Volume 141 — Michigan Reports

Robinson against Frank Ward, and Fred Ward, copartners as Ward Bros., for goods sold and delivered. There was judgment for defendants on a verdict directed by.the court, and plaintiff brings error.

Bill by the Detroit, Ypsilanti, Ann Arbor & Jackson Railway against the city of Detroit, Thomas M. Lucking, receiver of taxes, the village of Dearborn, and James D. Wallace, village treasurer, to determine the situs of complainant for the purposes of taxation. From a decree holding said property taxable in the village of Dearborn, the city of Detroit appeals.

Case by John Dutchowski against the Handy Things Company for personal injuries. There was judgment for plaintiff, and defendant brings error. The defendant is a manufacturer of wooden ware. It had in its factory a gang ripsaw machine, used to cut lumber from one to three inches thick into squares or strips for the turning lathe.

Case by Elizabeth McCormick against the Detroit, Grand Haven & Milwaukee Railway Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Case by Cora A. Carnes, administratrix of the estate of Lutherford B. Carnes, deceased, against the Guelph Patent Cask Company for the negligent killing of plaintiff’s intestate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Quo warranto proceedings by Charles A. Blair, attorney general, on the relation of De Witt H. Moreland, against William H. Maybury to try the title to the office of commissioner of public works in the city of Detroit. There was judgment for respondent, and relator brings error.

Case by Edgar S. Dean against George W. Radford for malpractice as plaintiff’s attorney. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Clair; Law, J. Assumpsit in justice’s court by Thomas McCall and Fred G. Coburn, copartners as McCall & Company, against John J. Van Dusen for goods sold and delivered. There was judgment for plaintiffs, and defendant took a special appeal to the circuit court. There was an order dismissing the. appeal, and defendant brings error.

Debt by Davis Stafford against George T. Baker and others upon a bond. There was judgment for plaintiff on a verdict directed by the court, and defendant Baker brings error.

Case by the Michigan Paper Company against the Kalamazoo Valley Electric Company for damages caused by flooding. There was judgment for plaintiff, and defendant brings error.

Petition by Maude M. Wells against Frank D. M. Davis, circuit judge of Montcalm county, for a writ of prohibition to restrain the exercise of jurisdiction in a divorce proceeding.

Foreclosure bill, filed in tbe Kent circuit, by John T. Byrne against the Gypsum Plaster & Stucco Company, Alice F. Uhl, and others: On motion by defendant Uhl to strike the cause from the calendar for the June, 1905, term.

<p>Costs — Probate Appeals — Contested Cases — Discretion of Court.</p> <p>Where a probate appeal was voluntarily dismissed in circuit court, after the order of the circuit court had been reversed and the order of the probate court affirmed by the Supreme Court, the case was a “ contested case” within the purview of section 681,1 Comp. Laws, and it was within the discretion of the circuit court to deny costs to either party.</p>

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

Mandamus by George S. Field to compel the village of Highland Park to pay or levy an assessment to cover the amount of a warrant. There was an order granting the writ and respondent brings certiorari.

Assumpsit by Robert Trombly, guardian of the person and estate of Joseph Buhler, an incompetent, against Andrew Klersy on a promissory note. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. This suit is based upon a promissory note dated February 3, 1900, for $1,000, made by defendant, and payable to the order of Joseph Buhler, an incompetent person, of whose person and estate the plaintiff was duly appointed guardian.

Case by Martha Katzinski, by her next friend, against the Grand Trunk Railway Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Warsaw Place is a short street, wjth one end leading into St. Aubin avenue, and extending to the railroad yard of the defendant. In the yard at this point were four tracks, two of them being side tracks leading to various manufactories.

Case by Gustav J. Penner against the Vinton Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. The owner of a building in Detroit, which had previously been used for stores and offices, was remodeling it into a theater. To accomplish this, it was necessary to remove a large part of its interior.

<p>Error to Wexford; Chittenden, J.</p> <p>Trover by James Farrell against Nicholas V. Danbury. There was judgment for plaintiff, and defendant brings error.</p>

Case by Herman Hyman against the Ann Arbor Railroad Company for damages to land caused by obstructing a street. There was judgment for plaintiff, and defendant brings error.

Assumpsit by J. Fred Cowan against the Sargent Manufacturing Company for goods sold and delivered. There was judgment for defendant, and plaintiff brings error.

Mandamus by Jerry Sherwood to compel Isaiah Rynearson, township clerk, and George L. Stevens, supervisor, of the township of Three Oaks, to lay an assessment roll before the board of supervisors. There was an order denying the writ, and relator brings certiorari.

<p>Error to Van Burén; Carr, J.</p> <p>Roswell Hubbard was convicted of resisting an officer and sentenced to pay a fine of $50.</p>

Trespass vi et armis by Earl Johnson, by next friend, against Rollin Mack; There was judgment for plaintiff, and defendant brings error.

<p>Taxation — State Tax Lands — Trespass—Right to Sue.</p> <p>The right of action for trespass on lands that have been bid in for the State for delinquent taxes belongs to the State and not to the owner of the original title.</p>

Case by Marion Selby against the Detroit Railway for personal injuries. There was judgment for plaintiff, and defendant brings error.

Case by Nellie B. Remey, by next friend, against the Detroit United Railway for personal injuries. There was judgment for plaintiff, and defendant brings error.

Prank L. Hibbard presented for probate the last will and testament of William Baker, deceased. The will was allowed in the probate court, and Payette L. Baker ap-J pealed to the circuit court. There was judgment at the circuit for contestant, and proponent brings error.

Cross-appeala from Wayne; Mandell, J. Bill by Fannie E. Skelding and Carrie E. Skelding against Lucretia A. Dean, executrix of the last will and testament of Janies N. Dean, deceased, Howard S. Dean, trustee of the estate of Samuel M. Skelding, deceased, and others to set aside a sale of real estate and for an accounting. From the decree rendered, all parties appeal.

Case by Anna D. Nestle against the city of Flint for personal injuries. There was judgment for plaintiff, and defendant brings error.

Bill by Fred F. Bennett against Edward C. Hough, administrator of the estate of Lewis C. Hough, deceased, and others for a partnership accounting. From a decree for complainant, defendants appeal.

Case made from Menominee; Stone, J. Assumpsit by Pollet Perrizo, Edward Perrizo, and Paul Perrizo, Jr., copartners, as Perrizo & Sons, against the township of Stephenson for taxes paid under protest.' There was judgment for defendant, and plaintiffs assign error.

Debt by Anna Maria Thompson and William M. Thompson, trustees, etc., against the village of Mecosta, upon a municipal bond. There was judgment for defendant, and plaintiffs bring error.

Petition by the Wolverine Land Company against Daniel L. Davis and others for a writ of assistance. Prom a decree dismissing the petition, petitioners appeal.

Iram E. Colbath was convicted of statutory rape and sentenced to imprisonment for not less than six and not more than twelve years in the branch of the State prison at Marquette.

Bill by George B. Essex and others against John H. Essex, Randall H. Mitchell, Henry C. La Flamboy, and the G. B. Essex Brass Company to set aside the sale of certain stock. The defendant company filed a cross-bill asking for an accounting. From a decree for complainants, and dismissing the cross-bill, defendants appeal.

Trespass vi ét armis by Thomas Lindsay, an incompetent, by his next friend, against the Wabash Railway Company. There was judgment for plaintiff, and defendant brings error.

Case by Adelbert E. Douglas, by his next friend, against Henry W. Marsh for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Bill by the Pere Marquette Railroad Company against the Wabash Railroad Company and the Detroit Union Railroad Depot & Station Company to determine the rights of complainant in certain contracts and leases. From a decree for complainant, defendant Wabash Railroad Company appeals.

, presiding. Bill by the township of Merritt against William Harp, drain commissioner of Tuscola county, and Francis Dawson and William Findlay, highway commissioners of Gil-ford and Denmark townships, respectively, in said county, to restrain the flooding of complainant’s highways. From a decree for complainant, defendants appeal.

<p>Appeal from Washtenaw; Kinne, J.</p> <p>Bill by William Pitt Meacham against Robert Blaess and others to reform a deed. From a decree dismissing the bill, complainant appeals.</p>

Cross-appeals from Wayne; Donovan, J. Bill by Frances Kurtz against George Gartner and others to quiet title to land. From the decree rendered, hoth parties appeal.

Habeas corpus proceedings by William Devereaux, special guardian of Lyman H. Janes, against Charles A. Janes and Emma Janes to obtain the custody of his ward. There was an order dismissing the writ, and petitioner brings certiorari.

Trover by Milton H. Parke, administrator of the estate of Margaret East, deceased, against Frank Nixon. There was judgment for defendant, and plaintiff brings error.

Ejectment by Ottielge Prowell against Charles Neuendorf and Anna Neuendorf. There was judgment for defendants, notwithstanding a verdict for plaintiff, and plaintiff brings error.

<p>Contracts — Surrender—Estoppel—Evidence.</p> <p>On a bill to restrain a continuing trespass by defendant by cutting timber under a contract of sale with a former owner of the land, evidence examined, and held, that complainant’s claim that defendant surrendered his contract after sale of the land by complainant’s vendor was not sustained, and that defendant in possession and insisting on his rights had done nothing to estop himself from asserting his rights under the contract.</p>

Case by Gordon E. J. Boehm, by next friend, against the city of Detroit for personal injuries. There was judgment for plaintiff, and defendant brings error.

Assumpsit by Frederick Schmid, surviving partner of the firm of Mack & Schmid, against the village of Frankfort, upon municipal bonds. There was judgment for defendant, and plaintiff brings error.

Mandamus by Frank B. Atwood to compel the mayor and common council of the city of Sault Ste. Marie to issue a certificate of election. There was an order denying the writ, and relator brings certiorari.

Clair; Tappan, J. Case by Wells WarreD, by next friend, against the City Electric Railway Company and the Michigan Telephone Company for personal injuries. There was judgment for plaintiff against the defendant railway company, and it brings error.

Exceptions before judgment from Kent; Perkins, J. William A. Decker was convicted of violating an ordinance regulating plumbing and drainage work in the city of Grand Rapids.

<p>Intoxicating Liquors — Screens — Obstruction op View — Information-Sufficiency.</p> <p>An information under section 5409, 2 Comp. Laws, which nowhere charges that a view “ of the bar or place in said room where said liquors are sold or kept for sale ” was obstructed, is fatally defective.</p>

Scott E. Hodge was convicted of manslaughter and sentenced to imprisonment in the Michigan Reformatory at Ionia for not less than six and not more than nine years.

Case by Frank A. Foster against the East Jordan Lumber Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Assumpsit by Henry Kupfer and Harold W. Kupfer, copartners as Henry Kupfer & Co., against the Michigan Clothing Company for goods sold and delivered. There was judgment for defendant, and plaintiffs bring error.

Clair; Tappan, J. Assumpsit by the American Trotting Association against Felix Reynolds for money had and received. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Assumpsit by Charlie Goodrich against the HackleyPhelps-Bonnell Company for goods sold and delivered. There was an order dismissing the case for want of proper service of the summons, and plaintiff brings error.

Case by John Hutchinson against the Cleveland-Cliffs Iron Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Mandamus by John J. Power to compel the common council of the village of Litchfield to accept a liquor bond. There was an order denying the writ, and relator brings certiorari.

Mandamus by Joseph L. Hooper, prosecuting attorney, to compel Howard H. Batdorff, a justice of the peace, to issue a warrant. There was an order denying the writ, and relator brings certiorari.

Bill by Sarah Van Norsdall, G. Willis Smith, and Emma A. Clark against Emma Smith to compel the specific performance of a land contract. From a decree for complainants, defendant appeals.

Case by Nelson Martin, by next friend, against the Detroit Lumber Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff had two fingers cut off by a circular saw, and sued his employers for resulting damages.

Bill of interpleader by William G. Herpolsheimer against the Hansell-Elcock Company and others to determine the disposal of an amount due on a building contract. The defendant Hansell-Elcock Company filed an answer in the nature of a cross-bill, making the Fidelity & Deposit Company of Maryland a party defendant, and praying to be subrogated to the rights of complainant in an indemnity bond to the amount of its claim.

Replevin by Mary L. Botsford against Thomas D. Brad-field and John E. Botsford, executors of the last will and testament of Sarah C. Turner, deceased. There was judgment for plaintiff, and on petition of Helen M. Burr and others, legatees under said will, they were allowed to intervene and bring error.

Bill by Delbert C. James against William A. Irvine and Mina G. Irvine to restrain the erection of a dwelling. From a decree dismissing the bill, complainant appeals. For some time prior to 1889, a tract of land extending west from Woodward avenue to Hamilton Boulevard, in the city of Detroit, was owned by several parties, and was platted as Duffield & Dunbar’s Subdivison, containing 98 lots. The plat was duly recorded.

Assumpsit by Allen E. Howe against William J. Morey for work and labor done, and for goods sold and delivered. There was judgment for plaintiff, and defendant brings error.

Mandamus by George Thrall, administrator of the estate of Harrison H. Taylor, deceased, to compel Benjamin Guiney, Frank A. Altenbrandt, and Edward F. Marschner, board of assessors of the city of Detroit, to cancel an assessment of corporate stock. There was an order denying the writ, and relator brings certiorari. Affirmed. The plaintiff in certiorari, the relator below, is administrator of the estate of Harrison H. Taylor, deceased.

Mandamus by George W. Moore, State bank commissioner, to compel Joseph W. Donovan, circuit judge of Wayne county, to issue an order requiring the Union Trust Company, receiver of the City Savings Bank of Detroit, to turn over all money collected or received by it as such receiver, to the State treasurer.

<p>1. Appeal and Error — Record—Judgment.</p> <p>An objection to the review of a case on error because the record contains no judgment is not tenable where the return shows a judgment entry and the bill of exceptions as printed refers to a judgment.</p> <p>% Property — Ownership—Evidende—Suepioienoy.</p> <p>Testimony by plaintiff and her husband that she bought certain personal property of a corporation, giving the circumstances and consideration, together with a bill of sale by the corporation, the execution of which was proved, is sufficient prima facie to establish title in plaintiff, though record evidence of authority by the corporation to execute the bill of sale was offered and excluded.</p> <p>3. Same — Negative Testimony.</p> <p>Testimony of witnesses that they had never heard that plaintiff owned the property or of any bill of sale was merely negative and should have been excluded.</p>

Bill by Portage Grange, No. 16, Patrons of Husbandry against Portage Lodge, No. 340, Free and Accepted Masons, and others to restrain defendants from interfering with complainant’s lessee. From the decree rendered, complainant appeals.

Mandamus by the First National Bank of Traverse City to compel the township clerk of Union township to certify an amount to the board of supervisors for the purchase of a road machine. There was an order denying the writ, and relator brings certiorari.

Mandamus by Clarence R. Jones, administrator de bonis non of the estate of James A. Jones, deceased, to compel Henry A. Mandell, circuit judge of Wayne county, to vacate an order denying a motion to file an amended declaration.

<p>Contempt proceedings by Thomas L. Wilkinson against the Dunkley-Williams Company for violating an injunction.</p>

Assumpsit by Charles S. Withey against the Pere Marquette Eailroad Company for breach of contract of carriage. There was judgment for plaintiff, and defendant brings error.

Mandamus by Charles B. Hunt to compel George L., Yaple, circuit judge of Branch county, to dissolve an injunction and to vacate an order for maintenance pending divorce proceedings.

Bills by Sidney T. Miller, trustee, against Joseph R. McLaughlin, Robert J. McLaughlin, Collins B. Hubbard, Anna Georgina Hubbard, George Dingwall, and others, to foreclose certain mortgage securities and by the same complainant against Bryant Walker, trustee, Louise M. Jebb, and the Detroit Savings Bank to enforce a trust. The suits having been consolidated and a decree entered for complainant, defendants Hubbard and Dingwall appeal.

Bills by Sidney T. Miller, trustee, against Bryant Walker, trustee, Louise M. Jebb, and the Detroit Savings Bank to enforce a trust, and by the same complainant against Joseph R. McLaughlin, Robert J. McLaughlin, Collins B. Hubbard, Anna Georgina Hubbard, George Dingwall, and others to foreclose certain mortgage securities. The suits having been consolidated and a decree entered for complainant, defendants Walker and Jebb appeal.

Quo -warranto proceedings by Henry E. Chase, deputy attorney general, on the relation of John E. Burbank, against Frank A. Stryker to try the title to the office of drain commissioner of Berrien county.

Assumpsit by Robert Morton against Caleb Eaton for work and labor done and materials furnished. There was judgment for plaintiff, and defendant brings error.

Assumpsit by Eugene J. Ver Duyn against the Detroit & Saline Plank-Road Company for money had and received. There was judgment for plaintiff, and defendant brings error.

<p>1. Courts — Jurisdiction — Title to Land — Obstruction of Streets.</p> <p>Title to lands cannot be tried in a prosecution in the recorder’s court of the city of Detroit for obstructing a street.</p> <p>2. Same — Ousting Jurisdiction — Bona Fide Contention.</p> <p>In order to oust a court of jurisdiction of a prosecution for obstructing a street on the ground that it involves title to land, it is essential that there should be a bona fide contention either as to the existence of the street or the title of the land where the alleged obstructions are located.</p> <p>3. Dedication — Street—Acceptance.</p> <p>Where a plat dedicating a street is duly made and recorded and approved by the board of public works of the city, an acceptance is sufficiently shown by evidence that men em. ployed by the city plowed furrows on each side of the street, and then took the road scraper and scraped the dirt up to the center of the road, making it suitable for public travel.</p> <p>4. Courts — Jurisdiction—Title to Land — Good Faith in Contention.</p> <p>Where a street has been duly dedicated and accepted by the city by opening and working the same, and defendants have recognized the public character of the street by presenting a petition to the council asking for its vacation, defendants, when prosecuted for obstructing the street, cannot in good faith contend that the prosecution involves the title to lands, and thus oust the recorder’s court of jurisdiction.</p> <p>5. Municipal Corporations — Obstruction of Streets.</p> <p>The owners of lots on both sides of a street, which is a cul de sac and not used by the public, but only for such owners’ private purposes, may obstruct such street without liability to prosecution under a city ordinance prohibiting the obstruction of streets.</p>

Assumpsit by the Perkins Windmill Company against Thomas Kelly and James Mather, copartners as Kelly & Mather, for goods sold and delivered. There was judgment for plaintiff on a verdict directed by the court, and defendants bring error. Plaintiff brought suit in the recorder’s court of the city of Cadillac, a court which has the jurisdiction of a justice’s court. The parties appeared, filed pleadings, and the case was adjourned.

<p>Appeal from Berrien; Carr, J.</p> <p>Bill by John W. Beistle against James McConnell and Alvah P. Cady, William H. Andrews and George H. Murdoch, Jr., copartners as Cady, Andrews & Murdoch, for an accounting. Prom a decree for complainant, defendants appeal.</p>

Bill by Walter S. Parsons and others, heirs at law of the estate of Abby A. Parsons, deceased, against the city of Grand Rapids to restrain the collection of a tax for street improvements. Prom a decree 'dismissing the bill, complainants appeal.

Assumpsit by Thomas E. Cooper against the Phoenix Accident & Sick Benefit Association of Benton Harbor on a certificate of insurance. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Case by Nellie B. Douglass against William A. Paine and Charles H. Paine, copartners as Paine, Webber & Company, for the unlawful sale and conversion of certain shares of stock. There was judgment for plaintiff, and defendants bring error.

Assumpsit by William S. Daniels against Martin Crane for goods sold and delivered. There was judgment for plaintiff, and defendant brings error.

Bill by Julius Collat and Theodore Collat against Marietta Ives to restrain the forfeiture of a lease. From a decree dismissing the bill, complainants appealed, which appeal was dismissed for nonpayment of the register’s fee. On petition to reinstate the appeal under Act No. 15, Pub. Acts 1905.

Assumpsit by Terry Walton against Otis H. Ryan for breach of warranty in the sale of a horse. There was judgment for plaintiff, and defendant brings error.

, presiding. Trover by William B. Hall against the city of Kalamazoo and Ered Winslow, city treasurer. There was judgment for defendants, and plaintiff brings error. This is an action of trover between the same parties, involving the same property and the same issues, and based upon the same facts as those in Hall v. City of Kalamazoo, 131 Mich. 404. After the affirmance of that case, Mr. .Hall brought this action.

Petition by Augusta Ewing for the probate of a lost will, alleged to be the last will and testament of Archibald P. McIntyre, deceased, to which Delos McIntyre and others filed objections. The petition was denied in the probate court, and proponent appealed to the circuit court. There was judgment at the circuit for contestants on a verdict directed by the court, and proponent brings error.

Trespass quare clausum fregit, by John W. Neal against John Gilmore and others. There was judgment for defendants, and plaintiff brings error.

Assumpsit in justice’s court by the village of Wayne against Earl Goldsmith for the taxes of 1903. Plaintiff had judgment, and defendant removed the case to the circuit court by writ of certiorari. The judgment was affirmed at the circuit, and defendant brings error.

Assumpsit by the Day Leather Company against the Michigan Leather Company for goods sold and delivered. There was judgment for plaintiff, and defendant brings error.

Assumpsit by J. Avery Cummings against Eugene E. Baker for money had and received and for work and labor done. There was judgment for plaintiff, and defendant brings error.

Case by Maranda Hunter, administratrix of the estate of Bruce Hunter, deceased, against the village of Ithaca, for negligent injuries to her intestate, resulting in his death. There was judgment for plaintiff, and defendant brings error.

Bill by Charles Barkume and Mary Barkume against Phelps, Brace & Company to restrain an execution levy and sale. From a decree for complainants, defendant appeals.

Quo warranto proceedings by John E. Bird, attorney general, on the relation of Joseph L. Hooper, prosecuting attorney of Calhoun county, against Fred W. Loomis to try the title to the office of judge of the municipal court of Battle Creek.

Case by John Bodewig against the city of Port Huron for damages to certain property by reason of its use by defendant as a pesthouse. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. Plaintiff owned six houses on the south side of Bancroft street, in the city of Port Huron, which he leased for dwelling houses.

Trover by Thomas McCarthy against Rolla R. Payne, sheriff of Muskegon county. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Case by William Stark, Jr., by next friend, against the Muskegon Traction & Lighting Company for personal injuries. There was judgment for defendant on a verdict ■directed by the court, and plaintiff brings error. Two errors are assigned upon the record, both of which make the single point that it- was error for the court to •direct a verdict for defendant. The record contains the ■substance of all the testimony given upon the trial.

Bill by George R. Williams against Mary E. Olson and others to set aside certain notices of tax sales, and to restrain trespasses upon land. Prom an order overruling a demurrer to the bill, defendants appeal.

Assumpsit in justice’s court by the township of Homer against Hugh L. Smith, trustee of the Electric Oil Stove Company, for the taxes of 1900. Plaintiff had judgment and defendant appealed to the circuit court by writ of certiorari. There was judgment for defendant, and plaintiff brings error. This suit, an action of assumpsit, was begun in justice’s court in August, 1901, by the supervisor of Homer township, in the name of the township.

Certiorari by John E. Bird, attorney general, on the relation of Frank S. Gibson, to review the proceedings of the board of supervisors of Montcalm county with reference to the reconstruction of a county building.

Bill by tbe White Star Line against the Star Line of Steamers, the Darius Cole Transportation Company, and the Red Star Line for an accounting. From a decree dismissing the bill, complainant appeals.

Assumpsit by William S. Graham against the city of Grand Rapids for goods sold and delivered. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Assumpsit by Michael P. O’Brien, George A. Curry and Charles M. Humphrey against the Dunn Iron Mining Company on a contract for the sale of a mining lease. There was judgment for plaintiffs, and defendant brings error.

<p>Habeas corpus proceedings by Harry Duff to obtain his release from imprisonment in the Detroit house of correction.</p>

Bill by Ella L. Payment against Simon J. Murphy for a partition of certain real estate. Defendant filed an answer in the nature of a cross-bill to quiet title. Prom a decree dismissing the bill, and granting the prayer of the cross-bill, complainant appeals.

, presiding. Assumpsit by Peter B. Brazel against Thompson Smith’s Sons for royalties on a certain patent. There was judgment for plaintiff, and defendant brings error.

Petition by the city of Detroit for the separation of grades and the abolition of grade crossings over certain railroads, in which the O. H. Little Company was permitted to intervene and claim damages to a leasehold. There was judgment for petitioner on a verdict directed by the court, and claimant brings error.

Mandamus by William Culver to compel John R. Carr, circuit judge of Van Burén county, to set aside an order extending the time for settling a bill of exceptions.

Assumpsit by William Berlin against the Belle Isle Scenic Railway Company for breach of a contract to lease. There was judgment for plaintiff for less than the amount claimed, and he brings error.

<p>Error to.Kalamazoo; Adams, J.</p> <p>Trespass vi et armis by Alpheus G. Hetrick against William T. Crouch. There was judgment for defendant, and plaintiff brings error.</p>

Case by Hobart P. Sweet against the Detroit United Railway for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Submitted October 13, 1905. Bill by Daniel J. Speicher and Samuel J. Speicher against William G. Thompson and David C. Thompson to rescind a contract for fraud. From a decree for complainants, defendants appeal.

Assumpsit by the superintendents of the poor of Livingston county against the superintendents of the poor of Oakland county to recover an amount paid for the support of an indigent family. There was judgment for defendant, and plaintiff brings error.

Assumpsit by John W. Goodspeed against the United Shoe Machinery Company for money had and received. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Case made from Genesee; Wisner, J. Assumpsit by Chester L. Collins, receiver of the Michigan Manufacturers’ Mutual Fire-Insurance Company, against Frederick Welch for the amount of an assessment. There was judgment for defendant, and plaintiff appeals.

Assumpsit by William Hosie against William A. Hart, principal, and John A. Evitts and Lewis J. Tripp, sureties, on an appeal bond. There was judgment for plaintiff, and defendants bring error.

Bill by Edgar Bronk against the Standard Manufacturing Company and the city of Jackson to reform alease. Prom a decree for complainant, defendant Standard Manufacturing Company appeals.

Bill by Samuel Stuart and George N. Stuart against Louise S. Mattern, individually, and as administratrix of the estate of George E. Swain, deceased, Bertha A. Swain, and Florence A. Swain to enforce the specific-performance •of a land contract. From a decree for complainants, but dismissing the bill as to Louise S. Mattern individually, all parties appeal.

Mandamus by Charlie C. Rice, drain commissioner, to compel Montgomery Webster, probate judge of Ionia county, to appoint commissioners to determine the necessity of a certain drain. There was an order denying the writ, and relator brings certiorari.

Mandamus by Charles Albert and others to compel Orin E. Gibson, county drain commissioner, to act upon a petition for the establishing of a certain drain. From an order granting the writ, respondent brings certiorari.

Petition to the probate court by William H. Flynn against John E. Moloney, administrator of the estate of Thomas Lorimer, deceased, for an order for the payment of a claim allowed by the commissioners. The petition was granted and defendant appealed to the circuit court. There was judgment for claimant on a verdict directed by the court, and defendant brings error.