Volume 190 — Michigan Reports

Bill by Mary Louise White, as executrix of the last will of Mary A. Reeder, deceased, to quiet title to certain land. From a decree for complainant, defendant appeals.

, presiding. Case in justice’s court by John Tiley against the Detroit United Railway for personal injuries. From a judgment for plaintiff, defendant appealed to the Circuit court. Judgment for plaintiff. Defendant brings error.

Case by William R. Roach & Company against Frank W. Blair and others, receivers of the Pere Marquette Railroad Company, for the negligent operation of one of its locomotives and the setting of -a fire. Judgment for plaintiff. Defendants bring error.

Case by Samuel I. Repperd against A. Fred Chapin and George A. Maloney, copartners, doing business as Chapin & Maloney, and the city of Jackson, for injuries to plaintiff’s horse. Judgment for defendants on a verdict directed by the court. Plaintiff brings error.

Case by Carl B. Tuttle, as administrator of the estate of William H. Eaton, deceased, against the Briscoe Manufacturing Company for the wrongful death of plaintiffs decedent. Judgment for plaintiff. Defendant brings error.

<p>Railroads — Crossings—Planking—Negligence.</p> <p>Where defendant operated gasoline motor ears on its railroad for the convenience of local traffic, and provided stations at highway crossings at which passengers could wait for cars that stopped on signal, and it appeared that plaintiff and her companion, in the daytime, came to a highway crossing to take a car and plaintiff attempted to cross the track to the side from which they hoarded the car, and in doing so stepped in the crevice between planks and' rail, which was of the usual width of SV2 inches, and of a depth of 2% to 4 inches, caught her foot and fell so that she wrenched and injured her knee, she was guilty of contributory negligence, under proofs showing that she was familiar with the station and crossing, which she had used frequently, and plaintiff was chargeable with such knowledge of the ordinary conditions and dangers there as were open to observation. And the failure of defendant railroad corporation to provide suitable and proper apparatus for signaling its cars was not the proximate cause of the injury to plaintiff, who left the matter of signaling to the person who accompanied her, and was proceeding to the point at which passengers, boarded the motor cars, without attempting, herself, to, give.the signal.</p>

, presiding. Assumpsit by Walter N. Lawrence against the Washington-Detroit Theatre Company for damages for the breach of a contract of hiring. Judgment for defendant on a verdict directed by the court. Plaintiff brings error.

<p>Error to Iron; Flannigan, J.</p> <p>Case by Arthur Calliari against Nelson E. Fisher for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

<p>1. Estates of Decedents — Executors and Administrators— Equitable Rights — Probate of Estates.</p> <p>Since only a legal estate in the personal property of a decedent vests in the administrator, the heirs being vested with the equitable estate or right, they may collect the debts, etc., if no creditors’ rights prevent, and may distribute the funds in such manner as they may agree upon without administration in the probate court. The law favors arrangements of this nature. They are binding, especially when carried out, on the heirs or distributees, in the absence of fraud or mistake.1</p> <p>2. Same — Debtor and Creditor — Enforcing Claims.</p> <p>The rule does not, however, recognize any authority upon their part, they not having the legal title, to enforce payment of debts to the estate.</p> <p>3. Same — Collection of Assets.</p> <p>On> the decease of an intestate the legal title to his personal effects remains in abeyance until the appointment of an administrator, and then vests in him in trust, in his official capacity, as of the time of the intestate’s death, • and he is entitled to the possession of such assets and to manage the property for the purpose of his trust; and except under special circumstances, such administrator, or other personal representative, as holder of the legal title, is alone authorized to bring an action for. the recovery of a debt due to the estate.2</p> <p>4. Same — Authority of Executor or Administrator.</p> <p>And after an administrator has been appointed, and the time for appeal has elapsed, he cannot be refused the right to uncollected choses in action yet belonging to the estate. Upon his appointment, because of debts or for any other good reason, he has the right to seize and take into his possession, or sell, such assets as may be necessary, regardless of any division or disposition the’ heirs or distributees may have made of the same.</p> <p>5. Same — Assignments—Stock.</p> <p>It has been held that the widow and heirs of a decedent have no authority to assign a certificate of stock in a corporation so as to transfer the legal title, and like holdings have been made in relation to other intestate property. .</p> <p>6. Same — Actions—Pasties.</p> <p>The rule is a general one that actions for the collection of debts due to an estate must be brought by an executor or administrator.</p> <p>7. Same — Exception.</p> <p>Where the debtor acknowledges the holder’s right to a, note received from an estate and agrees to treat the moneys called for by the note as a loan from such holder or assign, an exception is recognized to such rule.</p>

Bill by the Northern Michigan Building & Loan Association against John S. Fors and another to quiet title to certain land. From a decree for defendants, complainant appeals.

Assumpsit by the Oakland Motor Car Company against the American Fidelity Company, a foreign corporation, upon a policy of insurance. Judgment for plaintiff. Defendant brings error.

Assumpsit in justice's court by Hyman Adler' against Peter Katus and another for money had and received. A judgment for defendants was reviewed in the circuit court on certiorari. Judgment for defendants. Plaintiff brings error.

Bill by the Toledo, Saginaw & Muskegon Railway Company and another against Wilmarth ,T. Shafer and another, as drain commissioners, to restrain defendants from constructing a drain. From an order sustaining the demurrer of defendants complainants appeal.

Petition of Oramel B. Fuller, auditor general, for the sale of lands delinquent for taxes: On objections filed by Galen Stone and others. From a decree for petitioner, defendants appeal.

Bill by Jessie E. Hall against James H. Hall and others to set aside a deed, and other relief. From a decree dismissing the bill of complaint, complainant appeals.

Case by Wieger Kruis, as administrator of the estate of Simon Kruis, deceased, against the Grand Rapids, Grand Haven & Muskegon Railway Company and ■ the Citizens Telephone Company, for the wrongful death of plaintiffs decedent. Judgment for plaintiff against defendant Telephone Company, which brings error.

Alma Maud Finn presented her claim for compensation against the Detroit, Mt. Clemens & Marine City Railway for the death of her husband in defendant’s employ. From an order awarditfg compensation, respondent brings certiorari.

Exceptions before sentence from Bay; Collins, J. Carl Dehn was convicted of selling adulterated sausage, upon a verdict directed by the court.

Mandamus by Louis Ehinger against, William H. Graham, Ingham county clerk, to compel respondent to take necessary steps to hold a local option election in said county. From an order denying the writ relator brings certiorari.

, presiding. Mandamus by Robert Savage against the city of Detroit and others to compel the respondents to enforce the right of relator to hold an office under the civil service rules of the city of Detroit. An order granting the writ is reviewed by respondents on certiorari.

Certiorari by Percy T. Cook against the Board of County Canvassers of Kent County, to review the action of said board in declaring the result of an election relative to the annexation of certain territory to the city of Grand Rapids, and returning that the vote was in favor of annexation. Judgment for defendant. Plaintiff brings error.

Clair; Tappan, J. Habeas corpus by Bert Andrews against Robert E. Ellsworth to determine the jurisdiction of a justice of the peace of Bay county to hold petitioner for violating the game and fish law. An order discharging petitioner from custody is reviewed by respondent on certiorari.

Mandamus by William J. Graham against the Board of Supervisors of Manistee County to compel respondent to reconvene and to submit the question to vote of the qualified electors of said county as to whether the manufacture of liquors and the liquor traffic should be prohibited within said county. An order denying the writ is reviewed by relator on certiorari.

<p>Error to superior court of Grand Rapids; Stuart, J.</p> <p>Charles L. Johnson was convicted of obtaining money under false pretenses.</p>

Mandamus by Louis G. Heyer against the Board of Supervisors of Shiawassee County to compel respondent to reconvene and order that the question of prohibiting the sale of intoxicating liquors be submitted to the vote of the people. From an order denying the writ, relator brings certiorari.

Bill by Clarence M. Burton against the city of Detroit, and the civil service commission of said city, to enjoin defendants from paying increases in salaries to certain city officials. From the decree of the court both complainant and defendants appeal.

, presiding. Summary proceedings by Sophie A. White and another against the Huber Drug Company, a corporation, for the recovery of possession of certain real estate. Erom a judgment of the commissioner, complainants appealed to the circuit court. Judgment for defendant on a verdict directed by the court. Complainants bring error.

Assumpsit in justice’s, court by J. W. Knight against the Alamo Manufacturing Company for the recovery of_stock dividends. From a judgment for plaintiff, defendant appealed to the circuit court. Judgment for defendant on a verdict directed by the court. Plaintiff brings error.

George BisehofE presented his claim against the American Car & Foundry Company, a New Jersey corporation, for compensation for injury to claimant’s right hand. From an order awarding compensation respondent brings certiorari.

<p>Appeal from Muskegon; Sullivan, J.</p> <p>Bill by Frederick L. Fraser against R. Andrew Fleming, trustee for Helen H. Littell, to set aside a mortgage. From a decree for defendant, complainant appeals.</p>

<p>1. Trial — Joinder—Discontinuance—Motions.</p> <p>At the trial of an action for breach of a contract of warranty, the trial court did not err in declining to require plaintiff to elect whether or not he would proceed jointly against both defendants, who were made parties to the cause, or would discontinue as to one of them, as the right of plaintiff to the benefit of Circuit Court Rule 27 was inconsistent with such compulsory election, plaintiff being authorized under the rule in taking the verdict of the jury against all or one of the defendants as the proofs may justify.</p> <p>2. Same — Judsment—Parties.</p> <p>And where one of the defendants, a corporation, did not plead but appeared specially to move that the service be quashed, and by stipulation the motion was withdrawn, so that the case was not at issue as to- the defendant referred to, which had not been defaulted, and the case could not proceed to a joint judgment, the other defendant was not entitled to have his motion granted to ascertain whether plaintiff would proceed against one defendant: he must be charged with knowledge that a judgment could be had against him alone.</p> <p>3. Same — Joinder—Discontinuance.</p> <p>If the proofs warrant only a joint judgment, and the case is not in a situation to enter judgment against one of the joint debtors, the court cannot properly enter any judgment.</p> <p>4. Same — Variance—Amendment.</p> <p>Paragraph (c) of Circuit Court Rule 27 authorizes the jury, in a suit against joint defendants, to render a verdict against those who. are found to be liable without any requirement as to amending the declaration: either the variance is disregarded or amendment assumed to be made; and hence, upon plaintiff discontinuing against one defendant at the close of plaintiff’s case, and proceeding to judgment against the other, the court did not err in not requiring a formal amendment of the declaration.</p> <p>5. Same — Practice.</p> <p>If an amendment is ordered and is of such nature that the record supplies all the data for the change, it may be considered as made, though no verbal corrections are made in the pleadings.</p> <p>6. Sales — Rescission—Return—Warranty.</p> <p>Plaintiff, who claimed that he returned a defective motor car to defendant, from whom he bought it, and received defendant’s promise to supply a new one, not performed (as alleged), was not entitled to a direction in his favor and against the contention of defendant, who denied the return of the car or promise to supply another, but he-should have been allowed to go to the jury upon the issue of fact; and held, that there was a question of fact as to the agency of defendant’s son to enter into the settlement agreement.1</p>

Case by George W. Colwell against the Alpena Power Company, a limited partnership, for flooding plaintiff’s lands. Judgment for plaintiff. Defendant brings error.

Bill by Homer C. Millen and another against Nathan S. Potter and another for an accounting, and asking that defendant be decreed to issue certain stock to complainants, and for other relief. From a decree for complainants, defendants appeal.

, presiding. Assumpsit in justice’s court by the Detroit Fireproofing Tile Company, a corporation, against the Vinton Company, a corporation, for breach of contract of sale. From a judgment for plaintiff defendant appealed to the circuit court. Judgment for plaintiff for an insufficient amount. Plaintiff brings error.

Assumpsit by J. A. Fay & Egan Company, a foreign corporation, against the Cummer Manufacturing Company, a corporation, for balance of purchase price of a certain machine, before the court without a jury. Judgment for defendant. Plaintiff brings error.

Bill by Dennis Murray against the Keeley Institute of Western Michigan and others for an accounting and for other relief. From a decree for compláinant, defendants appeal.

Assumpsit by the city of Traverse City against the township of Blair for the recovery of taxes paid under protest. Judgment for defendant. Plaintiff brings error.

Assumpsit by the City of Traverse City against the Township of East Bay for the recovery of taxes paid under protest. Judgment for defendant. Plaintiff brings error.

<p>Error to Wayne; Perkins, J., presiding.</p> <p>Case by Anna Laskowski against the People’s Ice Company, a corporation, for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Bill by the Michigan Independent Telephone & Traffic Association against the Michigan Railroad Commission to set aside an order of defendant permitting the sale or interchange of certain properties in which complainant was interested. From an order sustaining the demurrer of defendant, complainant appeals.

, presiding. Bill by Thomas F. Pinel, individually, and as executor of 'the estate of Edgar E. Pinel, deceased, against Rachel Campsell, for an accounting and partition. From a decree for complainant, defendant appeals.

<p>Insurance — Injuries—Cause—Evidence.</p> <p>Held, on review of the evidence in an action on an accident policy, that the question whether death resulted from violent and external injuries or from a chronic distemper was for the jury; also, that recovery could not be refused on the ground that the insured had a disease produced by the injury or any complaint that did not proximately cause his death.</p>

Certiorari by School District No. 3 of Chester Township against Cynthia A. Green and Harry H. Partlow, as a board of appeals, to review the action of said board in decreeing the transfer of certain lands from plaintiff school district to another school district. Judgment for defendants. Plaintiff brings error.

, presiding. John C. Graves presented for probate the last will of Alvira M. Curtis, deceased. From an order admitting the same to probate Mable A. Northrop appealed to the circuit court. Judgment for appellee. Appellant brings error.

, presiding. Assumpsit by Nathan Gutov and others against Walter H. Clark for breach of a building contract. Judgment for plaintiffs. Defendant brings error.

<p>Error to Calhoun; North, J.</p> <p>Case by John S. Sanford against the Grand Trunk Western Railway Company, a corporation, for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Assumpsit by Philip La Vasser against the Chesbrough Lumber Company, a corporation, for breach of a lumber contract. Defendant filed a plea in abatement, which, was overruled. Defendant brings error.

Trover by Elmer F. Knowles against William J. Smith and others for the conversion of certain machinery. Judgment for defendants, on a directed verdict. Plaintiff brings error.

Bill by Joseph C. Morris, administrator de bonis non of the estate of Charles L. Fish, deceased, against Maud A. Kuhn, Tillie Vyse and Mary A. Richards to impress a trust upon certain real estate and for an accounting. From an order overruling the plea of defendants Kuhn and Richards, they appeal.

Case by Verde D. Harbaugh, doing business as the Electric Service Company, against the Citizens Telephone Company, a corporation, for the breach of a telephone contract. Judgment for defendant upon a verdict directed by the court. Plaintiff brings error.

Bill by Grace Harbor Lumber Company, a corporation, against Ferdinand C. Ortman and others to enforce a mechanic’s lien. From a decree for complainant, defendants appeal.

Bill by Solomon S. Curry against the Lake, Superior Iron Company, a corporation, to set aside certain tax deeds procured by defendant. From a decree for complainant defendant appeals.

Mary Lindsteadt* presented a claim for compensation against the Louis Sands Salt & Lumber Company for the death of her husband in defendant’s employ. From an order awarding compensation respondent brings certiorari.

Mandamus by Frieda Seilnacht and Sophia Pfrengle against Edgar O. Durfee, judge of probate for the county of Wayne, to compel respondent to revive the commission on claims in the matter of the estate of.' Theresa Mueller, deceased.

<p>1. Vendor and Purchaser — Specific Performance — Recording Law — Acknowledgment—Contracts.</p> <p>Where it was provided hy a land contract that the first party was 'to sell a parcel of land for a down payment and a price named, and to receive back a mortgage running one year, that the buyer was to build an apartment house on the premises, with money which the vendor should advance, a new mortgage for the total amount advanced to replace the first one, there was no ground for the contention of the buyer that the mortgage should recite the land contract or so refer to it and set out its terms as to extend the instrument on the record when the mortgage was filed, although the contract as originally drawn was not entitled to record because not acknowledged and witnessed.</p> <p>2. Same — Conditions—Dependent Covenants.</p> <p>Whether covenants in a conveyance are dependent or independent to some extent depends on the order, in point of time, in which performance is to take place.</p> <p>3. Same — Mutuality.</p> <p>And specific enforcement could not be granted to complainant where the court could not, on both sides, enforce the contract in all its material parts.</p>

Case by Bendine Wexel,'administratrix of the estate of Odin H. Wexel, deceased, against the Grand Rapids & Indiana Railway Company-for'the unlawful killing of plaintiff’s decedent. Judgment, for defendant on a directed verdict. Plaintiff brings error.

Bill by the Cochran Timber Company, a corporation, against E. L. Fisher to remove a cloud upon complainant’s title to certain land. From a decree dismissing the bill of complaint, complainant appeals.

<p>1. Mechanic’s Liens — Supplemental Bill — Equity Practice— Review on Error.</p> <p>In proceedings for the enforcement of a mechanic’s lien, the denial by the circuit judge of defendant’s petition to present a supplemental bill, which privilege he did not ask for until after notice of appeal had been entered from a decree of the court, was discretionary and will not be reviewed on appeal in the absence of abuse.</p> <p>2. Same — Building Contract — Evidence—Breach.</p> <p>Held, that the evidence failed to establish the contention of. the owner that the subordinate contractors colluded with the principal contractor to perpetrate a fraud on her by constructing and tendering a building not in accordance with the contract, but that if a difference appeared, she had impliedly, if not by express terms, assented to the alleged modification.</p> <p>3. Same — Rights op Subcontractors — Lien op Materialmen— Breach.</p> <p>But the mere failure of the contractor to perform strictly according to the provisions of the building contract would not defeat the liens of materialmen or subcontractors who furnished labor or materials that actually entered into the completed structure.</p> <p>4. Same — Service—Validity op Lien.</p> <p>The statute authorizing substituted service if the owner is absent from the county, by posting a copy of the claim on the premises (3 Comp. Laws 1915, § 14803), is to bfe strictly construed, and, hence, a subcontractor who failed to serve a copy of the claim on the agent of the owner within ten days of filing his lien could not enforce his claim of lien.</p> <p>4. Same — Affidavit—Cause—Attorney and Client.</p> <p>The fact that one of the subcontractors made affidavit to his claim before a notary who was then his attorney, but who did not appear for him in the proceedings, did not render the claim void, under 3 Comp. Laws 1915, § 12082, which forbids attorneys and counsellors from administering oaths in causes in which they may he professionally engaged, a cause being defined as a suit, litigation, action or proceeding in court.</p> <p>5. Same — Evidence.</p> <p>Where there was evidence of the defendant that a copy of one lien was not filed within the statutory period, but the subcontractor who filed it gave testimony that he thereafter performed wort on the foundation to protect it against the weather, the lien is held to be sufficiently established.</p> <p>6. Same — "Variance.</p> <p>And where there was a substantial but not misleading variance in figures between the evidence and bill of complaint, the court would not treat the difference as fatal, the lien having attached.</p>

Assumpsit by the Thomson Electric Welding Company, a foreign corporation, against the Peerless Wire Fence Company, a corporation, for damages for breach of covenants in certain leases. Judgment for defendant on a verdict directed by the court. Plaintiff brings error.

Petition by Patrick Foley for the reopening of petitioner’s claim for compensation against the Detroit United Railway, and for further compensation. From an order awarding further compensation respondent Brings certiorari.

Case by the Grand Rapids Lumber Company, a corporation, against Frank W. Blair, and others, receivers of the Pere Marquette Railroad Company, a railroad corporation, for damages plaintiff had been compelled to pay to a servant injured through the negligence of defendants. Judgment for defendants ón a verdict directed by the court. Plaintiff brings error.

Bill by Fred G. Austin, as receiver of Cameron Currie & Company, against Charles Hayden and others, copartners as Hayden, Stone & Company, for an accounting and other relief. Complainant was later selected trustee in bankruptcy of said firm and given permission to prosecute this suit as such trustee. From an order denying complainant’s petition to file a supplemental bill, complainant appeals.

Mandamus by the Chesbrough Lumber Company, a corporation, against Patrick H. O’Brien, circuit judge of the twelfth judicial circuit, presiding in Chippewa circuit, to compel respondent to vacate an order of relaxation of costs entered in a suit in which relator was •defendant.

<p>Error to Ingham; Collingwood, J.</p> <p>Case by Arthur C. Baxter against the City of Lansing for personal injuries. Judgment for defendant on a verdict directed by the court.</p>

, presiding. The will of Eliza Teller, deceased, was presented for probate by Bert Skinner, executor. From an order admitting the same to probate John Teller, who contested the probate of the instrument, appealed to the circuit court. Judgment for contestant. Proponents, Ella Madden and others, bring error.

<p>Error to Wayne; Codd, J.</p> <p>Assumpsit by the Kirby-Sorge-Felske Company, a corporation, against Payson M. Doty for broker’s commissions. Judgment for plaintiff. Defendant brings error.</p>

<p>Error to Wayne; Hally, J.</p> <p>Case by Herman Barkow against the Donovan Wire & Iron Company, a corporation, for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Bill by the Jackson, Ann Arbor & Detroit Railway Company against the Ann Arbor Railroad Company for a decree declaring said defendant a trustee holding in trust certain bonds for the benefit of complainant, and for an accounting. From a decree for complainant, defendant appeals.

Assumpsit in justice’s court by Sophia A. Thompson against the W. W. Kimball Company, a corporation, for the recovery of money paid for a piano. From a judgment for plaintiff defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

Bill by Great Lakes Realty & Building Company against Annie Caskey Turner and others for an injunction restraining defendants from forfeiting certain rights set up in a sublease to complainant. From an order overruling the demurrer of defendant Annie Caskey Turner, she appeals.

, presiding. Case by C. Ray Beach against the Michigan Central Railroad Company for negligent operation of its locomotive and the setting of a fire. Judgment for defendant on a verdict directed by the court. Plaintiff brings error.

, presiding. Petition by Oramel B. Fuller, auditor general, for the sale of land delinquent for taxes: On objections of Edward C. Johns and others. From a decree for contestants, petitioner appeals.

Michael La Veck presented his claim for compensation against Parke, Davis & Company for injuries received while in defendant’s employ. From an order awarding compensation, respondent brings certiorari.

Mandamus by Samuel Anker against the Board of Supervisors of Iosco County to compel respondent to reconvene and rescind their action in submitting to the vote of the qualified electors of said county the-question as to whether the manufacture of liquors and. the liquor traffic should be prohibited within said county. An order denying the writ is reviewed by relator on certiorari.

Bill by Anna Yalomstein against Moses Yalomstein and others for a decree declaring null and void certain instruments executed by complainant’s husband in favor of defendants before his death. From a decree for complainant, defendants appeal.

Assumpsit in justice’s court by Randall M. Wedge-wood against Robert A. Jorgens for services in preparing plans and specifications for a certain building. From a judgment for plaintiff defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

Assumpsit by Carrie Zender against the Detroit Lodge No. 1, Knights of the Royal Ark, a mutual benefit insurance association, upon a policy of insurance. Judgment for plaintiff upon a verdict directed by the court. Defendant brings error.

John Kennelly presented his claim for compensation against the Stearns Salt & Lumber Company, a corporation, and the New England Casualty Company, for. loss of one of claimant’s eyes. From an order awarding compensation respondent casualty company brings certiorari.

Bill by Edwin Connine and others against W. W. Smith, and others, as trustees of Hanover Unit School District, for an injunction restraining defendants from disposing of certain bonds. From an order dismissing the bill of complaint, complainants appeal.

, presiding. Trover in justice’s court by Ida A. Parnell against William A. Pungs for the conversion of a certain marine engine and other personal property. From a judgment for plaintiff defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

Assumpsit in justice’s court by Nathan Kronman & Company, a foreign corporation, against John G. Gardella for the price of certain grapes. From a judgment for defendant, plaintiff appealed to the circuit court. Judgment for defendant by the court sitting without a jury. Plaintiff brings error.

<p>Appeal from Wayne; Van Zile, J.</p> <p>Bill by Elizabeth McDonald against James H. McDonald for a divorce. From a decree for complainant, defendant appeals.</p>

Case by Thomas A. Wood, administrator of the estate of Jack Beverly Wood, deceased, against the Standard Drug Store, a corporation, brought under the survival act, for personal injuries. Judgment for plaintiff. Defendant brings error.

Case by Peter Plantenga and another against the Grand Rapids Terminal Railway Company, a corporation, and another, for damages for the construction of a railway upon a public street opposite plaintiff’s premises.. Judgment for plaintiff. Defendant brings error.

Petition by Ray J. Tower against the Detroit Trust Company, receiver of the Chippewa Construction Company, for the cancellation of a certain contract made between petitioner and said construction company, and to dissolve an injunction .restraining petitioner from forfeiting certain contracts with said construction company. From an order denying relief, petitioner appeals.

, presiding. Interpleader by Ladies’ Auxiliary of the Ancient Order of Hibernians, a mutual benefit insurance association, against Edward J. Flanigan, Bridget Flanigan, and George Hollway, administrator of the estate of Katherine E. Hollway, deceased, for a decree determining the claims of defendants to the proceeds of a certificate of insurance issued to deceased. From a decree in favor defendants Flanigan, defendant Hollway appeals.

Bill by Walter G. Paterson and others against William T. Dust, commissioner of parks and boulevards of the city of Detroit, and others, for an injunction restraining defendants from interfering with the anchoring or mooring of any boats of complainants at certain places in the Detroit river. Defendants filed an answer in the nature of a cross-bill for an injunction restraining complainants from anchoring their houseboats near the shore of Belle Isle.

Bill by the Rapid Railway Company, a street railway corporation, against Charles Schroeder, deputy township treasurer, and the Township of Erin, for a decree declaring void a certain tax assessed against complainant and for an injunction restraining defendants from selling one of complainant’s passenger cars under a tax levy. From a decree for defendants, complainant appeals.

Assumpsit by Frank L. Critz and another against Jesse R. Cropsey and another on a promissory note, before the court without a jury. Judgment for plaintiffs. Defendants bring error.

Assumpsit in justice’s court by William J. Spears against George V. Black for the recovery of money due for rent of a store. From a judgment for plaintiff, defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

Case by George W. Leary against Ray E. Becker, doing business as the Becker Auto Company, for personal injuries. Judgment for defendant on a verdict directed by the court. Plaintiff brings error.

Assumpsit by the Power Specialty Company, a foreign corporation, against the Michigan Power Company, a corporation, to recover the purchase price of certain superheaters. Judgment for plaintiff on a verdict directed by the court. Defendant brings error.