Volume 149 — Michigan Reports

<p>1. Partnership Associations — Distribution op Assets — Rights op Stockholders.</p> <p>The action of all but one of the stockholders of a limited partnership association in transferring certain notes belonging to the association to one of themselves, in payment of an alleged indebtedness, does not bind the nonparticipating stockholder if there was in fact no indebtedness.</p> <p>2. Same — Indebtedness—Purchase op Stock — Presumptions.</p> <p>Where payments are shown to have been made by an individual to a limited partnership association, the absence of proof that such payments were made for the purchase of stock justifies an instruction that they made the payor a creditor of the company.</p> <p>3. Same — Distribution op Assets.</p> <p>A division of the assets of a limited partnership association among its stockholders, in proportion to the amounts paid in by them, is valid, there being no creditors, though the payments were made by the stockholders upon the understanding that they should take treasury stock for them.</p> <p>4. Same — Payments by Stockholder — Purchase op Stock — Evidence.</p> <p>Evidence examined, and held, to show that certain payments made by a stockholder of a limited partnership association were advancements to it and not payments on account of treasury stock purchased by him.</p> <p>5. Evidence — Books op Account — Admissibility. .</p> <p>The books of a limited partnership association are not admissible to show that defendant paid money on an alleged special obligation to take treasury stock at 50 cents on the dollar, which obligation the defendant denies, and which is not otherwise proved.</p> <p>6. Partnership Associations — Sale of Assets — Distribution-Fraud — Evidence.</p> <p>Evidence examined, and held, that there was an absence of proof of fraud in the sale of the property of a limited partnership association, and an arrangement to apply the notes received therefor upon the claim of a creditor stockholder.</p> <p>7. Same — Receivers—Conversion of Assets — Evidence—Admis-„ sibility.</p> <p>In trover by the receiver of a limited partnership association against a stockholder for certain notes given in part payment for the property of the association, and distributed to the stockholders in payment of their claims against it, evidence is admissible to show that a sum sufficient to pay all outstanding debts of the concern, except such as were due the consenting stockholders, was set aside, and placed in the hands of the secretary for that purpose.</p> <p>8. Same.</p> <p>Defendant is also entitled to show, by cross-examination of the receiver and the secretary, who is the principal creditor, that no action has been brought against other stockholders who received notes under similar circumstances.</p> <p>.9. Same.</p> <p>Defendant is also entitled to show the facts regarding the claim of the secretary, the principal claimant, and the conditions upon which, and the funds from which, it was to be paid.</p>

Case by Carl Beghold, by next friend, against the Auto Body Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Bill by the Enterprise Foundry Company against the Iron Molders’ Union of North America, Local No. 186, John Richardson, and others, to enjoin an unlawful interference with complainant’s business: On appeal of John Richardson from an order adjudging him guilty of contempt.

Assumpsit by Edward Sutton and George Mackey against Benjamin F. Rann, William Case, and Abraham L. Beard upon a contract of guaranty. There was judgment for defendants on a verdict directed by the court, and plaintiffs bring error. The parties entered into a written contract, which will be found set out at length in the opinion in Village of Morrice v. Sutton, 139 Mich. 643, 646-648.

Case by Edward F. Underwood against the A. W. Stevens Company for the negligent burning of plaintiff’s building. There was judgment for plaintiff, and defendant brings error.

Case by Mary A. Williams, administratrix of the estate of John Williams, deceased, against the Verona Mining 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.

Mandamus by the Prather Engineering Company and J. H. Kusell, trustee, to compel Charles H. Wisner, circuit judge of Genesee county, to vacate an order denying a motion to make a receiver a party defendant to a cause pending in another county.

Bill by Frances A. Nolan against John W. Garrison and others for an accounting, and to set aside certain deeds. From a decree for complainant, defendants appeal: On motion to dismiss said appeal.

Assumpsit by the Drake Coal Company against Joseph Croze for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. Plaintiff brought suit to recover the price of a cargo of coal sold and delivered by it to the defendant. The declaration was on the common counts in assumpsit for goods sold and delivered.

Bill by Frederic Eis, Roman Catholic bishop of the diocese of Sault Ste. Marie and Marquette, against Joseph Croze and others to enforce the specific performance of a declaration of trust. From a decree for complainant, defendant Croze appeals.

Case by David Wolf against the Grand Rapids, Holland & Chicago Railway and the Graham & Morton Transportation Company for the loss of certain baggage. There was judgment for plaintiff, and defendants bring error.

Assumpsit by Ina L. Jewett against the Northwestern National Life-Insurance Company on a policy of insurance. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. On August 11, 1902, one James H. Jewett, the husband of plaintiff, made application to the Northwestern Life & Savings Company, of Des Moines, Iowa, for insurance upon his life. Mr. Jewett was then a subagent for said company, soliciting insurance in the city of Detroit.

Assumpsit by Lillian J. Burnham against the Michigan Mutual Life-Insurance Company on a policy of insurance. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Bill by Julia E. Breakey against George S. Woolsey and Phoebe J. Woolsey to determine'the boundary line of certain real estate. From a decree for defendants, complainant appeals. Laura A. Lynn in 1901 was the owner of the west half of lots Nos. 2 and 3, of block No. 44, in Hurd’s addition to the city of Marshall. She purchased them in 1888.

Gross-appeals from Wayne; Rohnert, J. Bill of interpleader by the Grand Lodge of the Ancient Order of United Workmen of the State of Michigan against Mary J. McKay, William D. McKay, Lillie Bain, Annie McKay, and Margaret McDonald to determine title to the proceeds of a benefit certificate.

Assumpsit by Peter W. Decker and Fred R. Jean, co-partners as Decker & Jean, against Philip J. Klingman for commissions on the sale of real estate. There was judgment for defendant on a verdict directed by the court, and plaintiffs bring error.

Assumpsit by Mark Lehigh and James Gr. McClintock, copartners as Lehigh & McClintock, against the Standard Tie Company for goods sold and delivered. There was judgment for plaintiffs, and defendant brings error.

Case by John W. Van Cleve against George W. Rad-ford, James W. Fales, Alexander McVittie, Frank N. Clark, and Anson Waring for false representations on the sale of corporate stock. There was judgment for defendants, and plaintiff brings error.

Case by James H. Pearce, administrator of the estate of Timothy Sullivan, deceased, against the Quincy Mining Company for the negligent killing of plaintiff’s intestate. There was judgment for defendant, and plaintiff brings error. This is an action of tort, based upon the alleged negligent killing of plaintiff’s intestate, Timothy Sullivan. Timothy, at the time of his death, was a little over 16 years and 2 months old.

, presiding. Bill by Judson S. Farrar and others against the Lonsby Lumber & Coal Company, Limited, Fred Breitmeyer, and others, to restrain the managers of defendant association from disposing of its property, for an accounting, and the appointment of a receiver. Spencer J. Dalby and A. Frank Sarns, copartners as the Lakeside Ice & Coal Company, filed a petition to intervene to establish their title to certain goods. From a decree for complainants, interveners appeal.

Quo warranto proceedings by the people of the State of Michigan, on the relation of John E. Bird, attorney general, to inquire into the right of the Detroit, Grand Haven & Milwaukee Railway Company to exercise certain franchises: On motion to quash.

Case by Wallace B. Mulholland against the Ideal Manufacturing Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Exceptions before judgment from the superior court of Grand Rapids; Stuart, J. Fred W. Henze was convicted under section 5395, 2 Comp. Laws, of keeping his saloon open op Sunday.

Bill by the Ideal Manufacturing Company against Martin Ludwig and others to enjoin an interference with complainant’s business: On petition, Martin Ludwig was adjudged guilty of contempt in violating the temporary injunction, and sentenced to imprisonment for ten days in the county jail. The respondent was found guilty of contempt of court in violating the injunction which the court had issued in the case of the Ideal Manufacturing Company v. Martin Ludwig and others.

Habeas corpus proceedings by Perlie P. Carpenter against Ora A. Carpenter to obtain the custody of an infant. There was judgment for petitioner, and respondent brings certiorari. Petitioner and respondent are husband and wife. Disagreements arising. between them, they separated and. executed articles of separation. They had two children. The older one the wife took, and the younger, by agreement, the father took.

Bill by Lura Gregory Powell against Mary L. Dwyer, executrix of the last will and testament of John M. Dwyer, deceased, for the specific performance of a land contract. From a decree for complainant, defendant appeals.

<p>1. Divorce — Grounds—Refusal to Cohabit.</p> <p>Refusal of a wife to cohabit with her husband for three years is extreme cruelty warranting a divorce.</p> <p>2. Same — Charges of Infidelity.</p> <p>The action of a wife in repeatedly without cause accusing her husband of the offense of adultery is extreme cruelty warranting a divorce.</p> <p>3. Same — Alimony—Division of Property.</p> <p>Where a husband was given a divorce on the ground of extreme cruelty, and the wife was possessed of property of the value of $1,488, and the husband property of the value of $12,200, a decree allowing her to keep all her property and all the household goods, and requiring him to pay her $5,000, is not unfair to her, there being no children to support.</p>

, presiding. Assumpsit by Robert Love against Allen J. Mitcraft for work and labor, and materials furnished. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

, presiding. B. O’Dell and others presented for probate the last will and testament of John E. Goff, deceased. The will was allowed in the probate court, and Leslie Goff appealed tei the circuit court. There was judgment for contestant, and proponents bring error.

<p>1. Assault and Battery — Civil Liability — Action—Evidence.</p> <p>In an action for an assault and battery, committed while defendants were attempting to retake cattle which had been impounded by plaintiff’s husband, defendants were not entitled to show facts from which it could be inferred that the cattle were let into the husband’s enclosure, and were therefore not trespassing when impounded, unless such facts were connected with the husband.</p> <p>2. Same — Instructions—Sufficiency.</p> <p>An instruction that plaintiff could not recover unless the cattle were trespassing in the husband’s field at the time they were impounded, and were not put there by the husband, was sufficiently favorable to defendant.</p> <p>3. Same — Appeal—Assignments of Error — Necessity.</p> <p>Whether the court erred in calling the attention of the jury to the statute that allows the plaintiff in assault and battery no more costs than damages will not be considered where no error is assigned upon the instruction.</p> <p>4. Appeal and Error — Questions Considered — Costs—Retaxation.</p> <p>Questions arising on the retaxation of the costs before the circuit judge are no part of the record brought to this court on writ of error to review the judgment, and cannot be considered on such review.</p>

Case by John A. Pierson against the Illinois Central Railroad Company for a wrongful ejection from defendant’s train. There was judgment for plaintiff, and defendant brings error.

Attachment proceedings under the log lien law by Napoleon Pepin against Louis Nault, Fred Nault, and Edward Nault, copartners as Nault & Sons, and W. B. Kibbee and R. P. White, copartners as Kibbee & White. There was judgment for plaintiff, and defendants Kibbee & White bring error.

Case by George W. Tubbs against George H. Haessig for false imprisonment. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Mandamus by Monroe W. Whitmore, Elon P. Potter, and John F. Kohn, drain commissioners of Clinton, Gratiot, and Ionia counties, to compel Montgomery Webster, probate judge of Ionia county, to appoint special commissioners in certain drain proceedings. There was an order denying the writ, and relators bring certiorari.

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

Case by Anna C. Klein against Edward J. Pollard for an assault 'and battery and false imprisonment. There was judgment fór defendant, and plaintiff brings error. Plaintiff is the wife of one William C. Klein, who kept a saloon at 227 Jefferson avenue, in the city of Detroit. In the back part of his saloon was a room with tables for drinking and a bed. The saloon was one of ill repute and the resort of prostitutes.

, presiding. Replevin by Edgar R. Van Burén and Charles D. Bull, surviving partners of the Antigo Lumber Company, against Wilson H. Stubbings, the Union Trust Company, and others. There was judgment for defendants, and plaintiffs bring error. The litigation in this case' grows out of the financial failure of Hoxie & Mellor, copartners, 17 years ago. Their affairs became complicated, and suits arose in Michigan, Wisconsin, and Illinois. Several parties to the suits are dead.

The city of Flint petitioned for the probate of a lost will, claimed to be the last will and testament of Mary Stock-dale, deceased. The petition was dismissed in the probate court, and petitioner appealed to the circuit court. There was an order dismissing the appeal, and petitioner brings error.

<p>Appeal from Wayne; Iiosmer, J.</p> <p>Bill by Frederick Bapp against Christine Bapp for a divorce. From a decree for complainant, defendant appeals.</p>

Bill by Hannah & Hogg against the Bichter Brewing Company and others to set aside certain conveyances on the ground of fraud. From an order sustaining a demurrer of defendant Bichter Brewing Company, complainant appeals.

Case by William Hertel, by next friend, against the Safety Folding Bed Company, Limited, for personal injuries. There was judgment for plaintiff, and defendant brings error.

, presiding. Bill by Charles M. Horton against August C. Helmholtz and James B. Bradley, auditor general, to quiet title to certain land. Defendant Helmholtz, filed an answer in the nature of a cross-bill to establish a title by virtue of certain tax deeds. From a decree for defendant, complainant appeals.

Case by Albert Neifert against Philip P. Hasley, a surgeon, for malpractice. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Assumpsit by Charles E. Rhoades against the Malta Vita Pure Food Company for work and labor. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Assumpsit by the McCaskey Register Company against Louis H. Truettner for goods sold and delivered. There was judgment' for defendant, and plaintiff brings error. This is an action of assumpsit, tried before the court without a jury. Plaintiff’s declaration and claim are based upon the following telegram and letter: “Bessemer, Mich. Aug. 30. “McCaskey Register Co., “Alliance, Ohio: “Accept offer of your agent for short account system.

Joseph; Yaple, J. Assumpsit in justice’s court by William Appleman against Ammon Hahn for excessive fees collected in the capacity of a public officer. There was judgment for plaintiff, and defendant brought certiorari to the circuit court. There was an order affirming the justice’s judgment, and defendant brings error.

Cross-appeals from Wayne; Brooke, J. Bill by Catherine A. Abrey and others against Bethune Duffield and another for a construction of- the last will and testament of Theresa Abbott, deceased. From the decree rendered, complainants and defendant Duffield appeal. Mrs. Theresa Abbott died testate April 2, 1890. The material parts of her will are as follows: “First.

Exceptions before judgment from Barry; Smith, J. James B. Mix was convicted of burning a building with intent to defraud an insurance company.

<p>Exceptions before judgment from Mason; Rose, J.</p> <p>Volney Sanford was convicted of an assault and battery.</p>

Case made from Bay; Collins, J. Assumpsit by Hiram J. Hawkins against the city of Bay City for services rendered. There was judgment for plaintiff for less than the amount claimed, and both parties appeal.

Mandamus by Mary Bliss to compel Arthur A. Montague, probate judge of Livingston county, to fix an allowance for relator’s support and maintenance pending the settlement of an estate. There was an order granting the writ, and respondent brings certiorari.

, presiding. Mandamus by the Joliet Bridge & Iron Company to compel Clarence H. Freeman, drain commissioner of Isabella county, to issue orders for the payment of certain bridges. There was an order denying the writ, and relator brings certiorari.

Case by Wira H. Dolph against the Lake Shore & Michigan Southern Railway Company for the negligent burning of plaintiff’s buildings. There was judgment for plaintiff, and defendant brings error. Plaintiff’s house, a small one, situated about 100 feet from the track of the defendant’s road, and woodshed, situated about 80 feet from the track, were destroyed by fire. No one was in the occupancy of the house at the time; neither was any one near when the fire started.

, presiding. Assumpsit by Sanford Harris against tbe Phoenix Accident & Sick Benefit Association on a policy of insurance. There was judgment for plaintiff, and defendant brings error.

Assumpsit by W. S. Hillman against Bert Hulett and Allie Hulett for goods sold and delivered. There was judgment for plaintiff, and defendant Bert Hulett brings error.

Case made from Livingston; Miner, J. James B. Bradley, auditor general, appealed to the. circuit court from an order determining that certain property was not subject to an inheritance tax. There was judgment for the auditor general, and Polly M. Rogers, ancillary administratrix of the estate of Hosea Rogers, deceased, appeals.

Habeas corpus proceedings by Anton Schnapka to obtain the release of Katie Schnapka, his wife, from the Michigan Asylum for the Insane. There was an order remanding her to the custody of the asylum, and petitioner brings certiorari.

Trespass quare clausum freg'it by Frederick S. Wheat against George Yan Tine and others. There was judgment for defendants, and plaintiff brings error. Plaintiff is the owner of a lot fronting on Aimer street, and also another three-cornered lot located between Almér and Grant streets in the village of Caro. Lot 1 is located at the crest of what is called “Wheat’s Hill.” Aimer street extends over this elevation.

<p>Appeal from Wayne; Rohnert, J.</p> <p>Bill by Anne Eliza Wisner against Ralph E. Wisner for a divorce. From a decree for complainant, defendant appeals.</p>

Timm to compel the common council of the village of Caledonia Station to approve á liquor bond. There was ah order granting the writ, and respondent brings certiorari.

<p>1. Appeal and Error — Review—Questions Considered — Record — Matters not Presented Below.</p> <p>Matters not contained in the bill of exceptions, and matters not presented in the court below, will not be considered by this court on error.</p> <p>2. Estoppel — Title to Property — Failure to Assert — Question por Jury.</p> <p>Where plaintiff in trover contends that she asserted her title to the property in suit when the chattel mortgage upon which it was seized was given by her husband and refused to execute it; that she again asserted her title when the officer attempted to take the property under the mortgage, and did not allow him to take it until it was replevied, the question whether she is estopped to claim the property by her silence is for the jury under proper instructions, her testimony being contradicted.</p> <p>3. Election op Remedies — Assumpsit — Waiver op Tort — Premature Action.</p> <p>The bringing of an action of assumpsit, waiving tort, under section 10421, 3 Comp. Laws, after plaintiff’s property has been seized on a writ of replevin, is not an election of remedy barring a subsequent action of trover for the same property,where, at the time of bringing the action of assumpsit, the defendant had not sold the property and therefore had not converted it.</p>

Bill by Charles L. Messmore against John Maerz and others to correct a description in a mortgage, and to foreclose the same. From a decree dismissing the bill, complainant appeals.

<p>Appeal from Lapeer; Smith, J.</p> <p>Bill by Effie M. Tinker against Peter N. Piper to quiet title to land. From a decree for complainant, defendant appeals.</p>

Case by Jacob A. Trend against the Detroit United Railway for personal injuries. There was judgment for plaintiff, and defendant brings error.

<p>1. State Legislature — Procedure — Resolutions — Statutes— How Passed.</p> <p>A resolution of the legislature requiring the secretary of State to take the necessary steps to submit to the electors of the State a question to be voted upon at a special election called for another purpose is legislation which might be accomplished by bill or joint resolution and therefore requires the votes of a majority of all the members elected to each house (Const, art. 4, § 19), notwithstanding it is denominated a “concurrent” resolution by the legislature.</p> <p>2. Statutes — Passage—Procedure—Constitutional Provisions —Tie Yote — Power of Lieutenant Governor.</p> <p>Section 19 of article 4 of the Constitution requires that at least 17 senators must concur in passing a bill or joint resolution before it oan become a law; section 14 of article 5, empowering the lieutenant governor to give the casting vote in cases of an equal division of the senate, being applicable only to resolutions not having the force of laws, assuming that there are such.</p> <p>3. Constitutional Law — Right to Instruct Representatives— Construction of Provision.</p> <p>Section 10 of article 18- of the Constitution, providing that the people have a right to instruct their representatives, authorizes a plebiscite, if authority be needed, on the question whether the people desire to nominate their candidates for United States senator by direct vote, but has no bearing on the question how the law submitting such question to the people shall be enacted.</p>

Mandamus by Andrew Fyfe to compel Ralph A. Mosher, clerk of Kent county, to place relator’s name on the ballot for primary election as delegate to the constitutional convention.

Assumpsit by Henson S. Simpson, George H. Simpson, and T. Scott Simpson, copartners as the Acme Food Company, against William H. Crane and Elmer McGee, copartners as Crane & McGee, on certain promissory notes. There was judgment for defendants, and plaintiffs bring error.

Ejectment by Albert R. Nowlen against Charles W. Hall and others. There was judgment for plaintiff on a verdict directed by the court for an undivided one-half o£ the property involved, and defendant Hall brings error.

Assumpsit by the First National Bank of Durand against Thomas E. Shaw and others on a promissory note. There was judgment for defendants, and plaintiff brings error.

Case by Libbie Naess, administratrix of the estate of Gottlieb Naess, deceased, against the Tivoli Brewing Company for negligently causing the death of plaintiff’s intestate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Clair; Law and Tappan, JJ. Thomas Emery was found guilty of contempt, and sentenced to pay a fine of fifty dollars, or in default thereof to imprisonment in the county jail not exceeding thirty days.

Mandamus by the board of control of the Michigan State prison to compel James B. Bradley, auditor general, to draw a warrant upon the State treasurer under the provisions of Act No. 311, Pub. Acts 1907.

<p>Mandamus by James W. Helme to compel the board of election commissioners of Lenawee county to furnish printed paper ballots.</p>

Mandamus by Ered N. Potter to compel Andrew L. Deuel and Victor D. Sprague, chairman and secretary of the 29th senatorial committee, to certify the nomination of Alonzo B. Green as a candidate to the constitutional convention.

. Bill by the Delray Land Company, Limited, and others, against the township of Springwells, Harry Stansfield, supervisor of said township, and the board of State tax commissioners, to set aside certain assessments. From a decree for complainants, defendant board appeals.

Case by Sarah P. Clark against the Grand Trunk Western Railway Company for negligently burning plaintiff’s buildings. There was judgment for plaintiff, and defendant brings error. In three counts of plaintiff’s declaration it is charged that fire from one of defendant’s locomotive engines was negligently cast upon and set fire to the premises of plaintiff.

Trespass quare clausum fregit by George B. Holmes and John Nicholson, copartners as Holmes & Nicholson, against Henry N. Loud, George A. Loud, and Edward F. Loud, copartners as H. M. Loud’s Sons Company. There was judgment for plaintiffs, and defendants bring error.

), J. Assumpsit by Ignatius Meagher, William J. Meagher, and Nicholas Meagher, copartners as Meagher Bros.,, against John P. Cowing for goods sold and delivered. There was judgment for plaintiffs for less than the amount claimed, and they bring error.

Case by James A. Merrill against David C. Leisenring for alienating the affections of plaintiff’s wife. There was judgment for plaintiff, and defendant brings error.

Case by Harry Brown against Isaac E. Evans for the alienation of the affections of plaintiff’s wife, and for criminal conversation. There was judgment for defendant, and plaintiff brings error. Plaintiff in his declaration charged defendant with the alienation of his wife’s affections and criminal conversation with her.

, presiding. Bill by Esther L. Cusick against Edwin R. Spencer and the People’s Savings Bank of Belding to declare a conveyance absolute in form to be a mortgage, and for an accounting. From a decree for complainant, defendant Spencer appeals.

Bill by Ira Starkweather and others against Willis Chatfield, drain commissioner of Lenawee county, to restrain the construction of a drain. From a decree dismissing the bill, complainants appeal.

Case by Marie Hilliker against Ray A. Farr, principal, and Reuben B. Farr and Olof .Ingstrom, sureties, and James E. Denoyer, principal, and Clause Freese and Albert Miller, sureties, and Fred Noack, under the civil damage act. There was judgment for plaintiff against defendants Freese, Miller, and Noack, and they bring error.

Assumpsit by A. H. Moffet against John Sebastian for his proportion of a joint promissory note. There was judgment for plaintiff, and defendant brings error.

Bill by the Cuba Colony Company against Adolphus D. Kirby, Charles H. Howard, and Harriet E. Howard for the cancellation of certain shares of stock on the ground of fraud. From a decree for complainant, defendants appeal.

Mary A. Hanes was convicted of peddling without a license, and sentenced to pay a fine of $50 or in default thereof to 30 days’ imprisonment in the county jail.

Leo Brock was convicted of stealing from a railway car, en route, under 3 Comp. Laws, § 11G33, and sentenced to imprisonment for not less than 2£ nor more than 5 years in the State prison at Jackson.

Clair; Law, J. Assumpsit by Elizabeth Mudge against the Supreme Court Independent Order of Foresters upon a benefit certificate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Case by Robert White against the- Owosso Sugar Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Bill by Vital E. Bangs and others against Ella Browne, and Robert J. Williamson and J. Davidson Burns, executors of the last will and testament of Henry Brees, deceased, and the Kalamazoo Savings Bank, to reopen an estate, and for an accounting. From a decree dismissing the bill, complainants appeal.

Assumpsit by Louis Lonier and William J. Hoffer, co-partners as Lonier & Hoffer, against the State Savings Bank for money had and received. There was judgment for defendant on a verdict directed by the court, and plaintiffs bring error.

Bill by Bertrand W. Bansier, John Funke, and William Smith against Mary L. Dwyer, executrix of the last will and testament of John M. Dwyer, deceased, to rescind a land contract on the ground of fraud. From a decree for complainants, defendant appeals.

Bill in aid of execution by Hiram P. Webster, George W. Webster, Fred C. Cobb, Charles S. Cobb, and Miny E. Miller, copartners as Webster, Cobb & Co., against the Ypsilanti Canning Company, and Robert W. Hemp-hill, trustee. From the decree rendered, complainants appeal.

Trespass quare clausum fregit by the North Michigan Land & Live Stock Company against Otis S. Kneeland. There was judgment for plaintiff, and defendant brings error.

Bill by Margaret A. Hull against John Hull, executor of the last will and testament of Tyler Hull, deceased, to set aside a contract on the ground of fraud. From a decree dismissing the bill, complainant appeals.

Case by William Roberts against the First National Bank of Yale for fraud. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Assumpsit by Thad B. Preston against Cassius C. Newcomb and Herbert B. Webber for the amount of certain bonds. There was judgment for plaintiff, and defendants bring error.

Bill by Clara Gillett and Charles Gillett against John J. Maser, executor of the last will and testament of William S. Allen, deceased, and others, for the specific performance of a land contract. From a decree dismissing the bill, complainants appeal.

Assumpsit by the Keeley Institute Company of West Michigan against Louise B. Shaw for breach of contract to repair. There was judgment for plaintiff, and defendant brings error.

Assumpsit by Charles V. Taylor against the R. D. Scott & Company for breach of contract of sale. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Case made from Wayne; Donovan, J. Assumpsit by the city of .Detroit against the Detroit Manufacturers’ Railroad for taxes. There was judgment for plaintiff, and defendant appeals.

Cross-appeals from St. Clair; Tappan, J. Bill by Herman W. Stevens, Fannie F. Mitchell, and Jennie J. Wilson against the city of Port Huron to set aside an assessment for a sprinkling tax. From a decree sustaining defendant’s demurrer as to complainant Stevens, and overruling the demurrer as to complainants Mitchell and Wilson, complainant Stevens and defendant appeal.

Bill by Henry E. Beaton against the township of Inland and Edward Smock for a determination of the amount received as township treasurer by complainant from defendant Smock, for a cancellation of a receipt, and for a determination of the amount belonging to the township in the hands of defendant Smock. From a decree sustaining a demurrer as to defendant township, and overruling the demurrer of defendant Smock, he appeals. Complainant is treasurer of the township of Inland.

Assumpsit by Henry H. Gore against the Canada Life Assurance Company for agent’s commissions. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

), J. Assumpsit by John J. Steiner against the Supreme Court of the Independent Order of Foresters on a policy of insurance. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Assumpsit by John A. Hodges against the Valley City Desk Company for services rendered. There was judgment for plaintiff, and defendant brings error.

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

<p>Judges — Disqualification—Motion for Change — Discretion.</p> <p>On certiorari to review a judgment of the recorder’s court of Detroit, the error relied upon was the denial of a motion that the presiding judge assign the cause for trial before another judge of that court or before one of the circuit judges, on account of his bias, prejudice, and interest. The movant relied entirely upon a newspaper article purporting to be based upon an interview with the judge, but there was no proof that the statements in the article were actually made, and the judge in denying the motion said he was not prejudiced, and nothing occurred at the trial indicative of prejudice. Held, that no abuse of discretion was shown.</p>

, presiding. Trover by Signa M. Benson against Richard J. Bawden, Jr. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Bill by the Detroit Leather Specialty Company against the Michigan Central Railroad Company and others to restrain an encroachment upon a private right of way. From a decree dismissing the bill, complainant appeals.

Bill by Charles Bunn against John W. Kernen to restrain the continuation of a certain business, and for an accounting. From a decree dismissing the bill, complainant appeals.

Case by Alice D. Clement against Arthur O. Gr. Rommeck, impleaded with Crosby & Company, for personal injuries. There was judgment sustaining a demurrer as to defendant Rommeck, and plaintiff brings error.

Bill by Ada J. Hopkins, administratrix of the estate of Sampson P. Jaquith, deceased, against William Ormsby and Eliza Ormsby to set aside a deed. Prom a decree for complainant, defendants appeal.

), J. Garnishment proceedings by Allaseba M. Bliss and Lorenzo T. Durand, executors of the last will and testament of Aaron T. Bliss, deceased, against the Caille Brothers Company, Wilber W. Steele, and A. Arthur Caille, copartners as the Caille Company, and Wilber W. Steele, A. Arthur Caille, and Adolph A. Caille, as garnish ee defendants of Silas W. Tyler and Fred B. Tyler. There was judgment for plaintiffs, and defendants bring error.

Bill by Clark H. Gleason, trustee, against Albert Stone-house and Matie Stonehouse to set aside a deed, and for an accounting. From a decree for defendants, complainant appeals.

Assumpsit by William Friedman against John T. Adams for an amount due upon a written order. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Julia Coleman presented a claim against the estate of Elizabeth McGowan, deceased, for services rendered. The claim was allowed by the commissioners, and contestant appealed to the circuit court. There was judgment for claimant, and contestant brings error.

Petition by Thomas I. Daniel against the Citizens’ Mutual Fire-Insurance Company of Jackson and James V. Barry, commissioner-of insurance, to file a bill of review. From a decree denying the petition, petitioner appeals.

Debt by William Culver against the Fidelity & Deposit Company of Maryland for the amount of an appeal bond. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

, presiding. Bill by Lowry Cameron against Frank W. Shumway for the specific performance of an agreement for the sále of certain land. From a decree dismissing the bill, complainant appeals.

Bill by Edith Durfee Grindling against Richard Rehyl, administrator of the estate of Anna B. Risch, deceased, and Charles Risch, individually, and as guardian ad litem of Anna E. Risch, for the specific performance of a parol contract. From a decree sustaining a demurrer to the bill, complainant appeals.

Ejectment by Wilhelmina S. A. Heiss against Milton B. Adams, colonel of the United States army, in charge of the United States engineer’s office at Grand Rapids, and the Portage Point Assembly. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error.

Thomas L. Chamblinwas arrested and bound over for trial in the circuit court on a charge of assault with intent to commit statutory rape. There was an order denying a motion to quash, and he brings certiorari.

<p>Appeal from Emmet; Shepherd, J.</p> <p>Bill by the J. W. Reedy Elevator Manufacturing Company against Blanche T. Peck and others to enforce a mechanics’ lien. From the decree rendered, complainant appeals.</p>

Stuart, J. Proceedings by the city of Grand Rapids against Clara M. Coit and others to condemn land for street purposes. There was judgment confirming the award of the jury, and defendants appeal.

Condemnation proceedings by the Detroit United Railway against the Barnes Paper Company. There was an order dismissing the petition, and petitioner brings certiorari.

Case by George C. Fleckinger against Thomas Tafi'ee for malicious prosecution. There was judgment for plaintiff, and defendant brings error.

<p>Wills — Implied Revocation — Divorce.</p> <p>A divorce and settlement of their property rights between husband and wife operates ipso facto to revoke his will previously made, and no subsequent act of the testator not accompanied by the solemnities requisite for the making of a valid will will revive it.</p>

<p>1. Mechanics’Liens —Abandonment of Contract — Cost of Completion — Prorating Liens.</p> <p>Where a building contractor abandons his contract after the owner has made payments to him without requiring of him the statement as to liens, etc., and the owner completes the building, and the amounts paid by the owner and disbursed by the contractor to laborers and materialmen is ascertainable, that sum, together with the cost of completing the building and the outstanding liens, divided into the contract price, gives the per cent, of each lienor’s claim which he is entitled to recover.</p> <p>2. Same — Nonperformance—Waiver—Loss of Rent.</p> <p>The owner is not entitled to recoup for loss of rent where he has waived his right to insist upon the completion of the contract on the date stipulated.</p>

, presiding. Bill by Ellis Blackmore and others against George E. Thompson to set aside a deed. From a decree dismissing the bill, complainants appeal.

Assumpsit by the Michigan Shoe Compaúy against Philip A. Paul and John Zimmerman, copartners as Paul & Zimmerman, upon a promissory note and for goods sold and delivered. There was judgment for defendants, and plaintiff brings error.

Bill by the Ideal Manufacturing Company against Martin Ludwig and others to enjoin an interference with complainant’s business: On. petition, Charles Hamlyn was adjudged guilty of contempt in violating the temporary injunction, and sentenced to imprisonment for 10 days in the county jail.

Mandamus by the Montpelier Savings Bank & Trust Company to compel James Quinn, treasurer of the city of Au Sable, to turn over certain moneys collected for the payment of a judgment.