142 Mich.

Volume 142 — Michigan Reports

118 opinions

142 Mich. 1Smith & Cheney Co. v. Schmidt (1905)Reversed
Assumpsit by the Smith & Cheney Company against Frank J. Schmidt and William D. Parkins, copartners as the Harvard Hat Company, for goods sold and delivered. There was judgment for plaintiff against defendant Park-ins only, and plaintiff brings error. The defendants were copartners, under the name of the Harvard Hat Company. In April, 1903, Parkins bought out Schmidt, and continued the business under the same name.
142 Mich. 4Grand Rapids Electric Co. v. Walsh Manufacturing Co. (1905)Affirmed
Assumpsit by the Grand Rapids Electric Company against the Walsh Manufacturing Company for goods sold and delivered. There was judgment for plaintiff, and defendant brings error.
142 Mich. 12Auditor General v. Fleming (1905)Affirmed
A.ppeal from Muskegon; Russell, J. Petition by Perry F. Powers, auditor general, for the sale of land delinquent for taxes: On objections filed by R. Andrew Fleming. From a decree for petitioner, contestant appeals. The contestant and appellant was the owner of a mortgage covering the land involved in this controversy.
142 Mich. 17Page v. Battle Creek Pure Food Co. (1905)Affirmed
Case by Harvey H. Page against the Battle Creek Pure Food Company, Limited, for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff, an employé of the defendant, a man 67 years old and a mason by trade, was instructed to repair one of defendant’s ovens.
142 Mich. 21Swart v. Western Union Telegraph Co. (1905)Affirmed
Assumpsit by James H. Swart and William C. Swart, copartners as Swart Brothers, against the Western Union Telegraph Company for rent. There was judgment for plaintiff for less than the amount claimed, on a verdict directed by the court, and plaintiffs bring error.
142 Mich. 25Allworth v. Muskegon Traction & Lighting Co. (1905)Affirmed
Case by David Allworth against the Muskegon Traction & Lighting Company for personal injuries. There was judgment for defendant on a demurrer to the declaration, and plaintiff brings error.
142 Mich. 29Brunswick-Balke-Collender Co. v. Northern Assurance Co. (1905)Reversed
Assumpsit by the Brunswick-Balke-Collender Company against the Northern Assurance Company on a policy of insurance. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
142 Mich. 38Kobel v. City of Detroit (1905)Affirmed
Assumpsit by Rudolph Kobel against the city of Detroit for work and labor. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
142 Mich. 41Burkart v. Blaumann (1905)Reversed
Assumpsit in justice’s court by Anselm S. Burkart against Carl R. Blaumann upon a promissory note. There was judgment for plaintiff, and defendant appealed to the circuit court, where there was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
142 Mich. 45Schneider v. Township of Brown (1905)Reversed
Case by Casper Schneider against the township of Brown for damages to a mill pond caused by the maintenance of an embankment in a highway. There was judgment for plaintiff, and defendant brings error. A highway has existed on the section line between sections 9 and 16 in defendant township since the year 1869. There is no record evidence of its establishment. There is testimony in the record to the effect: “ When I first went out there to live, the highway was not laid out.
142 Mich. 56Hamilton v. Detroit, Grand Haven & Milwaukee Railway Co. (1905)Affirmed
Case by Frederick Hamilton, by next friend, against the Detroit, Grand Haven & Milwaukee Railway Company and the Chicago & Grand Trunk Railway Company for personal injuries. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error.
142 Mich. 58Breen v. Kehoe (1905)Affirmed
Annie Breen petitioned for the probate of the last will and testament of James Breen, deceased, and objected to the appointment of John J. Kehoe and David Lynn as executors. There was an order allowing the will and appointing said parties executors, and petitioner appealed to the circuit court. There was judgment sustaining the order of the probate court on a verdict directed by the court, and petitioner brings error.
142 Mich. 63Pinch v. Morford (1905)Affirmed
Assumpsit in justice’s court by Benjamin W. Pinch .against Aylmer D. Morford for commissions on the sale of certain real estate. Plaintiff recovered judgment, and defendant appealed to the circuit court. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
142 Mich. 70Robinson v. Branch Circuit Judge (1905)
Mandamus by Tom F. Robinson to compel George L. Yaple, circuit judge of Branch county, to set aside an order denying a motion to quash capias ad respondendum proceedings.
142 Mich. 78Traverse Beach Ass'n v. Township of Elmwood (1905)Affirmed
Assumpsit by the Traverse Beach Association against ■the township of Elmwood for taxes paid under protest. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
142 Mich. 80Armstrong v. Rorick (1905)Reversed
Assumpsit by Edwin E. Armstrong, Henry I. Armstrong, and Burke M. Graham, copartners as Armstrong & Graham, against Leroy W. Rorick for goods sold and delivered. There was judgment for defendant, and plaintiffs bring error.
142 Mich. 83Davison v. Valin (1905)Dismissed
142 Mich. 84Delaney Forge & Iron Co. v. Winnebago (1905)Affirmed
Proceedings by the Delaney Forge & Iron Company to enforce a lien under the water-craft law against the steamer Winnebago. The Iroquois Transportation Company, as principal, and the United States Fidelity & Guaranty Company, as surety, gave the statutory bond for the release of the vessel. George W. Edwards and. others intervened, claiming a similar lien. From a decree for complainant and interveners, defendants appeal.
142 Mich. 93Hunt v. Wayne Circuit Judges (1905)
Mandamus by Ormond F. Hunt, prosecuting attorney of Wayne county, to compel Flavius L. Brooke, Henry A. Mandell, Morse Rohnert, George S. Hosmer, and Joseph W. Donovan, circuit judges of Wayne county, to vacate an order denying a petition to establish a juvenile court under Act No. 312, Pub. Acts 1905.
142 Mich. 120Hooper v. McKenzie (1905)Affirmed
Mandamus by Joseph L. Hooper, prosecuting attorney of Calhoun county, to compel Charles F. McKenzie, circuit court commissioner, to hear a petition under Act No. 312, Pub. Acts 1905. There was an order denying the writ, and relator brings certiorari.
142 Mich. 122Bullock v. Auditor General (1905)Reyersed, and petition dismissed
Petition, by Mary R. Bullock and B. Ellis Bullock against James B. Bradley, auditor general, and Archie T. Miller to set aside a sale of land for taxes. From the decree rendered, petitioners and respondent Miller appeal..
142 Mich. 127Walsh v. Taitt (1905)Reversed
1. Fraud — Evidence—Chattel Mortgage. A chattel mortgage on a stock of goods belonging to a partnership seemed, besides the mortgagee’s claim, the claim of a milling company which had, been assigned to the mortgagee. Defendant, one of the partners, claimed that the mortgage was secured from his partner fraudulently, without his knowledge, and was a part of the mortgagee’s scheme to drive him out of business. Held, that evidence that the partnership had a valid defense to the milling company’s claim, consisting of a breach of a valuable contract due to the mortgagee’s interference, and that the assignment was made for the purpose of defeating that claim, was admissible on the issue of fraud. 3. Same. It being shown that the mortgagee had agreed to carry the mortgagor’s indebtedness if reduced to a certain amount within a certain time, and that the stipulated reduction had been nearly accomplished, evidence that, if the mortgage had not been taken and immediately foreclosed, the agreed amount would have been paid, was admissible. 3. Same — Trial—Instructions. Where fraud is relied upon as a defense to a chattel mortgage, defendant is entitled to have his theory of the case, including the facts and circumstances in evidence, which he claims, constitute the fraud, specifically submitted to the jury; a general charge referring to the arguments for the constituent elements of fraud is not sufficient. 4. Same. An instruction that fraud must be proved by “ clear” and satisfactory evidence requires too high a degree of proof.
142 Mich. 133Schmelzer v. Bartlett Illuminating Co. (1905)
Bill by John Schmelzer against the Bartlett Illuminating Company and the Saginaw Yalley Traction Company to abate a nuisance. From an order granting the prayer of the bill, defendants appeal: On motion to dismiss.
142 Mich. 137Township of North Allis v. Township of Allis (1905)Affirmed
Bill by the township of North Allis against the township of Allis for the cancellation of certain promissory notes. From an order overruling a demurrer, defendant appeals.
142 Mich. 140Hendershott v. City of Grand Rapids (1905)Reversed
Case by Henry 0. Hendershott against the city of Grand Rapids for personal injuries. There was judgment for plaintiff, and defendant brings error.
142 Mich. 143Keyser v. Lake Shore & Michigan Southern Railway Co. (1905)Reversed
Case by Sarah Keyser against the Lake Shore & Michigan Southern Railway Company to recover damages for the use of a street in front of plaintiff’s premises. There was judgment for plaintiff, and defendant brings error.
142 Mich. 148Tuttle v. Bristol (1905)Reversed, and bill dismissed
, presiding. Bill by George Tuttle against Bethel Bristol and William H. Bockes to establish an interest in certain land, and for an accounting. From a decree for complainant, •defendants appeal.
142 Mich. 158Bialy v. Krause (1905)Affirmed
Assumpsit by Robert 0. Bialy against Ernest Krause for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. Plaintiff is a dealer in hardware and agricultural implements in Bay City; defendant, a farmer, living a few miles distant. Plaintiff had an agent named Laetz, who went among the farmers soliciting orders, among whom was the defendant.
142 Mich. 162Walker v. Western Underwriters' Ass'n (1905)Reversed
Assumpsit by Edward R. Walker against the Western Underwriters’ Association on a policy of insurance. There was judgment for plaintiff, and defendant brings error.
142 Mich. 174Jaquith v. Benzie Circuit Judge (1905)
Mandamus by Sampson P. Jaquith to compel Clyde 0. Chittenden, circuit judge of Benzie county, to vacate an order dismissing an appeal.
142 Mich. 177Bass v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. (1905)Affirmed
Case by Edward Bass against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company for personal injuries. There was judgment for plaintiff, and defendant brings error.
142 Mich. 185Otto v. Braman (1905)Reversed
Assumpsit by William B. Otto and Albert B. Holbert, copartners as W. B. Otto & Company, against John W. Braman upon a promissory note. There was judgment for defendant, and plaintiffs bring error.
142 Mich. 194Lingle v. Township of Elmwood (1905)Reversed
Assumpsit by Samuel B. Lingle against the township of Elmwood for taxes paid under protest. There was judgment for defendant on a verdict directed by the court, •and plaintiff brings error.
142 Mich. 202Bankman v. Pere Marquette Railroad (1905)Affirmed
Case by Gustave Bankman and Edward Bankman against the Pere Marquette Railroad Company for the negligent killing of plaintiffs’ horse. There was judgment for plaintiffs, and defendant brings error.
142 Mich. 204Presthus v. Gogebic Circuit Judge (1905)
Mandamus by John Presthus to compel Norman W. Haire, circuit judge of Gogebic county, to grant a motion to enter a judgment by default.
142 Mich. 206Bewick v. Hanika (1905)Reversed, and •decree entered for complainant
Bill by Charles Bewick against Frank Hanika and Josephine Hanika to set aside a building contract, and to restrain prosecution of a suit at law. From a decree dismissing the bill, complainant appeals. Complainant was the owner of several platted lots in the city of Detroit. Defendants, who are husband and wife, desired to purchase a lot on which to erect a dwelling house as their home. Defendants did not have money to complete the house.
142 Mich. 210Tucker v. Van Winkle (1905)Affirmed
Appeal from Schoolcraft; Steere, J. Petition by Edgar H. Tucker against Lewis Van Winkle, Charles Montague, and William Bonifas for a writ of assistance. From a decree for defendants, petitioner appeals.
142 Mich. 212People v. Wheeler (1905)Affirmed
Exceptions before judgment from Hillsdale; Chester, J. May Wheeler was convicted of keeping a house of ill fame.
142 Mich. 219People v. Camp (1905)Affirmed
Drunkards — Drunkenness—Criminal Offense. A person, intoxicated when walking on a public street to land adjacent thereto, where he is arrested before complaint made, is properly convicted of a violation of the statute (§ 11736, 3 Comp. Laws), punishing intoxicated persons when on the public streets, etc.
142 Mich. 221People v. Scofield (1905)Reversed, and new trial ordered
Error and certiorari to Lenawee; Chester, J. Harry Scofield was convicted of robbery, and sentenced to imprisonment for not less than ten nor more than fifteen years in the branch of the State prison at Marquette.
142 Mich. 225People v. Powler (1905)Reversed, and a new trial ordered
Error and certiorari to Lenawee; Chester, J. Ernie Powler was convicted of robbery and sentenced to imprisonment for not less than ten and not more than fifteen years in the State prison at Jackson.
142 Mich. 226McWilliams v. Lenawee Circuit Judge (1905)
1. Divorce — Bill—Requisites—Statutes. The statute (§ 8625, 3 Comp. Laws) providing that' the oath of complainant in swearing to a bill for divorce shall recite that the complainant swears there is no collusion, understanding, or agreement between the parties in relation to the application, is mandatory. 2. Same — Default—Vacation—Chancery Rule. Where a bill for divorce contained no affidavit that there was no collusion between the parties, as required by section 8625, 3 Comp. Laws, a default entered on nonappearance of the defendant was not “regularly entered,” under Chancery Rule 7 d, and was therefore subject to vacation after six months notwithstanding the rule.
142 Mich. 230Hayward v. O'Connor (1905)
Petition by Zachariah Hayward against William O’Con-nor, trustee, and James B. Bradley, auditor general, to set aside a tax deed: On motion of defendant O’Connor to dismiss an appeal from a decree dismissing the petition.
142 Mich. 232New York Life-Insurance v. Preston (1905)Affirmed by a divided court
Bill, of interpleader by the New York Life-Insurance Company against Marvin Preston and Alanson S. Brooks, administrator of the estate of George A. Sheley, deceased, to determine the rights to the proceeds of an insurance policy on the life of said decedent. From a decree granting insufficient relief to defendant Preston, he appeals.
142 Mich. 245Marvin v. Bowlby (1905)Reversed, and bill dismissed
Bill by Thomas Marvin, administrator of the estate of Jacob Bowlby, deceased, against Elmer E. Bowlby, Carrie Bowlby, and Almond G. Shepard to set aside certain mortgages. From an order overruling demurrers to the bill, defendants appeal.
142 Mich. 257Pontiac, Oxford & Northern Railroad v. Oakland Circuit Judge (1905)
Mandamus — Propriety—Remedy by Appeal. Mandamus will not lie to compel the vacation of an order appointing a receiver of a railroad corporation, since there is an adequate remedy by appeal from the order. „
142 Mich. 258Sweezy v. Fisher (1905)Reversed
1. Husband and Wife — Torts of Wife — Liability of Husband —Evidence. In an action against a husband and wife for the wife’s 'tort, evidence examined, and held, insufficient to show that the husband participated in his wife’s act, and was therefore liable because of the marital relation, or because he did not prevent her by force from committing the wrong. 2. Trial — Misconduct of Counsel. Where, in an action for injuries to plaintiff because of holes tortiously dug in a highway by defendant’s wife, there was no evidence that defendant participated in or knew of the tort until some two weeks after it was committed, it was improper for plaintiff’s counsel to argue to the jury that defendant might have gone up to the road in the dead of the night and dug the hole, and then had his wife go there the next day , and stay for a short period of time, etc., and charged the digging to her. Hooker, J., dissenting.
142 Mich. 264Wiethoff v. Shedden Cartage Co. (1905)Reversed
Case by Anthony B. Wiethoff against the Shedden Cartage Company, Limited, and the American Radiator Company for personal injuries. There was judgment for plaintiff against the Shedden Cartage Company, and it brings error.
142 Mich. 265O'Dea v. Michigan Central Railroad (1905)Reversed
Casé by Margaret O’Dea against the Michigan Central Railroad Company for personal injuries. There was judgment for plaintiff, and defendant brings error.
142 Mich. 272Preston National Bank v. Wayne Circuit Judge (1905)
1. Y enue — Change—Affidavit—Sufficiency. An affidavit for change of venue on the ground of local prejudice is sufficient if it follows the language of the statute, and entitles the moving party to a change (§ 10, subd. 3, Act No. 309, Pub. Acts 1905). 2. Same — Constitutional Law. The statute as so construed is constitutional. 3. Statutes — Construction — Statute Adopted from Other State. The adoption of a statute- of a sister State is presumed to have been with reference to the previous construction given to such statute by the courts of such State, and before this rule will be discarded the court must find some more potent reason than its own conviction of the unwisdom of such legislation as construed by the courts of such State.
142 Mich. 275Arnold v. Harris (1905)Reversed
Assumpsit by Lewis M. Arnold, trustee in bankruptcy of Morris Harris, against Saul Harris, Benjamin Harris, Joseph Zechman, and George Clark, copartners as Harris Bros. & Co., and the National Mortgage Loan Company, for money had and received. There was judgment for defendants, and plaintiff brings error. Plaintiff, as assignee in bankruptcy of Morris Harris, brought this suit to recover assets claimed to be in the possession of defendants and belonging to the bankrupt.
142 Mich. 279Morris v. Anderson (1905)Reversed
Mortgages — Accounting—Payments— Evidence — Sufficiency. On a bill against a mortgagee for an accounting as to transactions between himself and the deceased mortgagor, evidence examined, and held, to support a finding that the amount of a certain mortgage was not included in and discharged by a subsequent mortgage, and to be insufficient to support a finding that certain payments were made by the mortgagor to the mortgagee.
142 Mich. 284Sterling v. Union Carbide Co. (1905)Affirmed
• Error to Chippewa; Steere, J. Case by Charles A. Sterling, by next friend, against the Union Carbide Company for personal injuries. There . was judgment for plaintiff, and defendant brings error.
142 Mich. 289Heineman v. Gans (1905)Affirmed
Assumpsit by Eanny Heineman and others.against Leo Gans for breach of an agreement to vacate certain premises. There was judgment for plaintiffs, and defendant brings error.
142 Mich. 292Hicks v. Steel (1905)Affirmed
Assumpsit by John C. Hicks against George A. Steel to recover damages for fraud and deceit. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
142 Mich. 297Traverse Beach Ass'n v. Township of Elmwood (1905)Affirmed
Assumpsit by the Traverse Beach Association against the township of Elmwood for taxes paid under protest. There was judgment for defendant, and plaintiff brings error.
142 Mich. 299In re Emmons' Estate (1905)Reversed, and petition dismissed
William Gaskill, administrator de bonis non of the estate of B. Ridgeway Emmons, deceased, filed a petition for the sale of certain real estate for the payment of claims allowed against said estate. The petition was granted, and Henry B. Lippincott appealed to the circuit court. There was judgment affirming the order of the probate court, and contestant brings error'.
142 Mich. 313Kibby v. Michigan Central Railroad (1905)Affirmed
Assumpsit by Myron T. Kibby against the Michigan Central Eailroad Company for breach of a contract to transport certain potatoes. There was judgment for plaintiff, and defendant brings error.
142 Mich. 316Denler v. Denler (1905)Affirmed
Assumpsit by Catherine Denier against John Denier for breach of a contract for support. There was judgment for plaintiff, and defendant brings error.
142 Mich. 319Thomas v. Board of Supervisors (1905)Affirmed
Mandamus by Frank A. Thomas to compel the board of supervisors of Ingham county to audit and allow a claim for medical services in a case of contagious disease. There was an order granting the writ, and respondent brings certiorari.
142 Mich. 322Walhier v. Weber (1905)Reversed
Assumpsit by John Walhier against William E. Weber and Emma Kahn, copartners as the National Brewing Company, for money had and received. There was judgment for plaintiff, and defendants bring error.
142 Mich. 326Detroit & Birmingham Plank-Road Co. v. Village of Highland Park (1905)Affirmed
Mandamus by the Detroit & Birmingham Plank-Road Company to compel the village of Highland Park to levy special assessments to pay certain warrants. There was an order denying the writ, and relator brings .certiorari.
142 Mich. 331Karrer v. City of Detroit (1905)Reversed
Case by Edmund L. Karrer against the city of Detroit for personal injuries. There was judgment for plaintiff; and defendant brings error.
142 Mich. 340Goga v. American Car & Foundry Co. (1905)Affirmed
Case by Stephen Goga against the American Oar & Foundry Company for personal injuries. There was judgment for defendant notwithstanding a verdict for plaintiff, and plaintiff brings error. Plaintiff was employed by the defendant as operator bf a large machine known as “ Shear No. 4,” used for the purpose of cutting steel plates. The machine consisted of a steel table 12 feet long by 12 or 14 inches wide, standing about 3 feet above the floor.
142 Mich. 347Beach v. Kent (1905)
Mandamus by Emmet L. Beach, circuit judge of Saginaw county, against Fred W. Kent, county treasurer, and others, to compel the execution, delivery, and payment of a certain county order.
142 Mich. 357Benson v. Raymond (1905)Affirmed
Bill by C. L. Benson, administrator of the estate of Albert Hinkley, deceased, and others, against Tensey Raymond and John Bailey to set aside a deed. From a decree for complainants, defendants appeal.
142 Mich. 366Edward Hines Lumber Co. v. Township of Wells (1905)Reversed, and judgment entered for defendant
Taxation — Personal Property — Ownership—Sales. Where, pursuant to a contract of sale of lumber to be delivered on dock, the lumber is piled on docks ready for shipment, its amount and quality estimated by the parties, it is marked as the purchaser’s property, 90 per cent, of the estimated purchase price is paid and the insurance policies assigned, the lumber is the property of the purchaser and properly assessable to him for taxation.
142 Mich. 370Jocque v. McRae (1905)Affirmed
Assumpsit by Henry Jocque against Peter McRae upon a certain check. There was judgment for plaintiff, and defendant brings error.
142 Mich. 373Flynn v. Holmes (1905)
Bill by Lawrence Flynn against Andrew J. Holmes to set aside an execution levy and sale. From an order overruling a demurrer to defendant’s cross-bill, complainant appeals: On motion to dismiss.
142 Mich. 375Storrs v. Grand Trunk Western Railway Co. (1905)Reversed
Case by William Storrs against the Grand Trunk Western Railway Company for personal injuries. There was judgment for plaintiff, and defendant brings error.
142 Mich. 382Davis v. Michigan Central Railroad (1905)Reversed
Case by Noble Davis, administrator of the estate of Harry E. Davis, deceased, against the Michigan Central Railroad 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. Defendant’s road runs northwesterly and southeasterly through the city of West Bay City. The streets of said city run north and south and east and west.
142 Mich. 387Trabbic v. Trabbic (1905)Affirmed
Bill by Victoria Trabbic against Flaget Trabbic to set aside the transfer of a mortgage. From a decree dismissing the bill, complainant appeals. Complainant and Peter Trabbic were married April 9, 1882. He was then a widower with nine children. He died June 11, 1903. Complainant at the time of her husband’s death was about 62 years old. He had no issue by his second marriage.
142 Mich. 391Davis v. McMillan (1905)Reversed
Case by Mark George Davis against Neil McMillan and Michael McMillan for malicious prosecution. There was judgment for plaintiff, and defendants bring error.
142 Mich. 404Ness v. City of Escanaba (1905)Affirmed
Case by Christina Ness against the city of Escanaba for personal injuries. There was judgment for plaintiff, and defendant brings error.
142 Mich. 407Casterton v. American Blower Co. (1905)Reversed
Case by Arthur Casterton against the American Blower Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
142 Mich. 413Smith v. Smith (1905)Affirmed
, presiding. Bill by Mary A. Smith against C. Newton Smith, Charles N. Smith, and Oleo A. Smith for a divorce and to set aside certain deeds. There was a decree for complainant : On petition of defendants for leave to file a bill of review. From an order denying the petition, defendants appeal.
142 Mich. 417Burr's Damascus Tool Works v. Peninsular Tool Manufacturing Co. (1905)Affirmed
Case by Burr’s Damascus Tool Works against the Peninsular Tool Manufacturing Company and others for libel. There was judgment for plaintiff, and defendants bring error.
142 Mich. 422Wierman v. Bay City-Michigan Sugar Co. (1905)Reversed
Assumpsit by Frank Wierman against the Bay City-Michigan Sugar Company for work and labor done and for rent. There was judgment for plaintiff, and defendant brings error.
142 Mich. 441Sparrow v. E. Bement & Sons (1905)Modified
, presiding. Bill by Edward W. Sparrow against E. Bement & Sons and E. Bement’s Sons to set aside a transfer of corporate assets. Prom a decree for complainant, defendants appeal.
142 Mich. 459Mayer v. Detroit, Ypsilanti, Ann Arbor & Jackson Railway (1905)Reversed
Case by Albert E. Mayer against the Detroit, Ypsilanti, Ann Arbor & Jackson Railway for personal injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff, while in defendant’s employ as motorman, on January 7, 1902, was very seriously injured. The defendant was found guilty of negligence, and a substantial verdict recovered.
142 Mich. 471Julius Kessler & Co. v. Veio (1905)Reversed
Assumpsit by Julius Kessler & Company against Joseph Veio and Fred Veio, copartners as Veio Bros., for goods sold and delivered. There was judgment for plaintiff on a verdict directed by the court for less than the amount claimed, and it brings error. Plaintiff is an Illinois corporation, with its headquarters in Chicago. It owns United States bonded distillery warehouses at several points in Kentucky. Defendants are retail liquor dealers in Cheboygan, Mich.
142 Mich. 477King v. Harrigan (1905)
Garnishment proceedings by Robert King against James Harrigan as garnishee defendant of Richard Burden. Plaintiff recovered judgment, and defendant brings error: On motion to dismiss.
142 Mich. 479Recor v. Commercial & Savings Bank (1905)Reversed
Clair; Tappan, J. Garnishment proceedings by Edward C. Recor against the Commercial & Savings Bank of St. Clair as garnishee defendant of Arabella Recor. There was judgment quashing the writ, and plaintiff brings error.
142 Mich. 484Board of Education v. Andrews (1905)Affirmed
Assumpsit by the board of education of Detroit against Henry B. Andrews, principal, and Cullen Brown and others, sureties, on a bond. There was judgment for plaintiff, and defendant Brown brings error.
142 Mich. 488Gordon Hollow Blast Grate Co. v. Gordon (1905)Modified and affirmed
Bill by the Gordon Hollow Blast Grate Company against Elonso J. Gordon and others to restrain unfair competition. From a decree for complainant, defendants appeal.
142 Mich. 491In re Stanton's Estate (1905)Affirmed
Stephen E. Stanton, executor of the last will and testament of Mary B. Stanton, deceased, appealed to the circuit court from an order of the probate court determining the amount of an inheritance tax. There was a judgment sustaining the tax in part, and the executor brings error.
142 Mich. 497Baker v. Pere Marquette Railroad (1905)Reversed
Submitted November 10, 1905. Scire facias proceedings by Oscar W. Baker against the Pere Marquette Railroad Company to enforce a judgment. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.
142 Mich. 501Ayres v. Short (1905)Affirmed
Bill by John B. Ayres against Homer E. Short, individually and as administrator of the estate of Riley Short, deceased, and others to compel the specific performance of a land contract. From a decree for complainant, defendants appeal.
142 Mich. 504Durfee v. Risch (1905)Reversed
Case made from Livingston; Smith, J. Edith Durfee presented for probate the last will and testament of Anna B. Risch, deceased. The will was disallowed in the probate court, and proponent appealed to the circuit court. There was judgment for proponent on a verdict directed by the court, and contestant appeals.
142 Mich. 508Wright v. Crane (1905)Reversed
Case by Blanche Wright against Martin Crane for personal injuries. There was judgment for plaintiff, and defendant brings error.
142 Mich. 511Geer v. Michigan Central Railroad (1905)Reversed
Debt by Florence Geer against the Michigan Central Railroad Company for failure to transport, under 2 Comp. Laws, § 6235. There was judgment for plaintiff, and defendant brings error.
142 Mich. 515Jordan v. Thorp (1905)Reversed
Trespass quare clausum fregit by Andrew Jordan against William H. Thorp. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
142 Mich. 518Godde v. Marvin (1905)Reversed, and decree entered for complainants
Bill by George F. Godde, administrator of the estate of Richard D. Gregory, deceased; and others against Henry M. Martin and another to vacate a judgment. From a decree dismissing the bill, complainants appeal.
142 Mich. 521Pinch v. Hotaling (1905)Affirmed
Assumpsit by Benjamin W. Pinch against George W. Hotaling and Thomas H. Fitzgerald to recover money obtained by fraud and deceit. There was judgment for plaintiff for less than the amount claimed, and he brings error.
142 Mich. 527People v. Dieterich (1905)Affirmed
'Intoxicating ’Liquors — Offenses—Information—Selling without License — Variance. On a prosecution for engaging in the business of selling intoxicating liquors without having paid the tax, the people are not limited to the precise date laid in the information.
142 Mich. 528People v. Fox (1905)Reversed
Exceptions before judgment from Ottawa; Padgbam, J. John Fox was convicted of carrying into a jail a weapon adapted to aid a prisoner in escaping.
142 Mich. 531People v. Hoffmann (1905)Affirmed
John T. Hoffmann was convicted of obtaining money by false pretenses and sentenced to imprisonment for not less than four years in the State prison at Jackson. Held: two further statements were procured, either by the respondent or the clerk, Hinchman, and placed in the files. Those statements, which were procured at Emergency Hospital, read as follows: House physician at Emergency Hospital: “Did not know Mrs. Summers, deceased, before she was brought to the hospital.
142 Mich. 586Dodson v. Dodson (1905)Reversed
James E. Dodson and others presented for probate the last will and testament of Philip Dodson, deceased, and also petitioned to admit to probate two deeds executed but not. delivered by decedent. The will and deeds were admitted, to probate, and Harmon B. Dodson and George D. Dodson, sons of deceased, appealed to the circuit court. There was judgment for contestants, and proponents bring error.
142 Mich. 589Roberts v. Sanitas Nut Food Co. (1905)Affirmed
Master and Servant — Injuries to Servant — Elevators—Contributory Negligence. A servant cannot recover for injury to her foot, caused by its being crushed by the floor of a descending elevator while she stood waiting for the elevator with her foot unnecessarily projecting into the elevator shaft.
142 Mich. 593McNeal v. Van Duser (1905)Affirmed
Case by James W. McNeal against John Van Duser for assault and battery. Suit was begun by capias. There was an order exonerating defendant’s bail on surrender of defendant, to review which plaintiff brings certiorari.
142 Mich. 597People v. Lassen (1906)Affirmed
1. Fish — Statutes—Construction—Limitation by Title. Act No. 88, Pub. Acts 1899, is not, by reason of its title, which is “An act to amend *' * * ‘An act to regulate the catching of fish in the waters of this State,’ ” limited in its scope to fish caught in the waters of the State, but inhibits the possession of any fish of the prohibited size, regardless of where caught. 2. Commerce — State Regulation — Fish Laws. Act No. 88, Pub. Acts 1899, prohibiting possession of certain fish, is not, though construed to apply to fish lawfully caught in foreign waters, repugnant to the commerce clause of the Federal Constitution (art. 1,. § 8). Ostrander, J., dissenting.
142 Mich. 605Murray v. Fales (1906)Affirmed
Bill by Dennis Murray, individually, and as trustee of Charles M. Beckwith, against James W. Fales and the Keeley Institute Company of West Michigan, to restrain the collection of royalties. From a decree for complainant, defendant Fales appeals.
142 Mich. 615Dawson v. Falls City Boat Club (1906)Reversed
1. Adverse Possession — Instructions. In an action of ejectment for a strip of land along the boundary between two parcels, title to which is claimed by defendant by adverse possession, an instruction that if, after defendant moved on the premises, he caused the fence that was then existing between the parcels to be moved still farther towards plaintiff’s land, his claim of possession would be a shifting one, and not distinct, and he could not maintain his claim of adverse possession as to “that property,” held, not sufficiently specific. 2. Same — Evidence. Where plaintiff in ejectment in effect admits that, unless a certain agreement is found to have been made, she is not en-, titled to recover all the land described in her declaration, but claims that, in any event, there is still a strip of the land which she is entitled to recover, she must point out the par- . ticular portion claimed by her.
142 Mich. 620South Grand Rapids Improvement Co. v. Michigan Central Railroad (1906)Affirmed
Error to Kent; Wolcott, J. Ejectment by the South Grand Rapids Improvement Company against the Michigan Central Railroad Company. There was judgment for plaintiff, and defendant brings error.
142 Mich. 622People v. Brown (1906)Reversed
Ela Brown was convicted of statutory rape, and sentenced to imprisonment for two years in the branch of the •State prison at Marquette.
142 Mich. 628Metheany v. Kent Circuit Judge (1906)
Mandamus by Richard R. Metheany to compel Willis B. Perkins, circuit judge of Kent county, to set aside an order requiring relator to show cause why he should not be punished for contempt. In February, 1904, the Union City Lumber Company secured a judgment against the Traverse City, Leelanau. & Manistique Railroad Company upon cognovit. Execution was issued and returned nulla bona.
142 Mich. 631Wilson v. Godkin (1906)Affirmed
Error to Bay; Shepard, J, Assumpsit by Ira Wilson against John Godkin for work and labor. There was judgment for plaintiff, and defendant brings error.
142 Mich. 633Biensteadt v. Clinton Circuit Judge (1906)
Mandamus by John C. Biensteadt to compel George P. Stone, circuit judge of Clinton county, to vacate an order setting aside a judgment entered on default.
142 Mich. 634Ross v. Guentherodt (1906)Reversed
Landlord and Tenant — Adverse Possession — Possession by Tenant. Where a tenant builds on leased land a house which partially extends onto other land of the lessor, adverse possession will not commence to run against the lessor until the date of a deed by the lessor to the lessee of that portion of the premises leased.
142 Mich. 637Smith v. Hubbell (1906)Reversed
Case by Herbert W. Smith against Albion W. Hub-bell for libel. There was judgment for plaintiff, and defendant hirings error.
142 Mich. 652Toney v. Knapp (1906)Affirmed
Trespass quare clausum fregit by George Toney against Ered Knapp. There was judgment for defendant, and plaintiff brings error. Held: and grubbed out the so-called right of way and raised crops on it, and was in such peaceable possession as aforesaid, from 1895 till the time of the alleged trespass in the spring of 1903, when defendant tore down the fence running east and west on the south line of plaintiff’s land, inclosing said right of way with his lands. “In…
142 Mich. 666Supreme Lodge Order of Mutual Protection v. Dewey (1906)Affirmed
Bill of interpleader by the Supreme Lodge, Order of Mutual Protection, against Theodore B. Dewey and Joseph W. Ducheney to determine title to the proceeds of a benefit certificate. From a decree for defendant Ducheney, Melvin J. Nevins, administrator of the estate of defendant Dewey, deceased, appeals.
142 Mich. 674Wilkinson v. Hutzel (1906)Affirmed
Bill by Emma O. Wilkinson against Charles J. Hutzel, Matilda A. Hutzel, and William Copeland 'to restrain an encroachment upon a right of way. From a decree dismissing the bill, complainant appeals.
142 Mich. 677Murphy v. Grand Rapids Veneer Works (1906)Reversed
Case by Maggie Murphy against the Grand Rapids Yeneer Works for the negligent killing of plaintiff’s intestate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
142 Mich. 683Gadd v. City of Detroit (1906)Affirmed
Assumpsit by Charles A. Gadd against the city of Detroit for work and labor. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.
142 Mich. 687Baker v. City of Grand Rapids (1906)Affirmed
Bill by Eugene E. Baker against the city of Grand .Rapids to restrain the maintenance of a municipal coal yard. From a decree dismissing the bill, complainant appeals.
142 Mich. 692Crowe v. Michigan Central Railroad (1906)Reversed
Case by Fred Crowe against the Michigan Central Railroad Company for personal injuries. There was judgment for plaintiff, and defendant brings error. Plaintiff, a traveling salesman, alighted from the smoking car of the defendant at Owosso at 8 o’clock a. m. October 24, 1903. He had a dress suit case in one hand, an umbrella and package in the other, and was smoking a cigar.
142 Mich. 698Illinois Roofing & Supply Co. v. Aerial Advertising Co. (1906)Affirmed
; Coolidge, J. Assumpsit by the Illinois Roofing & Supply Company against the Aerial Advertising Company, Clinton G. Cribbs, and George R. Dater for goods sold and delivered. There was judgment for plaintiff on a verdict directed by the court, and defendants bring error.