts 1897.

Petition by the Connecticut Mutual Life Insurance Company against Eugene B. Wood and Roscoe D. Dix, Auditor General, to set aside certain tax sales. Erom a decree for petitioner, defendant Wood appeals.

Bill by the State of’ Michigan against Abbie S. Holmes and Adolph B. Mason, executors of the last will and testament of Nelson Holmes, deceased, Abbie S. Holmes, individually, and Frank Nelson Holmes, to obtain a construction of said will. From a decree in favor of Frank Nelson Holmes, the others appeal. Nelson Holmes died testate, leaving his widow and grandson as his sole heirs at law.

<p>Error to Wayne; McMahon, J., presiding.</p> <p>Trover by Georgie Canfield against W. J. Gould & Company, a corporation. From a judgment for plaintiff, defendant brings error.</p>

Bill by the township of Erin and August W. Nummer, highway commissioner of said township, to restrain the Detroit & Erin Plank-Road Company from using unscreened gravel upon its roadbed. Prom a decree for complainants, defendant appeals. Reversed.

<p>Street Railways — Accident at Crossing — Excessive Speed-Contributory Negligence.</p> <p>The rule that the contributory negligence of the plaintiff in an action for personal injuries does not prevent a recovery where the defendant, who knew, or ought by the exercise of the most ordinary care to have known, of the precedent negligence of the plaintiff, by his subsequent negligence did plaintiff the injury, has no application to a case where a person was injured in a reckless attempt to drive across a street-railway track in front of an electric car, which was operated by a competent motorman, who gave the proper signals, and did all within his power to stop the car in time to avoid the accident, even though the car was being run at an excessive rate of speed.</p>

, presiding. Assumpsit by Edward C. Little against G. E. Van Syckle & Company, a corporation, for breach of warranty. From a judgment for plaintiff, defendant brings error.

<p>Master and Servant — Inexperienced Employé — Obvious Danger — Instructions — Negligence — Question eor Jury.</p> <p>In an action against the owner of a paper mill for injuries resulting to an inexperienced employé 14 years of age from having her hand caught between the rollers of a machine about which she was employed, it was a question for the jury whether the owner, in view of the plaintiffs youth and inexperience, was in duty bound to instruct her how to do her wort, or was justified in leaving her to learn the proper method from observation and experience, inasmuch as it was obvious that her hand would he injured if it should get between the rollers.</p>

<p>Divorce — Alimony.</p> <p>Although the proofs in divorce proceedings showed that defendant, who was worth from §16,000 to §17,000, had accumulated liis property, in the main, before the marriage; that he had three children living; that complainant had brought her daughter into the family, and that she had been provided for up to the time of her marriage; and that defendant had deeded to complainant lands worth §1,250, — -an allowance of §650 as alimony was held to be inadequate, and it was increased to §2,750.</p>

Mandamus by Ozias W. Shipman to compel the State Live- Stock Sanitary Commission to appraise certain condemned cattle at their market value. In July, 1896, relator owned a herd of Jersey cattle, 62 in number, and mostly cows and heifers.

Assumpsit by Charles W. Coit, individually, as executor, and as assignee of Elizabeth O. Haines, against the city of Grand Rapids, to recover taxes paid under protest. From a judgment for plaintiff, defendant brings error.

Bill by Harlan A. Greenley and Ella J. Morse against Cyrus A. Hovey and Nathan Griffin to set aside a tax sale. Defendants appeal from an order overruling their demurrer to the bill.

Assumpsit by Thomas Beath against Louis C. Chapoton and Lewis C. Watson upon a promissory note. From a judgment for defendants, plaintiff brings error. Plaintiff sued upon a promissory note for $675, made by defendant Chapoton, and indorsed by defendant Watson.

<p>Error to Wayne; Donovan, J.</p> <p>Assumpsit by the Preston National Bank against the Michigan Mutual Eire Insurance Company on a policy of insurance. Erom a judgment for plaintiff, defendant brings error.</p>

Bill by Martin O’Toole against Timothy Hurley and Mary A. Hurley, administratrix of the estate of. John Hurley, deceased, for an accounting. From an order overruling their pleas to the bill, defendants appeal.

Garnishment proceedings by Herman Beckman and another against Herbert W. Noble, trustee, as garnishee of Louis Kuttnauer and others. From a judgment for the garnishee defendant on verdict directed by the court, plaintiffs bring error.

Assumpsit by Silas E. Benedict against tbe Michigan Beef & Provision Company for work and labor performed. Prom a judgment for plaintiff, defendant brings error. Plaintiff was in defendant’s employ as an engineer from about May 1, 1890, to March 7, 1891, at a salary of $850 per year. He claimed a special agreement that his day’s work was to consist of 10 hours, and that he was to be paid for overtime.

Assumpsit by Jeremiah Connor against Theodore D. Buhl for the breach of a contract for the exchange of land. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

<p>Exceptions before judgment from Macomb; Eldredge, J.</p> <p>Jacob L. Summers was convicted of obtaining a promissory note under false pretenses.</p>

Mandamus by the board of water commissioners of the city of Detroit to compel Roscoe D. Dix, auditor general, to cancel a certificate of purchase of lands sold for delinquent taxes.

Bill by the Old Second National Bank of Bay City and Orrin Bump, trustee, against the Alpena County Savings Bank, Austin W. Mitchell, and John Millen, for the specific performance of a land contract. From a decree dismissing the bill, complainants appeal. Reversed as to defendant bank.

Assumpsit by the city of Kalamazoo against Cornelius Francoise to recover the amount of a paving tax. From a judgment for plaintiff on verdict directed by the court, defendant brings error.

Bill by Orville W. Owen and others against Orrin W. Potter and others for an accounting as to the assets of the estate of Eber B. Ward, deceased. From a decree dismissing the bill, complainants and defendant Tubal C. Owen appeal.

Bill by Emily Lodewyck, by Peter J. Lodewyck, her guardian, against Susan Adele Lacroix and others, to set aside certain conveyances. From a decree sustaining the conveyances, but imposing a trust in favor of complainant upon certain portions of the property, defendants appeal.

Bill by James H. Wilkins against Kate W. Hukill, Mary B. W. Ogden, Lizzie J. Wilkins, Albert Wilkins, Fannie W. Hukill, and John Atkinson, administrator, to reform a judgment. From a decree for complainant, defendants appeal. The following statement of the case is taken, mainly, from the brief of the administrator: John Atkinson is the administrator of the estate of Mary W. Beecher, deceased.

Exceptions before judgment from Wayne; Hosmer, J. Martin Ochotski was convicted of assault with intent to do great bodily harm less than murder. Conviction

<p>Error to Lapeer; Smith, J.</p> <p>Edwin Lamb presented for probate the will of Jesse Emmons, deceased. The probate was opposed by Harry H. Lippincott and others. The will was sustained in the probate court, and an appeal was taken to the circuit. From a judgment for proponent, contestants bring error.</p>

, presiding. Henry Kellogg presented a claim against the estate of William D. Thompson, deceased. The claim wage disallowed by the commissioners, and claimant appealed to the circuit court. . Erom a judgment for claimant, the estate brings error. Claimant recovered against the estate upon a note reading as follows: “$5,000.

Mandamus by the people, on the relation of Fred A. Maynard, attorney general, to compel the Bay county bridge commission to keep in repair the approach to a certain bridge.

Case by Martin Walkowski against the Penokee & Gogebic Consolidated Mines for personal injuries. From a judgment for defendant on verdict, directed by the court, plaintiff brings error. The miners in defendant’s employ were lowered into and raised out of the mine in iron cages' about 12 feet square. These cages were attached to wire cables running over drums in the engine house, situated about 500 feet from the shaft, which was between 500 and 700 feet deep.

Replevin by Allen Eales and others against James Francis, William J. Rea, and others. From a judgment for plaintiffs on verdict directed by the court, defendants bring error. Replevin for 90 cords of shingle bolts, formerly the property of one McPherson. Plaintiffs claim title by virtue of a chattel mortgage executed October 24, 1895, by McPherson to them.

Assumpsit by Hiram H. Taggart and others against Charles H. Waters for goods sold and delivered. From a judgment for defendant, plaintiffs bring error.'

Bill of interpleader by the Northwestern Mutual Life Insurance Company against Julius Greiner, Orlando B. Scobey, administrator of the estate of Robert C. Greiner, deceased, and Elmer E. Whitted, administrator of the estate of Louise C. Greiner, deceased, to determine the beneficiary of a policy of insurance. From a decree for defendant Greiner, defendant Whitted appeals.

Mandamus by Jacob Brandau to compel William C. Maybury, mayor of the city of Detroit, to reinstate relator as constable in said city. From an order denying the writ, relator brings c.ertiorari.

Bill by Jennie Wierengo, executrix of the last will and testament of Andrew Wierengo, deceased, against Lyman G. Mason and Arthur Jones, to enjoin the prosecution of a suit at law. From a decree dismissing the bill on demurrer, complainant appeals.

Petition by the Mechanics’ Bank of Detroit against George W. Stone, receiver of the Central Michigan Savings Bank of Lansing, for permission to treat as an equitable set-off against a claim of the receiver certain notes guaranteed by the insolvent bank. From an order denying the prayer of the petition, petitioner appeals.

Mandamus by the World Manufacturing Company and others to compel Allen C. Adsit, circuit judge of Kent county, to strike from the files an unsworn answer to a bill in chancery.

<p>Error to Wayne; Lillibridge, J.</p> <p>Replevin by George H. Hees and others against Robert T: Carr and others. From a judgment for defendants, plaintiffs bring error.</p>

Bill by George W. Markillie and others against Wealthy Markillie and Charles Allen to set aside certain deeds. From a decree for complainants, defendants appeal.

Bill by Andrew J. Stebbins against Wilmer H. Heath and others to foreclose a mortgage. From an order denying a petition for a resale, defendant Wilmer H. Heath appeals.

Bill by Jesse Rogers against Albert G. Day to set aside a mortgage. From a decree for complainant, defendant appeals. Bill to set aside a mortgage executed by one Isaac Louw to defendant for $100, dated September 20, 1880, on the ground that the land mortgaged was a homestead, and the mortgage was not signed by the wife. The following facts are established; Louw owned the land, and, with his wife and children, lived upon and occupied it as a homestead from 1870 to May, 1880.

Assumpsit by the people, for the use and benefit of Sigmund Simon and another, against Albert Pack and others, upon a sheriff’s official bond. The case was settled and discontinued by stipulation. Thereafter, one of plaintiffs’ attorneys having given notice of attorney’s lien, the stipulation of discontinuance was stricken from the files, the case tried, and judgment rendered for plaintiffs for the amount of the lien. Both parties bring error.

Bill by Sarah A. Mosser against the Knights' Templars & Masons’ Life Indemnity Company for the reinstatement of an insurance policy. From a decree for complainant, defendant appeals.

<p>Mechanics Liens — Subcontractors—Notice of Claim — Payment to Contractor.</p> <p>The failure of a subcontractor to serve upon the owner of the premises a detailed statement of his claim for material within 10 days after the same was furnished, as provided by section 1 of the lien law of 1891 (Act No. 179, Pub. Acts 1891), would not relieve the owner from liability thérefor, where he paid to the contractor the full contract price without requiring of him the sworn statement as to the claims of sub-contractors, laborers, and material men, provided for by section 4 of the act.</p>

Assumpsit by the township of Deerfield against William Harper to recover a tax on personal property. From a judgment for plaintiff, defendant brings error.

Case by Ellen Sopbia Loranger against Joseph Loranger for slander and malicious prosecution. From a judgment for plaintiff, defendant brings error.

<p>Error to Wayne; Carpenter, J.</p> <p>Replevin by, Curtis W. Marvin against Henry Ruhmohr and wife. From a judgment for defendants, plaintiff brings error.</p>

<p>Garnishment — Justices of the Peace — Summons Against Garnishee — Time of Issuance.</p> <p>Under 2 How. Stat. § 8038, iiroviding that, at any time within 30 days after the final determination of a suit in justice’s court against the principal defendant in garnishment proceedings, the justice shall, at the request of the plaintiff, issue a summons against the garnishee, commanding him to appear and show cause why judgment should not be rendered against him, the jurisdiction of the justice to issue the summons is limited to 30 days after judgment, not to 30 days after the expiration of the time for appeal.</p>

Joseph; Tapie, J. Bill by John Blue, administrator of the estate of James Schurtz, deceased, against Albert Schurtz and others, heirs at law of Sarah Schurtz, to set aside a deed. From a decree dismissing the bill, complainant appeals.

Eli Bernor was convicted of carnally knowing a female under 16 years of age, and was sentenced to 5 years’ imprisonment in the state prison at Jackson.

Case by George B. Tatman and Curtis Hemingway against the city of Benton Harbor for negligence in allowing a street-railway company to obstruct a gutter. From a judgment for defendant on verdict directed by the court, plaintiffs bring error.

<p>Certiorari to Jackson; Peck, J.</p> <p>Nelman F. Wing was convicted of bastardy.</p>