Volume 154 — Michigan Reports

Chittenden against the Western Union Telegraph Company for rent. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.

Case made from Kent; Sessions, J., presiding. John F. Wilkinson, deputy auditor general, appealed to the circuit court from an order of the probate court determining the amount of inheritance tax due the State from the estate of E. Crofton Fox, deceased. There was judgment overruling the order of the probate court, and the estate appeals.

Assumpsit by Jacob Mastenbrook against the United States Accident Association on a policy of insurance. There was judgment for plaintiff, and defendant brings error.

Case by Frank Aldrich and Sarah E. Aldrich against Enoch W. Scribner for fraud and deceit. There was judgment for defendant on a verdict directed by the court,, and plaintiffs bring error.

Bill by the township of Summit against the city of Jackson to enjoin the use of a hospital for the treatment of infectious diseases. From a decree dismissing the bill, complainant appeals.

Alexander W. Blain filed his first annual account as executor of the last will and testament of August Bender, deceased. The account was allowed in the probate court, and certain heirs and legatees appealed to the circuit court. There was judgment disallowing certain items of the account on a verdict directed by the court, and the executor brings error.

Case by the Harrison Granite Company against the Pennsylvania Railroad Company for wrongful interference with plaintiff’s contract rights. There was judgment for plaintiff, and defendant brings error.

Case by Laughlin Johnson, administrator of the estate of Margaret M. Johnson, deceased, against the city of Marquette for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.

Mandamus by the city of Kalamazoo to compel Walter Crawford, city assessor, to prepare an assessment roll and levy a special assessment for benefits to be derived from street sprinkling. There was an order granting the writ, and respondent brings certiorari.

Case by John Ridgeway against the city of Escanaba for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Bill by the Pierre Yiaus Maple Company to enjoin Arthur C. Bird, dairy and food commissioner, and another, from interfering with the sale of certain foods. From a decree overruling a demurrer to the bill, defendants appeal. Complainant is the manufacturer of a brand of syrup known as the “Pierre Yiaus Pure Canadian Maple Syrup and Cane Syrup;” the trade-mark being the letters “P. V.” The bill alleges that the Canadian pure maple syrup exceeds the amount of cane syrup.

Bill by Simeon Le Roy and another against Joel Collins to enjoin the closing of an alley. From a decree dismissing the bill, complainants appeal.

<p>Error to Schoolcraft; Steere, J.</p> <p>Trover by Jay L. Newberry and Lou J. Le Veque against the Chicago Lumbering Company of Michigan. There was judgment for defendant, and plaintiffs bring error.</p>

<p>1. Husband and Wife — Separation Agreement — Construction.</p> <p>Under a separation agreement by which the wife agrees to accept certain described property and release all claim and right to any and all property, real and personal, then owned by or thereafter to be acquired by the husband, and to release him from any obligation to support her, property owned by the wife in her own right remained her own, and personal property and household chattels originally the husband’s, or accumulated after the marriage by joint effort, and not mentioned in the agreement, remained the husband’s.</p> <p>2. Crops — Conveyance of Land — Effect.</p> <p>Where, pursuant to a separation agreement, a husband conveyed land to his wife without reservation of the crop growing theron, the title to the crop passed with the land.</p> <p>3. Evidence — Parol Evidence — Varying Writing — Separation Agreement. '</p> <p>In trover by a wife against her husband for the value of property taken away by him subsequent to the execution of a separation agreement in writing, parol evidence is not admissible to show that the writing did not contain all of tho agreement.</p> <p>4. Trover and Conversion — Evidence—Title to Property:</p> <p>It was competent for the attorney employed by the parties mutually to draw the separation agreement to testify that the husband stated that the household goods belonged to the wife.</p> <p>5. Husband and Wife — Separation — Wife’s Property — Removal by Husband.</p> <p>Where, after the execution of a separation agreement settling their property rights, the husband took away property belonging to the wife, she was entitled to recover its market value, but she was not entitled to recover for property belonging to a third person.</p> <p>6. Same — Statutes—Application.</p> <p>Sections 8693 and 10333, subds. 7 and 9, 3 Comp. Laws, have no application to the rights of husband and wife under a separation agreement, and do not prevent a division of property between them or the sale or release by her to him of her interest in the property.</p>

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

, presiding. Bill by Sarah E. Pratt,'special administratrix of the estate of Delia Stata, deceased, against Hattie A. Millard to set aside certain deeds. Held: and entered a decree dismissing the bill without taking any testimony.

<p>1. Divorce — Jurisdiction—Residence oe Parties — Statutes — Construction.</p> <p>Section 8624, 3 Comp. Laws, is mandatory, and no court in this State has any authority to grant a decree of divorce unless it affirmatively appears that the complainant has resided within the State for one year immediately preceding the filing of the bill.</p> <p>2. Same — Residence—Intention—Eeeeot.</p> <p>In determining whether complainant in, a bill for divorce was a resident of the State as required by law, her intention as well as her acts must be considered; intention has always been given large consideration, but intention without acts to support it is not controlling.</p> <p>3. Same — Evidence—Sufficiency.</p> <p>On a bill for divorce, filed by the wife more than two years after her departure from her husband’s residence in this State, and within one month after her return to the State for the express purpose of instituting suit, evidence examined, and held, that she was not a resident of this State at the time of filing the bill.</p> <p>4. Same — Pleading—Admission oe Residence — Effect.</p> <p>In a suit for divorce, an admission in the answer of the allegation of residence in the bill cannot confer jurisdiction on the court, if the complainant is in fact a nonresident, nor does it preclude defendant from raising the question.</p>

<p>Partnership — Accounting—Propriety of Decree.</p> <p>On a bill for a partnership accounting, evidence examined, and held, to support the decree rendered.</p>

<p>Quieting Title — Evidence—Sufficiency.</p> <p>On a bill to quiet title to certain land, evidence examined, and' held, sufficient to support a decree for complainants.</p>

Bill by Fred C. Andrews against William H. Brace, David D. Cady, and Martin E. Galvin to rescind a sale of certain stock on the ground of fraud. From a decree dismissing the bill, complainant appeals.

Bill by William G. Triece against the city of South Haven to enjoin an encroachment upon complainant’s premises. From a decree for complainant, defendant appeals.

Bill by John Stuart against Joseph Greanyea and others to enjoin fishing in certain waters. From a decree for complainant, defendants appeal.

Petition by Arthur Phillips for the appointment of a guardian of the person and estate of Gertrude C. Phillips, an insane person. There was an order granting the petition, and respondent brings certiorari.

Assumpsit by Enewold A. Beuthien against Prank Alberts, Roy E. Alberts, and Earl Alberts, copartners as P. Alberts & Sons, fox commissions on the sale of certain land. There was judgment for plaintiff, and defendants bring error.

<p>Exceptions before judgment from St. Clair; Tappan, J.</p> <p>Frederick L. Hoffman was convicted of simple assault.</p>

Fahle Burman and others were convicted of violating an ordinance, and sentenced to pay a fine of $15 each.

Julius Van Driescbe 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 two years in the Detroit house of correction.

Assumpsit by Watson Reed against the Loyal Protective Association on a policy of insurance. There was judgment for plaintiff, and defendant brings error. Reversed.

, presiding. Bill by Julia S. Lattin, administratrix of the estate of Sylvester Lattin, deceased, against Joseph E. Gamble and Charles Jensen for an accounting, and for the appointment of a receiver. From a decree for complainant, defendant Gamble appeals.

Assumpsit by the Forest City Steel & Iron Company, against the Detroit & Toledo Shore Line Railroad Company for breach of a contract for the sale of certain building material. There was judgment for plaintiff, and defendant brings error.

<p>Appeal from Wayne; Donovan, J.</p> <p>Bill by John De Conick against Edward De Conick and others to set aside a deed. From a decree for complainant, defendants appeal.</p>

<p>Mandamus by the American Health & Accident Insurance Company to compel James V. Barry, commissioner of insurance, to renew relator’s license to do business in this State.</p>

Replevin by Charles P. A’Hern against William P. Lipsett. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Clair; Tappan, J. Assumpsit by John Q. Adams against the Harrington Hotel Company on a contract for certain advertising. There was judgment for defendant, and plaintiff brings error.

<p>Appeal and Error — Appeal prom Probate Court — Bond—Approval — Necessity Before Filing.</p> <p>Under sections 669, 670, 1 Comp. Laws, providing for appeals from probate court, the bond on appeal must be approved before filing, and must be filed with the notice or claim of appeal.</p>

, presiding. Bill by Leonard A. Waldron against Esther E. Merrill to establish a title in certain real estate, and for an accounting. • From a decree for complainant, defendant appeals.

Assumpsit by John Godkin against Joseph E. Weber for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. Plaintiff, a wholesale lumber dealer in Bay City, had a conversation over the telephone with the defendant, a retail lumber dealer in Detroit, on the evening of December 19, 1904, in regard to the purchase of certain lumber.

Assumpsit by John C. Young and Justice R. Pearson against Kate L. Hubbard and the Hubbard Land Company for commissions on the sale of real estate. There was judgment for plaintiffs and defendants bring error.

Bill by Mary H. Gaskill and others against Eugene J. Weeks, Charles C. Bloomfield, and Thomas A. Wilson, executors of the last will and testament of Chester Warriner, deceased, and others, for an accounting, and for a construction of said will. From a decree for defendants, complainants appeal. Modified and affirmed.

Bill by H. Jay Thompson, Oscar M. Smith, and Morris A. Knight, copartners as Jay Thompson & Company, against Mary Ann McKay and Eugene McKay to cancel a deed, and in aid of execution. From a decree for complainants, defendants appeal:

<p>Boundaries — Fences—Location by Parties.</p> <p>Where a fence has been claimed by defendant and his grantors to mark the true boundary between his land and plaintiff’s for nearly 50 years, and nothing is claimed to have taken place impeaching defendant’s adversary holding until long after he had occupied the land for 20 years, his subsequent willingness to have a contemplated new fence built upon a straight line, his joining with his neighbors in paying for a survey of the section, and later with plaintiff in employing the same surveyor to designate where the true line as established by the previous survey would fall, and his statement that he never claimed more land than his deed called for, do not impeach his title to the land enclosed by the fence, where he never admitted the correctness of the new boundary, and always claimed that what his deed called for was laid out upon the ground, and its boundary marked by the fence.</p>

Case by Charles H. Eillingham against the Michigan United Railways for personal injuries. There was judgment for plaintiff, and defendant brings error.

), J. Summary proceedings by John G. Tefft and others against Charles B. Tefft for the possession of certain real estate. There was judgment for defendant on a verdict directed by the court, and complainants bring error.

Trespass vi et armis by Ulysses S. Robinson against William Stimer and others. There was judgment for plaintiff, and defendants bring error. The undisputed facts are that plaintiff was vendee of certain lands, holding an executory contract for the purchase thereof. Unable to make a payment of principal and interest, due in April, 1906, he arranged with defendant William Stimer for the money.

Assumpsit by Joseph H. Clark, Arthur Jones, and William G-. Bryant, copartners as Clark, Jones & Bryant, against the township of West Bloomfield for services rendered. There was judgment for defendant,.and plaintiffs bring error.

Bill by Joseph C. Morris, administrator de bonis non of the estate of Charles L. Fish, deceased, against Tillie Yyse, Maud A. Kuhn, and Mary A. Richards to impress a trust upon certain real estate, and for an accounting. From an order, sustaining the demurrer of defendants Kuhn and Richards, complainant appeals.

Case made from Lenawee; Chester, J. Bill by Willard B. German and Ernest L. German against Thomas A. Camburn, executor of the last will and testament of Albert Camburn, deceased, and others, to enforce the specific performance of a contract. From a decree dismissing the bill, complainants appeal.

Case made from Muskegon; Sessions, J. Garnishment proceedings by the Pierson & Hough Company against Edwin A. Noret as garnishee of the A. Alberts Hardware Company. There was judgment for plaintiff, and defendant appeals.

Mandamus by Henry E. Chase, deputy attorney general, to compel John W. Adams, circuit judge of Kalamazoo county, to order the issuance of subpoenas in the usual form in criminal cases.

Mandamus by James B. Bradley to compel the board of State canvassers to proceed with a recount in accordance with relator’s interpretation of the primary election law. Prohibition and mandamus by Fred M. Warner to compel said board to refrain from recounting in accordance with a ruling of said board, and to proceed in accordance with relator’s interpretation of said law.

Condemnation proceedings by the Pere Marquette Railroad Company against the United States Gypsum Company and others. There was an order dismissing the petition for want of jurisdiction, and petitioner brings certiorari. After the decision of the case of United States Gypsum Co. v. Kent Circuit Judge, 150 Mich. 668, and by special permission of the court granted in. that decision, the case is now before us by writ of certiorari from the probate court.

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

. Case by Joseph Charette, administrator of the estate of Eugene Charette, deceased, against the village of L’Anse for the negligent killing of plaintiff’s intestate. There was judgment for defendant, and plaintiff brings error.

Bill by Marcus Feuerstein against Peter Richter and others to enjoin the casting of waters upon complainant’s land. From a decree dismissing the bill, complainant appeals.

Case by Ellen Fortin against the Bay City Traction & Electric Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Mandamus by William F. Garner to compel Frank E. Doremus, controller of the city of Detroit, to draw a warrant. There was an order granting the writ, and respondent brings certiorari.

<p>Case by Frank W. Scott against the University of Michigan Athletic Association and others for personal injuries: On motion for retaxation of costs.</p>

Mandamus by Charles Line to compel the board of election canvassers of Menominee county to reconvene and recount the ballots cast in said county.

Bill by Elijah Haney against Archie T. Miller, James B. Bradley, auditor general, and Elmer E. Gable, county drain commissioner, to redeem from a sale of land for taxes, and to quiet title. From a decree dismissing the bill, complainant appeals.

Thomas W. Corby presented his final account as executor of the last will and testament of W inifred Corby, deceased. The account was disallowed in part, and the executor appealed to the circuit court. There was judgment affirming the order of the probate court, and the executor and certain legatees bring error.

Case by Angelo Micari against the Monroe Stone Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Case by Lulu L. Little, administratrix of the estate of Alvah S. Little, deceased, against Bousfield & Company for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.

Bill by Sarah Mayer against Ignatz Mayer to enforce the terms of a decree for divorce. From a decree for complainant, and an order adjudging defendant guilty of contempt for noncompliance with said decree, defendant appeals. Decree modified, and contempt order set aside.

Assumpsit by John J. Jordan, William M. Jordan, and Frank E. Jordan, copartners as Jordan Bros. Co., against George E. Walker for breach of contract for the sale of certain pickles. There was judgment for plaintiffs, and defendant brings error.

Case by Alpha W. Welch against the Jackson & Battle Creek Traction Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

Assumpsit by Louis Ruthruff against Lewis N. Faust for goods sold and delivered. There was judgment for defendant, and plaintiff brings error.

Bill by Charles A. Ward against Samuel O. Davis, Katherine Davis, and Robert M. Grindley for the specific performance of a land contract. From a decree for complainant, defendants appeal.

Case by Cornelia Snyder against the Michigan Traction Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Case by Stefano Cristanelli, administrator of the estate of Stefano Cristanelli, deceased, against the Saginaw Mining Company for the negligent killing of plaintiff’s intestate. There was an order overruling a demurrer to certain counts of the declaration, and defendant brings certiorari. Affirmed.

Bill by Henry J. Adams against the Central City Granite Brick & Block Company, Otis C. Johnson, executor of the last will and testament of Lucy W. S. Morgan, deceased, the Lake-Ulricksen Company, and Marion A. Dayton to enforce a mechanics5 lien. From a decree for complainant, defendant Johnson appeals. Modified, and affirmed as to complainant, and reversed as to defendant Dayton.

), J. Mandamus by Frank T. Woodworth to compel the Old Second National Bank of Bay City and others, and the Maltby Cedar Company and others, to allow relator to inspect certain books, records, and documents. There were orders denying the writs, and relator brings certiorari.

Mandamus by William R. Borns to compel the boards of election commissioners of Alger, Luce, Schoolcraft, and Mackinac counties to place relator’s name upon the official republican ballot as a candidate for representative in the State legislature.

Bill by the village of Berrien Springs and others against Frank A. Ferguson and others to enjoin the building upon certain premises claimed as a park. From a decree for complainants, defendants appeal.

<p>. 1-. Railroads — Equipment—Conditional Sale — Contracts—Rec- ; ord — Bona Fide Purchasers.</p> <p>Where a buyer of electric-railway equipment upon a contract of conditional sale resold the same before paying for it, and the original contract of sale was not recorded as required by section 6336, 2 Comp. Laws, the seller or his assignee could not recover the balance of the purchase price from the last buyer without showing that such buyer was not a subsequent, bona fide purchaser for value without notice; but that fact being established, either the seller or his assignee could recover, in trover, the unpaid price.</p> <p>2. Sales — Conditional Sales — Bona Fide Purchaser — Demand. —Evidence.</p> <p>The receiver of a bank having bought the rights of the seller in a contract of conditional sale, and caused the assignment thereof to be made to plaintiff, and having demanded the return of the property from defendant, a purchaser from the original buyer, those facts, and that the transaction by the receiver was authorized by the court appointing him, were provable in an action of trover against the party in possession of the property to show the real party in interest, his authority, and the demand.</p> <p>3. Appeal and Error — Review —Record—Argument of Counsel.</p> <p>Where counsel did not go outside the record in his argument, and the language complained of was called out by comments of opposing counsel upon other testimony, which comments are not in the record, no cause for reversal arising from the argument appears.</p>

Mandamus by Charles Clark, administrator of the estate of William F. Clark, deceased, to compel Chester L. Collins, circuit judge of Bay county, to vacate an order staying proceedings in an action at law.

Mandamus by Theodore E. Mast to compel Edward D. Kinne, circuit judge of Washtenaw county, to enter an order adjudging certain persons guilty of contempt for failure to comply with the terms of a decree.

Mandamus by Elizabeth Clifton to compel Robert A. Smith, probate judge of Jackson county, to grant an appeal to the circuit court. There was an order granting the writ, and respondent brings certiorari.

Mandamus by Thomas J. Bresnahan, prosecuting attorney, to compel Walter H. North, acting circuit judge of Cass county, to set aside an order granting a change of venue.

<p>Venue — Change—Actions in Which Authorized — Condemnation Proceedings.</p> <p>Act No. 161, Pub. Acts 1907, authorizing a change of venue in any “cause” pending, was not intended to extend the jurisdiction previously existing, and hence did not authorize a change of venue in proceedings to condemn land for a railroad right of way.</p>

Mandamus by the board of police commissioners of the city of Wyandotte to compel the mayor and common council of the city of Wyandotte to allow a certain pay roll. There was an order granting the writ, and respondents bring certiorari.

<p>Mandamus — Propriety—Necessity oe Writ.</p> <p>Mandamus will not issue to compel the vacation of an order denying a temporary injunction where the return shows that a. preliminary injunction is not presently necessary to protect relator’s rights, and may never become necessary through the determination of relator’s suit upon the merits.</p>

Bill by Otto F. Barthel against George F. Crippen and Lewis Crippen for the specific performance of a contract. From a decree for complainant, defendants appeal: On motion to remand the record for a rehearing.

<p>Mandamus by Leo W. Kerbs to compel the State veterinary board to register relator under the provisions of Act No. 244, Pub. Acts 1907.</p>

Submitted October 6, 1908. Case by the People of the State of Michigan, on the relation of Maud McCallum, against Otto H. Gebhardt, sheriff, and Jacob J. Post, Arthur M. Gerow, and John B. McArthur, sureties on his official bond, for the escape of a prisoner arrested on a capias ad respondendum. There was judgment for plaintiff, and defendants bring error.

Mandamus by Frederick W. Stevens, guardian ad litem of Edward P. Ferry, to compel Edward P. Kirby, probate judge of Ottawa county, to approve an appeal bond. There was an order denying the writ, and relator brings certiorari: On motions to require the clerk of the court to make return to the writ, and to strike from the files a return later filed by the circuit judge.

Bill'by Isadore Weisman against the Newton Beef Company to set aside a judgment and execution. From an order overruling a demurrer to the bill, defendant appeals. The purpose of this suit is to set aside a judgment (and execution issued thereon) rendered in justice’s court against complainant in favor of defendant, and to obtain a new trial. The bill alleges that the defendant company-brought suit by summons February 7, 1907, returnable February 19th.

<p>1. Street Railroads — Regulation—Ordinances—Violation.</p> <p>Under section 19, chapter 165, of the ordinances of Detroit (1904), requiring regular passenger cars to be run through to the ends of their respective routes, except that in cases of blockades and delays due to causes beyond control cars may be turned for the purpose of restoring service in the opposite direction, provided, that cars having passengers on board may not be turned unless a oar following and going through to the end of the route is in the same block, and passengers are given transfers entitling them to transportation to their destination, the right to turn a car within the excepted class is not affected by the fact that the company has idle cars in its barn at the point where the turn is made, and men to operate them.</p> <p>2. Carriers — Street Railroads — Passengers — Transfers — Right to Request.</p> <p>It is the duty of passengers to secure evidence of payment of fares, and a conductor of one car is under no obligation to accept their statement that they paid their fares upon another car from which they have transferred.</p> <p>3. Street Railroads — Regulation— Ordinances — Violation— Denial of Transfers.</p> <p>Under section 19, chapter 165, of the ordinances of Detroit (1904), a street car cannot lawfully be turned before reaching its destination unless the passengers thereon are given transfers entitling them to transportation to their destination, though the other conditions entitling the company to turn the car are present.</p>

Case by Warren La Barre, highway commissioner, against Fred M. Bent for obstructing a highway. There was judgment for plaintiff, and defendant brings error.

Case by Henry Karppinen against the Tamarack Mining Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Trespass quare clausum fregit by William P. Hooper against Willard L. Herald. There was judgment for plaintiff, and defendant brings error.

Submitted October 15, 1908. 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.

Bill by John A. Griffin against Phoebe E. Griffin for a divorce. There was a decree for complainant, and the custody of a minor child was temporarily given to him. Defendant afterwards petitioned for the custody of said child, and from an order granting the petition, complainant appeals.

Case made from Bay; Collins, J. Assumpsit by Daniel N. Clark against Henry Welch and Adelia Hurley for money had and received. There was judgment for defendants, and plaintiff brings error. On November 20, 1878, the commissioner of the general land office issued a certificate showing one Levi Welch to be entitled to make an additional homestead entry of 80 acres of land.

Case by Samuel Meisner against the Detroit, Belle Isle & Windsor Ferry Company for refusal to accept plaintiff as a passenger. There was judgment for plaintiff for the amount paid for a ticket, on a verdict directed by the court, and he brings error. The defendant is organized under chapter 175, §§ 6646-6659, 2 Comp. Laws.

, presiding. Assumpsit by John T. McCurdy against the county of Shiawassee on promissory notes. There was judgment for plaintiff, and defendant brings error.

Charles. Owen was convicted of an assault with intent to commit the crime of murder, and sentenced to imprisonment for life in the State prison at Marquette. The respondent was convicted of the crime of assault with intent to kill and murder his wife. The facts are undisputed and are admitted. His wife had left him, and had filed a bill for a divorce. He had previously assaulted her, and had made threats to kill her. She was living with her mother.

Bill by John E. Bird, attorney general, on the relation of Allen H. Zacharias and others, to enjoin the board of education of the city of Detroit and Frank E. Doremus, controller, from paying an increase of. salary. From a decree sustaining a demurrer to the bill, complainant appeals.

Mandamus by George Benie to compel Henry A. Man-dell, circuit judge of Wayne county, to vacate an order denying a motion to quash capias ad respondendum proceedings.

Bill by Routine L. Chamberlain, administrator of the estate of Clark A. Jones, deceased, against Elda Jones Eddy for a discovery, and to establish a trust. Prom a decree for complainant, defendant appeals.

Assumpsit by the People of the State of Michigan, for the use and benefit of August Kroenke, Paul Schlesner, and Albert Haeger, copartners as the Badger Wire & Iron Works, against Edwin M. Campfield and the Title Guaranty & Trust Company, upon a statutory bond. There was judgment for plaintiff on a verdict directed by the court, and defendant company brings error.

), J. Assumpsit by the Saginaw Milling Company against T. Dailey Mower for goods sold and delivered. There was judgment for plaintiff, and defendant brings error.

Bill by John Cullen against Casimir Ksiaszkiewicz and Rozalia Ksiaszkiewicz to enjoin an interference with a line fence. From a decree for complainant, defendants appeal.

Bill by George E. Kramer against Caspar H. Schulte to restrain the collection of a judgment. From an order sustaining a demurrer to the bill, complainant appeals.

Case by William Blakeley against the White Star Line for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. The defendant owns and operates a line of boats running from Detroit to various places on the St. Clair river. It owns and controls a pleasure resort known as “Tashmoo Park.” It makes no entrance charge to visitors, but makes its profit by carrying passengers to and from the park.

Assumpsit by P. Hoffmaster Sons Company, Limited, against Carlton A. Hodges and Prank E. Halladay, co-partners as Hodges & Halladay, for goods sold and delivered. There was judgment for plaintiff, and defendants bring error. Plaintiff, a mercantile partnership association, brought suit in justice’s court against the defendants to recover a balance due for goods sold and delivered, and recovered a judgment for $157.20.

Cross-appeals from Charlevoix; Davis, J., presiding. Bill by William L. Curtis and James R. Wylie against the board of supervisors of Charlevoix county and others to declare, enforce, and administer a trust. From the decree rendered, all parties appeal.

<p>1. Animals — Trespassing Cattle — Fences—Duty to Maintain.</p> <p>At the common law, one is under no duty to fence against his neighbor’s cattle, and such is the rule in Michigan.</p> <p>2. Same — Running at Large — Action by Supervisors — Effect —Trespassing Animals.</p> <p>Action by the supervisors under section 5607, 2 Comp. Laws, permitting cattle to run at large in the highways of a township, does not make it the duty of a landowner to fence against cattle so running at large, nor deprive him of his right of action against one whose cattle enter upon his premises from the highway when so running at large.</p>

Bill by Frederick W. Mette, administrator of the estate of John Mette, deceased, against Elizabeth Mette to set aside a deed. From a decree for complainant, defendant appeals.

Bill by Oliver H. Wattles against Frank Slater, Louisa B. Slater, Grace Slater, and the Huber Manufacturing Company for the foreclosure of certain mortgages. From a decree for complainant for one of the mortgages only, he appeals.

Bill by George H. Keyes and - Florence M. Keyes against Thomas J. Quinn and Alice L. Quinn for a re-conveyance of certain real estate obtained by fraud. From a decree for complainants, defendants appeal.

Kent; Perkins, J. Henry J. Richter presented a claim for expenses incurred as executor of the last will and testament of Mary McNamara, deceased. The claim was allowed in the probate court, and James McNamara appealed to the circuit court. There was judgment sustaining the order of the probate court, and contestant brings error.

Submitted October 13,1908. Assumpsit by William F. Notley against the First State Bank of Vicksburg for services rendered. ■ There was judgment for plaintiff, and defendant brings error. Vicksburg is a small village, situated in the county of Kalamazoo, several miles from any place where there are banks. The only bank in the village prior to 1905 had failed and gone into bankruptcy.

Trover by J. E. Paul Taylor, administrator of the estate of Arthur O. Lloyd, deceased, against Isaac Applebaum. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Trespass quare clausum fregit by James C. Page against Hugh Boehmer and others. There was judgment for defendants, and plaintiff brings error.

), J. Submitted October 15, 1908. Bill by Barbara M. Southgate and John G. Zimmermann against Anna Karp and others to construe the last will and testament of John Zimmermann, deceased. From the decree rendered, defendants appeal.

Bill by the Kalkaska County State & Savings Bank against the Kalkaska Canning Company to foreclose a mortgage: On petition for leave to bring an action at law against Darwin D. Lewis. From an order sustaining a demurrer to the petition, petitioner appeals. From a decree sustaining a demurrer to the complainant’s petition for leave to bring a suit at law against the defendant, the complainant has appealed.