Volume 129 — Michigan Reports

<p>Exceptions before judgment from Van Burén; Carr, J.</p> <p>Frank W. Curtis was convicted of selling liquor to a minor.</p>

, presiding. Mandamus by Allen C. Adsit and William E. Grove to compel Connor H. Smith, county clerk of Kent county, to issue orders for the payment of salary claimed to be due to relators. From an order granting the writ in each case, respondent brings certiorari.

Petition by the Bliss Furniture Company against Mark Norris, receiver of the. I. L. Quimby Factory, to establish an equitable set-off. From a decree for petitioner, respondent appeals.

Assumpsit by tbe Cadillac State Bank against the Cadillac Stave & Heading Company, impleaded with Nathan E. Staples, on certain promissory notes. From a judgment for plaintiff on verdict directed by the court, defendant brings error.

Case by Eva M. Beattie against the city of Detroit for personal injuries., From a judgment for defendant on verdict directed by the court, plaintiff brings error.

<p>1. Divorce — Alimony—Subsequent Allowance.</p> <p>Under 3 Comp. Laws, § 8641, providing that, in a suit for divorce, after a decree for alimony or other allowance for the wife and children, the court may, from time to time, revise and alter such decree, where, on entering a decree of divorce, no alimony is allowed, nor the question thereof reserved in the decree, such allowance cannot afterwards be made.</p> <p>2. Same — Fraud on Court.</p> <p>Where, pending a suit for divorce, defendant voluntarily conveyed his real estate to his father, to put it out of reach of his wife, such action was not such a fraud on the court as would authorize an original bill for alimony 12 years after decree of divorce was entered.</p>

Case by the overseer of highways of road district No. 4 of St. Ignace township against David Pelton and William Reid for injury to a public bridge. From a judgment for defendants on verdict directed by the court, plaintiff brings error.

Case by Nicholas Klass against the city of Detroit for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

Henrietta Russell appealed from an order of the probate court settling her final account as administratrix of the estate of Charles P. Gage, deceased. She prevailed in the circuit, and Mary Wheeler, an heir, brings error. One Charles P. Gage died January 28, 1878, leaving a widow (now Mrs. Russell), a son nine years old, and a daughter, Mary, four years old (now Mrs. Wheeler), the contestant here. The widow was appointed administratrix.

<p>1. Legislative Employés — Compensation—Practice.</p> <p>Any long-continued practice on the part of the legislature in relation to compensating its employés cannot be permitted to overturn a clearly expressed statute governing the subject.</p> <p>2. Same — Mileage.</p> <p>Under 1 Comp. Laws. § 12, providing that the compensation of clerks employed by the legislature shall be 53 per day and 10 cents for every mile actually traveled in going to and returning from the place of meeting, a clerk who was employed at the seat of government when he was appointed, and who has not since returned to the place of his legal residence, is not entitled to mileage.</p> <p>3. Same — Amounts Due — How Determined — Authority op Auditor General.</p> <p>Under 1 Comp. Laws, § 12, fixing the rate of compensation of the members and employés of the legislature; and section 13, providing that the sums due them shall be certified by the secretary or clerk and presiding officer of the respective houses, and countersigned by the auditor general, — the duty of determining the amounts due devolves upon the certifying and countersigning officers; hence the auditor cannot be compelled to countersign a certificate containing items to which the person in whose favor it is made is not entitled.</p>

Proceeding by Ransom M. Fillmore against Frank M. Van Horn to compel the delivery of books and papers held, by the latter as secretary of the state board of examiners of barbers. Held: by the latter as secretary of the state board of examiners of barbers. From a judgment for respondent, relator brings certiorari. Relator brings this action under chapter 272, 3 Comp.

Assumpsit by the Page Woven Wire Fence Company against Phoebe M. Pool on a promissory note. From a judgment for defendant on verdict directed by the court, plaintiff brings error. Plaintiff brought an action of assumpsit.

<p>Appeal from Oakland; Smith, J.</p> <p>Bill by Edward Coe against Anne (Coe) Dickerson to set aside a deed. Erom a decree granting conditional relief, complainant appeals.</p>

<p>Error to Bay; Shepard, J.</p> <p>Assumpsit by the Chicago Bridge & Iron Company against the city of West Bay City to recover the amount of a deposit. From a judgment for defendant on verdict directed by the court, plaintiff brings error.</p>

Case by the United States Casualty Company against John N. Bagley and others for negligence in the construction of a sprinkler system in premises leased to plaintiff’s assignors. From a judgment for plaintiff, defendants bring error. This is an action on the case for negligence.

Case by Kenneth McAskill against the township of Hancock for the unlawful flooding of plaintiff’s land. From a judgment for defendant on demurrer to the declaration, plaintiff brings error.

Case by Michael Mikolojczak against the North American Chemical Company for personal injuries. From a judgment for plaintiff, defendant brings error. Defendant owns and operates a plant for the manufacture of chemicals and salt. A large mass of salt had been stored in a packing house, the mass being about 200 feet long, 40 feet wide, and from 10 to 14 feet high. It became hardened by exposure, so that it was necessary to break it before packing.

Case by Annie Jones, administratrix of the estate of Ole Jones, deceased, against Benjamin P. McMillan, Charles V. McMillan, and George H. Reynolds, copartners as B. F. McMillan & Brother, for negligently causing the death of plaintiff’s intestate. From a judgment for plaintiff, defendants bring error.

<p>1. Equity Pleading — Cross-Bill—Order Pro Confesso.</p> <p>An answer in the nature of a cross-bill may be taken as confessed, in the absence of an answer from complainant. Ch. Rule 11, subd. c.</p> <p>3. Same.</p> <p>And in such case the new facts set up by the cross-bill must be accepted as true.</p> <p>3. Same:</p> <p>But the pleading is to be taken most strongly against the pleader, and, if the allegations are vague and indefinite, proof-should be required.</p> <p>4. Same — Title to Lands.</p> <p>Hence, where, in a suit to quiet title, defendant set up, by way of cross-bill, that he held a deed from the original owner of the premises, for which he paid a valuable consideration, without notice of any previous conveyance by- the grantor, and it appeared on the hearing that his deed was not one that would entitle him to protection as a bona fide purchaser, the court properly refused a decree for defendant, notwithstanding the cross-bill had been taken as confessed.</p> <p>5. Deeds — Execution in Foreign State — Recording Laws.</p> <p>Prior to Act No. 112, Pub. Acts 1891 (3 Gomp. Laws, § 8964), a deed executed in another State, if acknowledged before a notary public, was required to have a certificate authenticating the acknowledgment. By that act such certificate was made unnecessary in case the acknowledgment bore the seal of the notary; and it was further provided that, when any deed executed in accordance with such act had been theretofore recorded, such record should be prima facie evidence of the due execution of the deed, to the same extent as if authenticated as required by the statute in force at the time the deed was recorded. Where a deed executed prior to the passage of such act, conforming to the requirements thereof, but not to the statute in force at the time of its execution, was recorded subsequent to the passage of the act, held, that such record was prima facie evidence of the due execution of the deed.</p> <p>6. Taxes — Equalization—Boards of Supervisors.</p> <p>The statute providing for the equalization of the assessment rolls of the several townships, wards, or cities of a county by the board of supervisors (1 Comp. Laws, § 3857) contemplates that the assessing district shall be the unit for equalization; and an equalization which deducts a stated sum from the aggregate valuation of the several wards of a city is insufficient to authorize the levy of any State or county tax within the county.</p> <p>7. Recording Laws — Quitclaim—Bona Fide Purchaser.</p> <p>An unrecorded deed is superior to a subsequent quitclaim from the same grantor.</p> <p>8. Equity Jurisdiction — Quieting Title — Possession.</p> <p>So long as the defendant in a suit to quiet title is not in possession, it is immaterial that complainant is not, or that a third person is. 1 Comp. Laws, § 448.</p>

Exceptions before judgment from St. Clair; Thomas, J. Joseph Henry was convicted of statutory burglary. Defendant was convicted of breaking and entering a saloon in the night-time (January 31, 1901), with intent to commit the crime of larceny, not being armed with a dangerous weapon. The breaking was admitted. The defense was that, he was too intoxicated to entertain the intent.

<p>Mandamus by John Schimpf, Sr., and John Schimpf, Jr., to compel Morse Rohnert, circnit judge of Wayne county, to vacate an order setting aside a judgment.</p>

Mandamus by the Michigan Mutual Life-Insurance Company against John C.' Hartz and Benjamin Guiney, composing the hoard of assessors of the city of Detroit, and the common council of said city, to compel respondents to strike from the assessment roll a personal assessment against relator. From an order granting the writ, respondents bring certiorari.

Mandamus by the Thomas E. Lynch Company to compel William L. Carpenter, circuit judge of Wayne county, to strike from the files a transcript of a justice’s judgment.

<p>Error to Wayne; Brooke, J.</p> <p>Assumpsit by Minnie Rhode against the Metropolitan Life-Insurance Company on a policy of insurance. From a judgment for plaintiff, defendant brings error.</p>

Bill by Herbert Bowen, administrator of the estate of Angus Keith, deceased, against James B. W. Lansing and G. Duffield Stewart, to remove a cloud from .title. From a decree dismissing the bill, complainant appeals.

Case by Charles K. Edwards against William A. Eoote, receiver of the Jackson Street-Railway Company, for personal injuries. From a judgment for plaintiff, defendant brings error. Plaintiff brought suit to recover damages for injuries sustained in a collision with one of defendant’s street cars while driving across its track. At the time of the accident, plaintiff was riding with his son-in-law, Mr. Forner.

<p>Arrest — Capias—Malpractice—Sufficiency of Affidavit.</p> <p>The affidavit for a capias ad respondendum must contain allegations as to which the affiant could testify on the trial. Hence, an affidavit by the plaintiff, charging defendant with negligently performing a surgical operation on plaintiff’s wife, thereby causing her death, but containing nothing to indicate that plaintiff is possessed of the knowledge of a medical expert, so as to be competent to express an intelligent opinion on the questions relating to the charge of negligence, is insufficient to support the writ.</p>

Mandamusbj Elvina C. Bliss to compel Seth W. Knight, probate judge of Macomb county, to proceed with the hearing of a petition for the probate of a will.

Clair; Tucker, J., presiding. Hannah Waters presented for probate the last will and testament of Peter W. Reed, deceased. The will was allowed in the probate court, and Robert Reed and Annié Smith, heirs at law of said deceased, appealed to the circuit. From a judgment for contestants, proponent brings error.

Case by Minnie Boydan against John Haberstumpf, a saloon keeper, and Frank E. Schmoltz and Stephen M. Bayard, his bondsmen, for the illegal sale of liquor to plaintiff’s husband. From a judgment for plaintiff, defendants bring error.

Assumpsit by Russell C. Hill against the Farmers’ Mutual Fire-Insurance Company of Manistee, Benzie & Mason Counties on a policy of insurance. From a judgment for plaintiff on verdict directed by the court, defendant brings error. Defendant is a mutual fire-insurance company. The plaintiff became a member of it in 1890, and had a policy issued to him at that time upon his house, household goods, barn and contents, and live stock.

<p>Appeal from Mecosta; Palmer, J.</p> <p>Bill by Fred W. Hughes against William Love for a partnership accounting. From a decree for complainant, defendant appeals.</p>

Caroline Smith (now Caroline Decker) presented a claim against the estate of Olive Kanous, deceased, for services rendered. The claim was allowed in the probate court, and Jonathan T. Kanous, administrator of the estate, appealed to the circuit. From a judgment for claimant, ■defendant brings error.

Mandamus by Henry J. Eikhoff to compel Flavius L. Brooke, circuit judge of Wayne county, to enter an order requiring certain persons to' testify before a notary in support of relator’s motion for a new trial.

<p>Divorce — Cruelty—Evidence.</p> <p>Where, in a suit by a wife for a divorce, it was shown that defendant compelled her to perform manual labor on the farm, that, on one occasion, he struck her in the face, and that he charged her with having a venereal disease, complainant was entitled to a decree.</p>

Case by Max Jahrmatter, by next friend, against Lewis T. Kline, for personal injuries. From a judgment for defendant, plaintiff brings error.

Assumpsit by the Union Trust Company, trustee, against Anthony M. Conus, principal, and John Siwka and John Zynda, sureties, upon a bond for the payment of money. From a judgment for plaintiff on verdict directed by the court, defendant sureties bring error.

<p>Error to Grand Traverse; Mayne, J.</p> <p>Replevin by Rachael Stewart, executrix of the last will and testament of Neil Stewart, deceased, against Moses Bowerman. From a judgment for defendant, plaintiff brings error.</p>

Bill by Barthina Milks against Hannah Milks and Henry Ewing, administrator of the estate of George Milks, deceased, to enforce a lien for support. Prom a decree dismissing the bill, complainant appeals.

<p>Deeds — Delivery—Evidence—Review.</p> <p>Evidence reviewed, and held to establish, the invalidity of a deed for want of delivery by the grantor in her lifetime, notwithstanding her act in recording a life lease given back to her by the grantee.</p>

Summary proceedings by William T. Ryan against Carlton H. Mills to recover tbe possession of leased premises. From a judgment for complainant on verdict directed by the court, defendant brings error. Complainant instituted proceedings before a circuit court commissioner to recover possession of certain premises which the defendant had for some years occupied as a tenant under him. In 1887 complainant executed to one Gordon a lease for eight years and nine months.

Assumpsit by the People of the State of Michigan, for the use and benefit of Ephraim K. Roberts and Blanche D. Talbot, copartners as E. K. Roberts & Co., against William Lappin and the Fidelity & Deposit Company of Maryland, upon a contractor’s bond. From a judgment for defendants, plaintiffs bring error. Defendant Lappin had a paving contract with the city of Detroit. The contract was entered into July 3, 1900. Mrs. Talbot became a partner with Roberts in J une previous.

Case made from Houghton; Streeter, J. Trover by Jacob Hammel against the First National Bank of Hancock. There was a judgment for plaintiff on verdict directed by the court, and defendant assigns error.

Assumpsit by Martin K. Whalen against Archibald Grant for work and labor performed. There was a judgment for plaintiff, and, defendant’s motion for a new trial having been denied, he brings error.

Assumpsit by Benjamin E. Loder against Anna Reed for goods sold and delivered. From a judgment for plaintiff, defendant brings error.

Petition by Roscoe D. Dix, auditor general, for the sale of lands delinquent for taxes: On objections filed by the Sage Land & Improvement Company. From a decree for petitioner, respondent appeals.

Bill by Harvey Simmons and Marion J. Simmons against Allen Conklin and others for the specific performance of a land contract. There was a decree for complainants, and, from an order denying his petition for leave to file a bill of review, defendant Allen Conklin appeals.

Assumpsit by the State Savings Bank of Ann Arbor against Walter Buhl and Andrew J. Agnew, copartners as Walter Buhl & Company, to recover the amount of a check. From a judgment for defendants on verdict directed by the court, plaintiff brings error.

Bill by John Archer and John C. McDonald against Thomas Laidlaw, James R. Laidlaw, Ada G. Strachan, and the Springfield Savings Bank in aid of execution. From an order overruling her demurrer to the bill, defendant Strachan appeals.

Cross-appeals from Cass; Coolidge, J. Bill by George W. Jones and another against Eli Green and others to set aside a transfer of mining stock, and for other relief. From a decree setting aside the transfer, but giving Green a lien on the mine for moneys advanced, complainants, and defendants Green and the mining company, appeal.

Bill by the H. W. Williams Transportation Line against the Darius Cole Transportation Company to rescind a contract for the purchase of a steamer. From a decree for complainant, defendant appeals.

Quo warranto by the People of the State of Michigan, on the relation of Christiaan De Jonge, against Berend Kamps, to determine the title to the office of president of the village of Zeeland. From a judgment for relator, respondent brings error.

<p>1. Public Lands — Grant—Presumption as Against State.</p> <p>A grant of lands of which there is no direct evidence may be presumed from facts and circumstances, even as against the State.</p> <p>2. Same — Evidence—Sufficiency.</p> <p>In ejectment by the State, it appeared that defendant or his grantors had occupied the land for over 100 years under claim of title, and had paid the taxes thereon; that the land was situated on the Canadian frontier; and that records relating to such lands, including government grants, and recognitions of the imperfect titles of settlers equivalent thereto, were lost. There was also evidence showing that an Indian deed of the land to one of defendant’s grantors was recorded in the British records in 1780; and it was further shown that at that time it was the policy of the British government to oust settlers whose claims of title were based merely on conveyances from the Indians, and that, while other settlers were ousted, defendant’s grantors were never disturbed. Held, sufficient to raise a presumption of a grant from the government.</p>

Rice, deceased, on a promissory note. The claim was allowed in the probate court, and Monfort D. Weeks, administrator with the will annexed, appealed to .the circuit. From a judgment there for claimant, defendant brings error.

Bill by Frank M. Spaulding, receiver of the estate of Robert M. Steel, insolvent, against Carrie A. Steel, the St. Johns Land Company, Limited, and Carrie A. Steel, administratrix of the estate of Robert M. Steel, deceased, to reach property alleged to belong to the insolvent estate. From a decree dismissing the bill, complainant appeals.

Bill by tbe Aldine Manufacturing Company against James T. Phillips and the Grand Rapids Clock & Mantel Company for an accounting. From a decree dismissing the bill, complainant appeals.

Case by Ada Nicholson, administratrix of the estate of Alfred Cope, deceased, against the city of Detroit, for negligently causing the death of plaintiff’s intestate. From a judgment for defendant on demurrer to the declaration,' plaintiff brings error.

Bill by Solomon D. Koons and Catherine E. Koonsagainst Justina Vauconsant to obtain the discharge of a. mortgage alleged to have been given under duress. From a decree for complainants, defendant appeals.

Bill by the Michigan Central Railroad Company against the city of Bay City to quiet title. From a decree dismissing the bill, complainant appeals.

Mandamus by Marie Lauzon to compel the board of supervisors of-Chippewa county to audit and pay a claim. From an order overruling a demurrer to the petition, respondent brings certiorari.

In the matter of the estate of Cornelius Freeman, deceased. Harriet Ernst, a distributee, appealed from an order of distribution by the probate court. From a judgment allowing the administrator’s account after distribution, said Ernst brings error.

Assumpsit by Robert G. Gilmore against F. William Licbtenberg and another for goods sold and delivered. From a judgment for defendants, plaintiff brings error.

Case by Emma Barr, administratrix of the estate of Daniel Barr, deceased, against the Guelph Patent Cask Company, for the alleged negligent killing of plaintiff’s intestate. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

<p>Error to Wayne; Brooke, J.</p> <p>Case by Angeline Leach against the Detroit Electric Railway for personal injuries. From a judgment for plaintiff, defendant brings error.</p>

<p>1. Trial — Impeachment op Witness.</p> <p>In an action for injuries sustained by being thrown from a street car, V., a witness for defendant, on cross-examination denied having stated to A. that plaintiff got on the foot-board of the car, but, before she could get in, the car started, and threw her off. On rebuttal, A. testified that V. told him that plaintiff was getting on the car, and was partly on, and the car started up suddenly, and threw her to the ground. Held, that there was a sufficient foundation for the admission of A.’s testimony.</p> <p>2. Same — Hearsay.</p> <p>But it was error to permit A. to testify further as to Y.’s statements concerning the narrow escape of plaintiff’s mother, and the habitual carelessness of the conductor, not only for the reason that no foundation had been laid for such testimony, and it was therefore mere hearsay, but because the matters referred to were immaterial, and not a proper subject for impeachment.</p> <p>3. Same.</p> <p>The fact that such incompetent testimony was introduced as an alleged impeachment did not render it any the less prejudicial.</p>

Cross-appeals from Wayne; Hosmer, J. Bill by Charles F. Hammond and others against the city of Detroit and Henry Frederick to restrain an alleged encroachment on complainants’ property. From the decree rendered, both parties appeal.

Assumpsit by George F. Case against tbe city of Detroit to recover taxes paid under protest. From a judgment for plaintiff on verdict directed by the court, defendant brings error.

Bill by Michael Ward, survivor of himself and James Ward, copartners, against John E. Oliver and others, in aid of execution. From a decree dismissing the bill, complainant appeals.

<p>Mandamus by May Hosford to compel George P. Stone, circuit judge of Gratiot county, to dismiss a prosecution against her for adultery.</p>

Assumpsit by Sarah M. Ellis, for the use and benefit of Wilbur D. Ellis, against Willis D. Ballou and Anna A. Bid well, formerly copartners as W. D. Ballou & Co., on a promissory note. From a judgment for defendants on verdict directed by the court, plaintiff brings error.

<p>Injury at Railroad Crossing — Negligence—Conflicting Evidence — Question for Jury.</p> <p>Where, in an action for injuries received at a railroad crossing by a collision of plaintiff’s carriage with a car which was being kicked across the highway, plaintiff’s testimony tended to show that he stopped, looked, and listened before entering on the track, that the car was without lights or brakeman, and that no signals were given by the engine from which the car hhd been detached, the question of defendant’s liability was properly submitted to the jury, though the testimony on' its behalf was directly contradictory to that of the plaintiff.</p>

Mandamus by Harvey 0. Taft, receiver of the Masonic Life Association, to compel Willis B. Perkins, circuit judge of Kent county, to vacate an order allowing a claim against the association.

Summary proceedings by Jane Fish against Mary A. Thompson to recover the possession of leased premises. From a judgment for complainant, defendant brings error. This case is brought to this court upon writ of error from the circuit court for the county of Eaton, and is an action of summary, proceedings to recover the possession of land.

Bill of interpleader by the Supreme Court, Order of Patricians, against William D. Davis and Beulah Davis, an infant, by Fred Gay, her guardian, to determine the right to the proceeds of a benefit certificate. From a decree for defendant Beulah Davis, the other defendant appeals.

Garnishment proceedings by Herman Metz against the People’s Savings Bank, as garnishee of Lewis Klein. Prom a judgment for defendant on verdict directed by the court, plaintiff brings error.

Bill by tbe Great Hive of the Ladies of the Maccabees for the State of Michigan against the Supreme Hive of the Ladies of the Maccabees of the World, and others, to establish complainant’s title to a certain ritualistic work, and for an injunction. “From an order overruling a demurrer to the bill, defendants appeal.

Assumpsit by Leon Lord against the National Protective Society of Bay City on a benefit certificate. Prom a judgment for defendant on verdict directed by the court, plaintiff brings error.

Ejectment by William Peck and Jennie Peck against Nathan H. Webb and Belle C. Webb'. From a judgment for defendants on verdict directed by the court, plaintiffs bring error.

<p>1. Tax Titles — Acquisition by Contract Purchaser.</p> <p>A contract purchaser of land, taking subject to an existing mortgage, occupies the position of mortgagor as to the vendor and existing mortgagee, and cannot, as against them, acquire title by purchase at a tax sale, though for taxes that accrued before he received his contract.</p> <p>2. Same — Husband and Wife.</p> <p>A tax title acquired by a husband on land owned by his wife is void, not only as to the wife, but as to her grantees and mortgagees.</p>

Bill by Archibald G. Lindsay against George C. Morse, administrator of the estate of Patrick M. Gamble, deceased, for a partnership accounting: In the matter of the petition of William Ross and others for the payment of their claim from the partnership assets. From a decree for petitioners, defendant (Morse) appeals.

Bill by the United States Heater Company against the Iron Holders’ Union of North America and others to enjoin interference with the conduct of complainant’s business. From an order refusing to dissolve a temporary injunction, and overruling a plea to the jurisdiction, defendants appeal.

<p>1. Evidence — Conversations— Admissibility.</p> <p>In an action of replevin, a witness for plaintiff testified to a conversation with defendant in which the latter made statements tending to rebut his claim of title to the property in controversy. On cross-examination the witness testified that defendant also said that he was so blind he could not see, and that, if he should lose the suit, he would go to the poor-house. Held, that the last-mentioned testimony was inadmissible, though relating to the. same conversation, since it had no connection with the issue involved.</p> <p>2. Trial — Misconduct oe Counsel.</p> <p>Where defendant’s attorney paid no attention to the rulings of the court, repeated questions that had been ruled out as improper, made unwarranted statements reflecting on the character of plaintiff’s witness, tried to make himself a witness by remarks not justified by the evidence, and appealed to the jury for mercy, addressing them as “boys,” a judgment for defendant should be reversed.</p>

<p>Error to Ogemaw; Sharpe, J.</p> <p>Garnishment proceedings by Henry Weaver against Archie 0. Irons, as garnishee of Robert Jackman. From a judgment for plaintiff, defendant brings error.</p>

Assumpsit by the Jackson Sleigh Company against William J. Holmes for goods sold and delivered. Prom a judgment for plaintiff, defendant brings error.

<p>Appeal from Jackson; Peck, J.</p> <p>Bill by Ernest V. Norton against Henry Hayden for a partnership accounting. Prom an order overruling a demurrer to the bill, defendant appeals.</p>

<p>Assignments for Benefit of Creditors — Preferences—Mortgages — Unseoured Creditors — Garnishment.</p> <p>A corporation conveyed all of its property in trust for the payment of certain indebtedness secured by mortgage thereon, and also for the payment of certain sums to the trustees and to M. There was in fact .no pre-existing indebtedness to M. and the trustees, but they advanced money and supplies in the conduct of the business up to the amounts specified in the deed, and were repaid therefor out of the trust estate. Held, in garnishment proceedings against the trustees by an unsecured creditor, prosecuted on the theory that the trust deed was void as an assignment with preferences, that, no misconduct of the business being shown, the trustees and M. were “entitled to reimbursement, and that, the remaining assets not exceeding the secured indebtedness, which was admittedly valid, plaintiff had no cause for complaint.</p>

Assumpsit by Willard C. Lyon, trustee of the estate of Ered E. Hazle and Frank B. Clark, bankrupts, against Nathaniel J. Clark, to recover the value of goods alleged to have been fraudulently conveyed. From a judgment for plaintiff on verdict directed by the court, defendant brings error.

Case by John McIntyre against the Detroit Safe Company and the Pfaudler Vacuum Fermentation Company for personal injuries. From a judgment for defendants on verdict directed by the court, plaintiff brings error.

Bill by John A. May, receiver of the Ingham County Savings Bank, against Richard McQuillan and Law M. Simpson, to determine the ownership of certain shares of bank stock, and the consequent liability to an assessment. From a decree against defendant McQuillan, he appealed. On his death the cause was revived in the name of his administratrix, Alice McQuillan. Defendant Simpson resided in Jackson, Mich.; and Richard McQuillan, the deceased, in Lansing.

<p>Freight Elevator — In jury to Passenger — Negligence—Assumption op Risk.</p> <p>Building contractors, operating a freight elevator for the hoisting' of materials, posted thereon a notice forbidding all persons to ride on the elevator, and warning violators of the rule that they rode at their own risk. The elevator operator and another employé were instructed to warn off persons attempting to ride, and frequently did so. Plaintiff, an employé of a subcontractor, and some other workmen, occasionally rode,'to the knowledge of one contractor, who did not object; and the contractor himself rode on the elevator. It was occasionally necessary for'men to ride up with bulky articles. After riding up with a load of materials, plaintiff got on the elevator to ride down, and it fell, and injured him. Held, that the circumstances did not show a waiver by the contractors of the rule against riding, but that plaintiff assumed the risk in accordance with the posted notice.</p>

Case by the city of Lansing against the Detroit, Lansing & Northern Railroad Company and the Michigan Central Railroad Company to recover the amount of a judgment paid by plaintiff for injuries caused by a defective sidewalk.

Case by George B. McCaughna, administrator of the estate of John Young, deceased, against the Owosso & Corunna Electric 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>Appeal from Branch; Yaple, J.</p> <p>Bill by Nathaniel L. Holmes and Mary L. Galloway against Sarah E. Holmes and others to foreclose a mortgage. From a decree for complainants, defendants appeal.</p>

<p>1. Arbitration — Bill to Set Aside Award — Parties.</p> <p>In a suit to set aside an arbitrators’ award under fire-insurance policies, all of the insurance companies that were parties to the arbitration agreement are necessary parties.</p> <p>2. Equity Praotioe — Nonjoinder op Parties — Demurrer.</p> <p>A nonjoinder of necessary parties to a bill in chancery,' disclosed on the face of the bill, can only be taken advantage of by demurrer.</p> <p>3. Evidence — Matters Within Knowledge op Decedent.</p> <p>The fact that a conversation to which a person is disqualified from testifying under the statute (3 Comp. Laws, § 10212), because of the death of the other party, was had in the presence of a third person, does not remove the bar of the statute.</p> <p>4. Equity Praotioe — Hearing in Open Court — Evidence.</p> <p>A circuit judge is not bound, on the hearing of a chancery case, to admit evidence which the statute declares shall be inadmissible.</p> <p>5 Insurance — Arbitration—Validity op Agreement op Submission</p> <p>Insurance policies held by complainants provided for the submission, of any loss under them to arbitrators, whose award should be prima faeie evidence of the amount of the loss. After a fire, complainants entered into a written agreement with the insurance companies for arbitration, which provided that the award should be binding upon both parties as to the amount of the loss. It appeared that the agreement, which was very short, was in the possession of complainants long enough for them to have read it before they signed it, and there was testimony that they did read it. No mistake was claimed, nor any actual fraud shown. Held, that the agreement was not invalid in that its effect was not explained to complainants.</p> <p>6. Equity Practice — Province op Court.</p> <p>A court of equity, in passing on questions of fact, should not submit its conscience to what a jury might do under like circumstances.</p> <p>7. Equity Jurisdiction — Arbitration—Setting Aside Award.</p> <p>Courts of equity alone have the power to determine whether an award under an arbitration agreement was corruptly or fraudulently made.</p> <p>8. Fire Insurance — Arbitration—'Validity op Award — Refusal op Hearing.</p> <p>In a suit against insurance companies to set aside an arbitrators’ award, complainants testified that they offered to show the arbitrators where certain planer patterns, as to the loss of which some question had been raised, were, and their condition, and that the arbitrators promised to look at them the next morning. Such patterns were on the schedule of property lost and damaged furnished to the appraisers. They had examined the damaged property, were on the premises frequently for several days, and found all the property except the patterns. No demand for sworn testimony or an open hearing was made. Held, that the failure of the arbitrators to look at the patterns after being informed where they were was not such a refusal to give the parties a hearing as would justify the setting aside of the award.</p> <p>9. Same — Method op Appraisal.</p> <p>The arbitrators to whom was submitted the adjustment of the loss sustained under a fire policy covering certain machine patterns allowed nothing for absolutely “dead” patterns, but allowed something for those for which there might possibly be a use. Held, that this method of estimating the loss was within the terms of the submission, authorizing them to make a proper deduction for depreciation from use, age, condition, location, or otherwise.</p> <p>10. Same — Inadequacy of Award.</p> <p>Arbitrators chosen to adjust a loss under a fire policy fixed the loss, under oath, at $740. Two appraisers employed by the insured, who made their examination some time after that of the arbitrators, and under less favorable circumstances, estimated the loss at $7,000. The property lost and damaged consisted chiefly of machinery patterns, the value of which depended on whether the machines for which they were made were in common use, or whether they were “ dead patterns.” Held, not to show that the award was so inadequate as to warrant an inference of corruption or partiality on the part of the arbitrators.</p>

Errof to Wayne; Frazer, J. Belle Bernard presented a claim against the estate of Edward Fee, deceased, for money loaned. The claim was disallowed by the commissioners, and claimant appealed. From a judgment for claimant, defendant brings error. The sole written evidence of the claim presented against the estate of Edward Fee, deceased, is a check reading as follows: “$300.

, presiding. Case by the Third National Bank of New York against George A. Steel for fraud and deceit. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

Ejectment by Oscar Jeffers and others against John W. Sydnam. From a judgment for plaintiffs, defendant brings error. This case was tried by the court without a jury, and the following finding of facts and of law made: “1. In 1864 William J. Knapp was the owner in fee of the west half of the northeast quarter of section 10, town 5 north, of range 9 west.

<p>1. Benefit Societies — Sick Benefits — Nonpayment of Assessments — Forfeiture of Membership.</p> <p>A contract of membership in a benefit association provided for the payment to the member of a certain sum monthly in case of total disability; also that nonpayment of an assessment when due should operate to suspend him from all benefits of the association. The member became totally disabled while in good standing, such disability continuing until his death. Held, that his membership was not forfeited because of the nonpayment of an assessment falling due during the period of such disability, the amount of which was less than his credit with the association for accrued benefits.</p> <p>2. Same.</p> <p>The fact that such disability had not existed for a month at the time the assessment became due, so as to entitle the member to a month’s benefit, was unimportant.</p>

Assumpsit by William L. Brown against Nick Kriser to recover a balance due on a building contract. From a judgment for defendant, plaintiff brings error.

Assumpsit by Samuel Stearns and William Stearns against Henry Stearns upon a promissory note. From a judgment for plaintiffs on verdict directed by the court, defendant brings error.

<p>Habeas corpus by Philip Little against the sheriff of Montcalm. county.</p>

<p>1. Electric Railways — Injury to Passenger — Negligence — Question eor Jury.</p> <p>Plaintiff was injured while attempting to alight from an electric car at a switch several rods from the station building at her destination. Her testimony tended to show that the conductor called the name of the station before the car stopped; that several persons then boarded the car; that passengers were in the habit of leaving the car at that place, and there was nothing to indicate that it was not proper to do so; and that she attempted to alight in a proper manner, and was thrown to the ground by the sudden starting of the car. Defendant’s testimony contradicted that of plaintiff in all essential particulars. Held, that a verdict for plaintiff would not be disturbed.</p> <p>2. Same — Connecting Lines — Track Contracts — Joint Liability.</p> <p>Defendant operated an electric railway connecting with another line, and had a contract with the latter whereby through cars were run by both lines between their respective terminals. The contract provided that each company should have full control of the cars while on its tracks, and that the ownership of the tracks should determine their responsibility to the public; that each company should receive a rental for the use of its cars by the other; and that the fares should belong to the company owning the1 tracks for a ride over which they were collected. Plaintiff boarded one of defendant’s cars while on the tracks of the other company, and paid her fare to the terminus of the latter’s line. She was injured, while alighting, by the negligent starting of the car as it was about to turn onto defendant’s track, and after the switch had been thrown. She was entitled, for the fare paid, to ride at least a block farther, and over a portion of defendant’s road. Held, that the companies were jointly operating the car, each receiving a consideration for her ride, — the other company, the fare; defendant, a rental for its car, with the privilege of through service, — and were jointly liable for the injury.</p> <p>3. Negligence — Joint Tort Peasors — Actions.</p> <p>Where more than one party is guilty of negligence, the person injured may proceed against them jointly or severally</p>

Case by Wirt P. Doty against the Detroit Citizens’ Street-Railway Company for personal injuries. Prom a judgment for defendant on verdict directed by the court, plaintiff brings error.

Clair; Law, J. Mandamus by the People of the State of Michigan, on the relation of Burt D. Cady, prosecuting attorney of St. Olair county, to compel John H. Ihnken, clerk of the village of Algonac, to record certain proceedings of the village council. From an order granting the writ, respondent brings certiorari.

Clair; Whipple, J. Case by William A. McGregor against the Grand Trunk Elevator Company for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error. '

<p>Error to St. Joseph; Yaple, J.</p> <p>Case by Thomas J. Haines against the Lake Shore Sc Michigan Southern Railway Company for personal injuries. From a judgment for plaintiff, defendant brings error.</p>

<p>Error to Wayne; Hosmer, J.</p> <p>Case by John E. Ouellette against the Michigan Alkali Company for personal injuries. From a judgment for plaintiff, defendant brings error.</p>

Bill by William P. Holliday against Mary A. Snow and others, impleaded with Robert J. Wilson and wife, to foreclose a mortgage. From a decree for complainant, •defendants appeal.

Case by William J. Sax against the Detroit, Grand Haven & Milwaukee Railway Company for the breach of a contract of employment. From a judgment for plaintiff, defendant brings error. The following contract was executed between the defendant and the plaintiff: ‘‘ Chicago & Grand Trunk Railway Company. Detroit, Grand Haven & Milwaukee Railway Company. Toledo, Saginaw & Muskegon Railway Company. Cincinnati, Saginaw & Mackinaw Railway Company.

<p>1. Trespass — Title—Possession—Instructions.</p> <p>In trespass quare clausum, a request to charge that title alone, even if found in plaintiff, would not entitle him to recover, was sufficiently covered by an instruction that plaintiff could not recover unless found to have been in actual possession.</p> <p>2. Same — Right of Entry.</p> <p>One cannot be held liable in trespass for peaceably entering on his own land in the wrongful possession of another.</p> <p>3. Taxation — Description of Lands.</p> <p>A description of land in a tax deed as the “west fractional half ” of a given section is identical in effect with that of the “west fractional quarter”, of such section, which was employed in the anterior proceedings, where the land borders on one of the Great Lakes, and lies wholly south of the extended quarter line.</p> <p>4. Same — Certificate of Error.</p> <p>Where a certificate of error issued by the auditor general purported to cancel a tax deed because the property was returned delinquent, advertised, and bid off to the State under one description, while the sale' and deed were made under another description, and, seven days after the certificate was issued, the auditor general issued a deed of the same premises under the description first mentioned, it will be presumed that the certificate was not based on any other defect than the alleged misdescription.</p> <p>5. Same — Validity—Collateral Attack.</p> <p>A certificate of error issued by the auditor general purporting to cancel a tax deed, if judicial, is the act of a limited tribunal, and if it shows affirmatively on its face that it was issued on a supposed defect, which was clearly not such as a matter of law, it will be treated as void in any proceeding.</p> <p>6. Same.</p> <p>Whether such certificate, to be valid, must set out the errors relied on for its issuance, — qucere.</p> <p>7. Same.</p> <p>A certificate by the auditor general to. the effect that a deed of State tax lands for the taxes of certain years, including 1885, was erroneously executed, for specified x'easons not applicable to the tax of 1885, does not operate to cancel the deed so far as it relates to the title for that year.</p>

Trespass quare clausum fregit by Horace D. Moore against John H. Pear and others. From a judgment for plaintiff on verdict directed by the court, defendants bring error.

Assumpsit by the Chicago Building & Manufacturing Company against John Yell upon a subscription for stock. From a judgment for defendant, plaintiff brings error.

William J. Rice presented a claim against the estate of John C. Bader, deceased, on a guardian’s bond. The claim was disallowed by the commissioners, and claimant appealed to the circuit court. From a judgment for claimant, May E. Wilson, administratrix of said estate, brings error. This case was tried before the court without a jury, and a finding of facts and law made.

Assumpsit by the National Wall Paper Company against Robert C. Ames for a breach of duty as collection agent. Prom a judgment for plaintiff, defendant brings error.

Assumpsit by Frederick W. Walker and Samuel Daniel against Eliza Mack for the breach of a contract for the sale of land. From a judgment for plaintiffs, defendant brings error. Plaintiffs recovered verdict and judgment for $467 for the violation of a contract executed between them and the defendant.

Bill by Peter Van Rossum and Cornelius Van Rossum against the Grand Rapids Brewing Company and Fritz C. Jehle to enjoin interference with certain alleged water rights. From a decree dismissing the bill, complainants appeal.

Assumpsit by the village of Laurium against Joseph R. Murphy, principal, and Thomas Mills and Nicholas S. Bray, sureties, upon an official bond. From a judgment for plaintiff on verdict directed by the court, defendant sureties bring error.

<p>Deeds — Undue Influence — Evidence.</p> <p>A decree sustaining a deed, attacked for fraud and undue influence, was affirmed under the evidence.</p>

Clair; Whipple, J. Petition by Roscoe D. Dix, auditor general, for the sale of lands delinquent for taxes: On objections filed by John M. Hoffman. From a decree for contestant, petitioner appeals.

Assumpsit by Fred Wright against the Elk Rapids Iron Company to recover a balance of salary. From a judgment for plaintiff, defendant brings error. Plaintiff had been employed by defendant as foreman in its flouring mill from 1890 until May, 1896, when he was discharged. He claimed a hiring by the year; the defendant, by the mopth. The declaration and bill of particulars were to recover the balance due for the rest of the year after his discharge.

<p>1. Slander — Pleading—Evidence.</p> <p>Evidence of injury to the reputation of plaintiff in a slander suit is admissible under a declaration alleging his previous good reputation, the utterance by defendant, with intent to injure plaintiff therein, of words actionable per se, and the consequent injury to plaintiff in his reputation.</p> <p>2. Trial — Misconduct op Counsel — Harmless Error.</p> <p>Where the declaration in a slander suit alleged injury to plaintiff’s business, and the evidence showed that the business belonged to plaintiff’s wife, a statement by plaintiff’s attorney that plaintiff had an interest in the business, which he was conducting in his wife’s name, and that he was prevented from getting damages for injuries thereto by reason of a technicality, if erroneous, was rendered harmless by an instruction that a recovery could not be had for an injury to the business ; it affirmatively appearing that no damages were awarded on that branch of the case.</p>

<p>Error to Wayne; Waite, J.</p> <p>Case by John Monyhan against the Detroit & Saline Plank-Road Company for personal injuries. From a judgment for plaintiff, defendant brings error.</p>

Assumpsit by the Cameron Lumber Company against Matthew Somerville for goods sold and delivered. From a judgment for plaintiff, defendant brings error.

<p>Exceptions before judgment from Kent; Perkins, J.</p> <p>Lewis H. Boorom was convicted of keeping a saloon, contrary to an ordinance of the village of Sparta.</p>

Trover by Elwin Bellows and Adelbert Bellows, co-partners as Bellows Brothers, against the Crane Lumber Company. From a judgment for only a portion of their claim, plaintiffs bring error.

Barbary Taylor presented a claim against the estate of James F. Smiley, deceased (George H. Greene, executor), on a promissory note. The claim was disallowed in both, the probate and circuit courts, and claimant brings error.

Log-lien proceedings by Peter Hammond against Albert W. Pullman and Edward West, copartners as Pullman & West, principal defendants, and George Engel, log owner. From a judgment for plaintiff, defendant Engel brings error.

Case by Henry Ramsby, highway commissioner of Littlefield township, against Fred Bigler, to recover a penalty for obstructing a highway. From a judgment for plaintiff, defendant brings error. Plaintiff, highway commissioner of the township of Littlefield, brought this suit against the defendant to recover a penalty for obstructing a highway, under 2 Comp. Laws, § 4157, which provides a penalty of not exceeding $25 for such obstruction.

Assumpsit by J. Frederic Baars, attorney for Isabella C. Wood, against the city of Grand Rapids, to recover taxes paid under protest. From a judgment for defendant on verdict directed by the court, plaintiff brings error. This is a suit by the plaintiff to recover the amount of taxes assessed against him, and paid under protest by him, as agent for a nonresident,' on credits belonging to the latter. These taxes are claimed to have been illegally assessed.

Clair; Thomas, J. Case by Percey Hackett, administrator of the estate of Ralph' Hackett, deceased, against the Wilson Transit Company, for negligently causing the death of plaintiff’s intestate. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

Bill by the Commercial Bank of Port Huron against Samuel G. M. Gates and the Union Trust Company for the appointment of a receiver for the estate of said Gates. The trust company having been appointed as such receiver, Baker, Schwartz & Dake presented a claim against the estate, which was disallowed, and they appeal.

Bill by Thomas G. Miner, executor of the last will and testament of Johannes Harms, deceased, against Milo A. Boynton, Henry Bramer, and Anna S. Reed, for the specific performance of a contract for the sale of land. From a decree dismissing the bill, complainant appeals.

<p>1. Malicious Prosecution — Obstructing Highway — Probable Cause — Sufficiency of Evidence.</p> <p>In an action against a highway commissioner for malicious prosecution in causing plaintiff’s arrest for obstructing a highway, the testimony tended to show that defendant laid the facts before the prosecuting attorney, and acted on his advice in swearing to the complaint, without malice and in good faith. The willful obstruction of a highway is made a penal offense by 2 Comp. Laws, § 4157, and it is the commissioner’s duty to keep it free from obstructions. The validity of the proceeding laying out the highway in question had been sustained by the circuit court. Held, sufficient to justify a judgment for defendant, on the ground that he had probable cause to believe plaintiff guilty of an offense, even if a criminal prosecution will not lie for obstructing a highway.</p> <p>2. Same — Evidence—Admissibility.</p> <p>In an action against a highway commissioner for maliciously prosecuting plaintiff for obstructing a highway, an adjudication of the circuit court sustaining the validity of the highway was competent to show good faith, where brought to defendant’s knowledge, though plaintiff was not a party thereto.</p>

Case by Horace Á. Brown against the city of Detroit for personal in] uries caused by a defective sidewalk. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

Bill by the Hewitt Iron Mining Company against the Dessau Company, impleaded with Sidney Cohen, to enforce a lien for royalties under a mining lease. From a decree for complainant, defendant appeals. Modified and

Case by Amable La Eernier, special administrator of the estate of John Roberts, Jr., deceased, against the Soo River Lighter & Wrecking Company, for negligently causing the death of plaintiff’s intestate. From a judgment for plaintiff, defendant brings error.

Mandamus by Edward J. Bowman, city attorney of the city of Greenville, to compel Frank D. M. Davis, circuit judge of Montcalm county, to vacate an order requiring the production of certain taxpayers’ statements for use in a suit at law.

Mandamus by Johnston Stuart to compel William H. ■Corlette, circuit court commissioner of Wayne county, to make return to an appeal. From an order granting the writ, respondent brings certiorari.

Case by William Mahler, an infant, by William Look, his next friend, against.David Stott, for personal injuries. From a judgment for defendant on verdict directed by the court, plaintiff brings error.

<p>Adulterated Jelly — Liability op Salesman.</p> <p>A traveling salesman cannot be convicted of selling adulterated jelly, in violation of 3 Comp. Laws, §§ 5033, 5036, on proof merely that he solicited and obtained an order for pure fruit jelly, and forwarded the same to his house, which in response sent an adulterated article, labeled “Pure Fruit . Jelly.”</p>

Samuel Beech was convicted of an assault with intent to commit the crime of rape, and sentenced to imprisonment in the State house of correction at Ionia for seven years. Respondent was convicted of assault with intent to commit the crime of rape upon a girl named Gracie Metz, 6 years old. The information charges three crimes, viz.: Rape, assault with intent to commit rape, and taking indecent liberties with a child under 14 years of age.

<p>False Pretenses — Criminal Intent — Evidence of Other Transactions — Admissibility.</p> <p>In a prosecution for obtaining money by falsely representing that a note offered as collateral security was good and collectible, evidence of other transactions, wherein respondent had borrowed small sums and assigned other notes as security, is inadmissible to show criminal intent, where, in some of such cases, no representations were made, and in others the representations were not shown to be false.</p>

<p>1. Intoxicating Liquors — Sale by Druggist — Bonds.</p> <p>A druggist who sells liquor without having given the bond prescribed by 2 Comp. Laws, § 5381, is not within the provision of that section exempting from the penalties of the liquor law druggists selling liquor in strict compliance with law, and is therefore amenable to the general law, the same as any other person.</p> <p>2. Same — Sufficiency of Information.</p> <p>But, there being nothing to prevent a druggist from becoming a retailer of liquor on giving the bond prescribed by section 5386, an information which charges him with selling liquor without having given a druggist’s bond, but which fails to negative the giving of a retailer’s bond, is fatally defective.</p>

Quo toarranto proceedings by Horace M. Oren, attorney general, on the relation of Harvey A. Penney and others, against Matthew Gramlich and others, to try the title to the offices of members of the board of supervisors of Saginaw county.

Habeas corpus and ancillary writ of certiorari by Blanche B. Cox to secure her release from imprisonment in the Detroit house of correction.

William 0. Waters and others presented a claim against the estate of Hervey C. Parke, deceased, upon a subscription. The claim was disallowed by the commissioners, and claimants appealed to the circuit court. Prom a judgment for claimants on verdict directed by the court, the Union Trust Company, executor of the last will and testament of decedent, brings error.

Assumpsit by John G. Rumney against the Detroit & Montana Cattle Company to recover certain dividends on stock in defendant corporation. Prom a judgment for plaintiff, defendant brings error. Plaintiff was the owner of some of the capital stock of the defendant company, and was entitled to a dividend upon the same for $4,736. To recover this sum, he instituted this suit, upon the refusal of defendant to pay.

Mandamus by Fred M. Warner, Daniel McCoy, and Edwin A. Wildey to compel Perry F. Powers, auditor general, to issue warrants for the payment of salaries to relators as members of the board of State auditors.

Case by Seddie Zibbell against the city of Grand Rapids for personal injuries. From a judgment for plaintiff, defendant brings error.

Mandamus by Henry G. Poupard to compel Robert E. Frazer, acting judge of the recorder’s court of Detroit, to vacate an order requiring relator to answer certain interrogatories in a proceeding for contempt.

Assumpsit by the Globe & Rutgers Fire-Insurance Company against James A. Jones for money had and received. From a judgment for defendant, plaintiff brings error.

Case made from Newaygo; Palmer, J. Case by Charles Steadman against Edward Keets for malicious prosecution. There was a judgment for defendant, and plaintiff assigns error. This is an action for malicious prosecution.

Case by Nicholas Lauer against Francis F. Palms, Michael W. O’Brien, and Clotilde Palms Book, trustees of the estate of Francis Palms, deceased, for injuries caused by the fall of the wall of a building. From a judgment for plaintiff, defendants bring error.

Assumpsit by. Carson, Pirie, Scott & Company against Francis W. Fincher and Charles Jensen, copartners as F. W. Fincher Company, to recover the amount of a protested check. From a judgment for plaintiff, defendants bring error.

Assumpsit by Viola Eosegrant Snyder against James E. Neal and Heroin Neal for work and labor performed. From a judgment for plaintiff, defendants bring error.