Volume 151 — Michigan Reports

Bill by Leander Simmons against Byron G. Day to restrain the cutting of certain timber, to quiet title, and for an. accounting. From a decree dismissing the bill, complainant appeals. In his bill, complainant avers ownership and, since the date of his deed in 1863, continued occupancy of land described as the southeast fractional quarter of section three in Pine Grove township, Yan Burén county.

Case by Judson M. Lee against John Andrews for alienating the affections of plaintiff’s wife. There was judgment for plaintiff, and defendant brings error.

Bill by Blanche W. Hull and Frances E. Hull against James W. Osborn, Joseph -A. Pitkin, and Arthur L. Pratt, executors of the last will and testament of Joseph B. Wyckoff, deceased, for a construction of said will. From an order sustaining a demurrer to the bill, complainants appeal.

Case by Charles Cascarella against the National Grocer Company and Charles R. Nesen for malicious prosecution. There was judgment for plaintiff, and defendants bring error. This is an action for malicious prosecution. The trial resulted in a verdict for plaintiff for 1500. Plaintiff kept a small retail confectionery store in Lansing.

<p>Case made from Chippewa; Steere, J.</p> <p>Bill by John K. Stack against the Detour Lumber & Cedar Company to foreclose a mortgage. From a decree for complainant, defendant appeals'.</p>

G.), J. Assumpsit by Charles Woods against Lizzie M. Palmer, Thomas W. Palmer, and Joseph A. Whittier, individually and as administrator of the estate of Joseph B. Whittier, deceased, for commissions on the sale of certain tim-j her. There was judgment for plaintiff, and defendants bring error.

Error, to Alpena; Emerick, J. Assumpsit by August Alexier, Jr., against William Matzke for work and labor. There was judgment for plaintiff, and defendant brings error.

Debt by the people of the State of Michigan, for the use and benefit of Alpheus Reynolds, surviving partner of the firm of Nichols & Reynolds, against Edward Banhagel, principal, and Seymour B. Gorham and Levi Marshall, sureties, upon a statutory bond. There was judgment for plaintiff on a verdict directed by the court, and defendants bring error. Edward Banhagel contracted, in writing, March 20, 1901, to' build a school house for $9,900.

Submitted November 19, 1907. Case by William H. Goode against James C. Eslow for malicious prosecution. There was judgment for plaintiff, and defendant brings error.

<p>Error to Lapeer; Smith, J.</p> <p>Case by Herbert W. Smith against Albion W. Hubbell for libel. There was judgment for plaintiff, and defendant brings error.</p>

Case by Adelaide Kaufman against the State Savings Bank for the negligent cashing of a check and draft.. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Bill by Herbert Bagnall, Henry C. Colburn, and Elias W. Wardell against Louis A. Young and Esther M. Young to enjoin the violation of a building restriction in a deed. From a decree for complainants, defendants apapeal.

Mandamus by George E. Luther to compel Alfred Wolcott, circuit judge of Kent county, to amend a judgment and grant a stay of execution pending an appeal.

<p>1. Insane Persons — Guardianship—Special Guardians — Procedure.</p> <p>Where an application is made under section 8710, 3 Comp. Laws, for the appointment of a" special guardian for an incompetent person, pending appeal from the appointment of a. general guardian, in which the issue of incompetency has been determined, it is not necessary that there shall be a new-hearing and a new determination of that issue.</p> <p>2. Same — Special Guardian — Appointment — Discretion of Court.</p> <p>Where a general guardian, appointed pursuant to proceedings regular in form, is interfered with in the performance of his duties by an appeal or otherwise, the question of appointing a special guardian is addressed to the sound discretion of the court and is determined by the apparent condition of the ward,, or of his estate, or both.</p> <p>8. Same — Auxiliary Proceeding — Sufficiency of Showing.</p> <p>The application for a special guardian in such case is auxiliary to the proceedings for a general guardian, and the necessary showing may be made by the proofs produced at the hearing upon the original application. .</p> <p>4. Same — Premature Application.</p> <p>Proceedings for a special guardian are not premature because taken before the appeal from the appointment of the general guardian is perfected.</p> <p>5. Same — Application—Persons Entitled.</p> <p>Jurisdiction to appoint'a special guardian does not depend upon the particular relationship to the alleged incompetent of the person suggesting or applying for the appointment of the special guardian.</p> <p>6. Same — General Guardian — Application—Persons Entitled.</p> <p>Under section 8709, 3 Comp. Laws, the person applying for the . appointment of a general guardian of an incompetent person need not be a blood relative, the words “relations or friends” in the statute having a broader meaning than the single word “relations.”</p>

Quo warranto proceedings by John E. Bird, attorney general, against Sim J. Lewis to try the title to the office of school commissioner of Otsego county.

Bill by the village of Frankfort against Frederick Schmid, surviving partner of Mack & Schmid, to enjoin the negotiation of certain bonds, and for the surrender and cancellation of the same. Defendant filed an answer in the nature of a cross-bill to determine the legality of said bonds. From an order overruling a demurrer to the cross-bill, complainant appeals.

Mandamus by John A. Hicks to compel the board of trustees of the village of Perry to accept a liquor bond. There was an order granting the writ, and respondent brings certiorari.

Mandamus by Harry A. Harrison to compel the board of supervisors of Chippewa county to audit and allow certain claims for trying criminal cases. There was an order denying the writ, and relator brings certiorari.

), J. Case by August Carlston against Glenn Ryan and the Norris Auto Company for personal injuries. There was judgment for plaintiff, and defendants bring error.

Bill by William H. Warren against John E. Warren and others for a partition of certain real estate, for the appointment of a receiver, and to set aside certain deeds. From a decree dismissing the bill, complainant appeals.

Case by George H. Jarrait against Louis M. Peters for damages for refusal to give possession under a lease: On motion to vacate the taxation of costs.

Case by Seward L. Wheaton against the Wagner Lake Ice & Coal Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Clair; Tappan, J. Bill by Cornelius O’Donnell against Fred B. Wade and Thomas Moore to remove a cloud upon title to land. From a decree dismissing the bill, complainant appeals.

Assumpsit by Charles L. Fox against Robert C. Bialy for work and labor. There was judgment for plaintiff, and defendant brings error.

Proceedings by the city of Grand Rapids against Clara M. Coit and others to condemn land for street purposes: On motion for a retaxation of costs.

Petition by Etta M. Small for an appeal from the order of the probate court allowing the final account of Millard D. Olds, administrator of the estate of Julia Small, deceased. There was an order denying the petition, and petitioner brings error.

<p>Alteration of Instruments —Deeds —Evidence — Sufficiency. On a bill to protect complainant’s homestead rights in certain land against a certain deed executed by complainant'and her husband and delivered to defendant for a third person, evi- ■ dence examined, and held, that the finding of the circuit judge that the name of the original grantee had been erased and another name substituted after the delivery of the deed would not be disturbed.</p>

Mandamus by Erwin T. Muir to compel Flavius L. Brooke, circuit judge of Wayne county, to vacate an order holding to bail, and denying a motion to quash a writ of capias ad respondendum.

Assumpsit by Florence Foss against David A. Brown for breach of promise to marry. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

<p>Mandamus by George Geddis to compel Joseph W. Donovan, circuit judge of Wayne county, to vacate an order setting a case for trial.</p>

<p>Deeds — Building Restrictions — Construction.</p> <p>On a bill to restrain the erection of a building in violation of certain alleged building restrictions in defendant’s deed, and in violation of the general plan of improving the subdivision in which the parties’ lots were located, evidence examined, and held, that defendant’s deed contained no restriction with respect to the erection of a dwelling to be occupied by more than one family, and that the general plan as to building not nearer than 10 feet from the side lines of the lots had been abandoned by all parties, including complainants.</p>

C. A. Kent, Bryant Walker, Mark Sloman, Milton Sloman, and Samuel A. Sloman were convicted of violating an ordinance, and each sentenced to pay a fine of $25. Affirmed as to defendants Sloman, and reversed as- to defendants Kent and Walker, and said defendants discharged.

Bill by Frances A. Nolan against John W. Garrison, Mary Garrison, and Charles Thurman, guardian of said John W. Garrison, for the reconveyance of certain real estate, and for an accounting. From a decree for complainant, defendants appeal.

Assumpsit in justice’s court by the International Textbook Company against W. H. Schulte for breach of a contract for correspondence instruction. There was judgment for defendant, and plaintiff appealed to the circuit court by writ of certiorari. There was judgment affirming the judgment of the.justice, and plaintiff brings error.

Case by Edwin Nash and Ernest Nash, copartners as Edwin Nash & Son, against Marvin E. Kenyon for damages caused by the illegality of certain drain proceedings. There was an order sustaining a demurrer to the declaration, and plaintiffs bring error.

Bill by Merrit Chandler and others against Lewis E. Clark and others to quiet title to certain land. From a decree for complainants, defendants appeal.

Assumpsit by John F. Sterling against the Aultman Engine & Thresher Company for commissions on the sale of certain machinery. There was judgment for plaintiff, and defendant brings error.

Roe T. Ryder was convicted of larceny, and sentenced to imprisonment for not less than one nor more than five years in the house of correction at Ionia. Defendant was convicted of the larceny of certain hides, of the value of $85, from the slaughter house of one L. Q. Ocobock and charged to be the property of said Ocobock.

<p>1. Indians — Intoxicating Liquors — Sales —Persons op Indian Descent.</p> <p>Section 5391, 3 Comp. Laws, prohibiting sales of liquor to any Indian or “person of Indian descent,” prohibits a sale to the offspring of a, white father, citizen of the United States, and an Indian mother, though the buyer sustains no tribal relations and is a citizen of the United States and of the State, of Michigan.</p> <p>3. Same — Constitutional Law — Police Powers — Indian Citizen.</p> <p>It is competent for the State, in the exercise of its police powers,, to prohibit sales of intoxicating liquors to Indians and persons of Indian descent, though they are citizens of the United States and of this State.</p>

<p>1. Criminal Law — Trial—Instructions—Reasonable Doubt.</p> <p>It is only necessary that the jury should be satisfied beyond a reasonable doubt of the guilt of a person charged with crime, and it is not necessary for the court to charge as to each element of the offense that it must be proved to a moral certainty.</p> <p>2. Larceny — Property Found — Intent—Time of Forming.</p> <p>In a prosecution for the larceny of money lost by the complaining witness and found by defendant, instructions that to warrant a verdict of guilty the jury must be satisfied beyond a reasonable doubt that defendant formed the intent to steal the money at the time of finding it, and that if he did not form the intent to steal until afterwards the verdict should be “not guilty,” are sufficient on that branch of the case.</p> <p>3. Criminal Law — Instructions—Duty of Jurors — Majority Verdict.</p> <p>Where a jury came in after being out for a time and the court instructed them concerning the propriety of the minority considering with seriousness whether they were not wrong and the majority right, and stated that no juror should yield his well-grounded convictions or violate his oath, that if upon further consideration a juror could not conscientiously yield he should not do so, the instructions are not open to the objection that they call for a majority verdict.</p>

Bill by tbe Gartb Lumber & Sbingle Company and others to restrain Ole Johnson and others from interfering with complainants’ sorting logs and other forest products in a navigable stream. From an order granting a temporary injunction, defendants appeal.

Mandamus by William J. Stapleton to compel Byron R. Erskine, circuit judge of Macomb county, to vacate an order denying an appeal from the probate court.

Case by Louis B. Amoe against the Great Lakes Engineering Works for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Assumpsit by F. Archer Hinchman against the Matheson Motor Car Company on a contract of employment. There was .judgment for plaintiff, and defendant brings error. The defendant, a Michigan corporation, in 1904 had its manufacturing plant at Holyoke, Mass. It desired to remove it to Detroit, Mich. Negotiations were entered into between the defendant through its manager, Mr. Matheson, and plaintiff who was a resident of Detroit.

Bill by Michael L. McCarron and Ellen H. McCarron against Frank D. Wheeler for an accounting. From á decree dismissing the bill, complainants appeal. Complainants were once the owners of the lands involved in this suit. They were covered by mortgages amounting on March 1, 1898, to $3,674, which they were unable to pay. They applied to the defendant for assistance. Defendant let complainant Michael have the above amount.

Assumpsit by Violet M. Hare, administratrix of the estate of Alonzo W. Young, deceased, against the Workingmen’s Mutual Protective Association on a policy of insurance. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Assumpsit by Mordred C. Dolsen against the Phoenix Preferred Accident Insurance Company on a policy of insurance. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Assumpsit by the People of the State of Michigan, for the use and benefit of the J. E. Bartlett Company, against Stephen H. Carroll and Carl Eberle, sureties upon a statutory bond. There was an order overruling a demurrer to the declaration, and defendants bring error. This case is before us on a judgment overruling a demurrer to the declaration.

Case by Grace G. Rouston against the Detroit United Railway for personal injuries. There was judgment for plaintiff, and defendant brings error. Defendant operates an electric railway between Detroit and Pontiac, running through the village of Birmingham. Its passenger cars run on schedule ■ time. It also runs freight cars on no schedule time, but under the direction of the operator located at the village of Royal Oak. The freight cars follow the passenger cars.

Assumpsit by Frank B. Marshall against the United States Accident Association for services rendered. There was judgment for plaintiff, and defendant bripgs error.

Case by Herman Krohn against Joseph N. Smith & Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Assumpsit by Ruth Genrow against the Modern Woodmen of America on a policy of insurance. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Wesley Kirk was convicted of an assault with intent to do great bodily harm less than the crime of murder, and sentenced to imprisonment for not less than 2 nor more than 10 years in the State prison at Jackson.

, presiding. Case by Charles Eberts against the Detroit, Mt. Clemens & Marine City Railway and others for personal injuries. There was judgment for plaintiff against defendant Detroit, Mt. Clemens & Marine City Railway, and it brings error. Defendant is a common carrier of passengers upon an electric railway between the city of Mt. Clemens, Macomb county, and the city of Marine City, St. Clair county.

Bill by George R. Williams against Mary E. Olson and others to set aside certain notices of tax sales, and to restrain trespasses upon land. From an order denying a motion to strike an amended bill from the files, defendants appeal.

Bill in aid of execution by the Lansing State Savings Bank against E. J. Harrington and others. From a decree dismissing the bill, complainant appeals.

Bill by the township of Clarence and others against E. D. Dickinson, drain commissioner, and others to enjoin the construction of a drain. From a decree dismissing the bill, complainants appeal.

Assumpsit by Clarence H. Bennett against James H. Greenwood for services rendered. There was judgment for plaintiff, and defendant brings error.

Bill by the Godfrey Lumber Company against Philip A. Cole and others to enforce a mechanics’ lien. From a decree for complainant for less than the amount claimed, it appeals.

Cross-appeals from Washtenaw; Kinne, J. Bill by Sarah M. Sheldon, administratrix of the estate of Obediah Priest, deceased, against Charles R. Miller, individually, and as administrator of the estate of Amanda M. Priest, deceased, for an accounting. From the decree rendered, both parties appeal.

Mandamus by Ate Dykstra to compel Charles Holden, chairman of the republican city committee of Grand Rapids, to issue a call for a primary election in accordance with Act No. 135, Pub. Acts 1895. There was an order granting the writ, and respondent brings certiorari.

Mandamus by James E. Davidson, Charles L. Fox, Frank E. Tyler, Charles W. Handy, and Eugene A. Dickinson, constituting the bureau of public safety of Bay City, to compel Gustaves Hine, mayor, Charles J. Barnett, comptroller, Lovell U. Grant, recorder; E. E. Corliss, treasurer, and the common council of the city of Bay City to surrender the public records, etc., of the police and fire departments of said city.

Bill by the Kibbie Telephone Company to enjoin Frank Landphere and H. B. Hoagland from cutting, removing or destroying certain telephone wires. From an order sustaining a demurrer to the bill, complainant appeals.

Mandamus by James A. Robison, prosecuting attorney, to compel Joseph W. Donovan, Alfred J. Murphy, Morse Rohnert, George S. Hosmer, Henry A. Mandell, and Flavius L. Brooke, circuit judges of Wayne county, to designate one of their number to act as judge of the juvenile court of Detroit.

Mandamus by John H. Leach to compel Allen L. Whitbeck, sheriff, to grant relator certain jail privileges. There was an order denying the writ, and relator brings certiorari.

Mandamus by John J. Carton, president of the constitutional convention, to compel George A. Prescott, secretary of State, to submit the proposed Constitution at the November general election.

Mandamus by Henry E. Chase, deputy attorney general, to compel the board of election commissioners of Wayne county to submit a proposed amendment to the Constitution to the people at the April election.

Bill by Minnie Clark and Chauncey R. Clark against the E. C. Clark Machine Company, Ernest C. Clark, William S. Wells, and Harvey J. Wells to set aside the sale of certain corporate stock, and to enjoin the foreclosure of a mortgage. Defendants Wells filed an answer in the nature of a cross-bill for the foreclosure of a mortgage, and the appointment of a receiver. Fairbanks, Morse & Company and others petitioned to intervene as creditors of defendant corporation.

Assumpsit by the Commercial Milling Company against the Western Union Telegraph Company for failure to deliver a message. There was judgment for plaintiff, and defendant brings error.

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 judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Bill by Charles M. Clute, administrator of the estate of Melvin L. Clute, deceased, against Mary E. Wheaton and Russell E. Clute to construe certain deeds and leases, a partition of real estate, and for an accounting. From a decree dismissing the bill, complainant appeals.

, presiding. Quo warranto proceedings by the People of the State of Michigan, on the relation of John E. Bird, attorney general, against the Michigan Sanitarium & Benevolent Association to determine the liability of respondent for taxes. There was an order overruling a demurrer to the information, and respondent brings certiorari.

Assumpsit by John Grant, administrator of the estate of Archibald Grant, deceased, against Frank Maslen, executor of the last will and testament of Andrew Anderson, deceased, for money paid. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Quo warranto proceedings by John E. Bird, attorney general, on the relation of the city of Monroe, against the Toledo & Monroe Railway, the Monroe Traction Company, and the Detroit, Monroe & Toledo Short Line Railway for the forfeiture of certain franchises. There was judgment dismissing the petition, and petitioner brings error.

Garnishment proceedings by the Musselman Grocer Company against the Kidd, Dater & Price Company as garnishee of Frank B. Ford. ■ There was judgment for plaintiff, and the garnishee brings error.

Assumpsit by Walter H. Hunkins against Frank W. Kent for work and labor. There was judgment for plaintiff, and defendant brings error.

Case by Clark E. Rogers' against William Fowler, James Mott, and Frank Waterson for the negligent burning of plaintiff’s barn. There was judgment for plaintiff, and defendants Mott and Waterson bring error.

Case by Hattie Rosenthal against Gustave Rosenthal, Fannie Rosenthal, and Moses Jacobs for conspiracy to prevent plaintiff’s husband from living with her. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error.

Proceedings by the commissioner of highways of the township of Hope against Alta L. Ludwick and others to establish a highway. There was judgment for plaintiff, and defendants bring error.

Bill by Rudolph Schmolt and others to enjoin Ludwig Nagel and others, trustees, from closing an alley. From a decree dismissing the bill, complainants appeal.

Mandamus by Henry Baar to compel the board of supervisors of Ottawa county to allow certain claims for articles furnished in cases of contagious diseases. There was an order denying the writ, and relator brings certiorari. In 1903 an epidemic of smallpox .prevailed in the city In 1906, relator obtained certificates of the board of health of the city and presented the claims to the respondent claiming that it was the duty of the county to pay them under 2 Comp.

Assumpsit by Martin Rogan against Charles Gustafson, principal, and Alex Dalpra and Fred Reindl, sureties, on a bond. There was judgment for plaintiff, and defendants bring error.

Eliza Leffingwell presented for probate the last will and testament of Amelia M. Bettinghouse, deceased. The will was allowed in the probate court, and Henry O. Bettinghouse a<nd others appealed to the circuit court. There was judgment for proponent on a verdict directed by the court, and contestants bring error.

Case by Bertha J. Winkleman, administratrix of the estate of Fritz Carl. Salzwedel, deceased, against the city of Adrian for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.

, presiding. Summary proceedings by Mary Gensler against George Nicholas for the possession of certain real estate. There was judgment for complainant, and defendant brings error.

Bill of interpleader by the State Bank of Croswell against Samuel Johnson, administrator of the estate of Thomas Parker, deceased, and Alice Parker, to determine the title to a certificate of deposit. From a decree for defendant Johnson, defendant Parker appeals.

Case by John A. Seeley against Swift & Company for damages to plaintiff’s horse and buggy. There was judgment for plaintiff, and defendant brings error.

Bill by Samuel G. M. Gates against the Detroit & Mackinac Railway Company for an injunction. From an order granting a preliminary injunction, and an order denying a motion to dissolve, defendant appeals.

Assumpsit in justice’s cohrt by David L. Walmsley against Edward A. Bowman for work and labor. Judgment of nonsuit was entered in favor of defendant, and plaintiff appealed to the circuit court. There was an order granting a motion to dismiss the appeal, and plaintiff brings error.

Bill by the Detroit Mineral Bath Company against the Stroh Brewery Company to enjoin the closing of an alley. From a decree for complainant, defendant appeals.

Case by Arthur L. Corey, administrator of the estate of Hiram Bradish, deceased, against the Joliet Bridge & iron 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.

Judgment creditor’s bill by the Clark-Jewell-Wells Company against William Tolsma and others. From a decree dismissing the bill, complainant appeals.

, presiding. Case by Flora A. Mercer against the Cincinnati Northern Railroad Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Assumpsit by Henry G. Obenauer against Selig Solomon on a contract for the sale of certain timber.' There was judgment for plaintiff, and defendant brings error. Plaintiff recovered a verdict and judgment in the trial court.

<p>1. Criminal Law — Appeals—Brief—Statement of Facts — Necessity — Court Bule.</p> <p>Where, in. a criminal case, the brief of appellant does not contain a clear and concise statement of the facts of the case, distinct from argument, and of the errors upon which he relies, as required by Supreme Court Bule 40, the court will rely upon the statement in the brief for the people.</p> <p>3. Intoxicating Liquors — Keeping Open on Sunday — What Constitutes.</p> <p>Where a saloon keeper lived with hjs family in rooms over his saloon, to which access was had by means of a stairway leading from a room communicating with other rooms used in connection with the bar, the presence of persons on Sunday in the rooms used in connection with the bar constitutes a failure to keep his saloon closed on Sunday as required by the statute.</p> <p>3. Same — Instructions—Propriety.</p> <p>Instructions to the effect that the rooms which must not be opened on Sunday are those in which it was customary or defendant’s practice to serve from the barroom construed, and held, not objectionable as directing the jury that if wine or beer had ever been served in defendant’s living rooms, he and his family would have had to go away from home and stay away after ten o’clock at night and on Sundays.</p> <p>4. Criminal Law — Trial—Argument of Counsel — Good-Faith Claim as to Law.</p> <p>A good-faith claim by the prosecuting attorney, in arguing a criminal case, that the people would be entitled to a conviction under a certain state of facts, is not ground for reversal though the claim was too broad.</p> <p>5. Same — Appeal—Waiver of Objection..</p> <p>Where the prosecuting attorney stated his reasons in open court for leaving the name of the complaining witness off the information and not producing him as a witness, and defendant insisted generally that the showing was insufficient and asked for a dismissal, the objection that the showing was not under oath was waived.</p> <p>6. Same — Witnesses—Indorsement on Information.</p> <p>Where the complaining witness in a prosecution under the liquor law absconded immediately after making the complaint, and the officers were unable to find him, and he was not produced on the examination, and diligent search failed to discover him before the trial, there was sufficient excuse shown for leaving his name off the information and no.t producing, him at the trial.</p> <p>7. Same — Discretion of Court — Continuance — Change of Venue.</p> <p>Rulings on motions for continuance and change of venue will not be disturbed in the absence of abuse of disóretion.</p>

Bill by John Dean and Thomas Dean against Charles Millard, highway commissioner, to enjoin the construction of a ditch. From a decree dismissing the bill, complainants appeal.

Petition by Fred E. Dewey against Eugenia M. Dewey to set aside an execution, levy, and sale. From a decree denying the petition, petitioner appeals.

Assumpsit by Bernard Cairbre against James McQuillan for money had and received. There was judgment for defendant, and plaintiff brings error.

Julius Bonninghausen, as executor, presented for probate the last will and testament of Theodore Hoffmann, deceased. The will was allowed in the probate court, and William Hoffmann, a nephew and heir at law, appealed to the circuit court. There was judgment for proponent on a verdict directed by the court, and contestant brings error.

<p>Mandamus by the Mutual Benefit Life-Insurance Company to compel James Y. Barry, commissioner of insurance, to withdraw his disapproval of certain policy forms.</p>

Assumpsit by the People of the State of Michigan against the Crucible Steel Company of America for the amount of a statutory penalty: On motion to vacate the order awarding costs against the State.

<p>Mandamus by Charles F. Smith to compel James B. Bradley, auditor general, to vacate a certificate of error.</p>

Petition by the board of education of the city of Detroit against Julia V. Moross and others to condemn certain real estate for a school site. From an order overruling demurrers to the petition, respondents bring certiorari.

Case by Rose E. Graham, administratrix of the estate of Justin E. Graham, deceased, against the'Detroit, Grand Haven & Milwaukee Railway Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error. So much damage was done to defendant’s roadbed, at points west of Owosso, by a severe rain storm, that on June 6, 1905, all trains over the division were annulled.

Case by Alfred Taylor against the city of Jackson for personal injuries. There was judgment for plaintiff, and defendant brings error.

Assumpsit by Anna Dahlin against the Knights of the Modern Maccabees for Michigan upon a policy of insurance. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Bill by the Detroit Lubricator Company against Joseph P. Lavigne and the Lavigne Manufacturing Company to set aside certain assignments of patents, for an accounting, and for general relief. From an' order sustaining the demurrer of defendant Lavigne Manufacturing Company, complainant appeals.

Assumpsit by the Abe Stein Company against James C. Wood for goods sold and delivered. There was judgment of nonsuit, and plaintiff brings error.

Assumpsit by the Electrical Appliance Company against the Standard Electric Company for goods sold and delivered. There was judgment for plaintiff, and defendant brings error.

Bill by A. J. Hoffman against Herbert Shell, drain commissioner, and David S. Streeter, township treasurer, to vacate certain drain proceedings, and to enjoin the collection of taxes. From a decree dismissing the bill, complainant appeals.

<p>Appeal from Branch; Yaple, J.</p> <p>Bill by William F. Cowham, special administrator of the estate of Edward Twiss, deceased, against John B. Shipman for an accounting. Prom a decree dismissing the bill, complainant appeals.</p>

Bill by Peter Malone against Sarah Malone, Elizabeth Malone, and Margaret Malone to compel the conveyance to complainant of certain real estate. From a decree dismissing the bill, complainant appeals.

Case by James Wade, administrator of the estate of Leo Wade, deceased, against the Detroit, Ypsilanti, Ann Arbor & Jackson Railway for the negligent killing of plaintiff’s intestate. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Case by Barthelmy Charron, administrator of the estate of Michael J. Moriarity, deceased, against the Union Carbide Company for the negligent killing of plaintiff's intestate. There was judgment for plaintiff, and defendant brings error. The defendant is engaged in the manufacture of calcium carbide, a commercial product used in the generation of acetylene gas, a brilliant illuminant, extensively used in the various forms of commercial lighting.

Case by Pasquell Mascitelli, administrator of the estate of Petri Alphonsi, deceased, against the Union Carbide Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.

Garnishment proceedings in justice’s court by Thomas Toner against Jerry Conger and C. W. Tallent, copartners as Conger & Tallent, garnishee defendants of Elijah Toner, and Jack Toner, claimant of the property. There was judgment for plaintiff, and claimant appealed to the circuit court by writ of certiorari. There was judgment dismissing the writ, and claimant brings error.