Volume 158 — Michigan Reports

Alexander T. Eischer presented his final account as administrator of the estate of Emma Fischer, deceased. From the allowance of the probate court, he appealed to the circuit court. A judgment disallowing certain fees for extraordinary services is reviewed by said administrator on writ of error.

Case by Sofus Lund, by next friend, against the Sargent Manufacturing Company for personal injuries. A judgment of $2,947.60 for plaintiff is reviewed by defendant on writ of error.

Case by Mina E. Garnsley against Esther L. Boyce for' personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error. Defendant owned and carried on a laundry. Plaintiff, a woman 28 years of age, was her employé. On June 12, 1905, plaintiff was feeding a mangle, i. e., was running butchers’ aprons throngh it, heavily saturated with starch.

Petition .by Clarence A. Lightner against John F. Prentis, James T. Keena, trustee, and Lawrence Richard for a writ of assistance. From an order granting the writ, Browse T. Prentis, claiming ownership, appeals.

Bill by Josephine Roberge, administratrix of the estate of Rose Bousquet, deceased, against Rose D. De Lisle and another for an accounting: On petition of defendant Rose to file a bill of review. From an order denying the petition, petitioner appeals. Mandamus by Rose D. De Lisle to compel Joseph W. Donovan, circuit judge of Wayne county, to vacate an order denying an extension of time to perfect an appeal.

Herbert A. Poppleton presented for probate the last will and testament of Sarah Poppleton, deceased. The will was allowed in the probate court, and Ella Poppleton appealed to the circuit court. A judgment for proponent is reviewed by contestant on writ of error.

Assumpsit by the people of the State of Michigan against the Bankers’ Surety Company, th© Federal Union Surety Company, and the United States Fidelity 8c Guaranty Company upon certain statutory bonds. Orders overruling separate demurrers to the declarations are reviewed by defendants on writs of certiorari.

Assumpsit by the people of the State of Michigan against the Title Guaranty & Surety Company of Scranton, Pennsylvania, upon a statutory bond. A judgment overruling a demurrer to the declaration is reviewed by defendant on writ of certiorari.

<p>Intoxicating Liquors — Sunday Opening — Criminal Law.</p> <p>A saloon which is accessible on Sunday from the living apartments of its proprietor, and used by boarders as a means of egress, is open in violation of the Sunday closing law.</p>

Assumpsit by the Pere Marquette Railroad Company against the Kalamazoo, Lake Shore & Chicago Railway Company upon an account stated. A judgment for plaintiff is reviewed by defendant on writ of error. This case, an action in assumpsit, was tried before the court without a jury upon stipulated facts.

Mandamus by Henry Skutt to compel Frank D. M. Davis, circuit judge of Ionia county, to vacate a temporary injunction. Relator became the purchaser at foreclosure sale of certain lands the title to which, when the mortgage was given November 1, 1880, was in Jude R. Spencer.

<p>Mandamus by James McQuater to compel Henry A. Mandell, circuit judge of Wayne county, to vacate an order dissolving a temporary injunction.</p>

Assumpsit by Benjamin F. Barendsen against Edward M. Wilder for a commission on the sale of certain real estate. A judgment for plaintiff is reviewed by defendant on writ of error.

Emily G. Darby, a legatee, petitioned the probate court for the removal of Robert B. Rice as executor of the last will and testament of Robert Rice, deceased. The petition was granted, and said executor appealed to the circuit court. A judgment affirming the order of the probate court is reviewed by defendant on writ of certiorari.

Case in justice’s court by Nellie M. Pattinson against Solomon P. Flayer for damages to personal property. Plaintiff recovered judgment, and defendant appealed to the circuit court. Plaintiff took a transcript from the judgment to the circuit court, pending the appeal. An order vacating the transcript judgment is reviewed by plaintiff on writ of certiorari.

Mandamus by the township of Wyoming and others to compel William J. Stuart, judge of the superior court of Grand Rapids, to vacate an order denying a temporary injunction.

<p>Assumpsit by Wladislaus Suchocki against the Calumet Insurance Company on a policy of insurance: On motion of defendant to amend the bill of exceptions.</p>

Mandamus by Charles Derosia to compel Richard J. Loree, treasurer of Sanilac county, to accept a liquor dealer’s bond. .An order granting the writ is reviewed by respondent on writ of certiorari.

), J. Case by Gottfried Scharman, administrator of the estate of Calvin Scharman, deceased, against the Bay County Bridge Commission for negligently causing the death of plaintiff’s intestate. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

<p>Eminent Domain — Review—Certiorari—Appeal and Error.</p> <p>An application for the writ of certiorari to review rulings made by the circuit court upon preliminary objections in proceedings in eminent domain is premature before verdict.</p>

<p>Error to Delta; Stone, J.</p> <p>Case by Edward Smith against John Tolan for malicious prosecution. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Assumpsit by the First National Bank against the Union Trust Company, receiver of the City Savings Bank, for the amount of a certified check. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by Samuel Anker against Charles M. Schreib, William Barber, and another to set aside certain tax deeds. From a decree dismissing the bill, complainant appeals.

Case by Albert Rouse against the Michigan United Railways Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by Stephen B. Monroe, trustee in bankruptcy of the Vicksburg Exchange Bank, and others, against William E. Bushnell and the Vicksburg Manufacturing Company to establish a lien for moneys furnished to defendants. From a decree for complainant, defendant Bushnell appeals.

Assumpsit by Stephen B. Monroe, trustee in bankruptcy of the Vicksburg Exchange Bank, and others, against William E. Bushnell for money had and received. A judgment for plaintiff is reviewed by defendant on writ of error.

, presiding. Case by Wynter C. Massey against Morton H. Luce and William B. Banks for fraud. A judgment for defendants is reviewed by plaintiff on writ of error.

Assumpsit by F. B. Holmes & Company against the city of Detroit for goods sold and delivered. A judgment for plaintiff on a verdict directed by the court for less than the amount claimed is reviewed by plaintiff on writ of error.

Clair; Tappan, J. Case by Harry Rawlings against the Clyde Plank & Macadamized Road Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by Joseph F. Weber against the city of Detroit and Forbes Robertson, county treasurer, to vacate the levy of a special assessment. From a decree for defendants, complainant appeals.

<p>1. Incompetent Persons — Probate Court — Insanity.</p> <p>Proceedings to adjudicate an individual insane should show a strict compliance with all the statutory requirements.</p> <p>2. Same — Jurisdiction.</p> <p>An order adjudging the respondent to be insane and committing her to an asylum, is void for want of jurisdiction, upon a record which shows that the petition was filed on May 21, 1902, an order for hearing made on May 22d, fixing the time of hearing on May 23d at 4 p. m., and that the hearing was held on May 22d at 4 p. m.</p> <p>3. Same — Evidenoe—Admissions—Estoppel—Res Adjudioata.</p> <p>It was error to admit in evidence, for the purpose of showing an estoppel, subsequent proceedings in probate court upon a petition to declare respondent restored to'mental soundness wherein, at respondent’s request, an order of discontinuance was entered, with costs against her.</p> <p>4. Same — Mental Incapacity — Evidence.</p> <p>An admission of insanity can never fix the status of incompetency.</p> <p>5. Same — Statutes—Restoration to Mental Soundness.</p> <p>Proceedings under 1 Comp. Laws, § 1942, for an order declaring the petitioner restored to sanity, are not required but are permissive.</p> <p>6. Same — Evidence—Presumptions.</p> <p>Persons are presumed to be sane until the contrary is shown by a preponderance of the evidence.</p> <p>7. Same.</p> <p>Jurisdictional defects in an order determining insanity may be attached collaterally, where no rights of innocent third persons are involved.</p> <p>8. Same.</p> <p>Such proceedings are not adversary, but in the interest of the public, to protect deficient citizens.</p> <p>9. Same.</p> <p>Where the only evidence of incompetency was the cross-examination of the respondent, who showed a fair degree of intelligence in business affairs, and. of acquaintance with her property, and gave no evidence of mental incapacity under a lengthy cross-examination, an order appointing a guardian is not sustained by the proof.</p>

Bill by the Dime Savings Bank against Allan M. Fletcher, the Fletcher Paper Company, and others, to cancel a loan obtained by fraud, for an accounting, and the establishment of a trust. From a decree dismissing the bill, complainant appeals.

, presiding. John J. Zimmer presented his final account as administrator with the will annexed of the estate of Elnora Saier,- deceased. The. account was allowed in the probate court, and Charles Saier and others appealed to the circuit court. A judgment allowing the account in part only is reviewed by the administrator on writ of error.

Susie Smith presented an account as guardian of Hiram Cameron, an incompetent. The account was disallowed in the probate court, and she appealed to the circuit court. A judgment dismissing the appeal is reviewed on writ of error.

Case by John Shepard against Charles Platt, principal, and James F. Burton and Andrew B. Berry, sureties, under the civil-damage act. A judgment for plaintiff is reviewed by defendants on writ of error.

Case by John A. Knudsen against the city of Muskegon for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

<p>Error to Lapeer; Smith, J.</p> <p>Assumpsit by Mary Conley against the Supreme Court, Independent Order of Foresters, on a policy of insurance. A judgment for plaintiff is reviewed on writ of error.</p>

Bill by the Union Trust Company, administrator of the éstate of Joseph H. Berry, deceased, and others, against the common council of the city of Detroit and others to enjoin the payment for a site for a pumping station. From a decree for complainant, defendants appeal.

), J. Case by Adeline Forsyth against the city of Saginaw for personal injuries. An order sustaining a demurrer to the declaration is reviewed by plaintiff on writ of error.

<p>Exceptions before judgment from Ionia; Davis, J.</p> <p>Fred A. Randall was convicted of violating a village ordinance.</p>

Case by Kathryn Bannigan, by next friend, against Edward Woodbury, individually and as administrator of the estate of Jeremiah P. Woodbury, deceased, for personal injuries. An order sustaining a demurrer to the declaration is reviewed by plaintiff on writ of error. Plaintiff in her declaration complains of defendant, Edward Woodbury, administrator of the estate of Jeremiah P. Woodbury, deceased, and Edward Woodbury, individually.

Bill by Paul B. Moody, executor of the last will and testament of John B. Sutton, deceased, against John B. Macomber to quiet title to certain real estate, and for an accounting. Prom an order overruling a demurrer to the hill, defendant appeals.

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, Wilber W. Steele, and A. Arthur Caille, co-partners 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 motions to dismiss writs of error.

, presiding. Assumpsit by George F. Germain against the Union School District of the city of Stanton upon a building contract. A judgment for plaintiff is reviewed by defendant on writ of error. On September 26, 1905, plaintiff entered into a written contract with defendant to erect a large school building for the sum of $15,820.

Bill by Jessie May Camp against Talcott H. Camp for a divorce: On petition of defendant for a modification of the decree respecting alimony. From an order dismissing the petition, petitioner appeals.

Case by Marvin L. Perego, administrator of the estate of Ralph Austin Perego, deceased, against the Lake Shore & Michigan Southern Railway Company for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error. Plaintiff’s decedent, a boy 8£ years old, was killed while crossing the tracks in the defendant’s yard, opposite the passenger house, being struck by the tender of an engine which was backing on a switch track.

Assumpsit by Fred Deloria and Joseph Gibbs, copartners as Deloria & Gibbs, against Frank H. Atkins for goods sold and delivered. A judgment for defendant on a verdict directed by the court is reviewed by plaintiffs on writ of error, Reversed, and judgment entered for plaintiffs.

Case by Robert Beattie against the Detroit United Railway for personal injuries. A judgment for defendant is reviewed by plaintiff on writ of error.

Assumpsit by Chauncey J. Rumsey against John P. Pox and others upon certain promissory notes. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

Case made from Kent; Perkins, J.. Petition by Mathias Simon to share in the distribution of the estate of Joseph Simon, deceased. The petition was denied in the probate court, and petitioner appealed to the circuit court. A judgment affirming the order of the probate court is reviewed by petitioner on a case made.

Case made from Oakland; Smith, J. Case by C. Ralph Schnider against James Montross for false imprisonment and malicious prosecution. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on a case made. The plaintiff is a meat peddler in Oakland county and particularly in the village of Leonard, in said county. The defendant, upon the date of the commission of the alleged wrong to plaintiff, was the proprietor of a butcher shop in said village.

Bill by Percy Hackett, administrator of tbe estate of Ralph Hackett, deceased, against John .B. Mcllwain for an accounting. From a decree for complainant, defendant appeals.

Assumpsit by Allen Roswell Sheffer against A. B. Fleischer upon certain promissory notes. A judgment for defendant is reviewed by plaintiff on writ of error.

Assumpsit by the Pulpwood Company against Frank Perry on a contract for the sale and delivery of certain wood. A judgment for plaintiff on a verdict directed by the court for less than the amount claimed is reviewed by plaintiff on writ of error.

<p>Mandamus by Edward G. Folsom, Jr., to compel the State veterinary board to register relator under the provisions of Act No. 244, Pub. Acts 1907.</p>

Case by Antoine E. Bonneville against the city of Alpena for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by John W. Ward against Cliff R. Cook for the recovery of moneys advanced under a contract of employment. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by James Gault against Frank Gault and Neta Gault for the possession of certain real estate. From a decree for complainant, defendants appeal.

Case by Swan G. Nelson, administrator of the estate of Louis Oscar Nelson, deceased, against the Pittsburg Coal Dock Company for the negligent killing of plaintiff’s intestate. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Case by Walter Brouseau against the Kellogg Switchboard & Supply Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Attachment proceedings by John L. Showen against the J. L. Owens Company. An order overruling a plea in abatement and denying a petition to dissolve the writ is reviewed by defendant on writ of certiorari.

Clair; Law, J. Bill by Anna P. Miller against Roxanna Peter, Alvin Peter, and William A. Young, administrators of the estate of William Peter, deceased, to have a deed absolute upon its face declared to be a mortgage, for permission to redeem therefrom, and for an accounting. Prom a decree dismissing the bill, complainant appeals.

Assumpsit by the board of supervisors of Arenac county against the board of supervisors of Iosco county for expense incurred in the treatment of contagious diseases. A judgment for defendant is reviewed by plaintiff on writ of error.

Bill by Orlando L. Torrey and others against the Toledo Portland Cement Company, William Watts, Charles M. Cooley, Randall T. Van Valkenburg, and others for the appointment of a receiver of defendant corporation, for an accounting, and for general relief. Prom the decree rendered, complainants appeal.

Case by Loren D. Pierce against the O. H. Bidwell Thresher Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

. Error to Macomb; Erskine, J. Case by Millie Gallon, guardian of Mabel Wellington, against the House of the Good Shepherd for false imprisonment of plaintiff’s ward. A judgment for plaintiff is reviewed by defendant on writ of error. Defendant was incorporated in the year 1884 under the provisions of Act No. 20, Laws 1855 (3 Comp.

Catherine Loree presented for probate the last will and testament of Joseph Loree, deceased. The will was allowed in the probate court, and Alma Yedder and others appealed to the circuit court. A judgment for proponent on a verdict directed by the court is reviewed by contestants on writ of error.

Clair; Tappan, J. Trover by Henry Diem, administrator of the estate of Henry Drogmiller, Sr., deceased, against Henry Drogmiller, Jr. A judgment for defendant is reviewed by plaintiff on writ of error.

Case by Fletcher Betterly against the Boyne City, day-lord Sc Alpena Railroad Company for personal injuries. A judgment for plaintiff is reviewed by defendant on. writ of error.

Case by Martin P. Birdsall against Eldon Smith, Ormond C. Howe, and Edward A. Havens for malicious prosecution. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

Almeron Whitehead and John Moore, executors, presented for probate the last will and testament of Thomas Langley, deceased. The will was allowed in probate court and Nellie L. Sunley and others, heirs at law, appealed to the circuit court where judgment was entered for proponents: On motion for an extension of time to sue out writ of error.

Mandamus by Josepb Ullman, Daniel L. Ullman, and Gabe Ullman, copartners as J. Ullman Sc Company, to compel Andrew Sandell, treasurer of Ironwood township, to pay the amount of an order: On motion to dismiss writs of error and certiorari.

Case by Frederick Belmer, by next friend, against the Boyñe City Tanning Company for personal injuries: On motions of plaintiff to dismiss a writ of error, and of defendant for an extension of time for the issuance of the writ.

<p>1. Insurance — Actions—Pleading—Denial op Execution.</p> <p>Evidence that the policy of insurance set forth in the declaration did not permit other concurrent insurance, as alleged, is inadmissible unless the defendant in pleading denies the execution of the policy under oath.</p> <p>2. Same — Defenses—Sole and Unconditional Ownership.</p> <p>It is proper to refuse to direct a verdict for a defendant, who is sued upon an insurance policy, on the ground that the plaintiff was not the sole and unconditional owner of the property insured, where he testified that he fully informed the agent of the true situation.</p> <p>3. Same — Increase of Hazard.</p> <p>The defendant has no ground to complain of the action of the trial court in submitting to the jury, as a question of fact, the increase of hazard claimed by defendant to have resulted from the failure of plaintiff to take out a license to conduct his retail liquor business.</p> <p>4. Trial — Conduct of Attorneys — Improper Argument.</p> <p>Where attorneys for both sides indulged in extravagant argument, the court disposed of the matter in a proper manner by instructing the jury to disregard it.</p>

Case by Charles A. Sewell against the Detroit United Railway for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by the Pikes Peak Company against Charles H. Pfuntner and Jacob Beller to establish an interest' in a lease. From a decree for complainant, defendant Pfuntner appeals. The defendant Beller on November 1, 1901, leased to one Ingersoll a parcel of land situated near the Belle Isle bridge in the city of Detroit for 10 years at an annual rental of $1,500. The lease was assigned to the Detroit Amusement Company.

Bill by Norman J. Dolph against Dennis J. Norton to quiet title to land held under a tax deed. Defendant filed aü answer in the nature of a cross-bill to redeem from said sale. From a decree for defendant, complainant appeals.

Case by James Edwards against the Engadine Lumber Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Olair; Tappan, J. Bill by Charles M. Green and Charles M. Green, Jr., copartners as Charles M. Green & Son, against the Bay City & Port Huron Railroad Company for the specific performance of a contract. From an order overruling a demurrer to the bill, defendant appeals.

Assumpsit by the People’s Building & Loan Association Company against Albert G. Rutz upon certain promissory notes. A judgment for plaintiff is reviewed by defendant on writ of error.

<p>Error to Tuscola; Beach, J.</p> <p>Attachment proceedings by Lucy M. Holmes against Robert H. King. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Assumpsit by Emma Conger against Charles W. Hall for work and labor. A judgment for plaintiff is reviewed by defendant on writ of error.

<p>Error to Otsego j Sharpe, J.</p> <p>Case by Grant Dugan against Boyne City, Gaylord & Alpena Railroad Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Case by John S. Lawrence against the Herald Publishing Company and George E. Ellis for libel. A judgment for plaintiff against defendant Ellis alone is reviewed by plaintiff on writ of error.

oBill -by Orrin G. Youngquist against the C. H. Blomstrom Motor Company, C. H. Blomstrom, and Nathan M. Kaufman to establish an interest in defendant corporation. From a decree for complainant, defendant Blomstrom appeals.

Bill by Louise M. Gates, administratrix of the estate of Samuel G. M. Gates, deceased, against the Detroit & Mackinac Railway Company for an injunction, the specific performance of a contract, and an accounting. From a decree for complainant, defendant appeals.

<p>Appeal from Huron; Beach, J.</p> <p>Bill by Dorothy J. Beadle against George D. Anderson and another to set aside certain deeds. From a decree for complainant, defendant George D. Anderson appeals.</p>

Mandamus by William H. Mills to compel the common council of the city of Ludington to approve relator’s bond for the sale of intoxicating liquor.

Mandamus by Joseph Ullman, Daniel L. Ullman, and Gabe Ullman, copartners as J. Ullman & Company, to compel Andrew Sandell, treasurer of Ironwood township, to pay the amount of an order. An order denying the writ is reviewed by .relators on writ of certiorari.

Bill by Wilson H. Hicks and another against the J. B. Pearce Company and another to restrain a sale on the foreclosure of a chattel mortgage: On motion to dismiss an appeal from a decree dismissing the bill.

Petition by Mae Mills Hulbert for a rehearing on the allowance of the final account of Myron Mills, deceased. The petition was granted, and the administrator appealed to the circuit court. An order dismissing the appeal is reviewed by said administrator on writ of error. Appellant, Myron Mills, was the administrator of the estate of Frank B. Mills, deceased. On April 2, 1907, he presented his final account to the probate court, and asked for its allowance.

Assumpsit by W. E. Haas against the Malto-Grapo Company, Limited, for breach of a contract of employment. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by James L. Lipsett and others against Andrew Hassard upon a promissory note. A judgment for defendant is reviewed by plaintiffs on writ of error. Plaintiffs, defendant, and several others were stockholders in the Soo Milling Company, a limited copartnership organized in 1901 for the purpose of operating a flouring-mill in the city of Sault Ste. Marie. The business was a losing venture, and it was necessary to borrow money to carry on the business.

Summary proceedings by Eva M. Duff against William Hall for the possession of certain real estate. A judgment for defendant is reviewed by complainant on writ of error. Complainant obtained from the commissioner of the State land office a deed of the lot in question under section 131, Act No. 206, Pub. Acts 1893, as amended by Act No. 141, Pub. Acts 1901. Her deed was obtained September 20, 190?.

, presiding. Assumpsit by John Godkin against Joseph E. Weber for goods sold and delivered. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

Assumpsit by Morris & Company against Frederick C. Lucker on a contract of guaranty. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

Bill by William Roberts against the city of Sandusky to restrain the collection of a special assessment. From a decree for complainant, defendant appeals.

Case by Sylvia L. McNetton against Joseph Herb, principal, and Aaron Jones and Joseph Gietzen, sureties, under the civil-damage act. A judgment for plaintiff is reviewed by defendants on writ of error.

Assumpsit by the Pittsburgh Goal Company against Henry Northy for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by the Rochester Distilling Company against Peter Bostrum for goods sold and delivered. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

Bill by Franc A. Turnbull, L. Burt Turnbull, and James D. Turnbull, Jr., against Charles R. Leavitt and John McPhee to set aside a deed and to quiet title to certain real estate. From a decree dismissing the bill, complainants appeal.

Assumpsit by Laura Hills against the city of Muskegon for taxes paid under protest. A judgment for plaintiff is reviewed by defendant on writ of error.

Case by Joseph P. Rademacher, administrator of the estate of Mary Konkle, deceased, against the Detroit, Grand Haven Sc Milwaukee Railway Company for the negligent killing of plaintiff’s intestate. , A judgment for plaintiff is reviewed by defendant on writ of error.

The Detroit National Bank filed its claim with the Union Trust Company, receiver of the City Savings Bank, on certain certified checks, and on disallowance of its claim filed its petition to intervene. An issue was framed and tried on the law side of the court, resulting in judgment for the receiver, which is reviewed by claimant on writ of error.

<p>Mandamus by George E. Weale to compel Kelly S. Searl, circuit judge of Clinton county, to vacate an order quashing capias ad respondendum proceedings.</p>

Bill by Alma A. Hoagland against Minerva A. Beckley and others to set aside a deed, and to quiet title to real estate. From a decree for complainant, defendant Beckley appeals.

Clair; Tappan, J. Assumpsit by Anna Samberg against the Knights of the Modern Maccabees on a policy of insurance. A judgment for plaintiff is reviewed by defendant on writ of error.

Clair; Tappan, J. Bill by Julia A. Hoffman against Louise C. Nelson and another to restrain the removal of a building. From a decree dismissing the bill, complainant appeals.

Mandamus by Louis Knabush to compel the common council of the village of Britton to approve a liquor bond. An order denying the writ is reviewed by relator on writ of certiorari.

Case by Andrew Niblock against the Ann Arbor Railroad Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by George Trudeau and Charles Rambaud, copartners as Trudeau & Rambaud, against Anselme Boivin for goods sold and delivered. A judgment for plaintiffs is reviewed by defendant on writ of error.

<p>Practice — Production of Evidence to Enable Defendant to Plead — Mandamus.</p> <p>Mandamus will not lie to vacate the order of a circuit judge compelling the relator to produce, in an action of assumpsit wherein he is defendant, books of account which contain a record of the matters involved in the action, and which are necessary to enable the plaintiff to furnish a required bill of particulars.</p>

Ejectment by the city of Detroit against Joseph L. Weber and others. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

Case by Annie Richter against Ernest E. W. Stolze for slander. A judgment for plaintiff on a verdict directed by the court for nominal damages only is reviewed by plaintiff on writ of error.

Assumpsit by Frederick W. Hooper and James D. Glavin against Louis Mueller and Charles Mueller, co-partners as Mueller Brothers, for rent. A judgment for plaintiffs for less than the amount claimed is reviewed by them on writ of error.

<p>Mandamus by the United States Graphite Company to compel William G. Gage, circuit judge of Saginaw county, to settle a bill of exceptions.</p>

Assumpsit by Lionel Millard against William A. Hart for work and labor. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

Case by Louis Michaels and Edward Michaels, copartners as Michaels Brothers, against Robert McRoy, Charles Marshall, Charles Palmer, Frank Rathsburg, George Ryman, and Joseph Taylor, board of trustees of the village of Imlay City, for failure to require the statutory bond of a contractor for the construction of a public building. A judgment for plaintiffs on a verdict directed by the court is reviewed by defendants on writ of error.

Condemnation proceedings by the board of water commissioners of the city of Detroit against Jganette Lorman. An order quashing the petition is reviewed by petitioner on writ of certiorari. This is certiorari to review the action of the circuit court for the county of Wayne in quashing and setting aside certain proceedings launched by the petitioner for. the purpose of condemning lands of the respondent for public use.

Bill by Elizabeth Clifton against George L. Keeler, administrator with the will annexed of the estate of John Parr, deceased, to restrain defendant from using funds of said estate in an appeal from an order of distribution. From an order sustaining a demurrer to the bill, complainant appeals.

Assumpsit by Frank 'L. Hoyt against the Paw Paw Grape Juice Company, Limited, for the recovery of money advanced under a contract of employment. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

<p>1. Sales — Contracts—Implied Warranty of Fitness.</p> <p>With the sale of a molder, which was represented to be satisfactory for light moldings, sash, door, and blind work, a warranty that,„the machine, which the seller manufactured, was fit for its intended purpose is implied, and may be enforced in an action for damages, notwithstanding a clause in the contract of sale that the retention of the molder for more than thirty days should avoid all express or implied warranties, such contract provisions being waived by a promise to remedy defects, made within the thirty-day period.</p> <p>2. Principal and Agent — Evidence of Authority.</p> <p>Agency may be inferred from the fact that the circulars and letter heads of the defendant described the salesman, with whom the plaintiff dealt, as their agent for Michigan.</p>

Appeals from Marquette; Stone, J. Bills by Charles Johnson and the Cleveland-Cliffs Iron Company against Philip J. Hogan and others, and by the Cleveland-Cliffs Iron Company against Louise T. Hull and others, to quiet title to land. From decrees for defendants, complainants appeal.

Bill by tbe Midland County Savings Bank against the T. C. Prouty Company, Limited, and tbe T. C. Prouty Company for tbe foreclosure of a land contract. From a decree for complainant, defendant partnership appeals.

Case by Peter J. Moers, administrator of the estate of Edward J. Moers, 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.

Case by Susie R. Schultz against the Michigan United Railways Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error. Plaintiff recovered a verdict and judgment for injuries sustained August 23, 1906, while she was a passenger on one of .defendant’s interurban cars in the city of Battle Creek.

<p>1. Municipal Corporations — Contracts for Public Improvements — Statutory Bond to Protect Materialmen.</p> <p>An action for the benefit of materialmen may be maintained on a bond given to the city of Alpena to provide, at the charge of the principal, all labor and materials required in the performance of a contract for public improvements, and to indemnify the city, its officers, council, and the people of the State of Michigan from all claims to become due on account thereof, as upon a statutory bond given in compliance with 8 Comp. Laws, § 10748, even though the obligee of the bond was not the people, but the city.</p> <p>2. Same — Construction Bond — Public Officers.</p> <p>Failure to require such a bond as substantially complies with the statute renders the officers charged with the duty liable to the injured materialmen or laborers.</p> <p>3. Same — Principal and Surety — Bonds—Construction and Interpretation-Exhausting Remedy Against Obligee.</p> <p>A clause in. such bond containing an agreement to furnish, at the principal’s cost and charge, the labor and materials used, is intended to require the-payment of all such claims, and not merely to indemnify the officers of the city after an action to charge them is brought and determined.</p>

Case by Robert E. Hull against the Detroit United Railway for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Case by Thomas G. Conner against the Lake Shore & Michigan Southern Railway Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Clair; Law, J. Mandamus by Golden Star Lodge, No. 1, of the Ladies’ Auxiliary to the Brotherhood of Railroad Trainmen and others to compel Ray N. Watterson, grand mistress, and Augusta M. Statzer, grand secretary and treasurer, to vacate an order revoking relator’s charter. An order granting the writ is reviewed by respondent on writ of certiorari.