Volume 169 — Michigan Reports

Assumpsit in justice’s court by Swift & Company against Harry B. McMullen for damages for breach of warranty of the quality of certain merchandise. From a judgment for plaintiff, defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

Assumpsit by the Highland Park Association against August Boseker for the use and occupation of premises. Judgment for plaintiff. Defendant brings error.

Vernon A. Chapman presented an account for services rendered to the board of supervisors of Muskegon county. The claim was disallowed. On appeal to the circuit court judgment for a part of the amount claimed was entered. Both parties appeal. Plaintiff, a physician, rendered professional services to one Bessie Peterson, an alleged indigent resident of Fruit-land township, Muskegon county. He also rendered like services to other children of John Peterson.

Assumpsit by Harriet L. B. Rowell against the city of Battle Creek for salary as police matron. Judgment for plaintiff for less than the amount claimed. Plaintiff brings error.

<p>Exceptions before sentence from Mecosta; Cogger, J.</p>

<p>Error to Wayne; Mandell, J.</p> <p>Case by John Markoff against the Detroit United Railway for personal injuries. Judgment for defendant. Plaintiff brings error.</p>

Case by Albert W. Wetzel, by his next friend, against Robert J. Bolster for personal injuries. Judgment for plaintiff. Defendant brings error. Plaintiff sued to recover damages sustained in consequence of being bitten by a dog belonging to defendant. The action is brought under the statute. 2 Comp. Laws, § 5593. It appears that the defendant, while confessedly the owner of the dog, was not its keeper at the time the injury was inflicted.

<p>1. Reformation of Instruments — Vendor and Purchaser — Lease — Contracts.</p> <p>Where complainant, in a suit to reform a land contract so as to effect a lease of the farm conveyed, with an option to purchase, offered testimony tending to show that she executed the writing without examining it, supposing that it conformed to the oral agreement of the parties for a tenancy and option to buy, that complainant was unfamiliar with business matters, the instrument ambiguous, and containing provisions inconsistent with the purchaser’s claim that it expressed the true agreement, the court rightly entered a decree interpreting the agreement in accordance with complainant’s prayer for relief, as amended.</p> <p>2. Same — Assignment—Equities of Purchaser in Good Faith —Land Contracts.</p> <p>As against an assignee of the vendee’s rights transferred by an assignment and quitclaim deed, the complainant was entitled to enforce equities to which the contract was subject in the hands of the assignor.</p>

Assumpsit by Fred R. Belknap against the township of Benton for medical services rendered to an indigent patient. Judgment for defendant. Plaintiff brings error.

Bill by Paul Troost and others against Edwin Fellows and others for an injunction and other relief. From a decree for defendants, complainants appeal.

Information by the people of the State of Michigan on the relation of Oramel B. Fuller, auditor general, and Franz C. Kuhn, attorney general, against the Detroit, Grand Haven & Milwaukee Railway Company for an accounting and to collect taxes due and fraudulently withheld. From an order overruling a demurrer to complainant’s information, defendant appeals.

Bill by Rosetta Dye against the East Shore Wooden-ware Company for an injunction against a proposed trespass. From a decree for complainant, defendant appeals.

<p>Error to Wayne; Murfin, J.</p> <p>Assumpsit by Richard G. Lambrecht and others against the Stoepel Realty Company for commissions. Judgment for defendant. Plaintiffs bring error.</p>

<p>Trial — Conduct op Court — Impartiality op Judge — Bias.</p> <p>Where comments of the trial judge, made before the jury, tended to show the court’s want of belief in statements of a witness for the defense, defendant was denied a fair trial, and a judgment for plaintiff is reversed.</p>

<p>1. Criminal Law — Disorderly House — Landlord as Keeper-Information — Duplicity.</p> <p>Respondent, as landlord of a disorderly house, was properly convicted of maintaining a house of ill-fame under 3 Comp. Laws, § 11697, instead of being convicted of a violation of section 11699, prohibiting persons from knowingly leasing a dwelling house for such purposes, under testimony tending to show that he kept a key of the building, had the right of entry and managed and cared for the premises whioh he let as separate rooms to disorderly persons, and that he sent customers to the tenants who committed lewd and improper acts.</p> <p>2. Same — Information—Joinder of Offenses.</p> <p>It would be permissible to join both offenses in one proceeding if the facts tended to show violations of the two sections.</p> <p>3. Same — Landlord and Tenant — Statutes.</p> <p>A landlord who occupies no part of a house, keeps no key, does not reserve right of entry or take part in the unlawful management and control of premises, cannot be convicted of keeping a bawdy-house therein.</p> <p>4. Same.</p> <p>But if he aided and abetted, countenanced or advised others in the management of a house of ill-fame, he was equally guilty and could be tried as a principal.</p> <p>5. Trial — Prosecuting Attorney — Conduct of Counsel — Appeal and Error.</p> <p>Comments of the prosecuting attorney to witnesses and to the court during the progress of the trial, while objectionable, were not of such a prejudicial character as to require the reversal of the conviction, where the trial court intervened upon occasions that required it and ruled that the remarks were improper.</p> <p>6. Same — Requests to Charge.</p> <p>It is not error to refuse specific requests if the charge as given brings out the same point clearly and definitely.</p>

Assumpsit by Harold Paddock against William B. Hatch for the purchase price of goods sold and delivered. Judgment for plaintiff. Defendant brings error.

Bill by Bartholomew Des Grand Champ and others against Peter Duflo and others for the construction of the will of John B. Duflo, deceased. From a decree for defendants, complainants appeal.

<p>Exceptions before sentence from Houghton; Streeter, J.</p> <p>John Peroni was convicted of being the keeper of a house of ill-fame.</p>

Exceptions before sentence from Calhoun; North, J. Julius Martin was convicted of unlawfully selling intoxicating liquors in a county that had adopted prohibition. Respondent, having been convicted of unlawfully selling intoxicating liquor in a “local-option” county, reviews his case in this court upon exceptions before sentence.

E. B. Cadwell and Howard Brooke, copartners as E. B. Cadwell & Company, presented a claim against the estate of Robert C. Lean, deceased, for certain moneys due on a promissory note of decedent. From a disallowance of the claim by the commissioners on claims, claimants appealed to the circuit court. Judgment for defendant. Claimants bring error. The claimants are a partnership engaged in the general brokerage business in the city of Detroit.

Assumpsit by the Abbott Voting Machine Company against the township of Handy for the price of a voting machine. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by the State Life Insurance Company against Charles W. Harrah on a note for insurance premiums. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Bill by Dorothy Sharrar against Hattie Kempshell, O. 5. Wood, Mary Draper, and others, for the redemption of a mortgage and other relief. From a decree for complainant, defendants Mary Draper, Bernice Draper, and Agnes Draper appeal.

Bill by Mabel Allen against the Ludington State Bank, Charles G. Wing, John H. Cota, Frances Cota, and Hattie McDonald for specific performance of a contract for the sale of land. From a decree for defendants, dismissing the bill of complaint, complainant appeals.

Arend Branderhorst, administrator of the estate of Peter De Haan, deceased, presented a claim against the estate of Geert De Haan, deceased, for board and services rendered. From the allowance of the claim, the defendant estate appealed to the circuit court. Judgment for defendant upon a directed verdict. Claimant brings error.

Trover by Orrin B. Truman against the J. I. Case Threshing Machine Company for the conversion of a threshing machine. Judgment for plaintiff. Defendant brings error. Plaintiff sues in an action of trover for the value of a threshing machine taken by defendant under the so-called insecurity clause of a chattel mortgage. He also seeks to recover special damages caused by said taking.

Attachment by Archie Brown, Stephen Craig, and others under the log-lien act against Eugene Brown and another. The writ was levied on certain property claimed by Millard D. Olds who intervened. Upon motion of said intervener to dissolve the writ the property was released, and plaintiff brings error.

Bill by Mary Jane Merritt against Frank L. Merritt and Nora J. Merritt for the cancellation of a deed. From a decree of reformation so as to carry out the mutual intention of the parties, complainant appeals.

Bill by William A. Minthorn and George W. Wood against Edward D. Haines for the foreclosure of a land contract. From a decree for complainants, defendant appeals.

Bill by Sanford Hale and William Hale against Mary E. Harris to set aside defendant’s interest as grantee in a deed conveying real property jointly to defendant and Richard Hale, deceased. From a decree for defendant, complainants appeal.

<p>1. Appeal and Error — Assignments—Directing Verdict — Specific Nature of Objection — Saving Questions for Review. An assignment of error that the court erred in not directing a verdict for defendant is too general.</p> <p>2. Trial — Postponement—Witnbsses—Discretion. Except in extreme cases, the exercise of the discretion of the trial court in refusing to delay a trial to enable defendant to procure additional witnesses will not be reviewed.</p> <p>3., Negligence — Street Railways — Listening at Grossing. Upon undisputed evidence that plaintiff stopped, looked, and listened before attempting to drive across street car tracks in a city where the view was partly obstructed, there was no prejudicial error in advising the jury in the court’s charge that he was not obliged to stop.</p> <p>4. Trial — View—Unauthorized Visit of Juror to Premises. Where one of the jury, during the trial of a negligence case, visited the scene of the accident during recess and viewed the premises, and, on the court being informed of such' misconduct, instructed the jury that knowledge so obtained should not be used, and that it was an improper proceeding, the appellate court will not grant a new trial which the trial judge denied, finding that defendant was not prejudiced.</p>

Case by Ira Grinnell and Clayton A. Grinnell, copartners as Grinnell Bros., against the Cable-Nelson Piano Company and William H. Proctor for libel. A judgment for defendants on a verdict directed by the court is reviewed by plaintiffs on writ of error.

Bill by John Norris against Clarence A. Ryno, executor of the estate of Ephraim W. Ryno, deceased, to enjoin defendant from foreclosing a mortgage by advertisement. Prom a decree for defendant, complainant appeals.

Bill by Bertha Rothschild, Harry S. Rothschild, and Louis Rothschild, individually and as executors of the estate of Sigmund Rothschild, deceased, and William Weber, against Don M. Dickinson and others for an accounting and other relief: said Dickinson filed a cross-bill which was dismissed. From a decree for defendants, complainants appeal.

Case by Julia Wines against Crosby & Company, SixEive-Eour Manufacturing Company, and Charles E. Crosby for personal injuries. Judgment for plaintiff. On motion for a new trial, the verdict was set aside, and the motion granted as to the Six-Five-Four Manufacturing Company, and denied as to the other defendants, who bring error.

Bill by Theron Duryea and others against Joseph H. Edinger, drain commissioner, and others, for an injunction against the construction of a drain. From a decree for complainant Louisa Reynolds, but dismissing the bill as to the other complainants, they all appeal.

Bill by the Wayland Creamery Company against Calvin Dean for an injunction and the construction of certain deeds granting complainant rights of easement. From a decree for defendant granting relief upon his cross-bill, complainant appeals.

<p>Error to Wayne; Hosmer, J.</p> <p>Assumpsit by James Bailey against the Sibley Quarry Company for breach of a contract of employment. Judgment for plaintiff. Defendant brings error.</p>

Mandamus by Blanche Peck Wanner against Henry A. Mandell, one of tbe circuit judges for the county of Wayne, to compel respondent to issue an order to show cause why one Lester J. Stevenson should not be punished for contempt of court.

Mandamus by the Northern Assurance Company to compel Albert T. Streeter, Houghton circuit judge, to grant an extension of time to settle a bill of exceptions, approve relator’s proposed bond on appeal, to render a decision upon amendments proposed by relator to certain findings of fact and law, and vacate an order denying further time.

Bill by John Lepire against William C. Klenk to enjoin defendant from maintaining an obstruction in a navigable stream. From an order overruling a demurrer to the bill of complaint, defendant appeals. Complainant filed his bill of complaint praying that a certain canal connecting Fox creek with. Lake St. Clair be decreed to be a highway, and that defendant be compelled to remove an obstruction placed therein and be enjoined from further obstructing the same.

Case by Adolph W. F. Gleieh against the Detroit Free Press and Martin Campbell. A judgment for defendants on á verdict directed by the court is reviewed by plaintiff on writ of error.

Bill by Phillip Curran against John A. Gordon and others for an injunction restraining defendants from cutting certain timber. Prom an order overruling a demurrer to the complainants’ bill, defendant Gordon appeals.

Bill by Herman Kaiser against the Detroit & Northwestern Railway Company and others for the enforcement of a creditor’s lien on property of the defendants. From a decree dismissing the bill, complainant appeals.

<p>Error to Hillsdale; Chester, J.</p> <p>Case by Sharon Ferguson against the Lake Shore & Michigan Southern Railway Company for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Case by Samuel Scott, administrator of the estate of Frank D. Gibbs, deceased, against the Boyne City, Gay-lord & Alpena Railroad Company for the negligent killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.

<p>1. New Trial — Appeal and Error — Motion.</p> <p>After settling a bill of exceptions, and after issuance of a writ of error from the Supreme Court, the circuit court has no jurisdiction to grant a new trial.</p> <p>2. Appeal and Error — Saving Questions for Review.</p> <p>The point that there was a variance between declaration and proofs will not be determined on appeal if it was not presented to the trial court.</p> <p>3. Master and Servant — Mines and Minino — Assumption of Risk — Contributory Negligence.</p> <p>Evidence examined and held, to present questions of fact whether plaintiff assumed the risk of rock falling from a hanging wall under which he was working, or whether he was guilty of negligence barring his recovery.</p>

Bill by Mary A. Crawford and others against the city of Detroit to enjoin the enforcement of a special sewer tax. From a decree for complainant, defendant appeals.

Mandamus by Brazil J. Bryant against the common council of the city of Detroit to compel the respondent to grant relator’s application for a retail liquor license. From an order allowing the writ, respondent brings certiorari.

Carrie W. Partridge presented a claim against the estate of Honnee W. Meeker, deceased, for wood sold by a firm of which he was a member on behalf of claimant, and it was disallowed by the commissioners on claims. Claimant appealed to the circuit court. Judgment for defendant, claimant brings error.

Assumpsit by Samuel E. Hoopengarner and others against William E. Stipe for commissions for selling certain real property. Judgment for plaintiffs. Defendant brings error.

Case by James Inglis against the Millersburg Driving Association and others for negligently permitting fire to escape upon plaintiff’s premises. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.

<p>Exceptions before sentence from Jackson; Parkinson, J.</p> <p>Fred G. Adler and Garfield A. Adler were convicted of violating the local-option statute.</p>

<p>1. Prisons — Reformatories—State—Actions.</p> <p>Act No. 219, Pub. Acts 1911, repeals the provisions of section 2091, 1 Comp. Laws, authorizing the wardens of State prisons to be sued.</p> <p>2. Same — Parties—Warden.</p> <p>An action against the warden of the Michigan reformatory at Ionia for breach of a contract, made in his official capacity, is an action against the State.</p> <p>3. Same.</p> <p>The State can only be sued with its consent granted by a legislative act.</p> <p>4. Same — Constitutional Law.</p> <p>And its consent may be withdrawn at any time without impairing contractual rights.</p> <p>6. Same.</p> <p>On repeal of a statute authorizing suit against the State, the court in which an action against the State as defendant is pending can proceed no further.</p> <p>6. Same — Appeal and Error — Dismissal.</p> <p>Where the repealing act took effect after the rendition of judgment, in an action of assumpsit against the warden of a State reformatory, the case will not be dismissed on defendant’s motion to terminate all proceedings in the cause or upon the judgment, made in the Supreme Court, to which it was removed by writ of error; since the only method of procedure would be to dismiss the writ of error, leaving the judgment in force, if the amendment of the statute deprives the court of jurisdiction to proceed.</p>

Case in justice’s court by Frank Sylvester against the Grand Rapids Bookcase Company for the negligent killing of a cow. From a judgment for plaintiff, defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

Bill by James H. Cole against the Cole Realty Company for the specific performance of a contract for the sale of corporate stock. From a decree overruling a de- murrer to complainant’s bill, defendant appeals.

Case by Anna West against E. P. Leiphart & Company and others for the unlawful sale of intoxicating liquor under the civil-damage law. Judgment for plaintiff. Defendant brings error.

<p>1. Highways and Streets — Obstructions —Nuisance —Equity —Possession.</p> <p>It is a nuisance to obstruct a public highway by constructing a fence across it, and a bill lies to enjoin a defendant from maintaining the nuisance, even though he is in possession of the premises.</p> <p>2. Same — Adverse User — Prescription—Statutes.</p> <p>Under 2 Comp. Laws, § 4061, a private road that has been laid out as a public way and used and maintained as such for upwards of ten years, becomes a public highway by prescription whether the original proceedings to take it were valid or not.</p>

Case by Paul Menere against the Copper Range Consolidated Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

<p>Error to Wayne j Murphy, J.</p> <p>Replevin by Grace V. Crawford against Max O. Koch, treasurer of the city of Detroit, for certain pianos. Judgment for plaintiff. Defendant brings error.</p>

Case by Frank Ripley against George W. Priest for negligently permitting fire to escape on plaintiff’s property. Judgment for plaintiff. Defendant brings error.

<p>Appeal from Ottawa; Padgham, J.</p> <p>Bill by Carrie Murray against Thomas W. Murray for divorce. From a decree dismissing the bill, complainant appeals.</p>

Case by William E. Close, the ¿Etna Insurance Company, and others, against the Ann Arbor Railroad Company for negligent setting of fire to plaintiffs’ property by defendant’s locomotive, under 3 Comp. Laws, § 6395. Judgment for plaintiffs. Defendant brings error.

Bill by John Orban against the Northwestern Fire & Marine Insurance Company to correct a judgment of a justice of the peace. From a decree dismissing the bill, complainant appeals.

<p>Error to Bay; Collins, J.</p> <p>Case by Andrew J. Leonard against James F. Leahy for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

<p>Appeal from Ottawa; Padgham, J.</p> <p>Bill by Susie McDuffee against Daniel McDuffee, Junior, for divorce. From a decree for complainant, defendant appeals.</p>

, presiding. Bill by Olive E. McCracken against Edward MacNeal and Jáne MacNeal for an injunction and other relief. From a decree for complainant defendants appeal.

Mandamus by Marion Mann and others to compel Frank D. M. Davis, circuit judge of Ionia county, to vacate an order of sale of premises involved in a foreclosure suit.

<p>Error to Superior Court of the city of Grand Rapids; Stuart, J.</p> <p>Case by Gesina Bouma against William J. Dubois for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

<p>Error to Wayne; Rohnert, J.</p> <p>Case by Charles T. Wilkins against the Detroit United Railway for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Assumpsit in justice’s court by Johnson Hilliard against Robert Hilliard and Kate Hilliard for money had and received. From a judgment for plaintiff, defendants appealed to the circuit court. Judgment for plaintiff. Defendants bring error.

Mandamus by Marion G. Paul, prosecuting attorney of Benzie county, against Fred S. Lamb, presiding in the stead of the circuit judge for the county of Benzie, to require respondent to vacate an order discharging from custody a prisoner charged with violation of the local-option statute.

Petition in justice’s court by the board of education of the city of Holland against Engbertus Van Der Veen and another to condemn land of respondents for schoolhouse site. Erom a judgment for petitioner, respondents appealed to the circuit court which affirmed the judgment. Respondents bring certiorari.

Bill by William E. Niles against Andrew E. Lee for an injunction and to establish an alleged interest of complainant in certain property. From a decree dismissing the bill, complainant appeals.

Assumpsit by Louis J. Holser against Edward A. Skae for work and materials furnished by plaintiff to defendant. Defendant gave notice of recoupment. Judgment for plaintiff for $81.79. Plaintiff brings error.

<p>Error to Wayne; Hosmer, J.</p> <p>Assumpsit by Daniel Gelder against Allie R. Welsh upon a promissory note. Judgment for plaintiff. Defendant brings error.</p>

Case by Banajah M. Davis against the Buss Machine Works for personal injuries. An order overruling a demurrer to plaintiff’s declaration is reviewed by defendant on writ of error.

<p>Error to Kent; McDonald, J.</p> <p>Case by Walter O. Robinson against the Western Union Telegraph Company for the negligent transmission of a message. Judgment for plaintiff. Defendant brings error.</p>

<p>Error to Wayne; Donovan, J.</p> <p>Case by Anna Mirabile against the Simon J. Murphy Company for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

The final account of Harvey J. Taylor, administrator de bonis non with the will annexed of the estate of John M. Norton, deceased, was presented to the probate court and the account allowed. On appeal of John H. Stevens to the circuit court the order was affirmed. Appellant brings error.

, presiding. Bill by George H. Nichols against Elizabeth Nichols for divorce. Defendant filed a cross-bill praying that the court set aside a separation agreement existing between herself and husband. From a decree dismissing bill and cross-bill, defendant appeals.

<p>1. Mechanics’ Liens — Evidence—Pleading—Bill of Complaint as Evidence.</p> <p>Notwithstanding the provisions of Chancery Rule 10, subd. a, providing that neither a sworn bill nor a sworn answer shall have the force of evidence except as to admissions and except on motions, etc., a sworn bill offered in evidence in proceedings to enforce a mechanic’s lien, not denied by answer under oath, established aprima facie case. 3 Comp. Laws, § 10719.</p> <p>2. Same — Waiver—Effect of Clause Waving Sworn Answer —Equity.</p> <p>"The right to rely on the averments of the bill, verified as required by statute, was not lost by ncluding therein a clause waiving sworn answer.</p> <p>3. Same — Notice of Subcontractor — Claim.</p> <p>Where the owner of property on which complainant had provided building materials paid out to the other claimants funds remaining in its hands, knowing that complainant remained sole lien claimant after receiving from one of the principal contractors a statement on oath showing that complainant had a claim for an unstated sum, besides other materialmen named, complainant’s, lien was not defeated by its failure to serve the preliminary notice required by 3 Comp. Laws, § 10710, which was enacted to protect the subcontractor or laborer, and is not a condition precedent to the lien.</p>

Bill by J. Willis Hedrick and Bertha Hedrick against Charles W. Firke for specific performance of a contract for the sale and purchase of real property. From a decree overruling a demurrer to complainants’ bill, defendant appeals.

Case-made from Charlevoix; Mayne, J. Assumpsit by Charles J. Zeitler. administrator of the estate of Katherine Munson, deceased, against the Concordia Fire Insurance Company upon a policy of insurance. Judgment for plaintiff. Defendant brings error.

<p>1. Carriers — Railroads—Stations—Platforms.</p> <p>Evidence that plaintiff, in alighting from defendant's passenger train, stepped on a loose bolt and burr about one and one-half inches long that was lying on the platform, but was not shown to have been there for any given period, or to have been negligently left at that place, was insufficient to charge defendant with negligence.</p> <p>3. Same.</p> <p>The relation of common carrier and passenger existed while plaintiff was alighting from the train: defendant was charged with the duty of providing and maintaining reasonably safe patforms.1</p> <p>8. Same — Evidence—Presumptions.</p> <p>No presumption of negligence could arise from proof of suoh an accident.</p>

<p>1. Evidence — Explanatory Testimony — Written Documents—</p> <p>Parol Evidence.</p> <p>It is competent to introduce parol testimony to explain and interpret written documents.</p> <p>2. Injunction — Bills and Notes — Check—Restraining Payment.</p> <p>Complainant offered to purchase assets of an insolvent at judicial sale for 866,906.78. He also offered defendant, one of the • principal creditors, 50 per cent, of its claims for an assignment thereof, provided his bid for the property was accepted and his sale confirmed. His offer was accepted by the creditor and the property was struck off to him, the sale confirmed by the court, and later, on petition of certain creditors, was set aside. Pursuant to complainant’s arrangement, he forwarded a certified check, indorsed subject to the agreed conditions; which, being paid by mistake by the drawee bank to another bank, that presented the check for collection, payment to the defendant creditor was enjoined pending the determination of suit. The property of the insolvent was later sold at a higher price to another bidder. Held, that the injunction was properly made permanent, as complainant’s offer to defendant creditor was made on the contingency that he obtain title to the insolvent estate by reason of his bid of 866,906.78.</p>

Lucy Kemp, executrix of the estate of Obadiah Kemp, presented to the probate court for Oakland county for allowance her final account which was, in part, disallowed. Said executrix appealed to the circuit court. The order being affirmed, the executrix brings error.

Bill by Charles Scheidt against Henry Roe, administrator of the estate of John E. Barry, deceased, and others, for the specific performance of a contract for the sale of land. From a decree for complainant, defendants appeal.

<p>Intoxicating Liquors — Local Option — Principal and Agent— Furnishing Liquor — Statutes.</p> <p>One who takes money of another living in a county that has adoped prohibition, and in good faith purchases with it, in a county where intoxicating liquor may be lawfully sold, a bottle of whisky, which he delivers to the other in the county of his residence, does not violate 2 Comp. Laws, § 5412 et seq.1</p>

Bill by Alexander Zagelmeyer against the Laughray Concrete Brick Machine Company, Robert Laughray, G. Frederick Laughray, and Edward Laughray, for specific performance of a contract to convey certain patents. From a decree for complainant, defendants appeal.

<p>Mandamus by the Peninsular Power Company, a foreign corporation, to compel Frederick C. Martindale, Secretary of State, to grant respondent authority to transact business in the State of Michigan.</p>

<p>Appeal from St. Clair; Tappan, J.</p> <p>Bill by Mary A. Tierney against Patrick Tierney for divorce. From a decree dismissing complainant’s bill, she appeals.</p>

Case in justice’s court by John M. Sheehy against the Wabash Railroad Company for damages to personal property in transit. Plaintiff recovered, and defendant appealed to circuit court. Judgment for plaintiff. Defendant brings error.

<p>Pardon — Habeas Corpus — Parole—Board of Pardons.</p> <p>The advisory board in the matter of pardons, having no authority under the law to grant a parole to a prisoner whose minimum term has not expired, to take effect after the date he should become eligible to parole, may properly rescind its action in so granting parole prior to the expiration of the prisoner’s minimum term of sentence. Act No. 184, Pub. Acts 1905; Act No. 134, Pub. Acts 1909.</p>

Case by Lucile E. Baker, administratrix of the estate of Alfred Baker, deceased, against the Michigan Central Railroad Company for the unlawful killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.

Case by Peter F. McCormick against Oren E. Hawkins for libel. Judgment for plaintiff. Defendant brings error. This is an action of libel. Defendant, who is the owner of a newspaper which he conducts at the village of Mancelona, in this State, on January 23, 1910, published the following paid advertisement: “Speaks for Itself. “Muskegon, Mich., Jan. 23rd, ’10. “ Two years ago I took the work of serving supper to the business men’s banquet in Medalie hall at Mancelona for $22.

Case by Joseph T. Johnson against the Union Carbide Company for personal injuries. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.

Assumpsit by the Columbus & Hocking Coal & Iron Company against Llewellyn See and Karl Wardrop, co-partners as the Charlevoix Coal & Wood Company, for goods sold and delivered. Judgment for defendants. Plaintiff brings error.

<p>1. Master and Servant — Safe Plage — Mines and Mining.</p> <p>Except in cases where a place is made unsafe by the work of the employé, or danger is oreated as an incident of the labor in which he is engaged, a master is charged with the duty of providing his employés with a reasonably safe place in which to work.</p> <p>2. Same — Negligence—Safe Plage — Assurance of Agent.</p> <p>Where plaintiff was directed by his employer where to work in its mine, was advised that he must rely on the captain, shift boss, and other employés as to the safety of the place in which he might be working, and where, considering a place in which he was ordered to perform service, dangerous, he called the attention of the captain to it, and, being advised, after an inspection, that it was safe, continued to work there, and three hours later suffered injuries from the fall of rock, the employer assumed the common-law duty to make the place reasonably safe and was not within the exceptions.</p> <p>8. Same — Fellow-Servant.</p> <p>The duty could not be delegated to other employés so as to relieve the master of liability for their neglect.</p> <p>4. Same — Inspection—Care Required.</p> <p>Where the alleged inspection was shown to have been less complete or thorough than inspections of its kind in defendant’s mine usually were, its sufficiency was for the jury.</p> <p>5. Same — New Trial.</p> <p>Evidence upon the point that the attention of the captain and shift boss was not directed to the loose, overhanging rook, being in conflict, was properly left to the jury.</p> <p>6. Pleading — Variance—Amendment.</p> <p>A variance between declaration and proofs not being brought to the notipe of the trial court, and being curable by amendment, will be regarded on error as cured by amendment.</p>

. Trover by Leo Hennes and others against Charles He-bard & Sons, a corporation, for the conversion of certain timber. Judgment for plaintiffs. Defendant brings error.

<p>Contracts — Words and Phrases — “Proceeds.”</p> <p>Under á license contract between an inventor and manufacturer providing that the manufacturer should have a half interest in the patent which had been applied for, should have the right to manufacture said invention or license its manufacture and use upon a royalty, paying the inventor one-half of the net proceeds of the royalty, license fee or other consideration of each license, the manufacturer to advertise the product and introduce it and make the business, so far. as possible, successful, the term “ net proceeds ” included the profits after deducting losses on sales, expenses, and costs of the business: Per Moore, C. J., and Steere, MoAlvay, and Brooke, JJ.</p> <p>Blair, Stone, Ostrander, and Bird, JJ., holding that complainant was entitled to half the proceeds of licenses, without deducting losses, and was not interested in profits on the manufactured product.</p>

, presiding. Assumpsit by Henry E. Myers and Edwin F. Holmes, as administrators of the estate of John L. Woods, deceased, against the Muskegon Improvement Company and others upon a promissory note. Judgment for defendants. Plaintiffs bring error.

Case by James W. Kneeshaw 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.