Volume 161 — Michigan Reports

Bill by Ida W. Schmidt against William L. Barclay to have a deed absolute in form declared to be a mortgage. From a decree for complainant, defendant appeals.

Bill by Catherine Hathaway against Frank Hathaway and others for the specific performance of a land contract. From a decree for complainant, defendants Hathaway appeal.

, presiding. Assumpsit by Thomas R. Welsh against the Michigan Maple Company for breach of a contract for the sale of lumber. A judgment for plaintiff is reviewed by defendant on writ of error.

Catherine Curran presented for probate the last will and testament of George Horn, deceased. The will was allowed in the probate court, and Frederick Bartow, contestant, appealed to the circuit court. A judgment for proponent on a verdict directed by the court is reviewed by contestant on writ of error.

Margaret M. Provin presented for probate the last will and testament of Charles A. Provin, deceased. The will was allowed in the probate court, and Omar H. Provin and Fred J. Provin, contestants, appealed to the circuit court. A judgment for proponent is reviewed by contestants on writ of error.

<p>1. Mortgages — Foreclosure—Action at Law — Statutes—Judgment.</p> <p>In a suit to foreclose a mortgage securing notes upon which judgment has been previously rendered in justice’s court, the bill must be dismissed unless execution has been issued and returned unsatisfied by the sheriff, with a return showing that the defendant has no other property subject thereto except the mortgaged premises, in pursuance of 1 Comp. Laws, § 521.</p> <p>2. Justices’ Courts — Judgments — Sufficiency of Docket and Record.</p> <p>Where both parties to an action appear in justice’s court and the docket shows the nature of the action to be such that it could be maintained by introducing a written instrument described in the declaration, and further shows that proofs and allegations of the parties were heard, it will be presumed that the proofs were sufficient to warrant the judgment</p> <p>3. Same — Docket—Jurisdiction.</p> <p>A defendant in justice’s court may appear and waive formal proof of execution of a written instrument, nor is it required that such waiver be entered on the docket.</p> <p>4. Same — Jurisdiction—Collateral Attack.</p> <p>All intendments should be indulged in favor of the legality of such judicial action when attacked collaterally if the justice had jurisdiction of the parties and subject-matter.</p>

<p>1. Intoxicating Liquors — Local Option — Giving Liquors to ■ Guest.</p> <p>Furnishing beer to a person in her room at a hotel by a clerk who lives in the hotel, is not furnishing intoxicating liquor in the home of the clerk.1 People v. Peterson, 156 Mich. 235, distinguished. Act No. 207, Pub. Acts 1899, 2 Comp. Laws, § 5412.</p> <p>2. Same.</p> <p>The gift of intoxicating liquors by the clerk of a hotel to a dining room girl in her own room is in violation of the local-option law of a county in which prohibition of the liquor traffic is in force.</p> <p>3. Same — Constitutional Law — Title—Statutes.</p> <p>The title of 2 Comp. Laws, § 5412 et seq., is sufficiently broad to warrant the prohibition of giving away intoxicating liquors.</p>

Fred Dumas and Xavier Xryzer were convicted of the statutory crime of robbery and assault while armed with a dangerous weapon, with intent to kill or maim if resisted, and sentenced to imprisonment for life in the branch of the State prison at Marquette.

Case by David Reid, administrator of the estate of Florence Reid, deceased, against Judson Harmon, receiver of the Pere Marquette Railroad 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. Plaintiff’s intestate, a child 11 years of age, was injured May 8, 1906, while playing with other children in moving and riding upon a railroad turntable.

Assumpsit by John M. McKerchey against Robert Mc-Ilvenna for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error.

Wayne; Donovan, J. Assumpsit by Frank L. Bessenger against Paul Wenzel and others on a promissory note. A judgment for plaintiff is reviewed by defendants on writ of error.

Case by Genevra Gilbert, administratrix of the estate of Arthur Gilbert, deceased, against the Ann Arbor Railroad 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.

Trover by Nelson Lamb against Charles Lamb. A judgment for plaintiff is reviewed by defendant on writ of error. This is an action of trover, brought by plaintiff, to recover for a quantity of rye which he claims was unlawfully converted by defendant in the fall of 1908. Defendant had leased his farm to one Springs, who took possession thereof in March, 1906. Many controversies arose between defendant and Springs under the lease.

, presiding. Case by Herbert E. Ward, administrator of the estate of Eber Ward, deceased, against Daniel J. Campau for personal injuries to plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error.

Charles Schoenberg was convicted of keeping his saloon open on Sunday, and sentenced to imprisonment in the county j ail for 30 days and to pay a fine of $150. On August 23, 1909, an information was filed against respondent, wherein he was charged with keeping his saloon open on Sunday.

<p>1. Bills and Notes — Assignment—Negotiability.</p> <p>A negotiable note which is transferred by writing on the back, ‘ ‘ I hereby assign my interest in this note to---, ” is merely assigned and does not authorize the holder to sue in his own name under the terms of 3 Comp. Laws, § 10054, which affects only assignments of nonnegotiable choses in action.</p> <p>2. Same — Negotiable Instruments Law — Qualified Indorsement.</p> <p>Nor is the writing equivalent to a qualified indorsement by adding “without recourse” or words of similar import.</p> <p>3. Same — Parties—Qualified Indorsee — Statutes.</p> <p>An action under a qualified indorsement of a negotiable instrument must, under the statute, be brought in the name of the assignor or indorser. Act No. 265, Pub. Acts 1905; 3 Comp. Laws, § 10054.</p>

, presiding. Garnishment proceedings by Herman Krolik and others, copartners as A. Krolik & Co., by Wilbur S. Peck and others, copartners as W. S. Peck & Co., and by the Thomas Briggs Shoe Company, against the Sault Savings Bank, garnishee of Cyrus W. Baldwin and Paul J. Besner, copartners as Baldwin & Besner. A judgment for plaintiffs is reviewed by garnishee defendant on writ of error.

George A. Fritch was convicted of manslaughter and sentenced to imprisonment for not less than 7£ nor more than 15 years in the State prison at Jackson: On motion for a writ of error, stay of execution of sentence, and to be admitted to bail pending the appeal.

Clair; Law, J. Petition by Oramel B. Fuller, auditor general, for the sale of land delinquent for taxes: On objections of Arthur G. Bishop and Frederick D. Sanborn. From a decree for petitioner, defendants appeal.

Assumpsit by Johnson Stuart and Walter Stuart, co-partners as the Co-operative Foundry Company, against the Home Telephone Company of Detroit for breach of a contract for the sale of certain castings. A judgment for plaintiffs is reviewed by defendant on writ of error.

<p>Mandamus — Adequate Remedy — Appeal and Error — Equity.</p> <p>The entry oí a decree of divorce will not be ordered on mandamus against a circuit judge who finds complainant entitled to the divorce on the ground of extreme cruelty but refuses to enter the decree for want of jurisdiction of the defendant; the appropriate remedy being by appeal. Ambos v. Ingham Circuit Judge, 123 Mich. 618.</p>

, presiding. Assumpsit by Charles S. Ruttle against Edgar B. Foss for services rendered. A judgment for plaintiff is reviewed by defendant on writ of error. The facts m this case and those involved in Ruttle v. Mining Co., post, 150 (125 N. W. 787), are a history of relations existing between plaintiff and defendant. Like that case, this one is a suit to recover the value of the services of the plaintiff.

Assumpsit by Charles S. Ruttle against the What Cheer Coal Mining Company for services rendered. A judgment for plaintiff is reviewed by defendant on writ of error.

), J. Assumpsit by John B. Lee against the United States Graphite Company for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error.

Case by Ida Jackson, administratrix of the estate of Oscar F. Jackson, deceased, against the Detroit & Mackinac Railway Company for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error.

Debt by the people of the State of Michigan, for the use and benefit of Michael Esper, Joseph P. Esper, and Edward Esper, copartners as Michael Esper & Sons, against James D. Burns, principal, and the Bankers’ Surety Company, surety, upon a statutory bond. A judgment for plaintiffs on a verdict directed by the court is reviewed by defendants on writ of error.

Bill by George H. Lapham and others against Philo E. Lacy and another to set aside the allowance of a claim against the estate of Horace Lapham, deceased. From a decree dismissing the bill, complainants appeal.

Mandamus by the Grand Rapids & Indiana Railway Company to compel Frank Shepherd, circuit judge of Cheboygan county, to vacate an order setting aside a settlement of an action at law.

, presiding. Mandamus by the Niles Bryant School of Piano Tuning to compel John W. Bailey, mayor of the city of Battle Creek, to sign a warrant for the payment of an installment due on a land contract. An order granting the writ is reviewed by respondent on writ of certiorari.

Cross-appeals from Bay; Collins, J. Bill by Melvin A. Root against Jared M. Snyder and others to set aside certain deeds and for an accounting. Defendants filed an answer in the nature of a cross-bill praying affirmative relief. From the decree rendered, all parties appeal.

Case by George E. Wight against the Michigan Central Railroad Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by Leonard A. Welling and Nellie M. Welling against Sarah A. Strickland and Washburn B. Strickland for the specific performance of a land contract. From a decree for complainants, defendants appeal.

, presiding. George L. Keeler, administrator, with the will annexed, of the estate of John Parr, deceased, presented his final account asking for its allowance and an order of distribution. The account was allowed in the probate court, and Elizabeth Clifton and others appealed to the circuit court. A judgment sustaining the order of the probate court is reviewed by contestant Clifton on writ of error.

Bill by the Grand Rapids Electric Railway Company against the Battle Creek, Coldwater & Southern Railway Company and others for an injunction. From a decree dismissing the bill, complainant appeals.

Assumpsit in justice’s court by the Worden Grocer Company against William A. Blanding and James Blanding on a promissory note. There was judgment for plaintiff, and defendants appealed to the circuit court. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

<p>.1. Evidence — Hearsay—Inoompetenoy.</p> <p>Testimony concerning the opinions and conclusions of onlookers, who did not appear as witnesses, concerning what neighbors thought of the condition of plaintiff at the time of an assault, and what the witness thought of plaintiff’s conduct, is hearsay, and incompetent in an action of trespass for the .assault.</p> <p>2. Same.</p> <p>What plaintiff told the physician who saw him some time after the injury, relative to the object with which he was struck, is incompetent and prejudicial in a case involving the issue whether he was struck by plaintiff's fist or his hammer.</p> <p>3. Same — Damages—Value.</p> <p>Damages are not recoverable for medical services the value of which or the amounts charged are not shown.</p>

Mandamus by Willard H. Eldred, trustee, to compel James R. Elliott, secretary of the Michigan Traction Oompany, to produce certain books and records for an examination. An order granting the writ is reviewed by respondent on writ of certiorari.

Assumpsit by Remy, Schmidt & Pleissner against Daniel J. Healy 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 Daniel W. Rogers against Nellie M. Schram and others to quiet title to certain land, and to enjoin an action of ejectment. From an order overruling a demurrer, defendants appeal.

Case by Elizabeth Scott Hughes against the city of Detroit for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by Finney’s Orchestra against Finney’s Famous Orchestra, Fred S. Stone and others to enjoin the use of a trade-name. From a decree for complainant, defendants appeal.

<p>1. Divorce — Amendment of Answer — Rehearing—Appeal and Error.</p> <p>On motion made after an appeal from a decree of divorce granted to appellant’s wife, praying for leave to amend the answer so as to show that a prior decree of divorce was invalid because proofs were taken and decree entered within four months, and that her marriage with appellant was void, the appellant is held to have been guilty of laches, on undisputed testimony that before filing the bill he had denied the legality of his marriage, and that his attorney was acquainted with the facts concerning complainant’s previous decree.</p> <p>2. Same — Extreme Cruelty.</p> <p>In this cause the decision of the circuit judge that complainant is entitled to a divorce for extreme cruelty of her husband is held, on review of the facts, to be warranted.</p> <p>3. Same — Alimony.</p> <p>An award of about §4,000 permanent alimony to a wife who is granted a divorce from her husband whose property amounts to §17,000 is reasonable, in view of the fact that in her marriage she appears to have been actuated by mercenary motives.</p>

Mandamus by Robert St. John to compel Morse Rohnert, circuit judge of Wayne county, to vacate an order denying a petition for an attachment in contempt proceedings. It appears from the answer that relator is plaintiff in an action of assumpsit pending in the circuit court for the county of Wayne, entitled Robert St. John, Plaintiff, v. Frances Sullivan, alias Dolly Sullivan, alias Frances True-dell, alias Dolly Truedell, Defendant, but has filed no declaration therein.

Case by Joseph Malkowski against Peter Olfs for personal injuries. A judgment for defendant non obstante veredicto is reviewed by plaintiff on writ of error. This is an action to recover damages for a personal injury received by the plaintiff while in the employ of the defendant on February 13, 1908.

Assumpsit by the People’s Ice & Fuel Company against the Field Pure Ice Company for the breach of a contract for the sale of certain ice. A judgment sustaining a demurrer to the declaration is reviewed by plaintiff on writ of error.

Trespass quare clausum fregit by Charles A. Boland and another against the Washtenaw Home. Telephone Company. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by Fred H. Culver and another against Waldo A. Avery to set aside a land contract on the ground of fraud, and for an accounting. From a decree dismissing the bill, complainants appeal.

Case by Robert Westgate against the township of Adrian for injuries to a traction engine caused by a defective bridge. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Bill by the township of Jasper against Robert H. Martin to quiet title to certain land. From a decree for complainant, defendant appeals.

Case made from Allegan; Padgham, J. Assumpsit by Elmer E. Gable and Philip W. Burgess, drain commissioners respectively of Allegan and Barry counties, against Joseph Deal for costs incurred in certain drain proceedings. A judgment for plaintiffs on a verdict directed by the court is reviewed by defendant on a case made.

, presiding. Bill by Hibbard A. Offley against Peter Garlinger to restrain the draining of surface water upon complainant’s land. Prom a decree for complainant, defendant appeals.

Assumpsit by John Skiba against Henry K. Gustin on the common counts and on a special count for breach of a land contract. A judgment for plaintiff is reviewed by defendant on writ of error.

Summary proceedings by George H. Nelson and another against Daniel D. Smith for the possession of certain real estate. A judgment for Complainants on a verdict directed by the court is reviewed by defendant on writ of error.

Cross-appeals from Cass; Des Voignes, J. Bill by Guy M. Harwood against Orlo J. Williams to enjoin the cutting and removal of certain grain grown on leased premises. Defendant filed an answer in the nature of a cross-bill to establish his ownership to said grain. From the decree rendered, both parties appeal. One Charles Wetherbee, being the owner of a farm of 385 acres in Cass county, leased the same to defendant on February 19, 1907.

Bill by Alfred E. Hass and others to enjoin William L. McManus, Jr., and others from maintaining a dam so as to interfere with the natural level of a lake. From a decree for complainants, defendants appeal.

Bill by Mary G. Atkinson against Augustine R. Schell and others to set aside a deed. From a decree dismissing the bill and quieting title in defendants, complainant appeals. Complainant and her brother, Frederick J. Fitzgerald, are the sole heirs at law of one James M. Fitzgerald. Frederick J. Fitzgerald has deeded his interest in the lands in question to complainant.

Case by Bernice Harris, by nest friend, against Peter Crawley for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

<p>Appeal from Ottawa; Padgham, J.</p> <p>Bill by Lewis C. Bradford to compel the Citizens’ Telephone Company to furnish complainant telephone service. From a decree for complainant, defendant appeals.</p>

<p>Exceptions before judgment from Shiawassee; Miner, J.</p> <p>Delbert Thompson was convicted of selling liquor to a minor.</p>

James E. Burke, Charles Hadley, and William Miley were convicted of breaking and entering an office under 3 Comp. Laws, § 11547, and sentenced to imprisonment for not to exceed 15 years in the State prison at Jackson.

Exceptions before judgment from Ottawa; Padgham, J. Ferdinand Albright was convicted of deserting and abandoning his wife.

Case by Lena Cooper against Nora Carr for false imprisonment, malicious prosecution, and slander. A judgment for plaintiff is reviewed by defendant on writ of error.

<p>1. Equity — Jurisdiction — Judgment — Modifying Stipulated</p> <p>Decree — Compromise and Settlement.</p> <p>After the entry of a decree by stipulation of the parties, in a suit to declare a trust in lands purchased by defendant, under the terms of which decree the complainant should pay a definite amount within sixty days or forfeit all interest in the property, the court is unauthorized in modifying the decree upon petition of the complainant so as to give him an additional period of time in which to obtain the money; no mistake or fraud being shown.</p> <p>2. Mandamus — Appeal and Error — Final Order — Equity.</p> <p>The writ of mandamus will not issue to vacate the order modifying the final decree, since it is reviewable on appeal.</p>

Assumpsit by Abraham Jacobs against E. Bement’s Sons on certain promissory notes. A judgment for defendant is reviewed by plaintiff on writ of error. Plaintiff brought assumpsit against defendant to recover on four notes, amounting, with interest, to $2,666.58, executed by defendant and indorsed to plaintiff. Defendant was a Michigan corporation, and, in defense, alleged dissolution proceedings under 3 Comp.

Ejectment by Gideon Carmell and another against Silas L. Parr and another. A judgment for defendants on a verdict directed by the court is reviewed by plaintiffs on writ of error.

Assumpsit by the American Trust & Savings Bank, trustee, against Bertelle R. Moore and Kittie E. Moore, copartners as the Bank of Linden, for the amount of a certificate of deposit. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

Freedom G. Shepard presented for probate the last will and testament of David Shepard, deceased. The will was allowed in the probate court, and Alfred Shepard, contestant, appealed to the circuit court. A judgment for contestant is reviewed by proponent on writ of error.

Petition by James B. Bradley, auditor general, for the sale of land delinquent for taxes: On objections by Samuel J. Rutter. From a decree for contestant, petitioner appeals.

Assumpsit by George Hogle against John H. Meyering and another for fraud and deceit. A judgment for plaintiff is reviewed by defendants on writ of error.

Bill by Myrtle B. Meyers against Lambert G. Meyers for a divorce: On petition of defendant after the entry of a decree of divorce to be relieved from contributing to the support of minor children. From an order granting the prayer of petitioner, complainant appeals.

<p>1. Landlord and Tenant — Lease — Rent — Destruction of Property.</p> <p>Destruction by fire of a building leased for saloon purposes does not relieve the tenant from payment of the stipulated rent, where the lot leased was larger than the building and the lessee could have rebuilt the store, without committing trespass, although the landlord collected insurance on the property.1</p> <p>2. Deeds — Conveyances—Covenants—Quiet Enjoyment.</p> <p>Accidental injuries to premises occupied under a lease do not constitute a breach of the covenant for quiet enjoyment.</p>

Case by John Sherrill against the Grand Trunk Railway Company of Canada and others for personal injuries. An order denying a motion to quash a service of summons is reviewed by the above named defendant on writ of certiorari.

Case by Minnie E. Whealy against the village of Imlay City for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by Frank B. Sheldon against the Michigan Central Railroad Company and the Jackson, Lansing & Saginaw Railroad Company to restrain a trespass upon and to quiet title to certain land. Defendants filed an answer in the nature of a cross-bill to quiet title to said land. From a decree for complainant, defendants appeal.

Bill of interpleader by the Grant Bros. Auto Company against John F. Cotter, special administrator of the estate of Septimus Gauthier, deceased, and Grace B. Hughes to determine the ownership of an automobile. From an order sustaining the demurrer of defendant Cotter, complainant appeals.

<p>Error to Wayne; Murfin, J.</p> <p>Assumpsit by Bernard B. Selling against Emanuel T. Berger upon a promissory note. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Bill by Chauncey B. Vance and Mary A. Vance against the village of Pewamo to restrain a trespass upon certain land. Defendant filed an answer in the nature of a cross-bill claiming such land by virtue of a dedication for a highway. From a decree for defendant, complainants appeal.

William W. Warner, as executor, presented for probate the last will and testament of George Hewitt, deceased. The will was allowed in the probate court, and Elizabeth Dyer and Charles W. Hewitt, contestants, appealed to the circuit court. A judgment for contestants is reviewed by proponent on writ of error.

, presiding. Bill by Kate Clark and others against Albert Mack, administrator with the will annexed of the estate of Betsey C. Sellmann, deceased, and others, for a construction of said will. From a decree for defendants, complainants appeal.

Case by James Dunn against the Great Lakes Dredge & Dock Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. Defendant was engaged in excavating a ship canal through rock. The rock was first drilled with drills operated by compressed air, then blasted, then loaded upon dump cars by a steam shovel, which was moved forward from time to time as the work progressed.

Trover by George Fraam against the Grand Rapids & Indiana Railway Company. A judgment for plaintiff is reviewed by defendant on writ of error. On September 26, 1908, at about 2 o’clock p. m., plaintiff, who was engaged in selling oriental goods, which he carried from place to place in a large suit case, entered defendant’s station at Kalamazoo intending to take defendant’s train to Grand Rapids.

Bill of interpleader by the Union Trust & Savings Bank against John H. Tyler, administrator of the estate of Esther Hynan, deceased, and Catherine Gordon to determine the title to certain money. From a decree for defendant Gordon, defendant Tyler appeals. Esther Hynan, deceased, for many years prior to her death, had a savings account with complainant’s bank. She died September 4, 1908, leaving several heirs, and among them defendant Catherine Gordon, her daughter.

Bill by Mary Hanchett Stone against Edwin Pearson Stone for a divorce. There was a decree for complainant, and the custody of certain minor children was given to complainant. Defendant afterwards petitioned for the custody of said children. From an order granting the petition, complainant appeals.

Case by Sophie Roy against Edward P. Bordas and others for fraud. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by Peter Hoek against the township of Allendale and Lloyd Molyneaux, highway commissioner, upon a contract of indemnity. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

, presiding. Quo warranto proceedings by the people of the State of Michigan, on the relation of Robert J. Anderson, against Carleton W. Rinehart to try the title to the office of county clerk. A judgment for respondent is reviewed by relator on writ of error.

Bill by Frederick W. Fuller against Aloys Bilz and Frederick J. Bertschy for an injunction and to quiet title to certain land. From a decree dismissing the bill, complainant appeals. About the year 1897, defendants caused to be platted a portion of section 16, township 8 N., range 16 W., Ottawa county. The land platted included a part of the southerly and easterly shores of Spring Lake. This plat was not recorded until January 9, 1901.

Case by George F. Spray, by next friend, against Mary Ayotte, Thomas H. Stevenson, Frank V. Lalonde, Anthony Mushilock, John Karwick, and Joseph Pellenz under the civil-damage act, for the unlawful sale of intoxicating liquors to Benjamin Spray, plaintiff’s father. A judgment for plaintiff is reviewed by defendant Mushilock on writ of error.

<p>1. Insurance — Application — Contracts — Offer and Acceptance.</p> <p>Contract relations are not created between insured and insurer by an application for life insurance subject to approval of the insurer, where a note is given for the premium, and the applicant, before his required medical examination, and before acceptance or approval, notifies the agent of the insurer that he does not care for the insurance.</p> <p>2. ' Same — Remedy.</p> <p>If the note and application constitute a binding contract, the remedy for its breach is an action for damages by the insurer, not an action on the note.</p>

Bill by William W. Wedemeyer, receiver of the Chelsea Savings Bank, against Victor D. Hindelang and others to enforce the statutory liability of the stockholders in said bank to the depositors. From a decree for complainant, defendants appeal. It is provided (2 Comp.

Assumpsit by the Peninsula Leasing Company against Darwin D. Cody upon a subscription to the capital stock of plaintiff corporation. Held: at which all of the subscribers were present. By-laws, six in number, were adopted, which provide for a board of five directors, that directors’ or stockholders’ meetings may be held at any time upon the call of the president, and that the by-laws may be amended or changed at any general or special meeting of the board of directors.

Bill by Electa F. Zanger against Gustav W. Zanger for a divorce. There was a decree for complainant, and subsequently upon petition of defendant an order was entered modifying the security for the payment of alimony; from which complainant appeals.

Bill by James A. Farlin and others against Nancy M. Sanborn for a construction of the last will and testament of Charles D. Farlin, deceased, and for an accounting. From a decree dismissing the bill, complainants appeal.

George Jefferson was convicted of having skeleton keys in his possession, and sentenced to imprisonment for not less than five nor more than ten years in the State prison at Jackson.

<p>Exceptions before judgment from Menominee; Cooper, J., presiding.</p> <p>Louis Setunsky was convicted of illegal fishing.</p>

Frank Lieska was convicted of an assault with intent to do great bodily harm less than the crime of murder, and was sentenced to imprisonment for not less than five and not more than ten years in the branch of the State prison at Marquette.

Mandamus by Timothy Edwards, justice of the peace of Wayne county, to compel Oramel B. Fuller, auditor general, to issue a warrant for the payment of certain fees.

John Alexander was convicted of manslaughter and sentenced to imprisonment for not less than seven nor more than fifteen years in the Detroit house of correction.

<p>Exceptions before judgment from Calhoun; North, J.</p> <p>John W. Loomis was convicted of cruelly punishing a child in violation of section 11507, 3 Comp. Laws.</p>

<p>1. Criminal Law — Intent—Statutory Construction.</p> <p>While intent is ordinarily an element of crime, the legislature may create offenses without reference to the offender’s knowledge of the existence of the facts, but courts are slow to find a legislative intent to condemn a man for not knowing that which he cannot know.</p> <p>3. Intoxicating Liquors — Physicians—Prescriptions.</p> <p>An information charging a physician with giving a prescription for whisky to an habitual drunkard in a county which has adopted prohibition, and alleging that he gave the prescription in bad faith, and that the liquor was procured for a beverage, charges no crime. Act No. 207, Pub. Acts 1889; 2 Comp. Laws, § 5412; Act No. 107, Pub. Acts 1909.</p> <p>3. Same.</p> <p>Unless there is open or tacit collusion between the druggist and the physician, so that the actual sale is unlawful, the conduct of the physician is not illegal under Act No. 107, Pub. Acts 1909.</p> <p>4. Same — Statutes— Accessory.</p> <p>3 Comp. Laws, § 11930, abolishing the distinction between an accessory before the fact and a principal and making all persons aiding or abetting in the commission of the crime principals, has no application to such sale if the act of the druggist in selling the liquor was lawful.</p> <p>5. Same — Indictment and Information.</p> <p>Guilty knowledge of the druggist and collusion with the physician is immaterial under an information which fails to charge such guilty knowledge or conspiracy or collusion.</p>

Creditors’ suit by Albert E. Bigelow and Charles A. Bigelow against Robert C. Sheehan, John L. Murphy, and other's. Petition by Alfred Lucking and Howard B. Bloomer for an allowance of attorneys’ fees under the terms of a decree entered in the Supreme Court. From a decree for petitioners, defendants appeal.

Clair; Tappan, J. Bill by Charles W. Chamberlain, administrator of the estate of James and Isaac Thompson, deceased, against Michael O’Leary for the foreclosure of a mortgage. From a decree dismissing the bill, complainant appeals.

<p>Intoxicating Liquors — Local Option — Criminal Law.</p> <p>Knowingly permitting a person in another’s private office, in his presence and without objection on his part, to drink from a bottle of whisky purchased by respondent, is a violation of law in a county which has prohibited the liquor traffic. 3 Comp. Laws, § 5413, et seq., Act No. 183, Pub. Acts 1899.</p>

Case by Samuel Deary against the Hecla Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Case by Arthur Rowe against Joseph Bregenzer for damages caused by the negligent setting of fires. A judgment for plaintiff is reviewed by defendant on writ of error.

Attachment proceedings by Charles A. Goodspeed against James W. Smith. An order dismissing the writ for want of jurisdiction is reviewed by plaintiff on writ of error.

Bill by Henry M. Zimmerman, commissioner of banking, against the Chelsea Savings Bank and W. W. Wedemeyer, receiver, to liquidate the assets of defendant bank. On petition the American Surety Company of New York was permitted to intervene and present its claim. From a decree dismissing the petition, petitioner appeals.