Volume 16 — Michigan Reports

This was an action of ejectment brought to recover the possession of certain lands in Hamburg, Livingston County. The defendant set up a title based upon sales on two executions issued on transcripts of Justices’ judgments, and filed in the Circuit Court. Objections were made to tbe admission of said transcripts on the trial in the Circuit Court on account of several defects appearing in said transcripts, and which are stated in the opinion.

Joseph Circuit. This was an action of ejectment by the owner of the fee, brought against the plaintiff in error, who- claimed the premises by virtue of two deeds from the Auditor General, made on sales for the years 1856 and 1857. The tax deeds had been recorded in the counties where the land was situated, more than two years'before the commencement of suit. The plaintiff below obtained judgment in the Circuit Court.

Joseph. Circuit. This was au action of replevin to recover the possession of certain chattels which Flood had exchanged with Wilbur for lands, he, Wilbur, had failed to convey. Judgment was rendered for the plaintiff. The case was removed by writ of error and bill of exceptions. - The facts and rulings of the Court below are stated in the opinion.

Plaintiff in error pleaded not guilty to an information for burglary. Eor the purpose of making a motion to quash, leave was granted to withdraw his plea of not guilty. The motion was overruled, and the trial proceeded. No formal renewal of the plea was made. The jury found a verdict of guilty; and sentence was passed. The principal error assigned was, that there was no plea or issue in the case. The facts are stated in the opinion.

Case made after judgment, from Livingston Circuit. This was an action of assumpsit commenced by one John Vickery, to recover the amount due ujion certain promissory notes. The defendants pleaded the general issue. After issue joined, Vickery died. His death was suggested on the record, and the cause was revived in the name of the plaintiff as his administratrix. The defense was that the plaintiff, being a foreign administratrix, could not maintain the action.

Quo warranto. The iuformation in this case was filed to test the right of defendant to the office of Treasurer for Wayne County. But a single question is presented by the pleadings, viz., Whether the relator was obliged to offer to file his official bond and oath — the defendant' claiming to hold the office by virtue of a certificate of election, and refusing to vacate the same.

<p>Case made after judgment from Livingston Circuit.</p>

This was a motion to enter and dismiss said appeal for want of prosecution. The appeal was taken April 19, 1867. An extension of time was granted by the court below in which to file a transcript, expiring June 18, 1867.

This was a motion to remand the writ issued in this cause for a further return. On April 5, 1865, an application was made to the highway commissioners of the town of Caledonia, Shiawassee county, by the requisite number of freeholders, for the discontinuance of a certain highway therein described. Said commissipners having appointed a time and place for meeting, met accordingly, and made an order discontinuing said highway, which order is dated April 18, 1865.

Quo warranto. This was a motion to strike the cause from the docket. It appeared that an information was duly filed, and also an answer thereto, setting up a defense upon the merits. A stipulation was afterwards signed by the relator and respondent, but not by the Attorney General, admitting the facts. No replication being filed, the default of the Attorney General was entered. The Attorney General afterwards, but without leaye of respondent, signed the stipulation.

This was an. action on two promissory notes made by Beir, Crouch, Holdridge & Co., to tbe order of, and indorsed by A. Vickery. Defendant pleaded tire general issue.

Tbis was an action of assumpsit brought before a Justice of the Peace to recover tbe amount due upon a promissory note. Judgment was rendered for plaintiff. Tbe defendant applied to tjie Circuit Court for leave to take a special appeal, under tbe statute, claiming tbat be bad been prevented from appealing within tbe usual time by circumstances not under his control. Tbe appeal was granted. Tbe facts are stated in tbe opinion.

Cases brought up for review from. Wayne Circuit. These were three actions on the case brought against defendants as common carriers, to recover the value of certain goods burned while in their depot at Detroit, in April, 1866. The defendants pleaded the general issue. The cases were heard together without a jury, on stipulations.

Case brought up for review from Wayne Circuit. This cause was heard with the McMillan case (ante p. 79,) on stipulation; and which, see. Judgment was rendered for defendant.

Case brought up for review from Wayne Circuit. This cause was heard with the McMillan case (ante p. 79,) on stipulation. Judgment was rendered for defendant.

The bill in this case was filed by complainant, who was in possession of the premises, to quiet his title. The defendant relied upon a tax sale. A decree was made in favor of complainant. The facts are stated in the opinion.

Appeal in Chancery from Wayne Circuit. The bill in this ease was filed to obtain a divorce on the ground of cruelty and habitual drunkenness. The defense set up was that defendant was an habitual drunkard when complainant married him, and that she knew it. A decree was made in favor of complainant.

The information in this case charged Pitcher with burglariously entering a certain dwelling house, with intent to steal, etc. The proof tended to show that the building entered was the complainant’s barn, and that the same constituted one of the outbuildings belonging to the dwelling, and that Pitcher stole certain wool therefrom.

This was an action of assumpsit, to recover back certain overpayments. Judgment was rendered for plaintiff. The facts are stated in the opinion.

This was an action of trespass to recover damages of the Supervisor of Pittsfield for having attached his warrant to the tax roll for 1865, by reason of which plaintiff’s property was seized. The tax was alleged to be illegal. Judgment was rendered for the defendant. The facts are stated in the opinion.

This was an action of replevin brought to recover the possession of a sewing machine.

The appeal in this case was taken from an order of the Circuit Court setting aside a sale of real estate, and ordering a re - sale. The facts are stated in the opinion.

The plaintiff below declared against Rorabacher in assumpsit, on tbe common counts, and gave notice that he would introduce in evidence on tbe trial, a certain agreement, a copy of which was served with tbe declaration. Tbe defendant pleaded tbe general issue. On the trial the plaintiff introduced in evidence, under objection, the following agreement: “Geeen Oak, October 8th, 1861.

Appeal in Chancery from Jackson Circuit. This was a bill to restrain the collection of certain alleged illegal taxes placed upon the township roll of Napoleon for the year 1865. The bill in the court below was dismissed. The facts are stated in the opinion.

Joseph Circuit. This was an action on the case to recover damages sustained by plaintiff by reason of mal-practice, and gross - negligence of defendant in the exercise of his profession as a surgeon, while in attendance upon plaintiff’s wife; and by reason of which she died. The declaration alleged the loss of service, and the comfort and society of plaintiff’s wife, his mental suffering, and the expenses attending her necessary care.

This was a motion for a supersedeas directed to Adolphos W. Burtt, a justice of the peace for Oakland county, to stay the further prosecution of a suit in attachment, pending before him. Suit by attachment was commenced in the Circuit Court, and certain valuable personal property was seized. On motion, the attachment was dissolved by the commissioner, and the sheriff was ordered to restore the property.

Quo warranto. Tlie information in this case was filed to test the right of the defendant to hold the office of Treasurer for the county of Wayne. Defendant filed a demurrer and which was overruled — 15 Mich. 354 — whereupon he was allowed to plead, issuably. The case was tried by a jury and a verdict found for relator. The court was asked to impose a fine under the statute. 2 Qomp. L. § 5312.

This was an action of assumpsit brought to recover the balance of certain unpaid partnership claims, according to tbe terms of tbe following written instrument: “I, Artemas Sigler, one of the members of the late firm of Sigler & Gillett, at Adrian, Michigan, hereby agree and consent that Augustus B. Gillett, the other member of said firm, may compound and arrange with the creditors of said firm for his own release from the debts thereof, as he shall he able; and I waive all…

This was an appeal from the allowance by a commissioner of the estate of Daniel Kimball, of certain claims against said estate. In the Circuit Court the defendant in error was permitted, under objection, to testify concerning certain dealings between himself and Samuel B. Kimball in his life time, and to offer certain .receipts in evidence. Judgment was rendered for plaintiff below. The exceptions to the rulings of the court below, are stated in the opinion.

Appeal in Chancery from Kent Circuit. The bill in this cause was filed to enforce the specific performance of a contract for the sale of certain lands. A demurrer to the bill was filed by the two principal defendants, and which was overruled. The bill was taken as confessed, as to the remainder of defendants.

This was an action of trespass brought by plaintiff in error against defendant in error, for issuing his warrant as supervisor to collect a certain alleged illegal tax, and by which the property of plaintiff in error was sold. The defendant below pleaded the general issue, and gave notice that he did the act as supervisor. Judgment was rendered in his favor.

Mandamus against the supervisor of Onondaga, Ingham County. Held: the supervisor of said town was directed to disregard the provisions of said act and not to levy a tax therefor; and thereupon, though duly requested to levy said tax, he refused so to do.

This action was originally brought before a Circuit Court commissioner — under the “Forcible entry and detainer act” — to recover possession of certain real estate which had been foreclosed by advertisement. . . Judgment was rendered for the plaintiff below. An appeal was taken by defendant to the Circuit Court, and the judgment reversed. The case comes up to this court on error.

Appeal in Chancery from Muskegon Circuit. The bill in this cause was filed to restrain the collection by a commissioner, of a special contribution towards the payment of a claim against the state for certain improvements on the Muskegon River. The facts were admitted by stipulation. A decree was rendered in accordance with the prayer of the bill, and a perpetual injunction granted. The case involves the constitutionality of the act of 1857 — Sess.

K. Gillett, a Circuit Court Commissioner for Wayne County. This was a motion to strike from the docket on account of an alleged defective notice of hearing — for the January term at Lansing. The writ of certiorari in this case was made returnable on the 26th day of December, 1867. The return was filed on the 24th day of the same month, and the notice of hearing was served on the same day.

Taylor, Circuit Court Commissioner for Washtenaw County. Application was made to the commissioner to dissolve an attachment, on the ground that an irregular citation had been issued by him. It was admitted that the citation was •defective, but defendant asked the court to quash none of the proceedings anterior to the order' of dissolution, and to allow the. petition filed with the commissioner, to continue in force.

Motion to 'dismiss the appeal for want of return. The motion was made December 10, 1867, but the return of the transcript was filed January 6, 1868, the day previous to the calling up of the motion.

Quo Warranto. Motion for a new trial. The information in this canse was filed by the relator, G-urdon 0. Williams, to test the right of Edward V. Oicott to hold the office of sheriff for the county of Wayne.

This was an action to recover the amount due upon a promissory note. The declaration 'was on the common counts, with a copy of the note. The ad damnum was for $500. Judgment was rendered for plaintiff for $603.25.

This was añ action to recover a balance claimed to be due to Brady & Co., for goods sold and delivered. The declaration was in assumpsit, upon the common counts. The defendant pleaded the general issue, and gave notice of set-off, payment, accord and satisfaction. Judgment was rendered for the plaintiff. The errors assigned are based upon refusals to charge, by the circuit judge; and which are stated in the opinion.

Quo Warranto. The information in this cause was filed to test the right to the office of Sheriff, for Houghton county. An issue of fact having been joined, the cause was referred to the Houghton Circuit for trial. ■The cause was tried without a jury. The court below found that the defendant was not guilty of intruding into the said office. No exceptions were taken in the court below. The report of the circuit judge being now before the court, the defendant moved for judgment.

Appeal in Chancery from Kalamazoo Circuit. The bill in this cause was filed to compel the specific performance of an alleged contract of sale at auction of certain patents. The case was heard on the pleadings and proofs, and the bill was dismissed. The facts are stated in the opinion.

Tlie defendant below was- convicted upon an information for murder. After the trial it was discovered that one of the jurors was an alien. A motion was made for a new trial, founded upon affidavits tending to show the alienage of the juror. The motion was overruled. Error is assigned upon said fact.

Case made after judgment, from Saginaw Circuit. This was an action brought to recover of defendants the value of certain goods sold and delivered. The declaration was on the common counts, and the plea the general issue. The defendants, who lived at East Saginaw, purchased the goods of plaintiffs, who did business at Cleveland, Ohio, and directed them to send the same by railroad.

Appeal in chancery from Barry Circuit. The bill in this cause was filed to quiet the title to certain lands owned by complainant. The defendant relied upon the Auditor General’s deed for the sale of said land for non-payment of taxes for the year 1859. A decree was entered in the court below for complainant.

‘This was an action of replevin brought against the Sheriff of Kalamazoo county, to recover certain personal property taken on execution, on the ground that the property was exempt. Judgment was rendered for defendant. The facts are stated in the opinion.

This was a. motion to dismiss for want of prosecution. The writ was sued out January 17, 1868, and returnable February 18, following. But the return was not made and filed till February 21.

This was an action of assumpsit, brought to recover damages on a policy issued by plaintiff in error to Messrs. Leidlein & Burger, and by them assigned to defendant in error. Defendant pleaded the general issue and gave notice of special matter. A verdict was rendered for the plaintiff below. The facts are stated in the opinion.

This was an action of assumpsit to recover damages for a breach of contract. Tbe declaration contained a special count, and also tlie common counts. The defendant pleaded tlie general issue and gave notice of set-off. The cause was referred. The referees in their report allowed defendant’s set-off to the amount of the plaintiff’s claim, and also allowed their costs of suit. The report was confirmed in the court below. The facts are stated in the opinion.

Case made from Wayne Circuit. This was an action of replevin brought by plaintiff against defendant for the unlawful detention of certain goods and chattels mentioned in the writ, and to recover damages therefor.

Joseph Circuit. William Allison and Caleb lyes presented to the Probate Court for the County of St. Joseph an instrument dated June 25, 1864, purporting to be the last will and testament of Perrin M. Smith, deceased, and subscribed in presence of two witnesses; also a codicil thereto attached, bearing date February 3, 1866, subscribed in presence of three witnesses.

Joseph Circuit. This was an action of assumpsit brought upon a promissory note. The defendant claimed a set-off to the amount of a note he had delivered to plaintiff for collection, but which was lost through his neglect. The set-off was allowed and judgment was rendered in favor of plaintiff for the balance. The facts are stated in the opinion.

Tkis was an action to recover damages for tke publication, by defendants, in their newspaper in Detroit, of an alleged libel, concerning plaintiff. The plea was the general issue, with notice of justification. The defendants requested the court to charge the jury that punitive or exemplary damages could not be received against them; they being a corporation.

This was a complaint for forcible entry and detainer, brought into the Circuit Court for the County of Wayne, by appeal from the decision… Held: then 'it was not unlawful for tbe defendant under tbe forfeiture provided in the lease to claim and take possession of tbe premises, if be could do so peaceably, and bold them against tbe complainant. d. That under tbe complaint in this cause a forcible detainer as well as entry must be shown to entitle the plaintiff to recover. e.…

The plaintiff in’ error was tried and convicted in the Recorder’s Court of Detroit for a violation of section one of an ordinance relative to “quiet and good order,” and which is as follows: “ Seo. 1.

This was an action brought to recover the value of a bill for board. The defense was the statute of frauds. Judgment was rendered for defendant. The facts are stated in the opinion.

Case made from Wayne Circuit. This was an action of assumpsit to recover the value of certain sawed lumber. The declaration was on the common counts, and damages were laid at $500. Judgment was rendered for plaintiff, with costs. The facts are stated in the opinion.

Case made after judgment from Wayne Circuit. This was an action of assumpsit brought before a justice of the peace, and appealed to the Circuit Court. The judgment against the defendant was reduced more than ten dollars. Plaintiff asked for costs, and which were granted. The case involves a construction of the law of 1867, giving costs to parties in certain cases.

This was an action to recover alleged damages against plaintiff in error, who undertook to forward goods to Saginaw City, but failed to send certain instructions of plaintiffs concerning the collection of money due upon said goods.

The defendant was convicted upon an information for the crime of burglary. The case was removed to this court by writ of error with bill of exceptions. The facts are stated in the opinion.