Volume 197 — Michigan Reports

James B. Brown presented his claim for compensation against the George A. Fuller Company for injuries received in defendant’s employ: On petition by defendant to be relieved from making further payments. From an order denying the petition, defendant brings certiorari.

Carrie May Cutler was convicted of murder in the second degree, and sentenced to imprisonment for not less than two nor more than twenty years in the Detroit house of correction.

<p>1. Judgment — Default—Court Rules — Setting Aside Default.</p> <p>Under Circuit Court Rule No. 32, subd. 4, providing that where proceedings are taken after default on strength thereof the default should not be set aside unless application is made within six months after such default is regularly filed, where proceedings were taken after default on the strength thereof, upon defendant’s default on personal service of a bill for want of answer, and a decree was thereafter entered, an order setting aside such default more that six months after its entry was void.</p> <p>2. Abatement — Death of Codefendant — Estates by Entireties —Default.</p> <p>It was unnecessary to suggest on the record the death of the decedent, and the decree was not void because of his death prior thereto, where a decree was rendered after the death of one of the defendants, whose interest in the premises, relating to which the suit was brought, was held by the entireties by such defendant and his wife, also a party to the suit, and the defendants were in default after personal ¡service.</p>

Bill by Raymond H. Wilcox and others against George Hubbell, administrator of the estate of William Wilcox, deceased, and the Michigan Trust Company to enforce the performance of a trust agreement and for an accounting. From a decree for plaintiffs, defendant Hubbell appeals.

, presiding. Henry R. MacGillis presented a claim against the county of Alcona for services rendered. The claim was disallowed in part, and claimant appealed to the circuit court. Judgment for claimant. Defendant brings error.

Arthur N. Perry was convicted of obtaining money by false pretenses and sentenced to imprisonment for not less than one nor more than ten years in the State prison at Jackson.

, presiding. Case by Milo O. Bennett against Joseph W. Stock-well and others for libel. Judgment for defendants on a directed verdict. Plaintiff brings, error.

, presiding. Assumpsit in justice’s court by John P. Waldecker against H. Collier Smith for goods sold and delivered. There was judgment for defendant, and plaintiff appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

Ben Lyons was convicted of pandering, and sentenced to imprisonment for not less than 10 nor more than 20 years in the State prison at Marquette.

Cross-appeals from Alpena; Emerick, J. Bill by Frank W. Fletcher against Frank W. Fletcher and Allan M. Fletcher, executors of the will of George N. Fletcher, deceased, and Grace Fletcher King for an accounting. Defendant King filed an answer in the nature of a cross-bill asking affirmative relief. From the decree rendered, all parties appeal.

William S. La Londe was convicted of statutory rape and sentenced to imprisonment for not less than four nor more than twelve years in the State prison at Marquette.

Mandamus, by Jacob Adler and Benjamin Rush, to compel William F. Connolly, judge of the recorder’s court of the city of Detroit, to vacate an order restraining the construction of a building.

, presiding. Bill by Stanley A. Bush against Clark Haire and another for the dissolution of a partnership and for an accounting. From a decree for plaintiff, defendants appeal.

Bill by the Waverly Park Amusement Company against the Michigan United Traction Company to restrain defendant from interfering with plaintiff’s leasehold rights. From a decree for plaintiff, defendant appeals.

' Case by the Waverly Park Amusement Company against the Michigan United Traction Company and another for the removal of certain trade fixtures. Judgment for plaintiff. Defendant brings error.

' Ephraim J. McNally presented his claim against the city of Saginaw for injuries received in defendant’s employ. From an order awarding compensation, defendant brings certiorari.

<p>1. Bills and Notes — Contracts—Foreign Contracts — Validity —What Law Governs.</p> <p>The laws of a foreign State govern the rights of the parties to a note executed in such State by a resident of such State and payable to a bank in such State.</p> <p>2. Husband and Wife — Contracts—Statutes—Contract of Wife —Surety for Husband.</p> <p>Under the Code of Alabama, § 4492, providing that a “wife has full legal capacity to contract as if she were sole, except as otherwise provided by law,” and § 4494, relating to her right to alienate or mortgage her real or personal-property under certain conditions, and § 4497, providing that the “husband and wife may contract with each other, but all contracts into which they enter are subject to the rules of law as to contracts by and between persons standing in confidential relations; but his wife shall not, directly or indirectly, become the surety of her husband,” a married woman can make all contracts, agreements, and conveyances in regard to her separate estate, “except as otherwise provided by law,” and the only prohibition upon her is that she cannot directly or indirectly become the surety for her husband.1</p> <p>3. Same.</p> <p>Under the Alabama laws a surety is one who contracts to answer for a debt, default or miscarriage of another, assuming an obligation accessorial to that of the principal debtor.</p> <p>4. Bills and Notes — Contracts—Foreign Contracts — Principal and Surety.</p> <p>In an action on a note made in Alabama, evidence examined and held, insufficient to establish that defendant was a surety on the note for her husband.</p>

Assumpsit by Edwin D. Buell, trustee in bankruptcy of Morris F. Schloss and Herman N. Aserson, copartners as. Schloss & Aserson, against Louis Siderman for goods sold and delivered. Judgment for plaintiff. Defendant brings error.

<p>Compromise and Settlement — Question eor Juey.</p> <p>The evidence presented a jury question relating to the sufficiency of evidence of a consideration for a compromise between defendant, the widow of deceased, and the plaintiff, his mother, whereby a bond was given by the widow to the mother conditioned on the payment of monthly sums to the mother for life, where the mother claimed that a will was in existence, under which she was entitled to a specific sum of money out of the estate and the widow claimed that it had been revoked and that the deceased had requested her to make provision for the mother, and she had agreed to do so.</p>

Case by Burt Douglas against the Temple Manufacturing Company for personal injuries. From an order denying a motion to dismiss, defendant brings certiorari.

, presiding. Case in justice’s court by the Massachusetts Bonding' & Insurance Company against Ross A. Park for the negligent breaking of a window. There was judgment for plaintiff and defendant appealed to the circuit court by writ of certiorari. Judgment dismissing writ. Defendant brings error.

John Kutschmar presented his claim for compensation against the Briggs Manufacturing Company for injuries received in defendant’s employ. From an order awarding compensation, defendant and the ¿Etna Life Insurance Company, insurer,- bring certiorari. On April 10, 1914, claimant was employed by respondent, the Briggs Manufacturing Company, in making automobile cushions.

Clair; Tappan, J. Assumpsit by Charles Damm against Edward L. Vincent for money obtained by fraud and deceit. Judgment for defendant. Plaintiff brings error» Plaintiff sues in assumpsit seeking to recover the sum of $1,500. It appears from the record that the plaintiff is 53 years old, a laboring man, and in the year 1907 was employed as a watchman in the city of Woodstock, Ontario.

Case by Samuel W. Finkelstein against the Michigan Railway Company for personal injuries. Judgment for plaintiff. Defendant brings error. The defendant operates an electric railroad from Grand Rapids to Kalamazoo with a branch connecting with Allegan. On May 21, 1915, the plaintiff, a junk dealer living in Allegan, purchased a ticket and took passage on defendant’s car at Allegan for Kalamazoo.

, presiding. Bill by Myrtle E. Stanton against Lee W. Stanton for a divorce, alimony and an accounting. From a decree for plaintiff, defendant appeals.

Assumpsit by William Pagenkoff against the Patrons’ Mutual Fire Insurance Company of Michi-' gan, Limited, on a policy of insurance. From an order denying a motion to dismiss, defendant brings certiorari.

Assumpsit by Nellie M. Cameron against the Royal Neighbors of America for the amount of a benefit certificate. Judgment for plaintiff. Defendant brings error. The declaration in' this case alleges that the sum of $500 is due upon a beneficiary certificate issued by the defendant society upon the life of Alexander H. Cameron, wherein the plaintiff is named as beneficiary.

Quo warranto by William C. Brown, prosecuting attorney, on the relation of George H. Van Burén, against Fred S. Lawrence to try the title to the office of director and president of the Lawrence & Van Burén Printing- Company. Judgment for relator. Respondent brings error.

, presiding. Case by James H. Bayne, administrator of the estate of Leo La Framboise, deceased, against Melville B. Everham, Thomas F. Cowhey, the Gabriel Reinforcement Company and William W. De Lange for the negligent killing of plaintiff’s intestate. Judgment for plaintiff. Defendants Cowhey and Gabriel Reinforcement Company bring error.

Bill by Isaac Ogooshevitz and another against Fred Arnold and another for the specific performance of a land contract. From a decree dismissing the bill, plaintiffs appeal.

, presiding. Bill by the Lake Erie Land Company and another against Wladislaw Chilinski and others for the specific performance of a land contract. From a decree for defendants, plaintiffs appeal.

<p>Error to Allegan; Cross, J.</p> <p>Assumpsit by Catherine Gordon against the'St. Paul Fire & Marine Insurance Company on a policy of insurance. Judgment for plaintiff on a directed verdict. Defendant brings error.</p>

<p>1. Corporations — Liabiutv of Manager for Assets — Accounting.</p> <p>The manager of a furniture company cannot be compelled to account for tbe proceeds of sales of samples of the company wbere no record is made on the books and such proceeds are used in paying notes of a third person on which the company was liable, and of which .there was also no record on the corporate books.</p> <p>2. Same.</p> <p>A settlement between the representatives of the estate of a deceased officer of a furniture company and such company whereby the company acknowledges payment in full and releases and discharges all claims of the company against the estate includes outstanding “kited” paper which was illegally issued by such deceased officer but which an audit of the books had disclosed, and the fact that the successor, of deceased renewed or kept alive such obligation is immaterial.</p> <p>3. Same.</p> <p>Where defendant, instead of charging an account to profit and loss, improperly credited the debtor and charged the amount to commissions and thus wiped out the account, he cannot be .charged with the account if it was fictitious and the company thus suffered no loss.</p> <p>4. Same.</p> <p>Defendant officer could be required to account for the sum paid out of corporate funds to a third person in satisfaction of a personal note.</p> <p>5. Same.</p> <p>Where defendant manager had no authority to subscribe for stock in another corporation in the name of the company, he could not recoup his loss by canceling a valuable lease held by the company, taking a new lease in his own name and then profiting by subleasing to his own and other companies, and he must account for the money thus received.</p> <p>6. Same.</p> <p>Defendant manager could be compelled to account to the company for the unearned portions of the salary of his deceased predecessor where, without authority, he credited the account of such deceased officer with the amount of salary unearned in the month that deceased died, as well as with the earned portion, and used the proceeds to pay debts of such deceased officer.</p> <p>7. Same.</p> <p>Where an officer of a corporation collects on small sales of merchandise without making any entry of the proceeds on the books, he is bound to account therefor if he is unable to show that he has paid out such proceeds in satisfaction of an increased salary to another officer.</p> <p>8. Same.</p> <p>A managing officer of a corporation may be required to account for excess interest paid to a relative on a loan made by her to the company where he pays interest on the full amount of the loan, disregarding previous payments on the principal.</p> <p>9. Same.</p> <p>Where a managing officer of a corporation cancels an indebtedness of a relative and employee of the company by crediting such employee with labor and such employee had been receiving full payment of his salary and an extra amount not appearing on the pay roll and there was nothing due him, such officer may be required to account for the amount of such indebtedness.</p> <p>10. Same.</p> <p>A managing officer of a corporation may be required to account to the corporation for the reasonable value of work performed on property of his relations by employees of the company at his order and without charge, especially where work could have been found for the men to do at the plant of the company.</p> <p>11. Same.</p> <p>Where defendant officer kept no record of the time of the employees while they were working on the premises of his relatives he cannot be heard to complain, in a suit by the company for an accounting, of the indefiniteness of the proof, when he is required to account for the' reasonable value of such work.</p> <p>12. Same.</p> <p>Where a defendant corporate officer used the labor of employees of the company to construct .a residence for himself and fitted his house with specially designed furniture made in the plant and no record was kept of the time of such employees he may be compelled to account for the reasonable value of such labor and of such furniture.</p> <p>13. Same.</p> <p>A managing officer of a furniture .corporation, having charge of the making of all contracts for the company, who receives valuable gifts from companies with which the company deals and uses such gifts in the construction of a home, commits a breach of trust and may be required to account for the value of such gifts.</p>

Petition by Charles H. Jasnowski, prosecuting attorney of Wayne county, against William F. Connolly, judge of the recorder’s court of Detroit, for a writ of prohibition restraining the calling of a grand jury for said court.

, presiding. Bill by Arthur P. Loomis against Frank F. Rogers, State highway commissioner, to restrain the construction of a highway. From a decree dismissing the bill, plaintiff appeals.

<p>Exceptions before judgment from Oakland; Smith,, J.</p> <p>William N. White was convicted of peddling without a license.</p>

Bill by Robert C. Atkinson and others against John C. Akin and others in aid of execution. From a decree for plaintiffs, defendants appeal.

Henry M. Brunette presented his claim against the Quincy Mining Company for injuries received in defendant’s employ. From an order awarding compensation, defendant brings certiorari.

, presiding. Case by John M. Halloran, administrator of the estate of Albert Brog, deceased, against the Michigan Railway Company for the negligent killing of plaintiff’s intestate. Judgment for plaintiff. Defendant brings error.

Mandamus by Kate Guthrie and another to compel Frederick W. Mayne, circuit judge for Leelanau county, to grant an extension of time to settle a case for appeal.

Bill by Kathryen Severance against George W. Severance and another for the affirmance of a common-law marriage. From a decree for plaintiff defendants appeal.

Case by John Toleikis against John L. Austin and others for false imprisonment. From an order sustaining demurrers in part, plaintiff brings error.

William Armstrong presented his claim against the Oákland Vinegar & Pickle Company for injuries in defendant’s employ. From an order awarding compensation, defendant and the Standard Accident Insurance Company, insurer, bring certiorari.

<p>1. Trial — Argument oe Counsel.</p> <p>It was highly improper for counsel in a personal injury action to state after the jury returned to the room that the opposing counsel “had the gall, the nerve, as you stepped out 15 minutes, to ask to direct another verdict.”</p> <p>2.. Same.</p> <p>In an action against a railroad for personal injuries argument of counsel commenting on the extent of plaintiff’s injuries and the liability of the company was improper.</p>

Case by Julia Spreng, administratrix of the estate of Frances Spreng, deceased, against the Detroit United Railway for the negligent killing of plaintiff’s intestate. Judgment for defendant on a directed verdict. Plaintiff brings error.

Replevin by Patrick Slattery against A. A. Tillman and another for the possession of an automobile. Judgment for plaintiff. Defendants bring error. The following facts appear undisputed in this record : On August 2,1915, the plaintiff, being the owner of an automobile, caused it to be delivered at the garage of defendants for the purpose of having certain repairs made to the clutch. The repairs were made on that day at a cost of $84.86.

Bill by Homer F. Merrill against Rufus L. Myers to redeem from the sale of land for taxes. From a decree for plaintiff, defendant appeals. The bill in this case is filed for the purpose of compelling defendant, upon the payment of $27.10, to re-convey to the plaintiff certain lands, the title to which defendant had secured through purchase at the annual tax sales in the year 1913; the tax having accrued in the year 1910.

<p>Appeal and Error — Scope oe Review — Objections Not Raised on Trial.</p> <p>A judgment for plaintiff will be affirmed where assignments of error in refusing a continuance because of the absence of a defendant corporation’s president and in refusing a new trial because of the inability of such officer to be at the trial are not supported by objections or exceptions, and defendant’s attorney, after denial of the motion for continuance, participated in the trial without objection to the proceedings, and these are the only questions involved.</p>

Antonija Kalcic presented her claim for compensation for the accidental, death of her husband in defendant’s employ. From an order awarding compensation, defendant brings certiorari. Appellant respondent in this proceeding reviews by certiorari an order of the industrial accident board by the terms of which claimant was awarded the sum of $8.70 per week for a period of 300 weeks.

Exceptions before judgment from Genesee; Stevens, J. John Bola was convicted of violating the liquor law. Reversed, and respondent discharged.

Mandamus by William S. Shaw and William Capelin, copartners as the Boyne City Hardware Company, to compel Frederick W. Mayne, circuit judge of Charlevoix county, to vacate an order extending the time for the settlement of a bill of exceptions.

Mandamus by the board of control of the Michigan State Prison to compel Oramel B. Fuller, auditor general, to approve certain salary vouchers. The legislature of this State at its session of 1907 passed an act known as Act No. 57 of the Public Acts of 1907 (1 Comp. Laws 1915, § 1719), which was ordered to take immediate effect, and was approved April 25, 1907.

<p>Mandamus by Rita M. Dwyer to compel Henry A. Mandell, circuit judge of Wayne county, to set aside an order- denying a writ of attachment.</p>

Bill by Charles H. Comstock against Walter T. Deane, Libbie G. Gibson and others for the partition of certain real estate. Defendants filed cross-bills praying for an accounting. From an order denying motions to dismiss said cross-bills, plaintiff appeals.

, presiding. Bill by Robert M. Dalton and another against William M. Mertz and another for an accounting. From a decree sustaining a plea in bar, plaintiffs appeal.

<p>Appeal from Wayne; Cross, J., presiding.</p> <p>Bill by Max Lietzau against Hedwig Lietzau for a divorce. From a decree for plaintiff, defendant appeals.</p>

Bill by Paul J. Schlossman and others against Howard M. Rouse for a reformation of a land contract. From a decree dismissing the bill, plaintiffs appeal.

<p>1. Nuisance — Criminal Prosecution — Evidence—Sufficiency.</p> <p>On a prosecution of a railroad for maintaining a nuisance consisting of a crane for loading and unloading cars, evidence held, sufficient to show that the neighborhood was not residential in character, but was a railroad terminal.</p> <p>2. Same.</p> <p>A public nuisance is not created by the operation day and night of a crane used in loading and unloading cars at a railroad terminal, which is made necessary by the demands of the public.</p>

<p>Error to Wayne; Hosmer, J.</p> <p>Case by Louis S. Musliner against the Detroit United Railway for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

, presiding. Bill by Z. Lau against Moses Scribner and others to set aside the foreclosure of a mortgage. From a decree dismissing the bill plaintiff appeals.

Assumpsit by Armour & Company against the Freeman Baking Company for goods sold and delivered. Judgment for plaintiff non obstante veredicto. Defendant brings error.

Bill by Frank Charlet against Robert T. Teakle for the specific performance of an agreement for a lease. From a decree for plaintiff, defendant appeals.

Assumpsit by the East Side Trust & Savings Bank against Francis F. McGinnis for the amount of a promissory note. Judgment for defendant on a directed verdict. Plaintiff brings error.

Assumpsit in justice’s court by the Ithaca Roller Mills against the Ann Arbor Railroad Company for flour damaged in transit. There was judgment for plaintiff and defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error.

Bill by Lena M. Gittings against Joel C. Gittings for a divorce. Plaintiff was granted a divorce and given the custody of the children and defendant required to contribute towards their support. On petition of defendant for a modification of the decree: From the order made, defendant appeals.

<p>1. Appeal and Error — Common-Law Rights.</p> <p>The right of appeal from the judgment of a justice of the peace to the circuit court of a county in a prosecution for violation of a city ordinance did not exist at common law.</p> <p>2. Municipal Corporations — Home-Rule Act — Marquette Charter — Ordinances—Justices op the Peace — Judgments—Right op Appeal.</p> <p>The home-rule act (Act No. 279, Pub. Acts 1909), § 30 (1 Comp. Laws 1915, § 3333) providing that in all suits and prosecutions arising under the ordinances and charter of the city for which such justice is elected the right of appeal from such justice’s court to the circuit court of the county shall be allowed as in case of appeal from justices’ courts in analogous cases clearly confers the right of appeal from a judgment of a justice of the peace of a city in a prosecution for violation of an ordinance to the circuit court.</p> <p>3. Statutes — Construction.</p> <p>Where the language of a statute makes its meaning obscure, it is the duty of the courts to construe it, giving it a reasonable and sensible interpretation; but where the language is clear and unambiguous it is only for the courts to obey and enforce it.</p> <p>4. Municipal Corporations — Home-Rule Act — Marquette Chaeter — Construction op Statutes.</p> <p>The home-rule act is one of the general laws of the State and, under section 36 (1 Comp. Laws 1915, § 3339), no city charter adopted pursuant to its provisions may contravene the provisions of such act.</p>

Error ,to Kent; Perkins, J. Birt E. Blodgett, administrator de bonis non of the estate of Chauncey Blodgett, deceased, presented his final account and asked for an order of distribution. The order was granted and Roy Blodgett and others appealed to the circuit court. Judgment reversing the order of the probate court. Birt E. Blodgett and another bring error.

Bill by James B. Luce and others against Charles Wright Luce and others to set aside a deed and for an accounting. From a decree dismissing the bill, plaintiffs appeal.

<p>Intoxicating Liquors — Local Option Law — Validity—Constitutionality.</p> <p>The local option law, Act No. 207, Pub. Acts 1889, as amended by Act No. 183, Pub. Acts 1899, and Act No. 170, Pub. Acts 1903 (2 Comp. Laws 1915, § 7093 et seq.), in so. far as it provides that the sale of wine or eider from home-grown fruit in quantities of not less than five gab Ions, and the sale at wholesale of wine or cider manufactured in a county to parties residing outside of the county may be made, is invalid under Art. iv, § 2, of the Federal Constitution, providing that the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States, but the rest of the act is valid.</p>

Holland L. Soule presented for probate the last will and testament of Frank W. Curtis, deceased. The will was allowed in the probate, court, and Nellie F.' Curtis Henry appealed to the circuit court. Judgment for proponent. Contestant brings error.

Assumpsit by the C. H. Little Company against the Cadwell Transit Company for breach of a contract to deliver sand and gravel. Judgment for plaintiff on a directed verdict. Defendant brings error.

Case by Nettie M. Clark, administratrix of the estate of Milton Stocum, deceased, against the Detroit & Mackinac Railway Company for the negligent killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.

This case is ruled by Clark v. Railway Co., ante, 489. Error to Arenac; Sharpe, J. Case by Lansing E. Lincoln, administrator of the estate of Ion Lincoln, deceased, against the Detroit & Mackinac Railway Company for the negligent killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.

Bill by George G. Winans against David O. Willetts and others to restrain a trespass upon a private pond. From a decree for plaintiff, defendants appeal.

, presiding. Bill by John Jones, prosecuting attorney of Ontonagon county, on the relation of William Hall, against Alex Turner for an injunction restraining defendant from conducting a saloon under an illegal license, and for the cancellation of the license. From a decree for complainant, defendant appeals.

Bill by Frank A. Horner against the Knights of Columbus Building Company and another to foreclose a mechanic’s lien. From an order overruling a motion-to dismiss, defendant Knights of Columbus Building Company appeals.

Quo warranto proceedings by the people of the State of Michigan, on the relation of Roger I. Wykes, attorney general, against the Sperry & Hutchinson Company to oust defendant from doing business in this State in violation of Act No. 244, Pub. Acts 1911 (3 Comp. Laws 1915, § 15055 et seq.).

<p>Error to Kent; Perkins, J.</p> <p>Assumpsit by William B. Banks against Edward J. Strong for breach of a contract of bailment. Judgment for plaintiff. Defendant brings error.</p>

, presiding. Assumpsit by Theodore D. Halpin, administrator of the estate of Oliver H. Wattles, deceased, against Kirk White and another on a promissory note. Judgment for plaintiff on a directed verdict. Defendant brings error.

<p>Error to Cheboygan; Shepherd, J.</p> <p>Case by Ursula Kasprzak against..W. Earle Chapman for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Bill by the P. L. Sherman Company against Albertha M. Pearll and another to redeem from a sale of land delinquent for taxes. From a decree dismissing the bill, plaintiff appeals.

<p>Error to Kalamazoo; Weimer, J.</p> <p>Case by Anton Adamski against the Michigan Railway Engineering Company for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

, presiding. Assumpsit by the Midland Operating Company against Stephen V. Miller and others for moneys advanced on an agency contract. Judgment for defendants. Plaintiff brings error.

Assumpsit in justice’s court by Marion Moore and Charles Hunt, copartners as Moore & Hunt, against Charles Frederick on a promissory note. From a judgment for plaintiffs, defendant appealed to the circuit court by writ of certiorari, with George C. Teed, surety on the bond. Judgment for plaintiffs. Defendant brings error.

Case by William B. Ormsbee, administrator of the estate of William S. Herrick, deceased, against the Grand Trunk Western Railway Company for the alleged negligent killing of plaintiff’s intestate. Judgment for defendant on a directed verdict. Plaintiff brings error. Plaintiff, as administrator of the estate of William S. Herrick, sues the defendant railroad company to recover damages for the alleged wrongful and negligent killing of his intestate.

Ejectment by George L. Bird against Edward I. Stimson. Judgment for plaintiff. Defendant brings error.

Theressa Eaton presented a claim against the estate of Eliza Bay, deceased, for services rendered. The claim was allowed in part by the commissioners, and Lorenzo Mudge, administrator, appealed to the circuit court. Judgment for claimant. Defendant brings error.

, presiding. Case by John Weber against Edward Beeson and another for personal injuries. Judgment for defendants non obstanto veredicto. Plaintiff brings error.

Assumpsit in justice’s court by Charles Peterson against William A. Harrington and another on a rer plevin bond. From a judgment for plaintiffs, defendants appealed to the circuit court by writ of certiorari. Judgment for plaintiff. Defendants bring error.

Cyrus Klapp and another appealed to the circuit court from a final order of distribution of the estate of Cyrus J. Klapp, deceased, awarding a portion of said estate to Harlan Austin, an adopted child who had prior to the death of Cyrus J. Klapp been legally readopted by Albert E. Pulsipher and wife. Judgment affirming the order of the probate court. Contestants bring error.

Joseph; Knowles, J. Bill by Lyle D. Balcom against Clark W. Tribbett for an accounting. Defendant filed an answer in the nature of a cross-bill claiming damages for breach of contract of sale. From a decree for defendant, plaintiff appeals.

Emma Scheer presented her claim for compensation against Herbert R. Holmes for the accidental death of her husband in defendant’s employ. From an order awarding compensation, defendant and the Royal Indemnity Company, insurer, bring certiorari.

Cross-appeals from Wayne; Perkins, J., presiding. Bill by Norman W. Fox against the Benham Manufacturing Company, Fred R. Johnson, and another, to foreclose a mortgage. Defendant Johnson filed an answer in the nature of a cross-bill for the foreclosure of a mechanic’s lien. The Peninsular State Bank filed a separate bill against the Benham Manufacturing Company and others to foreclose another mortgage. The cases were consolidated and heard as one.

Case by Thomas S. Barber and others, copartners as the Saranac Produce Company, against the Detroit, Grand Haven & Milwaukee Railway Company for the freezing of potatoes in transit. Judgment for plaintiffs. Defendant brings error.

<p>Divorce — Extreme Cruelty — Evidence—Sueeiciency.</p> <p>In a suit by a wife for divorce evidence held, insufficient to warrant a decree in ber favor on tbe ground of extreme cruelty.1</p>

, presiding. Bill by Wilhelmina Liebetreu and others against Anna M. Liebetreu and others for the partition of certain real estate. Defendants filed an answer in the nature of a cross-bill for the specific performance of a land contract. From a decree for defendants, plaintiffs appeal.

Stephen Fay presented for probate the last will of Thomas Fay, deceased. The will was allowed, and Nellie Most appealed to the circuit court. Judgment for proponent. Contestant brings error.

Proceedings by Frank J. Hughes under the log-lien law against John A. Hughes and the W. C. Sterling & Son Company, for work and labor. Judgment for plaintiff. Defendant company brings error.

<p>1. Libel and Slander — Time, Place and Attending Circumstances — Malice—Presumptions.</p> <p>The time, place and attending circumstances are an important consideration in a charge of slander, and not only may the occasion and surrounding circumstances rebut the presumption of malice but a distinction must be recognized in many particulars between the same or similar defamatory words, when spoken in passion or in the heat of controversy and when deliberately written or printed.</p> <p>2. Same — Privileged Communications.</p> <p>There is an element of privileged communication in words spoken by one who is ex officio a member of the board of estimates of the city of Detroit at a regular meeting of such board and in discussion of a matter of public interest charging a member thereof with' being susceptible to improper influences.</p> <p>3. Same.</p> <p>Where the occasion and attending circumstances are not in dispute the question of privilege in uttering slanderous words is for the court.</p> <p>4. Same — Privileged Communications — Directed Verdict.</p> <p>Where a privilege in uttering slanderous words is found by the court to be absolute a verdict should be directed for the defendant.</p> <p>5. Same — Instructions.</p> <p>In case of a quasi or qualified privilege, the questions of slander or no slander, malice or no malice, are usually matters of fact for the jury, but the court must instruct the jury as to the nature and legal effect of the qualified privilege and its bearing upon the consideration of the facts in issue.</p> <p>6. Same — Qualified Privilege — Rule.</p> <p>The rule of qualified privilege in the law of slander relates more particularly to private interests, where the occasion casts upon the defendant a duty, or right, to communicate to another in regard to some matter of special concern to one or both or to others for the protection of society, or some interest he represents.1</p> <p>7. Same.</p> <p>If the privilege in uttering slanderous words is absolute the questions of good faith and absence of malice are immaterial.</p> <p>8. Same — Matters of Public Concern — Absolute Privilege.</p> <p>Absolute privilege in uttering slanderous words applies more directly to matters of public concern, in regard to which it is considered for the general welfare that persons should be permitted to express their views more freely and fearlessly than in regard to private matters or persons.</p> <p>9. Same.</p> <p>Words spoken by the president of the poor commission of the city of Detroit, who is ex officio a member of the city board of estimates, with power to participate in the deliberations and proceedings of such board, but without right to vote upon measures brought before it, at a regular meeting of the board, and in relation to a matter of public interest, imputing that a member of the board was susceptible to improper influences, by bribery or otherwise, are absolutely privileged, since such board has a function in taxation demanding the exercise of semi-legislative discretion.</p>