Volume 148 — Michigan Reports

Cross-appeals from Ingham; Wiest, J. Bill by Charles H. Chase against Horace B. Angelí and Clara E. Angelí for the dissolution of a partnership and for an accounting. From the decree rendered, both parties appeal.

<p>Mandamus by Frank E. Robson to compel William H. Rose, commissioner of the State Land office, to issue a patent for certain swamp lands.</p>

Error .to Saginaw; Snow, J. Case by Thomas Nicolas lamurri, by next friend, against the Saginaw City Gas Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Bill by John E. Bird, attorney general, on the relation of Wilbur Brotherton, against the common council of the city of Detroit, Jacob J'. Haarer, commissioner of public works, Francis A. Blades, city controller, and William B. Thompson, city treasurer, to enjoin the construction of street-railway tracks. From a decree for complainant, defendants appeal.

William A. Ryno was convicted of an assault with intent to commit the crime of rape, and sentenced to imprisonment for not less than one year in the State prison at Jackson.

), J. Ejectment by Fred L. Adams against the First Baptist Church of St. Charles and others. There was judgment for defendants, and plaintiff brings error.

<p>Mandamus by Russell M. Chase, prosecuting attorney, to compel L. Burgett Des Voignes, circuit judge of Van Burén county, to vacate an order quashing an information.</p>

Case by the Michgan Central Railroad Company against the State of Michigan to recover damages for the repeal of plaintiff’s charter. There was an order overruling a demurrer to the declaration, and defendant brings certiorari.

Russell B. Pruden presented a claim against the estate of Polly Collar, deceased. The claim was allowed by the commissioners, and Irving M. Clark, administrator, appealed to the circuit court. There was an order dismissing the appeal, and contestant brings error.

Case by Anthony Burtram, Jr., by next friend, against the Michigan Central Railroad Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

<p>1. Embezzlement — Elements—Statutory Provisions — Information— Sufficiency.</p> <p>Section 11562, 3 Comp. Laws, creates two species of larceny, one which may be committed by the acts described by the word “embezzle,” and another which may be committed by the acts described by “fraudulently convert to his own use;” and an information which charges that respondent, a bank cashier, “did feloniously embezzle” and “fraudulently convert” certain moneys of the bank to his own use, and did “feloniously steal, take, and carry away,” etc., charges “embezzlement larceny” and is not made uncertain or double by the words “fraudulently convert.”</p> <p>2. Same — Bank Cashier — Possession of Funds — Sufficiency of Allegations.</p> <p>An information alleging that respondent was cashier of a bank and did embezzle its funds, sufficiently charges that he was in possession of the funds, since the office of cashier of a bank involves possession of its funds.</p> <p>3. Statutes — Construction—Adoption from Sister State.</p> <p>The presumption that a statute adopted from a sister State brings its construction with it, does not apply to a construction given the statute in that State after its adoption here.</p> <p>4. Embezzlement — 1Trial—Evidence—Other Offenses.</p> <p>On a prosecution for embezzlement under section 11563, 3 Comp. Laws, it is proper to admit evidence of other acts of embezzlement committed within six months after the time stated in the information, since section 11782, 3 Comp. Laws, permitting such practice, is remedial, and intended to apply to every act of embezzlement reasonably within its terms.</p> <p>5. Same — Several Offenses — Election.</p> <p>On a prosecution for embezzlement under section 11562, 3 Comp. Laws, respondent is not entitled to confine the people, in asking for a conviction, to the first act to which they direct their proofs.</p> <p>6. Same — Argument of Counsel — Prejudice.</p> <p>Where a bank cashier is convicted of embezzling an amount of which no entry was ever made on the books, he is not prejudiced by an argument of the prosecuting attorney as to what an absent witness would prove in corroboration of what another witness had shown from the books.</p> <p>7. Criminal Law — Trial—Requests to Charge — Accused Declining to Testify.</p> <p>Refusal of the court to give a requested charge that no presumption shall be indulged against respondent from failure to testify is not excused by a ruling, during argument, that there was nothing for the jury to consider in relation to that fact.</p> <p>8. Embezzlement — Check—Extraneous Evidence — Admissibility.</p> <p>On the prosecution of a bank cashier for embezzlement of money obtained from another bank by means of a memorandum check, evidence outside the check is admissible for the purpose of showing that it was a mere memorandum and the circumstances attending its execution.</p> <p>9. Same — Locus of Offense.</p> <p>Where the cashier of a bank obtained money from another bank under circumstances rendering his bank liable'for it, and converted it to his own use before returning to his bank, such conversion constituted “larceny in such [his] bank,” under section 11562, 8 Comp. Laws.</p>

Bill by Nicholas De Vries and Henrietta De Vries against James R. Crofoot, Jane B. Crofoot, Hilbert De Kleine, and Alice De Kleine to set aside certain deeds, and for an accounting. From a decree dismissing the bill, complainants appeal.

Cross-appeals from Wayne; Mandell, J. Bill by James J. Gier and Catherine Bousson, copartners as James J. Gier & Company, against Philip Daiber to enforce a mechanics’ lien. From the decree rendered, both parties appeal.

Bill by Ralph H. Booth against Edward N. Dingley and others for the specific performance of a contract. From a decree dismissing the bill, complainant appeals.

Walter W. Thorne was convicted of larceny under section 11570, 3 Comp. Laws, and sentenced to imprisonment for not more nor less than one and one-half years in the State prison at Jackson.

Bill by George B. Perry, trustee in bankruptcy of Horace W. Avery, against George E. Avery and others for an accounting. From a decree dismissing the bill, complainant appeals.

Assumpsit by Day Krolik against John Curry and others for fraud and deceit. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error. This is an action of assumpsit, brought under 3 Comp. Laws, § 10421, for fraud alleged to have been committed by the defendants in inducing the plaintiff and his assignors to .enter into a contract for the purchase of certain land in Windsor, Canada.

. Assumpsit by Frank B. Atwood against the Sault Ste. Marie Light, Heat & Power Company for services rendered. There was judgment by default for plaintiff based on a defective service of the declaration, and defendant brings error.

Assumpsit in justice’s court by William M. Courtis against Samuel Garrison for services rendered. There was judgment for plaintiff, and defendant took a special appeal to the circuit court. There was judgment for defendant, and plaintiff brings error.

<p>1. Taxation — Situs of Property — Navigation Companies.</p> <p>The property of a corporation engaged in maritime commerce or navigation is taxable in the place where its general business office is located, and not at the place named in its articles of association as the location of its general office for business, but at which it has no property.</p> <p>2. Same — Estoppel to Contest Assessment.</p> <p>The act of the officers of a navigation company in listing its property for taxation in a township in which it is not legally taxable does not estop the corporation from contesting the validity of the tax, where their course in so listing their property, and that of the township officers in assessing it, was based on an erroneous assumption that a statute which had already been declared unconstitutional was constitutional.</p> <p>8. Same — Failure to Contest Before Board of Review.</p> <p>The navigation company is not estopped because it failed to appear before the board of review and contest its assessment.</p>

■ Christian Blickley presented a claim against the estate of Ransom C. Luce, deceased, for damages to a stock of merchandise caused by the collapse and burning of decedent’s building. The claim was disallowed in the probate court, and claimant appealed to the circuit court. There was judgment for claimant, and contestants bring error.

Bill by Clara A. Seiffert against Louis C. Sherwood and the Union National Bank of Detroit to set aside a deed on the grounds of fraud and duress. From a decree dismissing the bill, complainant appeals.

Bill by Martha Burchell and Frederick Burchell against George X. M. Collier, Jennie Collier, Mary E. Fox, and James R. Neill, to set aside a deed for fraud, and for an accounting. From a decree dismissing the bill, complainants appeal.

Case by Mary L. Henderson, by next friend, against Leon Agon for an assault and battery. There was judgment for plaintiff, and defendant brings error.

Mandamus by the board of county road commissioners of Wayne county to compel the board of county auditors of Wayne county and Forbes Robertson, county treasurer, to audit and pay a warrant on the county road fund. There was an order denying the writ, and relator brings certiorari. In 1893, the Constitution.of this State was amended by adding to article 4 a new section, to stand as section 49, which section read as follows: “ Sec. 49.

Assumpsit by Charles T. Stearns and Edgar F. Stearns, copartners as Stearns Brothers, against the Grand Trunk Railway Company for the amount of a sight draft attached to a bill of lading. There was judgment for plaintiffs, and defendant brings error.

Assumpsit by Thomas Farrell against the Jerry Madden Shingle Company for goods sold and delivered. There was judgment for plaintiff, and defendant brings error.

Bill by Henry Sharp against James Sharp and Etta Sharp to quiet title to land. From a decree for complainant, defendants appeal. One Thomas Sharp early settled in Deerfield, Livingston county, Michigan, and for many years prior to 1855 was the owner of the east half of the southeast quarter of section 21, on which he lived and cultivated as a farm.

Assumpsit in justice’s court by the American Copying Company against Herman Stern for goods sold and delivered. There was judgment for plaintiff, and a transcript filed in the circuit court. From an order denying a motion-to vacate said judgment, defendant brings certiorari. Plaintiff, a nonresident corporation, brought suit before a justice’s court in the township of Brady, in the county of Kalamazoo, against the defendant, a resident of the city of Kalamazoo.

Trover by Walter G. Hogan against the Detroit United Railway. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Mandamus by the Detroit Portland Cement Company and others to compel Charles H. Wisner, circuit judge of Genesee county, to vacate an order denying a change of venue.

Bill by Lena A. Lewis and John D. Wright against Sarah Anne Wright, Fred B. Carpenter, administrator of the estáte of Fred D. Wright, deceased, and others, for subrogation to the rights of Fred D. Wright, deceased, in a land contract, and for an accounting. From a decree awarding a lien to complainant Lewis, and dismissing the bill in other respects, complainants appeal.

Case by Alice D. Clement against Crosby & Company and Arthur O. Q-. Rommeck for personal injuries. There was an order overruling a demurrer as to defendant Crosby & Company, and it brings certiorari.

Clair; Tappan, J. Bill by Harriet E. Kimball against Isaac P. Green, special administrator of the estate of Louis Almond, deceased, to establish a title to a certain note and mortgage. Prom a decree dismissing the bill, complainant appeals.

Petition by Clayton A. Powell, prosecuting attorney of Hillsdale county, to compel Angus Beers to reimburse the State for the expense of maintenance of his indigent, insane, adult daughter at the Michigan asylum for the insane at Kalamazoo. An order was entered granting the petition, and respondent appealed to the circuit court. There was an order modifying the order of the probate court, and petitioner brings certiorari.

John Tolman was convicted under section 5395, 8 Comp. Laws, of keeping his saloon open on Sunday. Defendant is charged with failure to keep his saloon closed on Sunday, April 8, 1906. The facts appearing upon the trial are stated from appellant’s brief: “ The respondent was tried and convicted for keeping his saloon open on Sunday, April 8, 1906.

Otto Prinz was convicted of the crime of rape, and sentenced to imprisonment for not less than 10 nor more than 20 years in the branch of the State prison at Marquette.

Condemnation proceedings by the Pere Marquette Railroad Company against the United States Gypsum Company, the American Trust & Savings Bank, and the German American Bank. The petition was dismissed in the probate court, and petitioner appealed to the circuit court. There was an order reversing the action of the probate court, and ordering the case to proceed in the circuit court on the merits: On motion for a writ of certiorari to review the order of the circuit judge.

Case by Frank Walters, against the Wolverine Portland Cement Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

<p>1. Accord and Satisfaction — Failure to Perform — Rescission.</p> <p>Where a creditor agrees to accept a certain sum of money in satisfaction of his demand, a part of which the debtor pays and repudiates the balance, the creditor is entitled to rescind the contract for an accord and bring his action on the original demand without returning the amount paid, though the debtor should be given credit for it in the final account.</p> <p>2. Specific Performance — Purchase of Lands — Joint Account.</p> <p>A contract between a land looker and a lumber manufacturer that a tract of land called to the manufacturer’s attention by the land looker should be purchased by the manufacturer if found satisfactory, and the profits arising from the purchase divided, is enforceable in equity.</p> <p>8. Same — Parties.</p> <p>The act of the manufacturer in taking a third party into the deal without the land looker’s consent, and causing the conveyance to be made to him, cannot affect the rights of the land looker.</p>

<p>1. Saving Questions por Review — Exceptions—Necessity.</p> <p>Error in overruling a motion for a new trial cannot be reviewed where no exceptions were taken to any of the reasons contained in the decision of the court denying the motion.</p> <p>2. Appeal and Error — Record—Verity—Statements op Trial Judge.</p> <p>The statement of the trial judge as to whether he struck out certain evidence will be accepted as true, notwithstanding it contradicts the printed record, where such course will save to the plaintiff in error the benefit of his exception.</p> <p>3. Libel and Slander — Evidence—Suppioienoy.</p> <p>In an action for libel, evidence examined, and held, not to connect plaintiff’s failure to obtain employment as master of a certain vessel with the libelous letter written by defendant.</p>

Case by John P. Andrews against Oliver T. Booth for libel. There was judgment for plaintiff for a part of the verdict only, and he brings error.

Bill by William Wallace against Darwin B. Kelly to restrain the removal of certain timber. Defendant filed an answer in the nature of a cross-bill to quiet title to said timber. From a decree dismissing the bill, and granting the prayer of the cross-bill, complainant appeals.

Bill by Halen F. Miller and others against the Bank of Belleville and another to restrain the flooding of certain lands. From a decree dismissing the bill, complainants appeal.

Mary McNamara presented a claim against the estate of Mary McNamara, deceased, for services rendered. The claim was allowed in part by the commissioners, and claimant appealed to the circuit court. There was judgment for claimant, and the Michigan Trust Company, special administrator, brings error.

Assumpsit by Louis E. Lyon and Milbert F. Price, co-partners as the Lyon-Taylor Company, against Edwin B. Ives for goods sold and delivered. There was judgment for defendant, and plaintiffs bring error.

, presiding. Bill by Sarah Ulman against Francis J. Ulman and Harry Woolner to enforce a lien for the payment of alimony. From an order overruling a demurrer, defendants appeal..

Assumpsit by W. E. Haas against the Malto-Grapo Company, Limited, for breach of a contract of employment. There was judgment for plaintiff on a verdict directed by the court for an insufficient amount, and he brings -error.

<p>Mandamus by Thomas Parks Bradfield to compel Eugene E. Law, circuit judge of St. Clair county, to vacate an order awarding temporary alimony.</p>

Case by Hartson G. Barnum, administrator of the estate of George E. Nixson, deceased, against the Grand Trunk Western Railway Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.

Cross-appeals 'from Wayne; Hosmer, J. Bill by Joseph Kremer against John Mette and Elizabeth Mette to compel the payment of a trust. From the decree rendered, both parties appeal.

Bill by Mary P. Mcllhinny against the village of Trenton to enjoin the erection of a building in a street, and to abate a nuisance. From a decree granting insufficient relief, complainant appeals.

), J. Case by Margaret A. Smalley against Joseph W. Mc-Graw and Frank P. Chesbrough for fraud and deceit. There was judgment for defendants oñ a verdict directed by the court, and plaintiff brings error.

Mandamus by the State Road Bridge Company and others to compel William G. Gage, circuit judge of Saginaw county, to vacate an order denying a change of venue.

Assumpsit by the Ford River Lumber Company against Menezippi Perron, as director of the Perronville Shingle Company, for goods sold and delivered. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Bill by Sidney M. Constantine against the city of Albion, Afton A. Dibble, city treasurer, and Erwin A. Doolittle, county treasurer, to restrain the collection of a paving tax. From a decree dismissing the bill, complainant appeals.

Bill by the G. F. Sanborn Company against Oscar Johnson and James B. Bradley, auditor general, to remove a cloud from the title to certain land. From a decree dismissing the bill, complainant appeals.

Bill by Henry M. Howard and Nellie L. Howard against Elwin H. Bellows and others to enjoin the flooding of complainants’ land. From a decree for complainants, defendants appeal.

Case by Nettie Merrinane against James Fred Miller, a saloon keeper, and his bondsmen, under the civil damage act. There was judgment for plaintiff for an insufficient amount, and she brings error.

Case by Le Roy Van Wyck, by next friend, against Albert G. Dickinson for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Affirmed. Defendant carries on the business of printing and engraving in the city of Grand Rapids, using printing presses of various kinds and electricity for motive power.

Glair; Law, J. Bill of interpleader by the Knights of the Modern Maccabees against Julia Grice and Maurice Walsh to determine the title to a benefit certificate. From a decree for defendant Walsh, defendant Grice appeals. Complainant filed a bill of interpleader and paid the fund in dispute into court. Defendants by order of the court interpleaded, and from a decree directing payment of the money to defendant Walsh defendant Grice has appealed.

Assumpsit by Emil Baumler against the Farmers’ Northern Mutual Fire-Insurance Company, Limited, on a policy of insurance. There was judgment for plaintiff, and defendant brings error.

Assumpsit by Augusta Maas against the Anchor Fire-Insurance Company of Cincinnati, Ohio, on a policy of insurance. There was judgment for plaintiff, and defendant brings error.

Bill by Mathias Raupp, Jr., highway commissioner of Ecorse township, against the Wabash Railroad Company to enjoin the construction of certain tracks across a highway. From a decree for complainant, defendant appeals.

Assumpsit by William G. Stowell against Frank Ames for money had and received. There was judgment for defendant, and plaintiff brings error.

<p>1. Mortgages — Assignment to Mortgagor — Discharge oe Mortgage.</p> <p>A husband and wife executed a mortgage to secure the husband’s note. Subsequently the husband quitclaimed his interest in the mortgaged premises to his wife, and afterwards they both executed another mortgage to the same persons to secure another note of the husband. The two mortgages were assigned to the husband upon payment of the principal and interest due, with the understanding that the assignor would return the money to the husband on the mortgages if he so desired. Afterwards the husband reassigned the mortgages to his assignor, and had his money returned according to agreement. The husband did not intend to discharge the mortgages. Held, that the payment and taking of the assignment by the husband did not discharge the first mortgage, since as between hirh and his wife he was under no obligation to pay the debt, but had a right to purchase the mortgage and compel the land to discharge the mortgage indebtedness.</p> <p>2. Same.</p> <p>As the wife by virtue of the quitclaim deed was the owner of the property when the second mortgage was executed, she mortgaged her separate property to secure the payment of her husband’s debt, their position being that of principal and surety, with the primary obligation resting upon the husband to pay the mortgage, and his payment of the amount due on it discharged the mortgage.</p>

Ejectment by Ada H. O’Connor, special administratrix of the estate of William O’Connor, deceased, against Otto Gottschalk and another. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error. This is an action of ejectment to recover possession of 40 acres of land located in Macomb county. Plaintiff’s title is based upon a tax deed issued by the auditor general to William O’Connor May 25, 1903, for taxes assessed for the year 1899.

Assumpsit by Dayton Hale against the Michigan Farmers’ Mutual Fire-Insurance Company of St. Clair and Sanilac counties on a policy of insurance. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Assumpsit by Charles L. Churchill, administrator of the estate of Alanson Beckwith, deceased, 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 plaintiff, and defendant brings error.

, presiding. Mandamus by the Kalamazoo Gazette Company to compel Edwin W. Vosburg, clerk of Kalamazoo county, to allow an examination of certain public records. There was an order granting the writ, and respondent brings certiorari.

Case by James A. Dickinson and Jane Dickinson against the Pere Marquette Railroad Company for damages to land. There was judgment for plaintiffs, and defendant brings error. Plaintiffs own a farm in Alpine township, Kent county, a little north of Grand Rapids. This farm is 160 rods long north and south, and 80 rods wide east and west.

<p>Error to Hillsdale; Chester, J.</p> <p>Assumpsit by William Y. Henry against Moses Salomon on a contract of bailment. There was judgment for plaintiff, and defendant brings error.</p>

<p>1. Mandamus — Propriety — Assault and Battery — Declaration — Averment oe Jurisdiction.</p> <p>On the trial of an action for assault and battery, defendant objected to the introduction of any evidence, on the ground that the declaration showed that the assault was committed in another county, and there was no averment that either of the parties resided in the county of the venue; the court invited plaintiff to amend in accordance with what counsel had stated to be the fact as to residence, and, on his declination, discharged the jury from further consideration of the case. Held, that mandamus would not issue to compel the setting aside of the order discharging the jury.</p> <p>2. Same — Review by Error.</p> <p>If such an averment was not strictly required, as plaintiff contends, either party may secure an order which will dispose of the case in the court below, and review the ruling on error, a proceeding in which they will be entitled to have strict legal rights determined.</p>

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, and defendants bring error.

Trespass vi et armis by John R. Hilborn against Egbert A. Smith. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Trespass vi et armis by Charles Zuehlke and Mary Zuehlke against Maitland M. Stone, sheriff of Sanilac county. There was judgment for plaintiffs, and defendant brings error.

Case by Bobert A. Maclam against the city of Marquette for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Bill by Solomon Mier, Abraham Mier, Isaac Rose, and Leon Rose, copartners as the Sol. Mier Company, against Samuel B. Hadden and Matilda A. Hadden for the specific performance of a land contract. From an order overruling a demurrer to the bill, defendants appeal.

Jane Clinton presented a claim against the estate of George Clinton, deceased, for the amount of a mortgage discharged by claimant. The claim was disallowed by the commissioners, and claimant appealed to the circuit court. There was judgment for claimant on a verdict directed by the court, and defendant brings error.

<p>Mortgages — Foreclosure—Default—Payment or Taxes — Construction.</p> <p>A mortgage stipulated that the mortgagor should pay the taxes within 40 days after they became due and payable, and procure insurance, and that in default thereof the mortgagee might pay such charges and have a lien on the mortgaged premises therefor; it was further agreed that if the mortgagor should make default in the payment of principal, interest, taxes, or insurance premiums, and the same should remain unpaid for 30 days, the mortgagee might declare the whole sum due and payable. Held, that foreclosure proceedings, based on default in the payment of taxes, could not be brought until 30 days after the mortgagee had paid them, and that a bill merely alleging nonpayment by the mortgagor was insufficient.</p>

<p>Appeal from Ingham; Wiest, J.</p> <p>Bill by Frederick Thoman against John G. Gross to enjoin an encroachment. From a decree dismissing the bill, complainant appeals.</p>

Bill by Schwanbeck Bros, against A. Backus, Jr., & Sons and others to enjoin an interference with complainant’s business. From a decree for complainant, defendants appeal.

Mandamus by Christopher A. Dickinson to compel the board of canvassers of Cheboygan county to count certain ballots rejected by it as invalid. There was an order denying the writ, and relator brings certiorari.

Mandamus by Edmund H. Griffin to compel Harry L. Larwill, probate judge o£ Lenawee county, to proceed to a hearing of a petition for the appointment of a guardian of the estate of a nonresident. There was an order granting the writ, and respondent brings certiorari.

Assumpsit by the board of supervisors of Missaukee county against George Van Liew for certain fees and costs in criminal proceedings instituted by defendant. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff instituted this suit in justice’s court to recover certain fees and costs expended by the sheriff of the county in a criminal prosecution upon a complaint made by the defendant. The action is in assumpsit.

Clair; Tappan, J. Assumpsit by George M. Bidwell against the Grand, Trunk Western Railway Company for work and labor. There was judgment for plaintiff, and defendant brings error.

Bill by Benjamin L. Scott against William Brusse and Cornelia Brusse to set aside certain deeds. From a decree dismissing the bill, complainant appeals.

Bill by Floyd Reason against Frank M. Peters to enjoin the maintenance of a dam at an unlawful height. From the decree rendered, both parties appeal.

Assumpsit by Clarence R. Jones, administrator de bonis non of the estate of James A. Jones, deceased, against Edward W. Pendleton for commissions on the sale of real estate. There was an order denying a motion to amend the declaration, and a judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Bill by John R. Redfield, Morgan G. Bulkeley, and Meigs H. Whaples, trustees for the United States for the Scottish Union & National Insurance Company, against William Reid, the American Window Glass Company, the William Reid Company, and others, for the foreclosure of a mortgage. The American Window Glass Company filed an answer in the nature of a cross-bill for the foreclosure of a second mortgage.

Ejectment by Melissa A. Loranger against Harriet A. Carpenter and another. There was judgment for plaintiff, and defendant Carpenter brings error. This is an action of ejectment to recover possession of an undivided interest in 13} acres of land. In 1860 the premises were set off by the probate court to Andrew, Harriet, Lyman, and John Bucklin in equal undivided shares as heirs of James Bucklin, deceased.

Attachment proceedings by John F. Butcher and Elisha H. Hunter, copartners as John F. Butcher & Company, against the Cappon & Bertsch Leather Company. There was an order denying a motion to quash, and defendant brings certiorari.

Case by Jennie McArthur against the Sault News Printing Company for libel. There was judgment for plaintiff, and defendant brings error.

•Assumpsit by Egbert J. Smith against Marion R. Pickands for goods sold and delivered. There was judgment for plaintiff, and defendant brings error.

<p>Contracts — State Binding — Construction — Performance — Time.</p> <p>Under a contract to do the binding, etc., that may be “ordered ” by the several departments of the State government for the term of two years, the contractor is obliged to do, at the contract price, all the work ordered during the contract period, though the work is not performed, nor the material delivered, until after expiration of the contract period.</p>

<p>1. Constitutional Law — Amendments—Submission—Restriction by Legislature.</p> <p>The power o£ the two houses of the legislature, conferred by the Constitution (art. 20, § 1), to submit, upon the requisite vote, a constitutional amendment to the electors, and prescribe the manner of doing so, cannot be restricted by any previous legislation.</p> <p>2. Same — Amendments—Legality of Submission.</p> <p>The amendment striking section 3 of article 18 from the Constitution, submitted to the electors April 1, 1907, in accordance with the provisions of the joint resolution authorizing its submission, was legally submitted, though the procedure prescribed by Act No. 23, Pub. Acts 1905, was not followed.</p> <p>3. Same — Joint Resolution.</p> <p>Where the legislature regularly adopts a constitutional amendment by a two-thirds vote, and determines upon its submission to the people and prescribes the manner thereof, it is immaterial whether they call the resolution by which the action is taken a “joint resolution,” a “concurrent resolution,” or give it neither designation.</p> <p>4. Same — Sufficiency of Ballot.</p> <p>The ballot used in submitting to the people the “Amendment to the Constitution relative to the teaching of a mechanical trade to convicts in the State prisons of this State,” was suf-. ficient to challenge attention to the subject.</p>

Mandamus by John E. Bird, attorney general, on the relation of the Michigan Lubricator Company, to compel James V. Barry, commissioner of insurance, to revoke the license of an insurance company. By Act No. 149 the legislature of 1881 provided for a standard form pf fire-insurance policy for use by all companies doing business in this State, that no other form should be in use, and for a penalty for violation of the act.

, presiding. Case by Louis Michaels and Edward Michaels, co-partners as Michaels Brothers, against Robert McRoy, Charles Marshall, Charles Palmer, Frank Rathsburg, George Ryman, and Joseph Taylor, board of trustees of the village of Imlay City, for failure to require the statutory bond of a contractor for the construction of a public hall. There was judgment for defendants on a verdict directed by the court, and plaintiffs bring error.

Bill by William L. Patterson against Thomas C. Hynes for an accounting. From a decree dismissing the bill, complainant appeals: On motion to dismiss the appeal.

Ejectment by Albert A. Griffin against Daniel J. Kennedy and others. There was judgment for plaintiff on a verdict directed by the court, and defendants bring error.

Ejectment by Jane Downer against John Richardson and Mary Richardson. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error.

Case by Ena Logan against the Lake Shore & Michigan Southern Railway Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Clair; Law, J. Bill by Dan St. Clair Wineland against tbe Knights of the Maccabees of the World to enjoin changes in the terms of his benefit certificate. From a decree dismissing the bill, complainant appeals. ' Defendant was organized in the year 1885, under the provisions of Act No. 104, Laws 1869, entitled “An act to provide for the incorporation of co- operative and mutual benefit associations,” approved April 3, 1869.

Trover by Densmore Major, administrator of the estate of Dorcas Major, deceased, against William A. Brewster. There was judgment for plaintiff, and defendant brings error.

Assumpsit by the Shaw-Walker Company against James Fitzsimons and Morris Sullivan, copartners as James Fitzsimons & Company, for goods sold and delivered. There was judgment for plaintiff on a verdict directed by the court, and defendants bring error.

Bill by the Pratt Food Company against Arthur C. Bird, State dairy and food commissioner, to enjoin the publishing of a bulletin warning the public against buyr ing or selling complainant’s preparations. From a decree dismissing the bill, complainant appeals.

Assumpsit by Emma Frank against the Newport Mining Company on a contract of indemnity. There was judgment for plaintiff, and defendant brings error.

Case by Louis Brockmiller against the Industrial Works for personal injuries. There was judgment for plaintiff, and defendant brings error.

Case by Irving O. Slater against Alexander A. Walter for slander and malicious prosecution. There was judgment for plaintiff, and defendant brings error.

, presiding. Certiorari by John C. Patterson and others to review the action of Charles B. Mead, county drain commissioner, and William A. Lane, judge of probate, in locating and establishing a drain. There was an order dismissing the writ, and relators bring error.

<p>Error to Berrien; Coolidge, J.</p> <p>Case by Nora Smitley against Benjamin W. Pinch for slander. There was judgment for plaintiff, and defendant brings error.</p>

Assumpsit by Thomas H. Watson against the E. E. Naugle Tie Company for goods sold and delivered. There was judgment for plaintiff, and defendant brings error.

Bill by Charles A. Peck against Winter Griffis, J. A. Pitkin, administrator de bonis non with the will annexed of the estate of Oliver H. P. Griffis, deceased, James W. Osborn, executor of the last will and testament of Mary L. Griffis, deceased, and others, for the foreclosure of a mortgage. From a decree for defendants, complainant appeals.

Clair; Law and Tappan, JJ. Bill by Jacob Vossen, Henry Rankin, John C. Pringle, Henry Fish, and Detlef Franck against the city of St. Clair to enjoin the performance of a contract. Defendant filed an answer in the nature of a cross-bill, bringing in as defendants A. C. Marshall, E. J. Ottaway, and Hugh H. Hart, parties to said contract, and prayed for the cancellation and surrender of the same. From a decree for cross-complainant, defendants appeal.

Assumpsit by James C. Mcllroy against Richard C. Richards, Charles H. Bookman, and Fred J. Scully for goods sold and delivered. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error.

Assumpsit by the Acme Food Company against Frank J. Tousey upon a promissory note. There was judgment for defendant, and plaintiff brings error.