Volume 140 — Michigan Reports

Case by Ered Blount against Melvin Mason for slander. There was judgment for defendant on demurrer to the declaration, and plaintiff brings error.

Clair; Tappan, J. Case by Graham E. Minnie, by his next friend, against Ernest B. Mueller for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Clair; Law, J. Benjamin R. Whipple, administrator of the estate of Frank Whipple, deceased, presented the final account of his intestate as special administrator of the estate of Peter W. Reed, deceased. The account was allowed in the probate court, and Robert H. Reed and another, heirs, appealed to the circuit court. There was judgment at the circuit affirming the order of the probate court and dismissing the appeal, and appellants bring error.

Bill by Glenn T. Emigh against Elizabeth Whiteley and Nellie M. Zimmerman to correct certain descriptions in a lease, and for an accounting. From a decree for ■complainant, defendants appeal.

Assumpsit by Clinton D. Cannon against Abraham R. McIntyre on certain promissory notes. There was judgment for defendant, and plaintiff brings error.

Assumpsit by Samuel J. Kibler and John W. Kibler, copartners as S. J. Kibler & Brother, against Michael Caplis for breach of contract for the sale of certain hides. There was judgment for defendant, and plaintiffs bring error.

Assumpsit by James Talcott against Louis Freedman, Ephraim M. Love, David R. Love, Harry Love, and Henry Rosenthal, copartners as Freedman, Love & Company, for goods sold and delivered. There was judgment for plaintiff on a verdict directed by the court, and defendants bring error.

<p>Cancellation of Deed — Evidence—Sufficiency.</p> <p>On a bill to set aside a deed from complainant to her son on account of undue influence, evidence examined, and held, to support a decree for complainant.</p>

Case by William Lansky against Horace G. Prettyman for an assault and battery, false imprisonment, and malicious prosecution. There was judgment for defendant, and plaintiff brings error.

Assumpsit by Lewis Calbeck against Frank B. Ford for breach of a contract to convey certain real estate. There was judgment for plaintiff, and defendant brings error.

Assumpsit by Webster Thayer and Miles Bentley against George W. Gibbs for breach of a certain lease. There was judgment for plaintiffs, and defendant brings error.

Case by W. Carl Chali, by next friend, against the Detroit Stove Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Alice M. Luizzi presented a claim against tbe estate of Alice L. Brady, deceased, for services rendered. Tbe claim was allowed in part by tbe commissioners, and claimant appealed to tbe circuit court, where there was judgment for claimant, and defendant brings error.

Clair; Law, J. Bill by Hosea Lamb against William J. Lamb and others to set aside a sale of partnership property, the appointment of a receiver, and for an accounting. From a decree dismissing the bill, complainant appeals.

Mandamus by Christian A. Oppenborn, treasurer of Alpena county, to compel James B. Bradley, auditor general, to expunge from the records certain charges against the county of Alpena. Section 59 of the general tax law (1 Comp. Laws, § 3882, as amended by Act No. 262, Pub.

Trespass quare clausum fregit by William Cockerline against Maxwell M. Fisher. There was judgment for plaintiff, and defendant brings error.

<p>Error to Wayne; Hosmer, J.</p> <p>Trover by Walter G. Hogan against the Detroit United Railway. There was judgment for plaintiff, and defendant brings error.</p>

Covenant by Mabel Ward Seitz against the People’s Savings Bank for breach of warranty in a deed. There was judgment for plaintiff, and defendant brings error.

Case by Nellie Allen against the city of West Bay City for personal injuries. There was judgment for plaintiff, and defendant brings error.

<p>Mandamus by H. Brant Roberts to compel Guy M. Chester, circuit judge of Lenawee county, to dismiss a will contest.</p>

<p>Eminent Domain — Public Use — Navigable Waters — Harbors —Enlargement—Cities.</p> <p>A city of the fourth class cannot condemn land for the purpose of improving and enlarging a harbor on navigable water. Section 1, chap. 25, Act No. 136, Pub. Acts 1899.</p>

Bill by Matthew H. Flynn and Catherine Flynn against Charles Service, Christopher Dansby, and Thomas Denehe to restrain the digging of a certain drain. From a decree for complainants, defendants appeal. Complainants filed their bill to restrain the defendants from digging a drain draining three small lakes known as Hemingway Lake and Twin Lakes, and discharging the water upon their land. Hemingway Lake lies a short distance west of the public highway running north and south.

Garnishment proceedings by the Simmons Hardware Company against Harry Rose as garnishee defendant of Byron B. Baker. There was judgment for defendant, and plaintiff brings error.

, presiding. Case by Jonathan Penfold against the Charlevoix Savings Bank and others for fraudulent representations inducing purchase of stock. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error.

Foreclosure bill by the Union Trust Company, trustee, against the Michigan Eléctric Company, in which the Bryan-Marsh Company intervened by petition asking for the surrender of certain lamps. From an order denying the petition, petitioner appeals.

Assumpsit by the Union Trust Company, administrator de honis non with the will annexed of the estate of Lucetta R. Medbury, deceased, against William H. Morgans on a promissory note. There was judgment for defendant, and plaintiff brings error.

Bill by Le Grand Curtis and another against Mark B. Brewer and others to restrain the foreclosure of certain mortgages, and for an accounting. Defendant Brewer filed an answer in the nature of a cross-bill praying for the foreclosure of said mortgages. From a decree for defendant, complainants appeal.

Case by Richard Temby against the city of Ishpeming for personal injuries. There was judgment for plaintiff, and defendant brings error.

<p>Error to Washtenaw; Kinne, J.</p> <p>Trover by Hans M. Johnson against John Gillen and others. There was judgment for plaintiff for less than the amount claimed, and he brings error.</p>

Attachment proceedings under the log-lien law by James D. Van Slyck against Frank Arseneau and the Sagola Lumber Company. There was judgment for plaintiff, and defendant lumber company brings error.

Assumpsit by Alanson Beckwith against L. Stowell Mace, Robert H. Lanyon, and John S. Huey, copartners as the Stony Lake Resort Company, for goods sold and delivered. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error.

Bill by Joseph Huot and Mel vina Huot against the Reeder Brothers Shoe Company, Ferdinand Huot, and John Willis to set aside an execution levy and to reform a deed. From a decree for complainants, defendant shoe company appeals.

<p>Error to Berrien; Coolidge, J.</p> <p>Assumpsit by Charles Pape against the township of Benton for the price of certain road machines purchased under section 4194, 2 Comp. Laws. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.</p>

Assumpsit by the city of Detroit against the Mackinaw Transportation Company for taxes. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Mandamus by Harry T. Bishop to compel the board of supervisors of Ottawa county to audit and allow a claim for services rendered during an epidemic of smallpox. There was an order granting the writ, and respondent brings certiorari.

Assumpsit by the Diamond Match Company against the village of Ontonagon for taxes paid under protest. There was judgment for plaintiff, and defendant brings error.

<p>Error to Ionia; Snow, J., presiding.</p> <p>Ejectment by De Witt Wilbur against Harriet Grover and John Grover. There was judgment for plaintiff on a verdict directed by the court, and defendants bring error.</p>

Bill by the Miskwabik Development Association, Limited, against Joseph Croze and others to quiet title to land. From a decree for complainant, defendants appeal.

Bill by Mary H. Cuming and Emily J. Cuming against Thomas J. Gleason, city marshal, and the city of Grand Rapids, to restrain the building of a sidewalk. From a decree dismissing the bill, complainants appeal.

Assumpsit by Charles S. Beadle against the Sage Land & Improvement Company for commissions on the sale of certain real estate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

<p>Appeal from Midland; Dodds, J.</p> <p>Bill by Jeff Pence against George Miller and another to quiet title to land. From a decree for complainant, defendant Miller appeals.</p>

Assumpsit by Winnifred Wilson against J. Frank Medler and wife for money had and received. There was judgment for plaintiff, and defendants bring error.

Assumpsit by Samuel A. Eobinson against Henry C. Ward for breach of a contract to furnish logs for sawing. There was judgment for plaintiff, and defendant brings error.

Ejectment by Josephine Spacek and another against Anton Schaub and another. There was judgment for plaintiffs, and defendants bring error.

<p>Error to Muskegon; Russell, J.</p> <p>Case by Edward Wright against the city of Muskegon for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.</p> <p>The board of supervisors of the county of Muskegon made a contract with one Louis H. Kanitz for the construction and repair of a cement sidewalk on one side of the court-house square. The work was completed about noon, and, in order to prevent ped.estrians from walking over it before it was sufficiently hardened, a piece of woven wire fence, about two feet high, was stretched across the ends. About dusk some girls, walking along the street, fell over it. In this way, or in some other, the wire fence was either crushed down or bent over partly upon its side so as to be from four to six inches from the sidewalk. Plaintiff lighted his lantern and placed it near this obstruction to serve as a warning, and notified the contractor over the telephone. The contractor promised to fix it, but did not. Plaintiff did not notify any officer of the city; neither did the city have any knowledge of its condition. The light of the lantern, for some reason, went out. Plaintiff, on the same night, went to a lodge meeting, and on his return, between 11 and 12 o’clock, forgetting about the obstruction, walked over it, fell, and claims to have been injured. The negligence charged is the failure to maintain a proper barrier and to hang up lights sufficient to serve as a warning. The court directed a verdict for the defendant.</p>

Exceptions before judgment from Oakland; Smith, J. Waterman P. Stison was convicted of incest. Respondent was convicted of the crime of incest with his niece, 19 years of age. She was pregnant, and died .in a lying-in hospital soon after the birth of the child. Respondent’s wife had left him, and his niece lived at his house, doing the household work and attending school. She left and went to a lying-in hospital at a distant city under an assumed name.

<p>Criminal Law — Sentence and Punishment — Indeterminate Sentence Law.</p> <p>A sentence pronounced after, for a crime committed before, the indeterminate sentence law (Act No. 136, Pub. Acts 1903) took effect is to be considered as though that law had never been enacted, and so considered is not invalid because for the maximum and minimum of five years, the maximum sentence provided for the particular crime, nor does it deprive the prisoner of the benefit of the previously existing statutes respecting “good time” in prison.</p>

Assumpsit by William Brinen against the Supreme Council of the Catholic Mutual Benefit Association upon a benefit certificate. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. Defendant, a mutual benefit association, is organized under a special act of the legislature of the State of New York, enacted in 1879, Laws 1879, chap. 496.

Motion to modify judgment submitted July 21, 1905. Assumpsit by William Spiker, by his next friend, against the American Relief Society for the amount of a judgment rendered in a foreign court. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Petition by John J. Gorman against Joel C. Hopkins, circuit judge of Calhoun county, for a writ of prohibition to restrain further proceedings in a garnishment suit, or for a writ of mandamus to compel respondent to vacate an order denying a motion to set aside an order of default.

Bill of interpleader by the Michigan Mutual Life-Insurance Company against Julius Basler, and Otto Miller and Ella Miller to determine the right to the proceeds of a life-insurance policy. From a decree for defendants Miller, defendant Basler appeals.

S. Eugene Dodge presented his final account as administrator of the estate of Susan S. Dodge, deceased, which was allowed in the probate court, and Caroline H. Sanders, guardian of Josephine S. and Susan E. Dodge, appealed to the circuit court. There was judgment affirming the order of the probate court, and contestant brings error.

Motion to retax costs, recall execution, and modify judgment .on error submitted July 21, 1905. Trover by Richard A. Seymour and John Seymour, co-partners' as Seymour Brothers, against Herman Bruske. There was judgment for plaintiffs, and defendant brings error.

Bill by Cassius M. Gould, as administrator of the estate of Robert Elston, against Jane Wilkinson and others to establish and enforce a lien. From a decree for complainant, defendant Wilkinson appeals.

Case by Joseph Brunelle against Archie Ruell for alienation of affections and criminal conversation. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Assumpsit by Wallace E. King against the Concordia Fire-Insurance Company on a policy of insurance. There •was judgment for plaintiff, and defendant brings error.

Joseph; ’Yaple, J. Assumpsit by Adolph Stauber and Carl Stauber, co-partners as the A. Stauber Manufacturing Company, ■against James W. Ellett, principal, and Whitman E. Clark and Willard W. French, sureties, on a bond. There was judgment for plaintiffs, and defendants bring ■error.

Assumpsit by the township of Springwells against the Detroit, Plymouth & Northville Railway, principal, and the American Bonding & Trust Company, surety, on a bond. There was judgment for plaintiff on a verdict directed by the court, and defendants bring error.

Bill by Brainard T. Skinner and Steven S. Hulbert, administrators, with the will annexed, of the estate of Richmond Kingman, deceased, against Emily K. Taft, Caroline B. and Howard R. Kingman and another to construe said will. From the decree rendered, defendants Caroline B. and Howard R. Kingman appeal.

Assumpsit by Victor Fablstedt against the Lake Shore Engine Works for work and labor done. There was judgment for defendant, and plaintiff brings error. Plaintiff’s son, with the consent and approval of plaintiff, made a parol agreement with the defendant by which the son, a minor, was to enter defendant’s service for four years, to learn the business of a machinist. A graduated scale of wages was agreed upon.

Case by Ellis Johnson, by his next friend, against the Minneapolis, St. Paul & Sault Ste. Marie Railway Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Case by Matthew Plunkett against the Detroit Electric Railway Company for personal injuries. There was judgment for defendant notwithstanding a verdict for plaintiff, and plaintiff brings error.

Bill in aid of execution by Sanford Gasser against Arthur Crittenden and wife. From a decree for complainant, defendants appeal. Defendant Arthur Crittenden was the owner of 80 acres of land in Wexford county, and was indebted to complainant in the sum of 1500 and upwards.

, presiding. Bill by David F. Elliott and another against Zeno W. Carter to restrain the flooding of complainants’ land. From a decree dismissing the bill, complainants appeal, iteversed, and decree entered for complainants. Complainants and defendant own adjoining farms; •complainants’ being on the west sideband defendant’s on the east side, of a public highway running north and south. The country is very flat and marshy.

Mandamus by Thomas S. Boyd to compel the board of health of the city of Detroit to audit and approve a claim. There was an order denying the writ, and relator brings certiorari.

Case by Almet J. White, administrator of the estate of Jerome White, deceased, against the city of Marquette for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Case by Cyrus A. Milbourne against the Arnold Electric Power Station Company for personal injuries. There was judgment for defendant notwithstanding a verdict for plaintiff, and plaintiff brings error.

Replevin by the Metropolitan Lumber Company against Zebina McColeman and the Marinette Lumber Company. There was judgment for defendants, and plaintiff brings error.

Bill by the Flint Land Company, Limited, against Ger-hard Fochtman and Frank Fochtman to quiet title to land. From an order sustaining a demurrer to the bill, complainant appeals.

Assumpsit by James B. Swing, trustee for the creditors and policy holders of the Union Mutual Fire-Insurance Company of Cincinnati, Ohio (dissolved), against the Weston Lumber Company for an assessment. There was judgment for defendant, and plaintiff brings error.

Case made from Chippewa; Steere, J. Ejectment by Carrie Boucher against Amille Trembley and others. There was judgment for plaintiff with an allowance to defendants for improvements, and on plaintiff’s exceptions a case was made for this court.

Case by Leonard P. Vander Velde against the village of- Leroy for personal injuries. There was judgment for plaintiff, and defendant brings error.

Case by Stella M. Potter, administratrix of the estate of Henry Potter, deceased, against the Pere Marquette Railroad Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.

Assumpsit by the Oo-Operative Telephone Company against Peter Katus on an agreement for the purchase of certain shares of stock. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Case by Martha Breeze, administratrix of the estate of William Breeze, deceased, against the MacKinnon Manufacturing Company and the Michigan Central Railroad Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendants bring error.

Condemnation proceedings by the Detroit & Toledo Shore Line Railroad Company against Henry M. Campbell and Caroline B. Campbell. From an order confirming the award of the jury, defendants appeal.

<p>Appeal from Wayne; Hosmer, J.</p> <p>Condemnation proceedings by the Detroit & Toledo Shore Line Railroad Company against Genevieve Ferguson and others. Defendants appeal from the award of the jury.</p>

Case by William McDonald, administrator of the estate of Patrick McDonald, deceased, against the Champion Iron & Steel Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.

Assumpsit by Peter Snore against Elmer Hammond for breach of warranty on the sale of a horse. There was judgment for. plaintiff, and defendant brings error.

Mandamus by Benjamin Howard Coffin to compel Norman W. Haire, circuit judge of Ontonagon county, to set aside an order admitting certain persons to appear and defend after a decree pro confesso on substituted service had been entered.

Petition by Perry F. Powers, auditor general, for the sale of land delinquent for taxes: On objections filed by Albert A. Griffin and another. From a decree for contestants, petitioner appeals.

Bill by Theodore Barron against Addie E. Meyers and M. A. Meyers for the reconveyance of certain property, an accounting, and the appointment of a receiver. From an order appointing a receiver, defendant appeals.

Case by Arthur Erickson, by his next friend, against the Cummer Manufacturing Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Assumpsit by the Anderson Carriage Company against William A. Pungs for the breach of a contract to convey certain patents. There was judgment for defendant, and plaintiff brings error.

Assumpsit by the Root & McBride Company against the Walton Salt Association, Limited, and the G. N. Skinner Salt Company for goods sold and delivered. There was judgment for plaintiff against the Walton Salt Association, and said defendant brings error.

Case by T. Henry against the Ann Arbor Railroad Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Bill by the Wray-Austin Machinery Company against Ellen H. Flower and William J. Wray for subrogation to the rights of defendant Wray in a certain lease from defendant Flower. From a decree for complainant, defendant Flower appeals.

<p>Error to Benzie; Chittenden, J.</p> <p>Replevin by Joseph Sparling against Joseph Smeltzer. There was judgment for defendant, and plaintiff brings error.</p>

Case by Lovina Harris against John H. Thomas and others for malicious prosecution. There was judgment for plaintiff, and defendants bring error.

Joseph; Yaple, J. Bill by George W. Palmer and Marc W, Connor against Edwin R. Hill and others for an accounting and the discharge of a mortgage. Prom a decree for complainants, defendants appeal.

Case by Israel Konkle against John M. Haven and Hattie A. Haven for libel. There was judgment for plaintiff, and defendants bring error.

<p>Error to Wayne; Mandell, J.</p> <p>Assumpsit by John C. Hartz against Walter S. Eddy for rent. There was judgment for plaintiff, and defendant brings error.</p>

Bill by Frank Winters against Percy T. Cook to quiet title to land. Defendant filed an answer in the nature of a cross-bill, alleging a tender of the amount necessary to redeem from complainant’s tax lien, and prayed that his title be quieted as against complainant. From a decree for complainant, defendant appeals.

Bill by Emma Alexander against Mary Hillebrand, administratrix of the estate of Frank Hillebrand, deceased, for an accounting. From a decree dismissing the bill, complainant appeals.

Case by Mary C. Miller against the city of Kalamazoo for damages to a water pipe caused by freezing. There was judgment for plaintiff, and defendant brings error.

Bill by James Langdon McKee and Oscar E. Belden against the City Garbage Company, Limited, David E. Uhl, and George P. Dowling for the appointment of a receiver and for an accounting. Prom an order overruling a demurrer to the bill, defendants appeal.

Mandamus by Walter Lemon to compel George W. Smith, circuit judge of Oakland county, to vacate an order dismissing an appeal from the judgment of a circuit court commissioner.

Assumpsit by the Mail & Express Company against Albert E. Wood for work and labor done. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Summary proceedings by Ida M. Miner against Isaac O. Dickey to recover possession of certain premises. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Assumpsit by Catherine Cronenwett against the United States Health & Accident Insurance Company on a policy of insurance. There was judgment for plaintiff, and defendant brings error.

, presiding. Assumpsit by Richard L. Miller against John F. Smith and Mary Smith for breach of a contract to convey certain real estate. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error.

Mandamus by Lyman B. Trumbull to compel the board of canvassers of the city of Jackson to reconvene and re-canvass the vote of a city election. There was an order granting the writ, and respondent brings certiorari. Prom the petition for the writ of certiorari and from the return to the writ the following statement of 'facts is made: In the city of Jackson, at the election held April 3, 1905, Abbott voting machines were used. 1 Comp. Laws, §§ 3804-3823.

Information in equity by Ormond F. Hunt, prosecuting attorney of Wayne county, against the Riverside CoOperative Club and the Master Plumbers’ Association to restrain further violation of the anti-trust law. From a decree for complainant, defendants appeal.

Bill by Alice N. Lohrstorfer against Frederick Lohrstorfer for a divorce. There was a decree for complainant, and defendant took ah appeal, which was, on com-. plainant’s motion, dismissed: On petition to reinstate said appeal.

Case by Anna Hintz against the Michigan Central Railroad Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Case by the Modern Match Company, Limited, against the Baltimore & Ohio Railroad Company for damages to goods while in transit. There was judgment for plaintiff, and defendant brings error.

Case by Sarah A. Warn, administratrix of the estate of Robert R. Warn, deceased, against the city of Flint for negligently causing the death of plaintiff’s intestate. There was judgment for plaintiff, and both parties bring error.

Mandamus by the American Matinee Association to compel George A. Prescott, secretary of State, to receive and file certain articles of association under chapter 158 of the Compiled Laws of 1897.

Bill by Charles H. Blackford against Kittie Olmstead and others to re-establish a deed, and for other relief. From an order overruling a demurrer, defendants appeal.

Judgment creditors’ bill by the O. W. Shipman Company and others against the Detroit, Lake Shore & Mt. Clemens Railway, Merrill B. Mills, and others. From a decree dismissing the bill, complainants appeal.

; Shepard, J. Bill by Charles Mayot and Salmey Mayot against Perry F. Powers, auditor general, to set aside a sale of land for taxes. From a decree for complainants, defendant appeals.

Assumpsit by John B. Wood against John O’Callaghan and Patrick Flanagan on an account stated. There was judgment for defendants, and plaintiff brings error.

Assumpsit by Angie E. Kingston against school district No. 5 of Decatur township upon a teacher’s contract. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Proceedings by Daniel W. Murta against Warren A. Carr to compel the delivery of certain books and papers belonging to the office of school trustee. There was an or•der compelling delivery, and respondent brings certiorari.

Bill by Ellen M. Lappan against Frederick C. Glunz . to restrain the use of a party wall for advertising purposes. From a decree dismissing the bill, complainant appeals.

Case by James O’Connor against Patrick Hogan for the obstruction of a drain. There was judgment for plaintiff, and defendant brings error.

Mandamus by Susie M. Forma to compel Robert E. Frazer, circuit judge of Wayne county, to set aside an order sustaining a challenge to the array of a certain jury.

<p>Mandamus by Willis Chatfield, drain commissioner of Lenawee county, to compel Guy M. Chester, circuit judge of Lenawee county, to dissolve a temporary injunction.</p>

Mandamus by Maude Harley, guardian of Jeanette A. Brown, a minor, and Frank M. Burbank, prosecuting attorney of Ionia county, to compel Frank I). M. Davis, circuit judge of Ionia county, to set aside an order denying the right of the complaining witness to employ an attorney in the prosecution of bastardy proceedings.

Mandamus by Vine Harding and others to compel James B. Bradley, auditor general, to refund the purchase money on void tax sales.

Case by Christ Kopf against the Monroe Stone Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Petition by Florence Ball against John N. Harpham .and George A. Over to set aside certain tax deeds. Defendants filed an answer in the nature of a cross-bill to quiet title. From a decree for petitioner, defendants appeal.

Cross-appeals from Wayne; Rohnert, J. Bill by Charles Wipfler against the Detroit Pattern Works, Lucy Wipfler, Charles E. Wipfler, and Louis Horn io establish his rights in defendant corporation. From ihe decree rendered, all parties appeal.

<p>1. Husband and Wipe — Purchase op Goods — Agency — Questions por Jury.</p> <p>Where, in assumpsit against husband and wife for lumber sold, plaintiff claimed that, though the lumber was originally sold to the husband, after the first car load was shipped, and when plaintiff was in a condition to recover it back, a new arrangement was made, which authorized him to extend the credit to both husband and wife, and that .he in fact did so, and such new arrangement was denied by defendants, whether both agreed to be liable, or whether the husband acted as agent for the wife, was a question for the jury.</p> <p>2. Statute op Frauds — Husband and Wipe — Promise to Pay Husband’s Debt.</p> <p>An oral agreement by a married woman that if plaintiff would leave building material purchased by her husband, and would ship the balance ordered, she would see that it was paid for, was in effect a statement that, if her husband would not pay for the material, she would, and was void both under the statute of frauds and as the act of a woman sought to be made liable for her husband’s debt.</p> <p>3. Same — Appeal—Record.</p> <p>In an action of assumpsit against a husband and. wife, to recover the value of certain lumber originally sold to the husband and used to build a house on the wife’s land, plaintiff claimed that after a portion of the lumber had been shipped, and while he was entitled to recover it back, he made a new agreement with the wife, by which he was entitled to furnish it on the credit of both, and that the wife’s statement that, if her husband did not pay, she would, was only a part of the agreement. The record on error, instead of setting out the evidence, merely recited that plaintiff introduced evidence to support his claim. Held, that a judgment in his favor would not be reversed on the ground that the wife’s agreement was void under the statute of frauds or as an agreement to pay her husband’s debt.</p> <p>4. Husband and Wife — Agency—Instructions.</p> <p>Where, in assumpsit against husband and wife for the price of certain building materials, it appeared that plaintiff first extended credit to the husband, and it was claimed by plaintiff, and denied by defendant, that afterwards a new arrangement was made, by which credit was extended to both, it was error for the court to charge that if the wife was the owner of the property on which the materials were to be used, and the husband'owned no real estate, except a lot of small value, and he conducted the business in relation to his wife’s property with her knowledge and consent, and she and her husband planned to erect a building on her property, and he, with her approval, contracted for the material, she would be liable therefor, regardless of the fact that the bill was charged, and the correspondence in relation thereto was directed, to him.</p>

Case by Adam Foster against the Grand Rapids Railway company for personal injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff claims damages for an assault while a passenger on defendant’s road. He, with four companions, including his wife, had spent the evening at a beer hall at Reed’s Lake, near Grand Rapids, drinking beer and watching a vaudeville performance. This resort is owned by the defendant.

Bill by Edward O’Neil, an incompetent, by Clara O’Neil, his next friend, against John C. Potter to establish a right of way across defendant’s land. From a decree for complainant, defendant appeals.

<p>Error to Antrim; Mayne, J.</p> <p>Replevin by the Antrim Iron Company against James Anderson. There was judgment for defendant, and plaintiff brings error.</p>