Volume 156 — Michigan Reports

Mandamus by Rudolph J. Fischer and another to compel the board of supervisors of Washtenaw county to strike certain names from petitions asking for the submission of the question of prohibiting the sale of intoxicating liquor to a vote of the people. There was an order denying the writ, and relators bring certiorari.

Bill by Eva Cramer Bresler and William E. Metzger, administrators with the will annexed of the estate of Joseph M. Bresler, deceased, against the Delray Real Estate & Investment Association for the specific performance of a land contract. Prom a decree for complainants, defendant appeals.

Petition by the city of Detroit for the separation of grades of certain streets and railroads: On motion of Elvin G. Dailey and another to dismiss. There was an order granting the motion, and petitioner brings certiorari.

Assumpsit by the MacKinnon Boiler & Machine Company against the Central Michigan Land Company for goods sold and delivered. There was judgment for plaintiff, and defendant brings error. The defendant is the owner of a large tract of land in Ogemaw and Roscommon counties.

Bill by Otto F. Barthel against George F. Crippen and, Lewis Crippen for the specific performance of a contract and to establish an interest in certain letters patent. From a decree for complainant, defendants appeal.

Case by the Haughton Elevator & Machine Company against the Detroit Candy Company, Limited, for breach of a contract for the installation and repair of certain elevators. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff is a foreign corporation, with its plant and offices at Toledo, Ohio. Its business is the manufacture, construction, and installation of freight and passenger elevators.

Clair; Law, J. Bill by Edward W. Harris, administrator de bonis non with the will annexed, of the estate of Samuel Dunbar, deceased, against Frances Bow, Wealthy Sherman, Margaret D. Parkhurst, Marietta D. Annis, George B. Tunningly and Jeanetta L. Tunningly for a construction of said will. From an order overruling a demurrer to the bill, defendants Tunningly appeal. From a decree overruling a demurrer to the bill filed in this case, the defendants Tunningly appeal.

), J. Case by Annie E. Granger against Harry Darling for personal injuries. There was judgment for plaintiff, and defendant brings error.

John H. Allison was adjudged guilty of contempt in refusing to answer certain questions in regard to his imprisonment in the State prison at Jackson.

Petition by the city of Muskegon for a writ of certiorari to review a judgment of acquittal in a proceeding against John R. Brenan for a violation of a city ordinance.

Bill by Albert Stonehouse against Delbert Stonehouse and others for the specific performance of a land contract. From an order overruling a demurrer to the bill, defendants appeal.

Assumpsit by Martin D. Comstock against Clark Taggart and others on a promissory note. There was judgment for defendants, and plaintiff brings error.

Mandamus by Joseph W. Madill to compel the common council of the city of Midland to approve a liquor bond. There was an order denying the writ, and relator brings certiorari. The relator, a saloon keeper in the county of Midland, presented a liquor bond to the respondent under the general liquor law, asking for its approval. The respondent refused to accept the bond for the reason that the electors of Midland county at the preceding election had adopted prohibition.

Mandamus by Leopold Werstein and others to compel the board of supervisors of Calhoun county to reconvene and set aside proceedings for the submission of the question of prohibiting the manufacture and sale of intoxicating liquor in said county. There was an order denying the writ, and relators bring certiorari.

Case by Charles W. Strong against the Grand Trunk Western Railway Company for personal injuries. There was judgment for plaintiff, and defendant brings error. The following is the map referred to in the opinion:

Bill by Paul B. Moody, executor of the last will and testament of John B. Sutton, deceased, against John B. Ma-comber to set aside certain deeds and to quiet title. From an order overruling a demurrer, defendant appeals: On motion to dismiss the appeal.

), J. Assumpsit by Elver L. Rice against J. C. Malone for goods sold and delivered. There was judgment for defendant, and plaintiff brings error.

Assumpsit by Chris Hansen against William H. Rolison upon a promissory note. There was judgment for plaintiff, and defendant brings error.

Bill by Lydia Peets against Warren W. Peets and Mary Peets to set aside a deed and for an accounting. From a decree dismissing the bill, complainant appeals. The purpose of the bill in this cause is the cancellation of a deed and contract made between complainant and her husband and the defendant Warren. The deed and contract bear date April 15, 1903.

, presiding. Bill by Edward B. Caulkins and others against Joseph P. Lavigne and the Bloomstrom Manufacturing Company to establish certain rights under a contract, and for an accounting. From a decree for complainants, defendants appeal.

Mandamus by Felix D. Booker and another to compel the Grand Rapids Medical College to receive relators as students. There was an order granting the writ, and respondent brings certiorari.

Bill by William W. Newcomb and Edward J. Tisdale against William A. Thorpe and Henry C. Rees for a partnership accounting. From a decree dismissing the bill, complainants appeal.

Petition by the city of Detroit for the separation of grades in a certain street. The Detroit United Railway and others intervened, claiming damages. There was judgment confirming the award of the jury, and petitioner brings error.

Petition by the city of Detroit for the separation of grades in a certain street. • The American Car & Foundry Company intervened claiming damages. There was judgment confirming the award of the jury, and both parties bring error. This is a proceeding to separate grades at the intersection of Junction avenue with the rights of way with the Michigan Central Railroad Company and other railroads.

Ejectment by Margaret Killackey against Robert Nil-lackey and others. There was judgment for plaintiff,, and defendants bring error.

Assumpsit by John Nichol, receiver of the Citizens’ Mutual Fire Insurance Company of Jackson, against Rachel M. Ward for assessments due upon certain policies of insurance. There was judgment for plaintiff, and defendant brings error. Affirmed.

), J. Assumpsit by Harry R. Brown against Frederick F. Spiegel upon certain promissory notes. There was judgment for plaintiff, and defendant brings error. Reversed.

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

Bill by Clark J. McArthur and others against the city of Cheboygan for the specific performance of a land contract. From a decree for complainants, defendant appeals. The bill of complaint in this case is filed to compel speciñe performance of a contract by which the defendant agreed to purchase certain real estate from the complainants, known as the “Horne property,” located on Main street, in the city of Cheboygan.

Bill by Josephine Reese against Gilbert N. Lamore and others for the partition of certain real estate. From a decree for complainant, defendants appeal.

Assumpsit by William Herron against Gustav A. Raupp, Matthias Raupp, Jr., and John Seavitt, copartners as G. A. Raupp & Co., for breach of a logging contract. There was judgment for plaintiff, and defendants bring error.

Henry C. Bettinghouse presented a claim against the estate of Amelia Bettinghouse, deceased, for services rendered. The claim was allowed in the probate court, and defendant appealed to the circuit court. There was judgment for defendant, and claimant brings error. Reversed.

<p>Error to recorder’s court of Detroit; Phelan, J.</p> <p>Henry G. Smith was convicted of using and operating a motor cycle in violation of Act No. 196, Pub. Acts 1905.</p>

Mandamus by Roland B. Tabor to compel the board of supervisors of Berrien county to audit and allow a claim for medical services rendered in cases of contagious diseases. There was an order denying the writ and relator brings certiorari.

Mandamus by the Barber Asphalt Paving Company to compel the village and common council of Highland Park to issue a warrant for the payment of a bond. There was an order denying the writ, and relator brings certiorari.

<p>Mandamus by William W. Potter, Prosecuting Attorney, to compel Clement Smith, circuit judge of Barry county, to vacate an order quashing a complaint and warrant.</p>

Mandamus by August Field, mayor, to compel the board of water commissioners of the city of Manistee to submit its boobs of account for audit, and to require said books to be kept in the office of the city clerk. There was an order granting the writ, and respondent brings certiorari.

Case by Elizabeth Boughner against the city of Bay City for personal injuries. There was an order overruling a demurrer to the declaration, and defendant brings certiorari.

Case by Maxim Potvin against the West Bay City Shipbuilding Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

, presiding. Case by Alice M. Canerdy, administratrix of the estate of John D. Canerdy, deceased, against the Port Huron, St. Clair & Marine City Railway Company for the negligent killing of plaintiff’s decedent. There was judgment for plaintiff, and defendant brings error.

Trover by James A. Randall against the Union Trust Company. ' There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Henry Lattin presented a claim against the estate of Sylvester Lattin, deceased, for moneys claimed to belong to claimant. The claim was disallowed in the probate court, and claimant appealed to the circuit court. There was judgment for defendant on a verdict directed by the court, and claimant brings error.

Mandamus by Jacob Stumpf to compel Louis Storz, supervisor, and Henry N. Lavery and John Benjamin, members of the board of review of the township of Royal Oak, the Michigan Bankers’ Association, and others, to strike from the tax roll an assessment against certain personal property. There was an order denying the writ, and relator brings certiorari.

<p>Exceptions before judgment from Wexford; Chittenden, J.</p> <p>William Peterson was convicted of violating the liquor law.</p>

<p>1. Intoxicating Liquors — Keeping Saloons Open on Sunday— What Constitutes.</p> <p>Surrounding a bar in a saloon with a picket fence is not a sufficient compliance with the statute (sections 5295, 2 Comp. Laws), requiring saloons to be kept closed on the first day of the week.</p> <p>2. Same — Defense—Intent.</p> <p>It is no defense that respondents relied upon the advice or permission of the police officers in opening their saloon with the bar so guarded; since such officers have no authority to advise or consent to violations of law, and the intent with which respondents kept their saloon open on Sunday is immaterial.</p> <p>3. Same — Instructions.</p> <p>An instruction to the jury that “under the proofs in this case, and the facts and circumstances that have been shown here on the witness stand, it is your duty to find the defendants guilty of the offense charged in the information, and you will be permitted to retire * * * for the consideration of your verdict,” was justified under the uncontradicted facts, and did not amount to a coercion of the jury.</p>

Marion M. McIntyre presented a deed for probate as the last will and testament of John B. McIntyre, deceased. The petition was denied in the probate court, and proponent appealed to the circuit court. There was judgment for contestant on a verdict directed by the court, and proponent brings error.

<p>Appeal from Wayne; Murphy, J.</p> <p>Bill by Carl E. Schmidt against Arthur H. Gaukler, the Electric City Amusement Company, and the Union Trust Company, trustee, for the foreclosure of a land contract. From a decree for complainant, defendant Electric City Amusement Company appeals.</p>

Case by George A. Beck against the Ann Arbor Railroad Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

), J. Case by Charles Layzell against the J. H. Somers Coal Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Mandamus by Eliza Marshall to compel Chauncey H. Gage, circuit judge of Saginaw county, to vacate an order extending the time to settle a bill of exceptions.

Case by Mary H. Sargeant against the city of Detroit for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Habeas corpus proceedings by Charles H. Kreiner to obtain his discharge from the Detroit house of correction. There was an order discharging the petitioner, and the people bring certiorari.

, presiding. Bill by Effie A. Gibney, and Alice Gibney and Lyman Gibney,- infants, by next friend, against Thomas J. Allen, trustee, the Union Trust & Savings Bank, Robert W. Selleck, and Lena Selleck to set aside a deed and mortgage and for an accounting. From a decree dismissing the bill except as to an accounting by defendant Allen, complainants appeal.

<p>Mechanics’ Liens —Statement oe Claim — Duty to Furnish— • Forfeiture.</p> <p>The failure of a lien claimant to furnish an itemized statement under section 10717, 3 Comp. Laws, does not operate as. a forfeiture of said claims where all the statutory provisions had been complied with prior to such demand, and the bill of complaint, which had been filed and served upon defendant,, contained such statement. Frohlich v. Beecher, 139 Mich.. 278, distinguished.</p>

Assumpsit by John W. Weaver against George D. Richards for a commission for the sale of land. There was judgment for defendant, and plaintiff brings error.

John G. Spring, administrator de bonis non of the estate of Jared S. Spring, deceased, presented a claim against Willis B. Perkins and Peter Doran, executors of the last will and testament of Henry Spring, deceased, for the amount of a loan the payment of which had been guaranteed. The claim was disallowed by the commissioners, and claimant appealed to the circuit court. There was judgment for claimant, and contestants bring error.

Assumpsit by Edgar Stoddard and another against William H. Hibbler, principal, and the Title Guaranty & Surety Company, surety, on a building contractor’s bond. There was a judgment for plaintiff on a verdict directed by the court, and defendant surety company brings error. Affirmed.

Bill by Walter J. Curry against Sarah J. Backus and others to quiet title to land. From a decree for complainant, defendant Backus appeals. This bill was filed by complainant to quiet his title to the lands therein described. The judge made a finding, and made a very concise statement of the case, as follows: Complainant claims under tax deeds for the taxes of 1897, 1898, and 1899, which he purchased from the State, on February 17, 1905.

Case by Clarence Burgess, by next friend, against the Humphrey Bookcase Company for personal injuries. There was judgment for plaintiff, and defendant brings error.

, presiding. Bill by the C. H. Barrett Company to enjoin Hiram N. Ainsworth from engaging in a competing business in violation of a written agreement. From a decree for complainant, defendant appeals.

Assumpsit by Henry N. Brevoort against Charlton E. Partridge for money had and received. There was judgment for defendant, and plaintiff brings error.

Replevin by James Grow and John Campbell, copartners as Gow & Campbell, against J. Marvin McFarren. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. This is an action of replevin brought by the plaintiffs, a copartnership, with residence, office, and place of business at Muskegon, Mich., against the defendant as township treasurer of the town of Clearwater in Kalkaska county, Mich.

<p>Error to Charlevoix; Mayne, J.</p> <p>Replevin by the Dearing Water Tube Boiler Company against Claude Thompson. There was judgment for defendant, and plaintiff brings error.</p>

Andrea Vitali was convicted of the crime of murder in the second degree, and sentenced to imprisonment for life in the State prison at Jackson.

<p>1. Criminal Law — Evidenoe—Proof of Other Offenses.</p> <p>On the trial of respondent charged with an assault with intent to murder, testimony of the sheriff that respondent told him of making threats and displaying weapons on prior occasions, was inadmissible.</p> <p>2. Same — Witnesses—Cross-Examination.</p> <p>Where, on the trial, respondent takes the witness stand in his own behalf, he subjects himself to the rules of cross-examination applicable to other witnesses.</p>

Mandamus by Bernard F. Weadock to compel William F. Connolly, judge of the recorder’s court of Detroit, to vacate certain orders dismissing complaints for the violation of an ordinance.

, presiding. Bill by John Gloede, administrator de bonis non of the estate of Dorothea Schreiber, deceased, against John Rautenberg, executor of the last will and testament of Frederick Schreiber, deceased, for a construction of said will. From the decree rendered, complainant appeals.

Bill by the Detroit Realty Company and others against . Edward Barnett and David Oppenheim to abate a nui- ' sanee. From a decree dismissing the bill, complainants appeal. The complainants are owners of residences in the city of Detroit; said property being upon the same street with, and in close proximity to, the saloon and dance hall complained of in this case.

Assumpsit by Agnes Showalter against the Modern Woodmen of America on a policy of insurance. There was judgment for plaintiff, and defendant brings error.

Judgment creditor’s bill by Frances A. Nolan against John W. Garrison, Charles Thurman, guardian of said John W. Garrison, the Detroit Trust Company, and the United States Savings Bank. .From a decree dismissing the bill, complainant appeals.

Bill by Mary Elizabeth Watrous against Levi Kenyon and another to set aside the discharge and assignment of certain mortgages. From a decree dismissing the bill, complainant appeals.

Trespass quare clausum fregit, in justice’s court, by Margaret Gr. Osborne and another against William Osborne and another. There was judgment for plaintiffs, and defendants took a special appeal to the circuit court. There was judgment for plaintiffs, and defendants bring error.

<p>Mandamus by William G. Jennings to compel the State veterinary board to issue a certificate of registration.</p>

<p>Mandamus by the Grand Rapids Electric Railway Company to compel Walter H. North, circuit judge of Calhoun county, to vacate an order dissolving a temporary injunction.</p>

Bill by Francis J. Brady, Jr., against Samuel A. Sloman to set aside a levy and sale upon execution. From a decree for complainant, defendant appeals. Complainant in this suit seeks to set aside a sheriff’s levy and sale upon execution; the defendant being the purchaser at the sale. In 1889 complainant’s father, Francis J. Brady, Sr., was the owner in fee of the land. His sole creditor was one Prosper J. Raymond, to whom he owed $525.

Case by Matthew McFarland against Joseph E. Sayen for negligently setting fire to plaintiff’s buildings. There was judgment for plaintiff, and defendant brings error. Plaintiff recovered verdict and judgment for $600 for the destruction of his farm buildings by fire, alleged to have been caused by sparks from a traction engine of the defendant.

Summary proceedings by Isaiah Cunningham against Daniel B. Kinyon for the possession of land. There was judgment for complainant, and defendant brings error.

Cross-appeals from Wayne; Mandell, J. Petition by Fred H. Warren against Robert C. Sheehan and John L. Murphy for the payment of an award by the commissioner of a claim against the estate of Calvin A. Cook, deceased. From the decree entered, both parties appeal. Modified.

), J. Case by Louis E. Capeling against the Saginaw Coal Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

<p>Error to Emmet; Shepherd, J.</p> <p>John J. Reycraft was convicted of assault and battery, and sentenced to pay a fine of $5 and cost.</p>

Bill by Mary E. Harris against John Boutwell, county drain commissioner, to enjoin the construction of a drain. From a decree dismissing the bill, complainant appeals. Complainant seeks in this suit to restrain the construetion of a drain known as the “ Hemingway lake drain. The defendant is the county drain commissioner. It is conceded in the bill of complaint that the proceedings to lay out this drain are regular.

Mandamus by the Michigan Central Railroad Company and others to compel Alfred J. Murphy, circuit judge of Wayne county, to vacate an order denying a temporary injunction.

), J. Case by Ida Kleinfelt, administratrix of the estate of Otto Kleinfelt, deceased, against the J. H. Somers Coal Company for the negligent killing of plaintiff’s decedent. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Joseph; Yaple, J. Case by William White against the Lake Shore & Michigan Southern Railway Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

), J. James McGregor presents a claim against the estate of Elizabeth McGregor, deceased, for money loaned during her lifetime. The claim was allowed in part by the commissioners, and the executor appealed to the circuit court. There was judgment for claimant on a verdict directed by the court, and contestant brings- error.

Mandamus by the Haehnle Brewing Company to compel the board of supervisors of Jackson county to recanvass the vote on the question of prohibiting the manufacture and sale of intoxicating liquor.

Case made from Wayne; Rohnert, J. Summary proceedings by Hugo H. Stender against John Kerr eos and others for the possession of leased premises. There was judgment for complainant on a verdict directed by the court, and defendants appeal. -

Petition by the city of Detroit for separation of grades in a certain street. George P. Snyder and the Union Transfer & Storage Company intervened claiming damages. There was judgment confirming the award of the jury, and petitioner brings error.

Case by Charles H. Walker, administrator of the estate of Minnie Walker, deceased, against the Lansing & Suburban Traction Company. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. The court directed a verdict for the defendant at the close of the plaintiff’s statement of his case. It is stipulated that the judge made a correct statement of the facts in directing the verdict.

Bill by Horace J. Fuller against Hiram W. McCormick, Frank D. McCormick, and the Olympic for the appointment of a receiver for defendant… Held: which was on May 1, 1907. Defendants have paid in but $750 each, in cash, and have together contributed for the equipment of a small theater personal property worth no more than $500. The corporation has rented for five years from September 1, 1907, property at an annual rental of $2,000, agreeing also to reconstruct the premises.

<p>Error to Alpena, Emerick, J.</p> <p>Replevin by Gaar, Scott & Company against Hans Meyer. There was judgment for defendant, and plaintiff brings error.</p>

Mandamus by Frederick W. Stevens, guardian ad litem of Edward P. Ferry, an incompetent, to compel Edward P. Kirby, probate judge of Ottawa county, to set aside an order fixing the amount of an appeal bond, and to accept a bond tendered. There was an order denying the writ, and the relator brings certiorari. Rev. William M. Ferry died testate December 30, 1867, at Grand Haven, Mich.

Case by Anna E. Logan against the Agricultural Society of Lenawee county for personal injuries. There was judgment for plaintiff, and defendant brings error. The defendant is an agricultural society, organized under the laws of this State in 1878. Section 5953 et seq., 2 Comp. Laws. It held an annual fair, for which it charged an admission. Horse racing was one of the prominent features of the fair, and was very popular.

Assumpsit by Horatio L. Wilson and another against the Farmers’ Mutual Fire Insurance Company on a policy of insurance. There was judgment for plaintiffs, and defendant brings error. The policy of insurance was issued upon the written application of the plaintiffs September 4, 1897; they becoming members of the defendant company. In August, 1903, additional insurance on the dwelling and its contents was arranged for and necessary changes made in the policy.

Bill by George Fulwell against John H. Brown for the reformation of a contract, and to enjoin the negotiating of certain promissory notes and from enforcing the terms of a chattel mortgage given to secure their payment. From a decree dismissing the bill, complainant appeals. On September 16, 1905, the defendant was engaged in the operation of the Hotel Normandie in the city of Detroit.

<p>1. Criminal Law — Wife Abandonment — Who May Make Complaint. ' ■</p> <p>Act No. 144, Pub. Acts 1907, authorizing the superintendents of the poor and the county agents of the State board of corrections and charities to make complaint against a husband for deserting his family, does not preclude the wife from making complaint against her husband for said offense. The general rule is that one who is competent to testify as a witness and has knowledge of the facts, may make the complaint in a criminal case.</p> <p>2. Same — Husband and Wife — Abandonment — Desertion — What Constitutes — Instructions.</p> <p>In an action under Act No. 144, Pub. Acts 1907, against a husband for desertion of his wife, respondent was entitled to a requested instruction that “abandonment or desertion under the statute, means to separate from, wrongfully, without intention of again resuming marital relations;” since it is such wilful abandonment or desertion without just cause which is of the essence of the offense. That the husband is unable to provide for the wife or family, that she may earn a living, or that her friends and relatives will keep her from want, does not excuse wilful abandonment; nor is the resulting burden to the public an element of the statutory offense.</p> <p>3. Constitutional Law — Statutes—Title—Sufficiency.</p> <p>A statute is not void for duplicity of title and objects, under section 20, article 4, of the Constitution, where the title, after stating the object, does no more than add a notice of a repealing clause, which repeal would be effected by implication by the enactment of the law itself.</p> <p>4. Same.</p> <p>Act No. 144, Pub. Acts 1907, § 1, which provides, after stating the elements of the offense, for securing to the family of a convicted person a portion of his earnings during his confinement, is not invalid under section 20, article 4, of the Constitution; since there is an apparent and necessary connection between the offense created, its punishment, and the enforced use of his earnings after his conviction.</p> <p>5. Same.</p> <p>And the provision in said section allowing the convicted person before sentence to give a bond for the support and maintenance of his family, upon the approval of which the court is authorized to suspend sentence, is also within the object expressed in the title; since such provision is intended to secure such maintenance by the voluntary action of the convicted person.</p> <p>6. Criminal Law — Suspension of Sentence — Statutory Construction.</p> <p>The provision in said act for the suspension of sentence upon a person convicted will not, for the purpose of defeating the. law, be construed as conferring any new power upon courts, a different construction being reasonably permitted.</p>

Proceedings under the water-craft law by the Detroit Lumber Company against auxiliary yacht Petrel. There was judgment for defendant, and complainant appeals: On motion to dismiss the appeal.

Mandamus by the Chicago, Detroit & Canada Grand Trunk Railroad Company and the Grand Trunk Western Railway Company to compel Harvey Tappan, circuit judge of St. Clair county, to vacate an order directing the erection and maintenance of a bridge over a street crossing.

Bill by Parker, Webb & Company and others to enjoin George F. Austin, sealer of weights and measures of the city of Detroit, from condemning certain computing scales. From a decree for complainants, defendant appeals. Complainants in this case, five in number, are retail dealers in meats in the city of Detroit; each carrying on an extensive business.

Bill by Mary Witham against James F. Walsh and others to set aside certain contracts on the ground of fraud. From a decree for complainant, defendants appeal.

Mandamus by Perry H. Irish to compel the common council of the city of Mt. Clemens to order the paving of certain streets. There was an order denying the writ, and relator brings certiorari.

<p>Exceptions before judgment from the recorder’s court of Detroit; Phelan, J.</p> <p>G. Edward Vogt was convicted of perjury.</p>

Petition by' Arthur B. Armstrong and others against Justus S. Stearns and others for the dissolution of the Central Implement Company, Limited, and the appointment of a receiver. The Detroit Trust Company was appointed receiver, and on its application certain claims of creditors were referred to a commissioner. From a decree confirming the award of the commissioner, the City National Bank appeals.

, presiding. Bill by James L. Hamilton and Henry T. Heald against the American Hulled Bean Company, Limited, and Charles D. Fuller to set aside the sale of corporate stock on the ground of fraud. From a decree dismissing the bill, complainants appeal.

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

Bill in aid of execution by Allaseba M. Bliss and Lorenzo T. Durand, executors of the last will and testament of Aaron T. Bliss, deceased, against Fred B. Tyler and Carrie B. Tyler: On motion to dismiss an appeal from an order overruling a demurrer.

<p>1. Intoxicating Liquors — Crimes — Sufficiency of Information — Statutes.</p> <p>An information charging respondent with selling intoxicating liquor at retail without license or authority, without having ■ paid any tax and without having a receipt and notice posted, is sufficient under 2 Comp. Laws, §§ 5380, 5385, 5386.</p> <p>2. Same — Druggists—Illegal Sales.</p> <p>The fact that respondent was engaged in the business of selling drugs would not constitute a defense to such an information. People v. Utley, 129 Mich. 628; Anderson v. Van Burén Circuit Judge, 130 Mich. 697.</p> <p>3. Same — Pleadings—Surplusage.</p> <p>In an information for selling intoxicating liquors unlawfully, the allegation that respondent was engaged in the business of selling drugs and medicines does not invalidate the information and may be treated as surplusage.</p> <p>4. Same.</p> <p>Such an allegation in the information does not imply that the</p> <p>• defendant was lawfully engaged in business as a druggist under 2 Comp. Laws, § 5381.</p> <p>5. Same — Statutes—Retail Sales by Druggist.</p> <p>A druggist may sell intoxicating liquors at retail upon complying with the statute governing sales at retail. 2 Comp. Laws, § 5379 et seq.</p> <p>6. Information — Sales by Druggist — Prosecution.</p> <p>An information against a druggist for selling intoxicating liquors, in violation of the statute regulating sales by druggists, must show that defendant availed himself of the provisions of such statute, by filing a bond.</p>

Assumpsit by Maria Monger against the New Era Association on a policy of insurance. There was judgment for plaintiff, and defendant brings error.

Mandamus by Lydia Starr Taber to compel Joseph W. Donovan, circuit judge of Wayne county, to correct a judgment entry, and to vacate an order setting aside a cognovit.

<p>Certiorari to the recorder’s court of Detroit; Connolly, J.</p> <p>The Detroit United Railway was convicted of the violation of certain ordinances, and sentenced to pay a fine of $50.</p>

Assumpsit by Stanley M. Matthews, trustee in bankruptcy, against Joannes Brothers Company for money received in fraud of the bankruptcy law. There was judgment for plaintiff, and defendant brings 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: On motion of defendants for a modification of the decree entered.

, presiding. Case by Prank W. Johnson against the Desmond Chemical Company for personal injuries. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.

Bill by David Stott against George E. Avery and others to enjoin the violation of certain building restrictions. From a decree dismissing the bill, complainant appeals.

Case by Margaret Hodgins, administratrix of the estate of James H. Hodgins, deceased, against the city of Bay City for the negligent killing of plaintiff’s intestate. There was judgment for plaintiff, and defendant brings error.

Case by Albín W. Norblad, administrator of the estate of Hamilton Langley, deceased, against the Minneapolis, St. Paul & Sault Ste. Marie Railway' Company for personal injuries. There was an order sustaining a demurrer to the declaration, and plaintiff brings error.