Volume 157 — Michigan Reports

, presiding. Bill by the city of Mason against the Lansing & Jackson Railway Company, the Michigan United Railways Company, the Lansing Southern Railroad Company, and the Northern Construction Company to enjoin the construction and operation of a railway. From a decree dismissing the bill, complainant appeals.

Robert Grant was convicted of doing business as a transient tradesman without having paid a license fee, and sentenced to pay a fine of $50.

Dean Converse was convicted of violating the liquor law, and sentenced to imprisonment for 90 days in the Detroit house of correction and to pay a fine of $200.

Assumpsit by John J. Carton and Everett L. Bray, copartners as Carton & Bray, against Homer A. Day for services rendered. A judgment for plaintiffs is reviewed by defendant on writ of error.

John Frank Hialey presented a claim against the estate of John R. Hialey, deceased, for services rendered. The claim was disallowed by the commissioners, and claimant appealed to the circuit court. A judgment for claimant is reviewed by defendant on writ of error.

Assumpsit by Edward S. Bryan and another against Strauss Brothers & Company upon a land contract. A judgment for plaintiffs is reviewed by defendant on writ of error.

Assumpsit by Thomas J. Carney against the Ionia Transportation Company for breach of a contract of employment. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by Margaret Cox against August Anderson and William Kilbride, copartners as Anderson & Kilbride, principals, and the Fidelity & Deposit Company of Maryland, surety, upon a building contractor’s bond. A judgment sustaining a demurrer to the declaration is reviewed by plaintiff on writ of error.

Assumpsit by S. Henry Lasley against William P. Preston for the use and occupation of certain land. A judgment for plaintiff is reviewed by defendant on writ of error.

Case by James Foley against the Grand Rapids & Indiana Railway Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Case by Lettie Hawley against the village of Saranac for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

<p>Equity — Parent and Child — Deeds—Cancellation.</p> <p>A transfer by a mother to her son of incumbered property of no considerable value above the incumbrances, with the understanding on the part of the transferee that he should support her during her lifetime, will not be set aside on her unsupported and contradicted testimony that he agreed to execute a contract to reconvey the property on demand, although a decree should be affirmed which provided for reasonable support.</p>

Bill by Melvin Young and another against Hosea B. Young and others for the cancellation of a deed. From a decree dismissing the bill, complainants appeal.

Bill by Allen J. Flitcraft to enjoin the Sylvan Beach Resort Company and others from interfering with certain sewers. Defendants filed an answer in the nature of a cross-bill to enjoin the use of said sewers or the laying of others. From a decree for defendants, complainant appeals. •

Bill by the Public Schools of Wyandotte against Edward J. Harding to restrain the collection of a judgment, and to reform a contract. From a decree dismissing the bill, complainant appeals.

Exceptions before judgment from the recorder’s court of Detroit; Phelan, J. Charles Drolet was convicted of an assault with intent to do great bodily harm less than the crime of murder.

Exceptions before judgment from the recorder’s court of Detroit; Phelan, J. Gustave Meert was convicted of an assault with intent to kill.

Bill in aid of execution by the Davis Colliery Company against the Charlevoix Sugar Company, Samuel A. Marting, receiver, and others: On petition of complainant for an order adjudging defendant Marting guilty of contempt.

Bill by Will Cronin against Charles Payne and Anna Payne to restrain an unlawful diversion of surface water. From a decree for complainant, defendants appeal.

<p>Divorcie — Alimony.</p> <p>An award of $800, to be received in lieu of dower by the complainant, who has property amounting to $1,300, while the defendant has $6,200, is too small and should be increased to $1,500.</p>

<p>Error to Mecosta; Palmer, J,</p> <p>James Burke and Charles Thompson were convicted of destroying a bank safe with intent to commit the crime of larceny, and sentenced to imprisonment for not less than 15 nor more than 30 years in the State prison at Jackson.</p>

<p>Error to Lenawee; O’Mealey, J.</p> <p>Ejectment by the Lake Shore & Michigan Southern Railway Company against Harry Johnson and Sarah E. Johnson. A judgment for plaintiff on a verdict directed by the court is reviewed by defendants on writ of error.</p>

<p>1. Evidence — Maps—Accuracy.</p> <p>In a prosecution for the larceny of diamonds from a safe, a plan or drawing of the room in which the safe was situated was properly admitted after testimony had been introduced tending to show that the drawing indicated with approximate correctness the location of an adjacent point from which it was claimed the act of the respondent had been seen.</p> <p>3. Same — Remarks oe Trial Court.</p> <p>A statement of the trial judge that the situation could be cleared up did not amount to an expression of opinion as to the weight of evidence.</p> <p>8. Same — Criminal Law — Larceny.</p> <p>Testimony given by a witness who might be implicated in the crime, that he did not commit the same, is admissible.</p> <p>4. Same.</p> <p>Testimony that respondent subsequently left the State and avoided an important business engagement is material.</p> <p>5. Criminal Law — Larceny—Corpus Delicti.</p> <p>Testimony that the diamonds were taken from a- safe without the authority of the owner, and that respondent was seen in a suspicious attitude near the safe, is prima facie evidence that the crime of larceny had been committed.</p> <p>6. Evidence — Trial—Instructions—Credibility oe Witnesses.</p> <p>It is error to charge the jury in a criminal case where respondent did not take the stand, that it is the duty of the jury to accept as true the undisputed testimony of a witness unless of suoh a conflicting nature as in itself to discredit it.</p>

Assumpsit by George W. Fisher against the Burroughs Adding Machine Company upon a building contract. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Burén; Des Voignes, J. Case by James A. Merrill against David C. Leisenring for alienating tbe affections of plaintiff’s wife. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

<p>1. Equity — Bill to Quiet Title — Taxation.</p> <p>The owner of land which has been sold to the State at tax sales has, after the expiration of the period for redemption, no title which will sustain a bill to remove a cloud.</p> <p>2. Taxation — State Bid — Statutes.</p> <p>Under 1 Comp. Laws, § 3984, a sale of land to the State for delinquent taxes vests the title in the State.</p> <p>3. Same.</p> <p>A purchase by a claimant of the title to real property from the State, upon a false affidavit of ownership, does not inure to the benefit of the former owner as a redemption.</p>

Bill by the people of the State of Michigan against the Detroit, Grand Haven Sc Milwaukee Railway Company and others for the collection of certain taxes. From a decree dismissing the bill, complainant appeals. Quo warranto proceedings by the people of the State of Michigan, on the relation of John E. Bird, attorney general, to determine the validity of the franchise of the Detroit, Grand Haven & Milwaukee Railway Company.

Case by John F. Folkmire, administrator of the estate of Minnie W. Folkmire, deceased, against the Michigan United Railways Company for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by Joseph H. Mailhot against George H. Turner for breach of a contract for the sale of certain real estate. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

<p>1. Negligence — Master and Servant — Wilful or Malicious ' Acts.</p> <p>A charge to the jury that the defendant railway company is not liable for the wilful or malicious act of its motorman in unnecessarily blowing the whistle and frightening plaintiff’s team, but that it would be liable for a negligent blowing of the whistle, is sufficiently favorable to defendant.</p> <p>2. Same — Street Railways — Unnecessary Use of Whistle.</p> <p>Testimony that there was no crossing within one and one-half miles, and no apparent necessity for blowing the whistle, raises an issue of fact as to the negligence of the defendant.</p> <p>8. Personal Injuries — Expert and Opinion Evidence — Damages.</p> <p>While impairment of the nervous system and disorders reasonably certain to result from the injuries are proper elements, testimony as to speculative possibilities is not a proper basis upon which to estimate damages.</p> <p>4. Same — Damages, Future and Prospective.</p> <p>To entitle a plaintiff to recover damages for apprehended future consequences of an injury, there must be a degree of probability of such consequences as to amount to a reasonable certainty that they will result from the original injury.</p>

Mandamus by Frank A. Newberry to compel Fred W. Smith, commissioner of police of the city of Detroit, to audit and allow a claim for services. From an order denying the writ, relator brings certiorari.

Petition by Henry Krohn for a writ of mandamus to compel George S. Hosmer, circuit judge of Wayne county, to set aside an order denying leave to amend a plea.

Assumpsit by Martin J. Heenan against Myrta E. Harris for commissions on the sale of real estate. A judgment for defendant is reviewed by the plaintiff on writ of error.

Assumpsit by the First National Bank of Durand against Thomas E. Shaw and others upon a promissory note. A judgment for plaintiff is reviewed by defendants on writ of error.

Minnie L. Hodges presented her final account as administratrix of the estate of Alonzo N. Hodges, deceased. The account was allowed in the probate court, and James A. Ardiel appealed to the circuit court. A judgment affirming the order of the probate court is reviewed by contestant on writ of error.

Bill by Frank J. Doetsch and Frederick J. Morgan, copartners as Doetsch & Morgan, against Louis Wetlaufer and Louis Rehberg to enforce a mechanics’ lien. From a decree for complainants, defendants appeal.

Assumpsit by Gustave J. Pammel against the Pacific Mutual Life Insurance Company of California for breach of an agency contract. A judgment for plaintiff is reviewed by defendant on writ of error.

Case by John C. Potter against the Grand Trunk Western Railway Company for the negligent burning of plaintiff’s building. A judgment for plaintiff is reviewed by defendant on writ of error.

Petition by Cecilia Bowe and others for an appeal from an order of the probate court establishing the last will and testament of Catherine Bright, deceased. An order denying the petition is reviewed by petitioners on writ of error. The last will and testament of Catherine Bright was offered for probate August 24,1907, and regularly proved and allowed September 25, 1907.

Habeas corpus proceedings by Karl L. Solosth against Gunder Lien and Anna Lien for the custody of petitioner’s infant daughter. There was an order denying the writ, and petitioner brings certiorari.

Bill by Edwin S. Gilbert- against James H. Williams and others to set aside a correction of a recorded plat. From a decree dismissing the bill, complainant appeals.

<p>Mandamus by Lemuel C. Townsend to compel James A. Parkinson, circuit judge of Jackson county, to vacate an order awarding costs.</p>

Bill by John Nicholls and Mary R. Morgan against the Boyne City Lumber Company to determine the boundary and riparian rights of certain real estate. From an order overruling a demurrer to the bill, defendant appeals.

Bill by John Nicholls and Mary R. Morgan against W. H. White Company and the Boyne City Lumber Company to determine the boundary and riparian rights of certain real estate. From an order overruling a demurrer to the bill, defendants appeal.

<p>1. Criminal Law — Embezzlement—Statutes.</p> <p>The conversion by an employé of transfer checks of a street railway company is not an embezzlement of railroad tickets within the terms of 3 Comp. Laws, § 11627.</p> <p>2. Same — Information.</p> <p>The offense should be ■ charged in the information under the terms of 3 Comp. Laws, § 11565, as amended by Act No. 102, Pub. Acts 1905.</p> <p>3. Statutory Construction — Legislative Interpretation.</p> <p>By re-enacting a statute which applies to railroads so as to mention interurban railways, the legislature construes the original act as intended to apply only to steam roads, and its construction is entitled to consideration by the courts.</p>

<p>1. Criminal Law — Embezzlement—Title.</p> <p>Although the respondent charged with embezzlement claimed that he retained funds of his employer in his hands to secure his compensation, it was not error to submit the case to the jury, under the testimony that no compensation was payable until the funds were turned over.</p> <p>2. ^ame — Argument of Counsel.</p> <p>In the absence from the record of counsel’s argument, the court cannot say that error was committed in instructing the jury that defendant’s counsel need not become excited or bring before the jury their personal opinions.</p> <p>3. Same — Embezzlement—Intent.</p> <p>The court’s instructions to the jury were not erroneous, instating that an intent to defraud is necessary to constitute embezzlement, when the jury were also instructed that the defendant was guilty if he converted funds of his employer to his own use with felonious intent.</p> <p>4. Same — Complaining Witness.</p> <p>Failure of the complaining witness, who was engaged in business under a fictitious name, to register in the county clerk’s office as required by Act No. 101, Pub. Acts 1907, does not constitute a defense to a criminal charge.</p>

<p>Mandamus — Veterinary Medicine and Surgery — Statutes.</p> <p>Failure to state, in the affidavit of an applicant to be admitted to practice veterinary medicine and surgery, that the applicant has practiced the same in their various branches for five years, etc., and a failure to show by letters of recommendation the facts, although conclusions of the writers were stated, justifies the board of registration in refusing to register him. Act No. 244, Pub. Acts 1907.</p>

Lucy P. Buell presented a claim against the estate of Sidney Adams, deceased, for services rendered. The claim was disallowed in the probate court, and claimant appealed to the circuit court. A judgment for defendant is reviewed by claimant on writ of error.

Mandamus by the township of Burdell to compel the Grand Rapids & Indiana Railway Company to repair and maintain a bridge in a public highway. An order denying the writ is reviewed by relator on writ of certiorari. Plaintiff in certiorari filed a petition in the circuit court praying for the writ of mandamus to compel the respondent to repair, and keep in repair, a bridge over a ravine in a public highway.

Garnishment proceedings by Allaseba M. Bliss and Lorenzo T. Durand, executors of the last will and testament of Aaron T. Bliss, deceased, against the Caille Brothers Company, Wilber W. Steele, and A. Arthur Caille, copartners as the Caille Company, and Wilber W. Steele, A. Arthur Caille and Adolph A. Caille, as garnishee defendants of Silas W. Tyler and Fred B. Tyler: On motion to dismiss writs of error issued by garnishee defendants.

Clara Connelly was convicted of manslaughter, and sentenced to imprisonment for not less than two nor more than fifteen years in the Detroit house of correction.

Assumpsit by John Robinson against Judson Harmon, receiver of the Pere Marquette Railroad Company for certain overcharges for the transportation of freight. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

Debt by John Robinson against Judson Harmon, receiver of the Pere Marquette Railroad Company, for the amount of a penalty provided by section 6335, 3 Comp. Laws. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

Case by Nettie Merrinane against James Fred Miller, a saloon keeper, and his bondsmen, under the civil-damage act. There was judgment for plaintiff, and defendants bring error.

Case by Homer L. Heath against Eleazer E. Calkins for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by Wilbur E. Lawrence against Henry J. Yinkemulder for breach of a land contract. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by the Ranney Refrigerator Company against Jacob J. Smith, township treasurer, and Herbert Shell, county drain commissioner, for taxes paid under protest. A judgment for defendants is reviewed by plaintiff on writ of error.

Case by Merton Fitzpatrick against Sanford Manheimer and Aaron Manheimer, copartners as Manheimer Brothers, for breach of warranty on the sale of certain accounts. A judgment for plaintiff is reviewed by defendants on writ of error.

Clair; Law, J. Case by Mary Scahill against the iEtna Indemnity Company under the civil-damage act. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by Miles F. Bixler against John Fry for the appointment of a receiver, an accounting, and a sale of property conveyed to defendant in violation of Act No. 223, Pub. Acts 1905. From an order overruling a demurrer to the bill, defendant appeals.

<p>Error to Oakland; Smith, J.</p> <p>Ejectment by Joseph A. Treat against the Detroit United Railway. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Case made from Lenawee; Lockwood, J. Bill by James W. Wightman against the. village of Tecumseh and others to enjoin the issuance of certain bonds and the construction of a sewer. From a decree dismissing the bill, complainant appeals.

Mandamus by Ed. Reimink to compel Henry Scabbing, township clerk, to countersign an order for the payment of steel ordered by the highway commissioner. An order granting the writ is reviewed by respondent on writ of certiorari.

Assumpsit by William E. Strohschein against Edward R. Kranich and others for work and labor. A judgment for plaintiff is reviewed by defendant Kranich on writ of error.

Garnishment proceedings by Joseph Dunkley against the city of Marquette, garnishee defendant of Shields McCarthy, and Elizabeth Kitts, claimant. A judgment for plaintiff is reviewed by claimant on writ of error.

Bill by Frederick M. Steele and others against William Culver and others to set aside and restrain the collection of a judgment. From an order sustaining a demurrer to the bill, complainants appeal.

Case by Edward A. Bottje against the Grand Rapids, Grand Haven & Muskegon Railway Company for negligent injury to plaintiff’s horse and buggy. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by John P. Fetz against Peter Leyendecker for the amount of certain judgments. A judgment for plaintiff is reviewed by defendant upon writ of error.

Bill by the Detroit United Railway against Harry M. Lau and Belle Lau to compel' the conveyance of certain real estate. From a decree for complainant, defendants appeal.

<p>1. Criminal Law — False Pretenses.</p> <p>In a prosecution for obtaining goods by means of false pretenses, respondent being charged with representing himself to be worth more than the facts warranted, evidence of the value of his cold storage plant was properly submitted to the jury where the proof of its value was conflicting.</p> <p>2. Same — Evidence—Hearsay.</p> <p>Testimony that the complaining witness was informed over the telephone of the substance of a statement of respondent’s assets, made to a bank to which respondent referred the witness, was admissible to show reliance thereon, although incompent to prove the making of the statement.</p> <p>3. Same — Variance in Amount.</p> <p>A difference between the amount which respondent claimed to be worth, and that stated in the information, is not a prejudicial variance when that charged was within the statement made by him.</p>

Charles H. Van Alstyne was convicted of violating the local-option law, and sentenced to imprisonment for three months in the county jail.

<p>Error to Ingham; Miner, J., presiding.</p> <p>Case by Thomas Farrell against Harry A. Haze for malpractice. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Mandamus by Fred Bauer to compel the township . board of Denmark to approve certain liquor bonds. The relator, a saloon keeper in the township of Denmark, Tuscola county, filed bonds with the respondent for its approval under the general liquor law of the State. The respondent refused to accept the bonds, for the reason that at the last election the question.of prohibition under the so-called local-option law was submitted to the electors of the county and adopted.

Petition by Hiram Cameron for the revocation of the appointment of Susie Smith as guardian. An order of the circuit court affirming an order revoking her letters of guardianship on appeal from the probate court is reviewed by defendant on writ of error.

Case made from Chippewa; Steere, J. Petition by the Ovid Carriage Company against William K. Parsille, assignee of the Chippewa Produce & Supply Company, to be declared the owner of certain goods. Prom a decree for petitioner, respondent appeals.

Bill by Oscar K. Buckhout against Benjamin F. Witwer and Roy Witwer for the specific performance of a contract. From an order sustaining a demurrer to the bill, complainant appeals.

<p>1. Insurance — Title—Liens for Taxes.</p> <p>A statement by the husband of the insured to defendant’s agent that there were some back taxes on the property which he intended to clear up, was not notice of the fact that two years later, when a policy of insurance was written, the land had been sold for taxes to a third person.</p> <p>3. Same.</p> <p>Want of notice as to the state of the title is not a defense to an action on a policy of insurance where no representations were made to secure the policy, and the agent transferred the insurance from another company which he had represented to the defendant under instructions to keep the property insured ; the risk of tax liens being thereby assumed by the defendant.</p> <p>3. Taxation — Date of Sale — Void Degree.</p> <p>A decree of sale for delinquent taxes fixing a date earlier than that prescribed by statute, invalidates the proceedings, when the sale was held on the earlier day.</p> <p>4. Judgments — Taxation—Writ of Assistance.</p> <p>Upon an application for a writ of assistance by a purchaser at a delinquent tax sale, the insurer of buildings on the premises is not a necessary party, and the judgment denying the writ and declaring the tax sale void is conclusive.</p> <p>5. Evidence — Insurance—Proof of Loss.</p> <p>The proofs of loss relating to the insurance policy on which suit was brought are incompetent to show the ownership, fact of loss or amount thereof; but the error in refusing to so charge is not prejudicial where the facts were shown by other uncontradicted evidence.</p> <p>6. Same — Conclusions—Opinion Evidence — Title.</p> <p>Testimony that plaintiff owned the insured real property is incompetent, but not reversible error when the ownership was otherwise established.</p>

Bill by Chester F. Covell against Garrison S. Bright and others to enjoin the obstruction of a drain. From a decree dismissing the bill, complainant appeals.

Bill by the Thayer Lumber Company and the Wood Beal Estate Company against the city of Muskegon, the common council of said city, and the board of assessors of Special Sewer District No. 7, to set aside proceedings for the construction of certain sewers. From a decree for complainants, defendants appeal.

Case made from Kent; Perkins, J. Certiorari by George W. Gorham to review the action of Thomas C. Johnson, highway commissioner, in laying out a highway. A judgment for defendant is reviewed by plaintiff on a case made.

Case by Minnie Lyle against the city of Detroit for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Mandamus by William H. Gowan to compel Frederick W. Smith, police commissioner of the city of Detroit, to . enforce the liquor law. An order denying the writ is reviewed by relator on writ of certiorari.

, presiding. Assumpsit by Hallett W. Lemon against William E. Macklem for commissions on the sale of real estate. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ ef error.

Bill by Frederick D. Allen against John J. Maser and others to quiet title to certain real estate. From a decree dismissing the bill, complainant appeals.

Bill by Edwin H. Humphrey against Ellsworth A. Holden and the Peninsular Manufacturing Company for an accounting. Defendants filed an answer in the nature of a cross-bill for an accounting with complainant. Prom a decree for defendants, complainant appeals.

Bill by James Hamilton against Frederick Deinzer, Frederick W. Biederman, the Excelsior Manufacturing Company and others to restrain the foreclosure of a chattel mortgage, for an accounting, and the specific performance of a contract. Defendant Biederman filed an answer in the nature of a cross-bill to determine the status of defendant corporation, and for an accounting. From the decree rendered, complainant and defendant Biederman appeal.

Assumpsit by Frank B. Spear, Frank B. Spear, Jr., and Philip Spear, copartners as F. B. Spear & Sons, against Karen Hanson for goods sold and delivered. A judgment for plaintiffs on a verdict directed by the court is reviewed by defendant on writ of error.

Bill by Albert J. Gilligham against Carl Ray and W. S. Waterman to enjoin the exhibition of certain moving pictures. From an order overruling a demurrer to the bill, defendants appeal.

Case by William D. McQuisten, administrator of the estate of Peter Trudell, deceased, against the Detroit Citizens’ Street Railway Company for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error. The deceased, of whose estate plaintiff is administrator, was killed in crossing the street car track of the defendant company.

<p>Negligence — Contributory Negligence — Unguarded Openings.</p> <p>Want of care which bars plaintiff’s recovery is shown by averments of a declaration that, during a visit to defendant’s, building, plaintiff borrowed a key of the tenant, and, finding an unlocked door in a relatively similar situation to that of a. water-closet on the floor below, without any investigation, entered and fell down an open shaft.</p>

Bill by the Gogebic Lumber Company against George E. Moore and others to quiet title to land, and to redeem the same from sale for taxes. From a decree dismissing the bill, complainant appeals.

), J., presiding. Mandamus by the board of supervisors of Gratiot county to compel Harvey R. Munson, county treasurer, to deposit county funds in a designated depository. An order granting the writ is reviewed by respondent on writ of certiorari.

Mandamus by John W. Wilson, president of the village of Climax, to compel George Cleveland and others, members of said village council, to perform their official duties. An order granting the writ is reviewed by respondents on writ of certiorari.

Harry H. Lippincott, special administrator, presented for probate the last will and testament of Maria S. Thorington, deceased. The will was allowed in the probate court, and John L. Starkweather appealed to the circuit court. A judgment for proponent is reviewed by contestant on writ of error: On motion to dismiss.

Assumpsit by Paul Dorff against the St. Adalbert’s Aid Society upon a benefit certificate. A judgment for plaintiff is reviewed by defendant on writ of error.

), J. Assumpsit by the Buckeye Brewing Company against Andrew Eymer for goods sold and delivered. A judgment for plaintiff of $61.82 is reviewed by plaintiff on writ of error.

Judgment creditor’s bill by the Saginaw County Savings Bank against Henry M. Duffield, executor of the last will and testament of Thomas Pitts, deceased. From a decree for complainant, defendant appeals.

Hannah Turja was convicted in justice’s court of being a disorderly juvenile offender, and sentenced to confinement in the industrial school for girls at Adrian until she attained the age of 21 years.

John Blake was convicted of murder in the second degree, and sentenced to imprisonment for life in the branch of the State prison at Marquette.

), J. Case by Eliza Marshall against the Saginaw Valley Traction Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by Philo E. Lacy against the Piatt Power & Heat Company and others to enforce a mechanics’ lien. From a decree dismissing the bill, complainant appeals.

Debt by the Rodgers Shoe Company against Henry P. Coon for the amount of a bond. A judgment for plaintiff is reviewed by defendant on writ of error.

Case by Jacob Dalm, by next friend, against the Bryant Paper Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Mandamus by George B. Yerkes, prosecuting attorney of Wayne county, to compel Fred W. Smith, police commissioner of the city of Detroit, to enforce the law against the playing of baseball on Sunday. An order denying the writ is reviewed by relator on writ of certiorari.

Case by Edward Plumb against the Hecla Company and another for personal injuries. A judgment for plaintiff is reviewed by defendant Hecla Company on writ of error.

Assumpsit by Benjamin Gero against Jennie L. Abbott for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error.

Case by Eoy Sabin, by next friend, against the Northwestern Leather Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

<p>Prohibition by Joseph Delor to restrain Joseph W. Donovan, circuit judge of Wayne county, from further action in contempt proceedings.</p>

Case by George Fournier, administrator of the estate of Mary Fournier, deceased, against the Detroit United Railway for negligent injuries to plaintiff’s intestate. . A judgment for plaintiff is reviewed by defendant on writ of error.

Petition by the city of Flint for the probate of an alleged lost will of Mary Stockdale, deceased. The will was disallowed in the probate court, and proponent appealed to the circuit court. A judgment for contestants is reviewed by proponent on writ of error.

Bill by Morey A. Nichols against Darius D. Buell and others for the cancellation of an alleged certificate of stock, and the repayment of its purchase price. From a decree for copplainant, defendants appeal.

<p>Mandamus by John E. Bird, attorney general, on relation of Matthew J. Maguire, to compel Alfred J. Murphy, circuit judge of Wayne county, to issue an injunction.</p>

Assumpsit in justice’s court by Babetta Bernstein against Prank Thayer for the amount of certain time orders. Plaintiff took judgment by default, and defendant appealed to the circuit court by writ of certiorari. A judgment for defendant is reviewed by plaintiff on writ of error.

<p>Error to Gratiot; Searl, J.</p> <p>Assumpsit by James H. Speer against William T. • Naldrett on a logging contract. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Case by Asa G. Maxwell against the Elk Cement & Lime Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Case by William H. Hunter against the township of Dwight for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Case by Alice D. Clement against Crosby & Company for personal injuries. Held: in which a can of the compound known as 6-5-4 was used, of some of the results of which experiment one of the witnesses for the plaintiff, recalled, testified that it required a naked flame to ignite it. “Q. You saw what we did down there this morning ? “A. Yes, sir. “Q. Took a red hot iron and painted it on with a brush ? “A. Yes,…

Case by Bertha K. Brown against Charles L. Bennett and Richard R. Smith for malpractice. A judgment for plaintiff is reviewed by defendants on writ of error. The action is trespass on the case.

Clair; Beach, J. William L. Wilson was convicted of embezzlement, and sentenced to imprisonment for not less than two and one-half nor more than five years in the Michigan Reformatory at Ionia.

Case made from Ottawa; Padgham, J. Certiorari by Daniel McDuffee, Sr., and another, to review the action of Edwin Fellows, drain commissioner, and Edward P. Kirby, probate judge, in condemnation proceedings for the establishment of a drain. A judgment for respondents is reviewed by petitioner on a case made.

Anna Forsythe presented a claim against the estate of James Thompson, deceased, for services rendered. The commissioners reported a failure to agree, and claimant appealed to the circuit court. A judgment for claimant is reviewed by defendant on writ of error.

Mandamus by Benoni Lachance to compel the board of canvassers of Mackinac county to set aside certain proceedings for a recount. An order granting the writ is reviewed by respondent on writ of certiorari.

Case by George C. Carbary, administrator of the estate of August F. Zirbel, Jr., deceased, against the Detroit United Railway for the negligent killing of plaintiff’s intestate. An order overruling a demurrer to the declaration is reviewed by defendant on writ of certiorari.

Case by Maude J. F. Pritchett, administratrix of the estate of Asa Pritchett, deceased, against the Detroit, Jackson & Chicago Railway Company for the negligent killing of plaintiff’s intestate. A declaration was filed joining a count under the survival act with a count under the death act. An order overruling a demurrer to the declaration is reviewed by the defendant on writ of certiorari.

Clair; Tappan, J. Case by William H. Seeley, administrator of the estate of Charles H. Seeley, deceased, against the Chicago, Detroit & Canada Grand Trunk Junction Railway Company and another for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendants on writ of error.

Case by William Harrison, by next friend, against Geralds T. Green for personal injuries. A judgment for defendant is reviewed by plaintiff on writ of error. Defendant is the owner of a packing house in the village of Oxford, in which there was installed a power meat chopping machine, driven by steam and operated by means of a belt running over loose and tight pulleys, governed by a hand lever, situated at or near the chopper.

Bill by the Pere Marquette Railroad Company to restrain George A. Weilnau, drain commissioner, from constructing a drain. From a decree for complainant, defendant appeals.