Volume 162 — Michigan Reports

Habeas corpus proceedings by Florence J. Chappell against Ada Freeman, a probation officer, to obtain the release from custody of Lois Mould, an infant. Exercising original jurisdiction, this court issued the writ of habeas corpus to bring before the court Lois Mould, a female child 12 years of age, who, it was represented, was unlawfully restrained of her liberty by the probation officer of Wayne county.

Habeas corpus proceedings by Elizabeth Knott against Frank M. Knott to obtain the custody of Kenneth W. Knott, an infant. An order committing respondent for contempt of court in refusing to make a more complete and explicit return to said writ is reviewed by respondent on writ of certiorari. Affirmed.

Bill by the village of Trenton against J. Dean Rucker to restrain defendant from interfering with certain drains. From a decree for defendant, and an order adjudging complainant to be in contempt for violation of said decree, complainant appeals. . Defendant is the owner of a lot in the village of Trenton, lying between Front street and the Detroit river, 83£ feet by 160 feet.

<p>1. Judgment — Conclusiveness—Collateral Attack — Justices op the Peace.</p> <p>A justice’s judgment cannot be collaterally attacked by proof that a judgment was entered after the ten-day limit fixed by Act No. 475, Local Acts 1903, as amended by Act No. 660, Local Acts 1907, without the defendant’s consent, where the record shows the consent of both parties to the irregular continuance.</p> <p>3. Justices op the Peace — Adjournment—Judgment.</p> <p>Under the acts applicable to the city of Detroit, the justice who had jurisdiction of the parties and subject-matter had no authority ten days subsequent to the trial for any purpose except to render judgment.</p> <p>3. Same — Estoppel.</p> <p>Consent to an irregular adjournment, with knowledge of the facts, creates an estoppel to insist on a discontinuance thereby.</p>

Mandamus by Joseph F. Weber to compel Henry A. Mandell, circuit judge of Wayne county, to vacate an order disallowing certain items in a taxed bill of costs.

Certiorari by George Harrington and others against George W. Hamm, probate judge, and Edward D. Dickinson, drain commissioner of Calhoun county, to review proceedings for the establishment of a drain: On motion of relators to amend a judgment for costs.

Bill by Jay W. Vaughan and Joseph C. Dumont, co-partners as Vaughan & Dumont, against Edward Ford and Frank H. Goddard to enforce a mechanic’s lien. From a decree for complainants, defendants appeal.

Joseph R. Edwards presented his final account as administrator of the estate of Raymond Curtis, deceased. The account was-allowed in the probate court, and Henry C. Curtis, sole, heir of decedent, appealed to the circuit court. A judgment on a verdict directed by the court affirming the order of the probate court is reviewed by contestant on writ of error.

Bill by Albert Feoht, administrator with the will annexed of Pauline Ams, deceased, against William E. Henze, administrator de bonis non with the will annexed of the estate of Frederick Ams, deceased, and others, for a construction of said last-named will. From a decree for complainant, defendant Henze appeals. The bill of compjaint is filed in this cause to obtain a construction of the.will of Frederick Ams, deceased.

Assumpsit by Sylvester A. Young against Henry H.. Moore and others upon certain promissory notes. An order overruling a demurrer is reviewed by defendants on. writ of certiorari. Plaintiff brought suit against defendants, as directors of the Tabard Office Supply Company, a foreign corporation, by which he sought to recover from them the amount of two promissory notes made by said corporation.

Replevin by Leander Opsomere against Alex Opsomere. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by Charles J. Reimold against the Farmers’ Mutual Fire Insuance Company on a policy of insurance. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

Mandamus by Arthur H. Chase, county drain commissioner, to compel Ray E. Hart, county clerk, to issue an order for the payment of relator’s salary. An order granting the writ is reviewed by respondent on writ of certiorari.

Case by Albert Schulte against the Michigan Central Railroad Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

William J. Pettitt presented his final account as executor of the last will and testament of Mary P. Barnes, deceased. The account was allowed in the probate court, and an order of distribution entered. Henry N. Johnson, an heir at law, appealed to the circuit court. A judgment holding that said will had been revoked by a sale of the devised property is reviewed by the World’s Gospel Union, a devisee under said will, on writ of error.

Bill by Mary McDonald against Archie T. Miller and James B. Bradley, auditor general, to set aside a sale of land delinquent for taxes. From a decree dismissing the bill but reserving the right to obtain a reconveyance under sections 3960-3962, 1 Comp. Laws, defendants appeal.

Summary proceedings by James Gault and another against Prank Gault and another for the possession of certain real estate. A judgment for complainants is reviewed by defendants on writ of error.

Bill by Allen E. Macomber against George Cottrell and others, heirs at law of William Cottrell, deceased, to set aside an assignment of a claim, and for an accounting. From an order overruling a demurrer, defendants appeal.

Nellie M. Roesing filed a petition as guardian of the estate of William A. Yetter, a minor, to require the executors of the estate of George Covell, a deceased guardian of the infant, to pay over funds to the petitioner.

Case by Ferdinand A. Priebe against 'the township of Moorland for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Clair; Tappan, J. Case by John Schattler against the Daily Herald Company for libel. A judgment for defendant is reviewed by plaintiff on writ of error. This is an action of libel.

<p>1. Divorce — Separate Maintenance — Husband and Wife — Statutes.</p> <p>A bill of complaint in the form of a bill for divorce, not referring to any other statute, with a prayer for separate maintenance and general relief merely, is not a proceeding to provide the wife with property and maintenance under 3 Comp. Laws, § 8686.</p> <p>2. Same — Appeal and Error — Trial Court — Words and Phrases — Statutes.</p> <p>Act No. 324, Pub. Acts 1907, permitting the entry of a decree for divorce in a suit for separate maintenance, by the court hearing the evidence, authorizes the Supreme Court, on appeal, to enter the decree of divorce, since such appeals are heard de novo.</p> <p>3. Same — Supreme Court.</p> <p>On grounds of public policy, a divorce absolute is granted to the complainant, on appeal by defendant, from a decree providing for separate maintenance.</p> <p>4. Same — Alimony—Amount.</p> <p>Out of real property in which defendant has an equity of about $1,000, an award of alimony of $700, payable $50 per month, is held tó be sufficient.</p>

Case by Edwin O. Ainsworth against Edwin Hover for negligently setting fire to plaintiff’s property. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by William H. J. McPharlin and another .against William H. Hibbler, principal, and the Fidelity & Deposit Company of Maryland, surety, upon a building contractor’s bond. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant surety •on writ of error.

<p>Assault and Battery — Joint Tort-Feasors — Trespass.</p> <p>It was not error to instruct the jury, in an action for assault and battery, that defendant, who did not strike plaintiff, could not be held liable unless he counseled and abetted the alleged wrong, and the utterance of the words, “Kill him,” etc., would render him liable if they were uttered during the progress of the affray with the intention of instigating and encouraging the assault.</p>

Bill by Otto F. Barthel against George F. Crippen and Lewis Crippen for the specific performance of a contract. From a decree for complainant, defendants appeal.

John Dudeck presented a claim against the estate of Emma Reidy, deceased, for services rendered. The claim was allowed in the probate court, and John A. Watson, administrator, appealed to the circuit court. A judgment for claimant is reviewed by contestant on writ of error.

Replevin by Edwin E. Porter against Louis Goudzwaard. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by Ole Harstad and Phil Labre, copartners as Harstad & Labre, against the H. A. Bauman Company for goods sold and delivered. A judgment for plaintiffs is reviewed by defendant on writ of error.

<p>Error to Montcalm; Sessions, J.</p> <p>Case by Ernest Kelley against Brede Paulsen for slander. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Assumpsit by H. Scherer & Company against the Independent Steel & Wire Company for breach of a contract for the sale of certain springs. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by George Barcus and Albert B. Rowley, copartners as the Gemmer Engine Company, against the Wayne Automobile Company for breach of a contract of sale. A judgment for plaintiffs on a verdict directed by the court is reviewed by defendant on writ of error.

Assumpsit in justice’s court by the Rock Island Plow Company against Jay L. Smith and Guy E. Smith, co-partners as J. L. Smith & Son, upon an account stated. There was judgment for plaintiff, and defendants appealed to the circuit court. A judgment for plaintiff is reviewed by defendants on writ of error.

Bill by William F. Klatt against the city of Detroit and Max C. Koch, city treasurer, to quiet title to certain land. From an order overruling a demurrer, defendants appeal.

<p>Appeal from Wayne; Hosmer, J.</p> <p>Bill by William S. Hazelton against Julia Y. Hazelton for a divorce. From a decree dismissing the bill, complainant appeals.</p>

Bill by Guy D. Welton, trustee, against Thomas J. McBride and others to set aside a deed. From a decree for complainant, defendants appeal.

<p>Divorce — Extreme Cruelty.</p> <p>A decree for divorce in favor of the wife for extreme cruelty is held to be sustained by the evidence.</p>

Bill by Charles E. Wheeler against the Ocker & Ford Manufacturing Company, and Henry G. Dykhouse, John Jungbaecker and Robert H.… Held: and still holds, a mortgage for $4,500 on some of the real estate of said company; that for the purpose of securing the creditors at that time unsecured, including complainant, said company on said June 10, 1907, executed two certain mortgages to the other defendants herein, as trustees; one on all of the personal property then owned…

Assumpsit by William Ruterbusch and others against the Supreme Court of the Independent Order of Foresters on a policy of insurance. A judgment for plaintiffs is reviewed by defendant on writ of error.

Proceedings by the Michigan Central Railroad Company against Elizabeth Ferguson, Edwin Miller, and Burr Lob-dell to condemn land for depot purposes. From an order confirming the award of the jury, respondents Miller and Lobdell appeal.

Exceptions before judgment from Bay; Collins, J. Joseph Hennard was convicted of an assault with intent to do great bodily harm less than the crime of murder.

<p>1. Trial — Criminal Law — Argument.</p> <p>In a prosecution for violation of the local-option law, argument of the prosecutor that persons frequently met at the respondent’s room and made it a rendezvous, objected to by respondent’s attorney on the ground that the testimony referred to was stricken from the record, was not reversible error where it was withdrawn from the jury by the interposition of the court at the time and later in his charge.</p> <p>2. Intoxicating Liquors — Local Option — Giving Away Spirituous Liquors.</p> <p>It was not error to charge the jury, in a criminal proceeding for violation of the liquor law in a county which had adopted prohibition, that obtaining intoxicating liquor, keeping it on ice with intoxicants belonging to another in respondent’s bedroom, and permitting third persons to come and drink of it at will, constituted a violation of law. People v. Peterson, 156 Mich. 235 (120 N. W. 570, 21 L. R. A. [N. S.] 134), distinguished.</p>

Bill by Joseph H. Moore against Charles S. Young and Mary L. Young to enjoin the removal of certain timber. From a decree dismissing the bill, complainant appeals. Complainant is the son, and defendant Mary L. Toung the daughter, of John Moore, who on October 15, 1887, was the owner of two farms, one in Montcalm county, and one in Newaygo county, separated only by a highway.

Case by Roseltha J. Davis against the Detroit United Railway for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Bill by the A. M. Campau Realty Company against the city of Detroit and others to quiet title to certain land. From a decree for complainant, defendants appeal.

<p>Mandamus by Christopher E. Kaiser to compel George S. Hosmer, circuit judge of Wayne county, to vacate an order extending time to settle a bill of exceptions.</p>

Case by Anna L. Kirkpatrick against George Phillips, principal, and Edwin Jaseph and John H. Burke, sureties, under the civil-damage act. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by Charles D. Bennett, executor of the last will and testament of Alvin S. Clark, deceased, against Grace Mary Maurice upon an account stated. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by Jacob L. Marx and Eugene H. Kopple, copartners as B. Marx & Son, against Johanna King, executor of the last will and testament of Joseph King, deceased, for goods sold and delivered. A judgment for plaintiffs for an insufficient amount is reviewed by them on writ of error.

Case made from Baton; Smith J. Assumpsit by C. Roy Hathaway, trustee in bankruptcy of the Dolson Automobile Company, against Barret D. Yaughan, for the price of an automobile. A judgment for defendant is reviewed by plaintiff on writ of error. This is an action in assumpsit to recover the value of an. automobile, sold by plaintiff’s insolvent to defendant.

Samuel Hoyles presented for probate the last will and testament of Euretta A. Hoyles, deceased. The will was allowed in probate court, and Elizabeth Briggs and another, contestants, appealed to the circuit court. A judgment for contestants is reviewed by proponent on writ of error.

Case by Bertha Ely, administratrix of the estate of Henry Austin, deceased, against the Detroit United Railway and the Detroit, Monroe & Toledo Short Line Railway for the negligent killing of plaintiff’s intestate. A judgment for plaintiff for an insufficient amount is reviewed by her on writ of error.

, presiding. Bill by Martha Zastrow against Arnold Zastrow for a divorce. From a decree for complainant awarding an insufficient amount of alimony, she appeals.

Assumpsit by the Buckeye Brewing Company against Andrew Eymer upon an account stated. A judgment for plaintiff for an insufficient amount is reviewed by it on writ of error.

Bill by the Michigan Savings Bank of Detroit against the Dime Savings Bank and others to enjoin a proposed change in the name of defendant bank. From a decree for complainant, defendant bank appeals.

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

1 Bill by Frank R. Cooper and others against Herbert D. Cooper and others for the cancellation of certain deeds. From a decree for complainants, defendants appeal.

Case by Frank Haxer against Adam G. Griessel and J. Henry Leuzen, copartners as Griessel & Leuzen, for personal injuries. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error. The appellant, a carpenter 69 years of age, was injured by falling from a scaffold which was broken down by a falling ladder.

Gase by Anna Mueller against the Detroit United Railway and another for personal injuries. A judgment for plaintiff is reviewed by defendant Detroit United Railway on writ of error.

Clair; Tappan, J. Bill by the Traders’ Bank of Canada against Margaret Fraser and the First National Exchange Bank of Port Huron to enjoin the dissipation of an alleged trust fund. From an order overruling a demurrer, defendant Fraser appeals.

Bill by Flora H. Stone against Forrist P. Stone for a divorce: On petition of defendant to dismiss the bill for want of prosecution. From a decree for petitioner, complainant appeals.

<p>Error to Cheboygan; Shepherd, J.</p> <p>Assumpsit by Mollie E. McBroom against the Cheboygan Brewing & Malting Company on a contract of guaranty. A judgment for defendant is reviewed by plaintiff on writ of error.</p>

Trespass guare clausum fregit by William Hoag against Hugh Boehmer and others. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by Ira L. Wood against Joseph N. Smith for commissions on the sale of real estate. A judgment for defendant is reviewed by plaintiff on writ of error.

Bill by Lydia Anderson against Boy Anderson and Irving Anderson for the cancellation of certain deeds on the ground of fraud. From a decree dismissing the bill, complainant appeals.

Bill by Lorenzo Chambers against the city of Grand Ledge and others to enjoin the construction of a bridge. From a decree dismissing the bill, complainant appeals.

<p>Appeal from Wayne; Donovan, J.</p> <p>Bill by August A. Begrow against Anna R. Begrow for a divorce. From a decree dismissing the bill, complainant appeals.</p>

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

Separate petitions for mandamus by Ehlert A. Meves and Robert W. Irwin to compel James Schriver, clerk of the city of Grand Rapids, to place their respective names upon an official ballot.

Case by Frank P. D’Arcy against the Adams Express Company, for the loss of a parcel intrusted to defendant for delivery. A judgment for plaintiff is reviewed by defendant on writ of error.

Assumpsit by Hudson T. Morton against Laura A. Hanes for rent. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

John A. Adams was convicted of. seduction, and sentenced to imprisonment for not less than 2-J nor more than 5 years in the branch of the State prison at Marquette.

<p>Error to Wayne; Wisner, J., presiding.</p> <p>Trespass vi et armis by Minnie Zart against Andrew J. Brandau and the Singer Sewing Machine Company. A judgment for plaintiff is reviewed by defendant company on writ of error.</p>

<p>Intoxicating Liquors — Local Option — Criminal Law.</p> <p>Procuring intoxicating liquors as agent for the purchaser, who provided the money, in a county which had adopted prohibition, was a violation of law. 2 Comp. Laws, §§ 5412-5435.</p>

<p>Exceptions before judgment from Houghton; Streeter, J.</p> <p>Theordore Swenson was convicted of violating the liquor law.</p>

Case certified from the recorder’s court of Detroit;, Connolly, J. Frank M. Dickerson was convicted of murder in the first degree, and sentenced to imprisonment for life in the State prison at Jackson: On certificate of trial court to determine the constitutionality of Act No. 175, Pub. Acts 1905.

Bill by John Miscotten against Walter Hellenthal and another to quiet title to certain land. From a decree dismissing the bill, complainant appeals. The bill of complaint in this cause is filed to quiet the title to a strip of ground, 16£ feet wide and 168 feet long. The strip lies between lands concededly owned by the complainant on the south and by defendants on the north. The true line between the holdings of the parties has never been established.

Bill by George E. Purcell against Katherine Purcell to set aside a deed on the ground of fraud. From a decree dismissing the bill, complainant appeals.

Bill by Swan Nelson and others against Samuel B. Gibe to foreclose a land contract. Defendants filed an answer in the nature of a cross-bill claiming affirmative relief. From a decree for complainants, defendant appeals.

Sarah Jane Fitzgibbons petitioned for her appointment as administratrix of the estate of William Fitzgibbons, deceased, claiming to be his widow, and was appointed by an order of the probate court. Later, William Fitzgibbons, Jr., filed a petition asking for her removal and denying the validity of the marriage. Said later petition was granted, the administratrix was removed and the heirs determined, and she appealed to the circuit court.

Case by Fred Hammond against the Michigan Central Railroad Company for personal injuries. An order sustaining a demurrer is reviewed by plaintiff on writ of error.

Bill by James R. McCamman and another against Charles J. Davis and others for the partition of certain real estate. From a decree ordering the property offered for sale first, in one parcel, afterwards in separate parcels, complainants appeal. Complainants are the owners of an undivided five-sixths interest in the N. BJ. i of section 22, of town 4 north, of range 2 west, excepting therefrom the rights of way across said premises of two railroads.

Bill by Anton W. Pearll against the Pearll Advertising Company and others to have complainant declared to be a stockholder, and by the same complainant against Severyna Pearll for the cancellation of a deed. From a decree dismissing the bills, complainant appeals.

<p>Divorce — Alimony—Separation Agreement — Termination.</p> <p>An. agreement between husband and wife for a separation, with a settlement of property matters, is abrogated by their resumption of marital relations, second separation and second resumption thereof, and the contract is no bar to alimony in a suit by the wife for divorce.</p>

Assumpsit by the Petoskey & Bay Shore Gas Company against the city of Petoskey for taxes paid under protest. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Bill by Anna R. Stoepel and Mary S. Wilson against J. Newton Satterthwaite, executor of the last will and testament of Mary E. Sutton, deceased, and William H. Jones for a construction of said will. From a decree for defendants, complainants appeal.

<p>Certiorari to the recorder’s court of Detroit; Phelan, J.</p> <p>The Detroit United Railway was convicted of violating a city ordinance, and sentenced to pay a fine of $100.</p>

Mandamus by Francis G. Ely, receiver of the Citizens’ Mutual Fire Insurance Co., of Holly, Michigan, to compel George W. Smith, circuit judge of Oakland county, to enter an order for an assessment upon the members of said company for the payment of losses and expenses.

Assumpsit by the people of the State of Michigan, for the use and benefit of Buhl Sons’ Company, against John Finn, principal, and John M. Spaulding and Michael Finn, sureties, on a statutory bond. A judgment for plaintiff on a verdict directed by the court is reviewed by defendants on writ of error.

Case by Max J. Feldman, administrator of the estate of Marvin Feldman, deceased, against the Detroit United Railway for the negligent killing of plaintiff’s intestate. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by Theresa Houlihan and others against Patrick Fogarty and others to set aside a deed. From a decree dismissing the bill, complainants appeal.

Assumpsit by John E. Barnes against the Spencer & Barnes Company for money had and received. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

Assumpsit by Prank L. Kelley and another against the East Jordan Chemical Company for goods sold and delivered. A judgment for the amount of a set-off claimed by defendant on a verdict directed by the court is reviewed by plaintiffs on writ of error.

Case made from Kent; Sessions, J., presiding. Motion for allowance of costs in favor of the estate and against the people in case reported in 159 Mich. 420 (124 N. W. 60).

Case by Benjamin A. Lapier against the Beaubien Ice & Coal Company and others for personal injuries. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

Trover by Louis Lonier and William J. Hoffer, copartners as Lonier & Hoffer, against the Ann Arbor Savings Bank. A judgment for defendant on a verdict directed by the court is reviewed by plaintiffs on writ of error.

Case by Ida B. Hinkley against the Wabash Railway Company for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.

Bill by the Vermont Marble Company against Charles D. Spafltord and others for an accounting and for the appointment of a receiver. From a decree dismissing the bill, complainant appeals.

Garnishment proceedings by the Marquette County Savings Bank against Matti Koivisto as garnishee of Adam Nangas. A judgment for plaintiff on a verdict directed by the court is reviewed by the garnishee on writ of error.

, presiding. Assumpsit by Rufus E. Skeels against Walter Snow fop services rendered. A judgment for defendant is reviewed by plaintiff on writ of error.

Mandamus by Orin Lake to compel the common council of the village of Cedar Springs to approve a liquor bond. An order denying the writ is reviewed by relator on writ of certiorari.

Case by William J. Morgan against the Pere Marquette Railroad Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

, presiding. Case by Nellie Snow, administratrix of the estate of Harry Snow, deceased, against the Escanaba Power 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.

Bill by Newton D. Backus, administrator of the estate of Sarah E. Backus, deceased, against Lilian N. Cowley, the Au Sable River Lumber Company, and John H. Killmaster to set aside certain deeds. Defendants Cowley and Killmaster filed an answer in the nature of a cross-bill to quiet title to said land. Prom a decree for defendants, complainant appeals.

Bill by Newton D. Backus, administrator of the estate of Sarah E. Backus, deceased, against John H. Killmaster to set aside certain deeds. Defendant filed an answer in the nature of a cross-bill to quiet title to said land. From a decree for defendant, complainant appeals.

Bill by Rae Brooks and another against Edward C. Hargrave and others for an accounting. From an order denying a petition to dismiss the bill for want of jurisdiction, defendant Hargrave appeals: On motion to dismiss.

<p>1. Fraudulent Conveyances — Change of Possession.</p> <p>A bill of sale of a stock of merchandise, made without a compliance with the bulk-sales law (Act No. 228, Pub. Acts 1905), executed soon after the grantor executed a bond for costs of an action, which he subsequently became liable to pay, the conveyance being placed on record only the day after judgment was rendered on the bond, and not being accompanied* at the time of executing the transfer, by a change of possession, is properly held to be fraudulent as to the obligee in the bond.1</p> <p>2. Same — Creditor—Bulk-Sales Law.</p> <p>A creditor is one who has a right to require of another the fulfillment of a contract or obligation.</p> <p>3. Same.</p> <p>A bond to pay a judgment and costs on appeal from justice’s court creates the relation of debtor and creditor between the surety and obligee, before the breach of its condition, within the meaning of the provisions of Act No. 223, Pub. Acts 1905.</p>

<p>Appeal from Saginaw; Gage, J.</p> <p>Bill by Ernst Herpel against John O. Herpel to set aside a deed. From a decree for complainant, defendant appeals.</p>

Quo -warranto proceedings by John E. Bird, attorney general, on the relation of John W. Linnell, Jr., against Joseph E. Gay and others to determine their right to exercise the franchises and privileges of a corporation: On demurrer to certain pleas filed by defendants.

' Assumpsit by Peter Swantek against Stephan Jarmoszki for work and labor. Plaintiff recovered judgment for an insufficient amount, and appealed to the circuit court. A judgment sustaining defendant’s plea puis darrein continuance, and dismissing the appeal, is reviewed by plaintiff on writ of error.

Case by John Goda against John Maurer and Charles Maurer, copartners as Maurer Bros., for personal injuries. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

<p>Error to Kent; McDonald, J.</p> <p>Case by Charles M. Chapman against James M. Strong for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Case by Augusta Plozke against the Detroit United Railway for personal injuries. A judgment for plaintiff of $3,000 damages is reviewed by defendant on writ of error.

<p>Error to Wayne; Donovan, J.</p> <p>Case by Arthur Scott against Alex Dow for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

<p>Error to the superior court of Grand Rapids; Stuart, J.</p> <p>Trover by Richard O. Goodspeed against Connor H. Smith. A judgment for plaintiff is reviewed by defendant on writ of error.</p>

Case by Lena M. Kilts, administratrix of the estate of James L. Kilts, deceased, against the board of supervisors of Kent county, Frank E. Stevens and Julius A. Ziesse, copartners as the' Phoenix Sprinkling & Heating Company, and the Grand Rapids Bridge Company for the negligent killing of plaintiff’s intestate. A judgment for plaintiff against the Grand Rapids Bridge Company alone is reviewed by her on writ of error.

, presiding. Trespass vi et armis by John O’Donnell against Emma Lange. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Bill by John Craig against the Insurance Company of the State of Pennsylvania, impleaded with Rose C. Delisle and Henry Lezotte to reform a policy of insurance, and to establish a trust. From a decree for complainant, defendants Delisle and Lezotte appeal.

, presiding. Assumpsit by Fred Deloria and Joseph Gibbs, copartners as Deloria & Gibbs, against Louis Yan Winkle 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 Elizabeth R. Gilkey against Clarence F. Gilkey and William H. Bennett, trustee, for a divorce. From a decree for complainant, and making the award of alimony a lien upon the trust, defendant Bennett appeals.

Assumpsit by the Fifth Avenue Library Society against Neil A. Gates upon an account stated. A judgment for defendant is reviewed by plaintiff on writ of error.

Assumpsit by the Union Trust Company, administrator of Joseph H. Berry, deceased, against the Detroit River Transit Company for goods sold and delivered. A judgment for plaintiff is reviewed by defendant on writ of error. Joseph H. Berry sold and delivered to the Detroit River' Transit Company a steam clam shell hoist.

Assumpsit by James Hardy against Theodore H. Stoppel and Ered Szepanak, copartners as the South Lansing Coal Company, for breach of warranty on the sale of a horse. A judgment for plaintiff is reviewed by defendants on writ of error.

John S. McConnell and others presented for probate the last will and testament of Agnes P. Woodworth, deceased. The will was allowed in the probate court, and George O. Woodworth, contestant, appealed to the circuit court. A judgment for proponents on a verdict directed by the court is reviewed by contestant on writ of error.

Bill by John Long and others against William Schroeder and another to restrain defendants from increasing the height of a dam. From a decree dismissing the bill, complainants appeal. Nineteen owners of land joined in filing the bill of complaint in this cause.

Case by Andrew Strepanski against the Grand Rapids Plaster Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Bill by Francis L. Baldwin-against the Escanaba Liquor Dealers’ Association for an injunction. From a decree for complainant, defendant appeals: Qn motion to dismiss the appeal.

Case by Catherine J. Ketchum against Joseph P. Fillingham for personal injuries. A judgment for plaintiff is reviewed by defendant on writ of error. Plaintiff was injured in a collision between an automobile owned and operated by defendant and a carriage in which she was riding. Just prior to the accident plaintiff was driving slowly in a westerly direction along Hillsdale street, in the city of Lansing.

Bill by Albert Strelow against the American Color Company and others for an accounting, and to enforce the payment of unpaid stock subscriptions. From an order sustaining demurrers to the bill, complainant appeals.

<p>Mandamus by the village of Wolverine and others to compel Frank Shepard, circuit judge of Cheboygan county, to dissolve a temporary injunction.</p>

Bill by Allen E. Maeomber against George Cottrell and others to set aside a compromise agreement and an assignment of a claim and for an accounting: On motion of complainant to amend the decree in the cause reported at page 91, ante.