Volume 204 — Michigan Reports

Assumpsit by Mary E. Staffan against the Cigar-makers’ International Union of America for the amount of a benefit certificate. Judgment for plaintiff on a directed verdict. Defendant brings error.

Elmer L. Smith, presented his claim for compensation against the Battjes Fuel & Building Material Company for injuries received in defendant’s employ. From an order denying petitions for the discontinuance of payments under an award, defendant and the State accident fund bring certiorari.

, presiding. Bill by Teofil Banski and another against Anthony Michalski to set aside an assignment of a land contract on the ground of fraud. From a decree for plaintiffs, defendant appeals.

Clair; Tappan, J. Bill by John A. Farr against Charles A. Childs and another to restrain interference with the possession of a farm. Defendants filed a cross-bill to set aside plaintiff’s deed and to quiet title. From a decree for defendants, plaintiff appeals. The bill in this case was filed by the plaintiff for the purpose of securing a preliminary and permanent injunction against defendant, preventing him from interfering with plaintiff’s possession of a certain farm.

Bill by James Pound and others against Sherman S. Clum and others to rescind an exchange of real property on the ground of fraud. From a decree for plaintiffs, defendants Clum appeal. Plaintiffs were, in December, 1916, the owners of 160 acres of land In Genesee county, Michigan, worth $85 an acre, or a total of $13,600. The farm was subject to mortgages aggregating $3,550. The value of the equity, therefore, was the sum of $10,050.

Bill by Clara Crisp and others against Ellsworth Anderson and others for a construction of the last will of Elmer Stafford, deceased. From an order dismissing the bill, plaintiffs appeal. On July 23, 1894, Elmer Stafford died testate. Two paragraphs of his will follow: “Eighth.

<p>Costs — Expert Witnesses — Statutory Pees.</p> <p>Section 12557, 3 Comp. Laws 1915, limiting the right to hire and pay expert witnesses in excess of the statutory fee, and providing that an award in such cases shall be made by the court, is no authority for the court to tax such excess fee so allowed against the defeated party.</p>

Bill by Maude I. Goodspeed against John W. Good-speed for a divorce. Defendant filed a cross-bill for affirmative relief. From a decree for defendant, plaintiff appeals.

Case-made from Ingham; Collingwood, J. Bill by John J. Bailey against Dorothy M. Bailey for a divorce. Defendant filed a cross-bill for a divorce and alimony. Between the time of the hearing and the date of decree, plaintiff died, and George R. Heck, special administrator, was allowed to intervene in behalf of plaintiff’s estate. From a decree awarding alimony, plaintiff administrator appeals.

Edward Ballard was convicted of an assault with intent to commit rape and sentenced to imprisonment for not less than five nor more than ten years in the State reformatory at Ionia.

Assumpsit by Daniel C. Clark against George Holman on a contract for the sale of certain lots. Judgment for defendant on a directed verdict. Plaintiff brings error.

<p>1. Vendor and Purchaser — Notice—Ejectment.</p> <p>Open, exclusive possession of an D-shaped wing of a garage extending upon premises purchased by plaintiffs was notice of the occupants’ rights, whatever they might be or from whatever source derived.</p> <p>2. Same — Lease—Question for Jury.</p> <p>Conflicting testimony as to plaintiffs’ notice of the existence' of a lease under which the occupants of the garage claimed, held, to present an issue of fact for the jury.</p> <p>3. Ejectment — Prima Facie Case — Burden of Proof.</p> <p>In ejectment proceedings, where plaintiffs made a prima facie case by proof of record title in fee simple, by warranty deed, the burden of proof rested upon defendants to show by what right they were in possession.</p> <p>4. Same.</p> <p>The burden of proof rested upon defendants to establish their rights under a lease and assignment introduced by them, and conflicting testimony as to plaintiffs’ knowledge and consent to the assignment raised an issue of fact for the jury.</p> <p>5. Appeal and Error — Issues—Review.</p> <p>Although the point that a lease was forfeited because assigned without plaintiffs’ consent was first raised in this court, where its validity was challenged by plaintiffs during the trial, it was before the court to construe.</p> <p>6. Same — Assignments of Error on Charge — Directed Verdict.</p> <p>Under section 14576, 3 Comp. Laws 1915, error may be assigned on the charge without bringing the matter to the attention of the trial judge; direction of a verdict being a charge within the meaning.of the statute..</p> <p>7. Trial — Directed Verdict.</p> <p>Held, a directed verdict not authorized by the record.</p>

, presiding. Action in case and assumpsit by Peter Otto and another against the village of Highland Park and others for damages resulting from insufficient sewerage. From an order denying a motion to dismiss, defendant village brings certiorari.

Assumpsit by The Kemper-Thomas Company against Oswald Deitz and another, copartners as O. Deitz & Son, for goods sold and delivered. Judgment for defendants on a directed verdict. Plaintiff brings error.

Bill by Eugene Sanford and another against George B. Newell to set aside a deed. From an order appointing a receiver pending the trial, defendant appeals.

<p>1. Master and Servant — Contracts—Compensation — Question for Jury.</p> <p>In an action against a corporation by an auditor for a balance claimed to be due him as compensation, conflicting testimony as to whether he was to receive expenses in addition to per diem, "held, to present an issue of fact for the jury.</p> <p>2. Corporations — Contracts—Board of Directors — Ministerial Officer — Powers.</p> <p>The president, as ministerial officer or agent of a corporation, has no implied power to obligate it by any act or contract which in effect overrules or revokes action taken by its board of directors in relation to the same matter.</p> <p>3. Master and Servant — Contracts—Termination of Sedation— Notice — Admissions.</p> <p>In such action, where plaintiff’s own testimony shows that he had notice of the action of the hoard of directors terminating his employment at a certain date, there was no issue.for the jury on the question of notice.</p>

, presiding. Bill by George Raniak and another against Edward Pokorny and others to quiet title to land, to set aside certain deeds as fraudulent and for an accounting. From a decree dismissing the bill, plaintiffs appeal.

Bill by Frank J. Burkhard against Michael O’Brien to quiet title to land. Defendant filed a cross-bill asking affirmative relief. From a decree for plaintiff, defendant appeals.

Assumpsit by Adah V. Greissing against the Oakland Motor Company for breach of a contract for the exchange of automobiles. Judgment for plaintiff. De-fendant brings error.

, presiding. Case by George Clark against the Detroit & Mackinac Railway Company for damages to plaintiff’s crops by flooding. Judgment for plaintiff. Defendant brings error.

Dina Ginsberg presented her claim for compensation against the Burroughs Adding Machine Company for the accidental death of her husband in defendant’s employ. From an order awarding compensation, defendant brings certiorari. Plaintiff’s husband, the decedent, was in the employ of the defendant on June 6, 1917.- He and others were unloading boxes of steel from box cars. The boxes of steel were about 1% feet square and from 6i/2 to 7 feet long.

Barbara Hanna presented her claim for compensation against the Michigan Steel Castings Company for the accidental death of her husband in defendant’s employ. From an order awarding compensation, defendant and the Michigan Workmen’s Compensation Mutual Insurance Company, insurer, bring certiorari.

<p>Error to Wayne; Williams, J., presiding.</p> <p>Case by Andrew Wald against the Packard Motor Car Company for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

<p>Mandamus by William L. Thiedemann to compel the Michigan State board of dental examiners to issue to him a license to practice dentistry in this State.</p>

<p>1. Criminal Law — Prosecution—Definition.</p> <p>A prosecution is generally understood to be a criminal action; a proceeding instituted and carried on by due course of law before a competent tribunal for tbe purpose of determining tbe guilt or innocence of tbe person charged with some crime or offense.</p> <p>2. Same — Statutes—Construction.</p> <p>Criminal statutes cannot be extended to cases not included within the clear and obvious import of their language, and if there is doubt as to whether the act charged is embraced in the prohibition, that doubt is to be resolved in favor of the defendant.</p> <p>3. Same — Wife Desertion — Offense.</p> <p>Where no proceeding or prosecution for bastardy had been had against defendant prior to his marriage with complaining witness, his subsequent desertion of her was not a violation of Act No. 310, Pub. Acts 1913 (section 7794, 2 Comp. Laws 1915), mating it an offense to desert a wife married for the purpose of escaping prosecution.</p>

, presiding. Bill by the First National Bank of Bay City against John C. Vanden Brooks and others to quiet title to land. Defendant Vanden Brooks filed a cross-bill claiming title by adverse possession and prescription. From a decree for plaintiff, defendant Vanden Brooks appeals.

Garnishment proceedings by the Drueke-Lynch Company against William Corson, principal, and the Michigan Bonding & Surety Company, garnishee defendant. From an order setting aside the proceedings for want of service, plaintiff brings certiorari.

Bill by Ira Van Auker and others against Robert Q. Toan and others for the cancellation of certain deeds on the ground of fraud. From a decree dismissing the bill, plaintiffs appeal.

, presiding. Case by Richard E. Oxford against Charles A. Berry and others for false imprisonment. Judgment for defendants on a directed verdict. Plaintiff brings error.

Case by Claude Britton, an infant, by Ms next friend, against the Michigan Railway Company for personal injuries. Judgment for defendant on a directed verdict. Plaintiff brings error.

<p>Error to Wayne; Dingeman, J.</p> <p>Case by Andrew Garaszewski against Otto A. Wurm for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Assumpsit by Harry Diamant against John S. Chestnut, sheriff of Genesee county, for the amount of a certified check given as a pledge. Judgment for defendant. Plaintiff brings error.

, presiding. Bill by William M. Sanford and another against Louis F. Bertrau and another to quiet title to certain real estate. From a decree dismissing the bill, plaintiffs appeal.

Bill by John Jay Gard against Margaret C. Gard to annul a marriage on the ground of fraud. Defendant filed a cross-bill for a divorce. From a decree for plaintiff, defendant appeals.

, presiding. Bill by Boleslaw Marussa and another against Frank Temerowski and others for the specific performance of a land contract. From a decree for plaintiffs, defendants appeal.

Case by Katie Czarniski, an infant, by her next friend, against the Security Storage & Transfer Company for personal injuries. Judgment for plaintiff. Defendant brings error. Defendant owns and operates moving vans in the city of Grand Rapids. One Jankowski, who lived at 348 Indiana avenue, employed it to do his moving. Mike Czarniski lived at 346 Indiana avenue. Plaintiff is his daughter aged about five years. The distance between the two houses is about eight feet.

Bill by Emma Birchard and others against the board of health of the city of Lansing and another to enjoin the maintenance of a hospital for contagious diseases. From a decree dismissing the bill, plaintiffs appeal.

Bill by the Young & Chaffee Furniture Company against Chaffee Brothers Furniture Company and others to restrain the use of a trade-name. From a decree dismissing the bill, plaintiff appeals.

, presiding. Assumpsit in justice’s court by Julia Danielski against John Lukomski and another, copartners as Lukomski Brothers, for breach of a contract for the installation of a heating plant. There was judgment for defendants and plaintiff appealed to the circuit court. Judgment for plaintiff. Defendants bring error.

Assumpsit by William K. Noble against John Pirson for breach of a contract for the purchase of certain hoops and staves. Judgment for defendant. Plaintiff brings error. After some preliminary correspondence, on June 11, 1913, plaintiff wrote defendant, a dealer in cooperage stock, quoting prices and offering to sell him certain stock.

Bill by the Ideal Furnace Company against the International Molders’ Union of North America, Andrew Murray and others for an injunction. Andrew Murray was adjudged guilty of contempt of court and fined $10 which was paid and an appeal perfected from said order.

Case by Harry M. Gardiner, administrator of the estate of Bernice Gardiner, deceased, against the Studebaker Corporation for the alleged negligent killing of plaintiff’s decedent. Judgment for defendant on a directed verdict. Plaintiff brings error.

Garnishment proceedings by the W. H. Warner Coal Company against Charles Nelson, principal, and the Ludington State Bank, garnishee. Judgment for plaintiff on default. Defendant bank brings error. On February 18, 1915, plaintiff commenced suit against Charles Nelson in the circuit court for the county of Mason by summons. On the same day it filed a proper affidavit and a writ of garnishment was issued against Ludington State Bank as garnishee defendant.

Mandamus by William A. Harrington, to compel Nelson Sharpe, circuit judge of Otsego county, to set aside an order of appointment to the office of prosecuting attorney for said county. Mr. Harrington was duly elected to the office of, and qualified as, prosecuting attorney of Otsego county for the two years’ term beginning January 1, 1917.

John Meyer was convicted of larceny and sentenced to imprisonment for not less than 2% years nor more than 5 years in the State prison at Jackson.

<p>Error to Genesee; Stevens, J.</p> <p>Ejectment by Elizabeth J. Schweitzer against Andrew Bird and another. Judgment for plaintiff. Defendants bring error.</p>

<p>Error to Kent; Brown, J.</p> <p>Assumpsit by Andrew J. Gilbert against Albert Stickley for breach of a contract of employment. Judgment for plaintiff. Defendant brings error.</p>

<p>1. Master and Servant — Common Carrier Railroad — Street Railways — Federal Employers’ Liability Act.</p> <p>A street railway company engaged in transporting passengers from one State into another is a “common carrier hy railroad” within the meaning of the Federal employers’ liability act. 35 U. S. Stat. 65.</p> <p>2. Same — Commerce—Interstate Commerce.</p> <p>A motorman on a street car whose run was wholly within the limits of one State, but who, when his run was completed, turned his car over to another crew who took it across the line into another State, was engaged in interstate commerce within the meaning of the Federal employers' liability act, since the car upon which he was employed was an instrumentality engaged in interstate commerce.</p> <p>3. Same — Personal Injuries — Federal Act — Defenses — Contributory Nesmsence.</p> <p>Where a servant’s action for personal injuries was submitted on the erroneous theory that the Federal employers’ liability act did not apply, and defendant was thereby deprived of the defense of plaintiff’s contributory negligence, which, under the facts, was a question for the. jury, reversible error was committed.</p> <p>4. Same — Workmen’s Compensation Act — Settlement.</p> <p>An agreement for compensation to an injured servant was. not binding upon him where the master had not elected, to come under the workmen’s compensation act.</p> <p>5. Same — Release—Return of Money — Bar to Action.</p> <p>Plaintiff’s failure to return certain payments received was-not a bar to an action for personal injuries, as a matter of law, where he claimed he did not understand they were paid in settlement of defendant’s disputed liability.</p>

, presiding. Assumpsit by Sam Kane and another against the Detroit Life Insurance Company on certain policies of insurance. Judgment for plaintiffs on a directed verdict. Defendant brings error.

<p>1. Criminal Law — Trial—Instructions—Silence of Defendant —Receiving Stolen Goods.</p> <p>In a prosecution for receiving stolen property, testimony by the chief of police that when defendant was brought in witness told him he was in wrong, and asked if he wanted “to tell us about this,” when he responded, “I don’t want to say anything about it until I see an attorney,” held, not to warrant submission of his silence as evidence of guilt.</p> <p>2. Witnesses — Cross-Examination—Direct Examination.</p> <p>In a prosecution for receiving stolen property, where the person from whom defendant had bought the goods testified, for the purpose of showing guilty knowledge, that defendant was present when he sold some ham and bacon, which had been stolen, to third parties, who were after-wards prosecuted, it was not error to exclude testimony, on cross-examination, that said parties were acquitted on charge of receiving stolen blankets, witness having admitted, on cross-examination, that he stole the blankets. but tbe subject of tbe blankets was not gone into on either direct or redirect examination by the prosecuting attorney.</p> <p>See notes in 25 L. R. A. (N. S.) 542; 42 L. R. A. (N. S.) 889.</p>

, presiding. Bill by Fred Suffrouw and others against Joseph Brewer and others to enjoin the diversion of water from plaintiffs’ farms. From a decree for plaintiffs, defendants appeal.

<p>Error to Genesee; Brennan, J.</p> <p>Case by Ida E. Rowe against Martha E. Myers for slander. Judgment for plaintiff. Defendant brings error.</p>

Bill by Marl S. White against Frederick N. Wad-hams and the Hastings City Bank for an accounting. The State Savings Bank of Ann Arbor intervened, claiming to be a bona fide holder of a negotiable instrument. From a decree for plaintiff, intervening defendant appeals.

Case by Jill Ommen, administrator of the estate of Ludwig Ommen, deceased, against the Grand Trunk Western Railway Company for the negligent killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.

Bill by Agnes E. Tipson against Joseph O. Jeannot for the specific performance of a postnuptial agreement. From a decree for plaintiff, defendant appeals.

<p>Exceptions, Bill of — New Trial — Extension of Time — Jurisdiction — Discretion.</p> <p>Where the trial court lacked jurisdiction, under section 12634, 3 Comp. Laws 1915, to further extend time in which to settle a hill of exceptions or move for new trial, his denial of same on the exercise of his-best judgment and judicial discretion will not be interfered with by this court.</p>

Case by Orilia Barger, an infant, by her next friend, against Edward W. Bissell for personal injuries. Judgment for defendant non obstante veredicto. Plaintiff brings error.

<p>Mandamus by Daniel F. Manshaem to compel William B. Brown, circuit judge of Kent county, to grant an extension of time to settle a bill of exceptions.</p>

Frances May presented her claim for compensation against Charles Hoertz & Son and others for the accidental death of her husband in defendants’ employ: On petition of claimant against Thompson & Temple for an adjustment of attorneys’ fees in said matter. From an order determining the amount due, defendants bring certiorari.

<p>Mandamus by James Hamilton to compel Coleman C. Vaughan, secretary of State, to submit a proposed amendment to the Constitution.</p>

, presiding. Petition by the Triangle Land Company against the city of Detroit and another for a writ of assistance. From a decree for defendants, plaintiff appeals.

Bill by John F. Dodge and another against the Ford Motor Company and others to compel the declaration of dividends and for an injunction. From the decree rendered, defendants appeal. The Ford Motor Company is a corporation organized and existing under Act No. 232 of the Public Acts oí 1903 (2 Comp.

, presiding. Bill by Michael J. Murphy against the Big Eapids Water Power Company to compel defendant to lower the height of a dam. From a decree for plaintiff, defendant appeals.

Clair; Law, J. Judgment creditor’s bill by the First National Bank of Yale, Michigan, against Andrew J. Harnden and others. From a decree dismissing the bill, plaintiff appeals.

<p>1. Witnesses — Evidence—Criminal Law — Privilege—Testifying Against Self — Constitutional Law.</p> <p>Testimony by a witness in a divorce case in response to a subpoena, without being advised of his constitutional rights, was not admissible in a prosecution against him for adultery without his consent, being in violation of his right to exemption from testifying against himself under the 5th Amendment to the Constitution of the United States, and article 2, § 16, Constitution of Michigan. Ostrander and Stone, JJ., dissenting.</p> <p>2. Criminal Law — Evidence—Confession—Motion to Strike.</p> <p>Where no objection was made to the sheriff testifying to an alleged confession of defendant in a criminal prosecution, made in response to questions by the prosecuting attorney in presence of the sheriff, the denial of a motion, made the next day, to strike out the testimony, was not reversible error.</p> <p>3. Same — Evidence—Letters and Papers — Identification.</p> <p>Letters and papers found in a room occupied by defendant should not have been offered in evidence until properly identified.</p> <p>4. Same — Conduct of Counsel — Trial—Witnesses.</p> <p>The conduct of the prosecuting attorney, in a prosecution for adultery, in indorsing upon the information the name of the woman who had been complained against with the defendant, and calling her as a witness against him, thus forcing her to claim her constitutional privilege, while showing great zeal, did not amount to reversible error.</p> <p>See note in 4 L. R A. [N. S.] 1144.</p>

Bill by Evelyn R. Hull and another against Marie Hull and another to enjoin the disposal of the proceeds of certain policies of insurance, and for an accounting. From a decree dismissing the bill, plaintiffs appeal.

Case by Fred E. Hill against Ralph Haynes and another for personal injuries. Judgment for defendants on a directed verdict. Plaintiff brings error.

Mandamus by the Detroit United Railway to compel Harry J. Dingeman, circuit judge of Wayne county, to dissolve an injunction, and for a writ of prohibition to prevent further consideration of the case.

Mandamus by Augusta O. Hall, administratrix of the estate of De Vere Hall, deceased, to compel William H. Dickinson, supervisor of AuSable township, to spread an assessment for the amount of a judgment. From an order granting the writ, defendant brings certiorari.

August Marxhausen was bound over to the circuit court for an alleged violation of the liquor law. The information was quashed in the circuit court and the liquor seized ordered returned. To review this judgment, under Act No. 159, Pub. Acts 1917, the people bring error.

Assumpsit by Jay F. French and another, copartners as J. F. French & Co., against the Pere Marquette Railway Company for breach of a contract of carriage. Judgment for plaintiffs. Defendant brings error.

Case by Edna R. Patterson, administratrix of the estate of George F. Patterson, deceased, against Abraham H. Wagner for the negligent killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.

<p>Error to Saginaw; Kendrick, J.</p> <p>Assumpsit by Joseph. A. Bishop against the Brotherhood of Locomotive Firemen & Enginemen for the amount of a benefit certificate. Judgment for plaintiff. Defendant brings error.</p>

Assumpsit by M. Thomas Ward against the township of Alpine for the conversion of certain steel. Judgment for defendant. Plaintiff brings error.

<p>1. Trial — Directed Verdict — Instructions—Bills and Notes— Fraud — Bona Fides — Holder in Due Course.</p> <p>Plaintiff, in an action on certain promissory notes, was not prejudiced by the court’s submitting to the jury whether the contract was procured by fraud and if so whether plaintiff was a bona fide holder, where he should have instructed them that the contract was contrary to public policy and void as between the original parties and plaintiff must fail unless he established his bona fides.</p> <p>2. Appeal and Error — Directed Verdict.</p> <p>The evidence, together with its legitimate inferences most favorable to the other party, must be accepted on a motion to direot a verdict.</p> <p>3. Bills and Notes — Bona Fides — Holder in Due Course — Question por Jury.</p> <p>Evidence that plaintiff, a bank officer, received collateral for collection, and, when collected, credited the proceeds to an account called the “collateral account,” and, if not collected, turned it over to an attorney employed by the original holder for collection, considered together with his knowledge of the contract to which the notes were originally attached and. made a part, etc., presented a question for the jury as to whether plaintiff was a bona fide holder.</p> <p>See note in 31 L. R. A. (N. S.) 287.</p>

Condemnation proceedings by the city of Detroit against Edward E. Hartwick and others for an alley. From an order confirming an award of the jury, defendants appeal.

<p>Divorce — Extreme Cruelty — Personal Violence.</p> <p>On a bill by the wife for divorce on tbe ground of extreme cruelty, where tbe finding of tbe court below that defendant was guilty of personal violence is supported by tbe evidence, tbe decree for plaintiff will be affirmed, although tbe evidence also shows that both parties were somewhat responsible for the situation in which they found themselves.</p>

Replevin by George J. Pearson against Henry M. Wallace and another for the possession of certain livestock. Judgment for plaintiff. Defendant Wallace brings error.

, presiding. Summary proceedings by Jesse G. Lowe against Ed. A. Radecke for the possession of leased premises. There was judgment for defendant before the commissioner, and plaintiff appealed to the circuit court. Judgment for defendant. Plaintiff brings error.

<p>1. Carriers — Street Railways — Personal Injuries — Negligence.</p> <p>In the case of street car companies having regular stations at which the cars are in the habit of stopping for persons to get on and off, the same rule applies as in the case of railroad trains, and a passenger, while not absolved from the duty of exercising care for his safety, has the right to assume that tracks intervening between the place where he alights and the station will be kept safe while he is crossing, and the mere fact that he fails to look and listen before attempting to cross such tracks does not, as a matter of law, constitute contributory negligence.</p> <p>2. Same — Trial—Instructions.</p> <p>Where plaintiff was struck and injured by defendant’s eastbound street car when she attempted to cross the south track to reach its station, maintained in the middle of the block, after alighting from a west-bound car, the court below was in error in his instructions to the jury in limiting the question of defendant’s negligence to whether proper warning signals of the approach of the car had been given.</p> <p>See notes in 13 L. R. A. (N. S.) 620; 15 L. R. A. (N. S.) 254; 23 L. R. A. (N. S.) 1224; 27 L. R. A. (N. S.) 128; 31 L. R. A. (N. S.) 338.</p>

Assumpsit by James L. Lovering against the Duplex Power Car Company for commissions on the sale of certain stock. Judgment for plaintiff. Defendant brings error.

Bill by the city of Adrian against the Citizens Light & Power Company to restrain the raising of service rates, and for an accounting. From a decree dismissing the bill, plaintiff appeals.

Bill by the Michigan Lumber Yard against Olney A. Slater, Henry C. Fuller and others to foreclose a mechanic’s lien. Defendant Slater filed a cross-bill to foreclose, a mortgage. Defendant Fuller and others filed a cross-bill to set aside certain deeds. From the decree rendered, defendant Slater appeals.

Bill by Ellen M. George against Russell T. Dobson and others to enjoin a trespass upon land. From a decree for defendants, plaintiff appeals.

Assumpsit by Carroll S. Jones, administrator with the will annexed of the estate of Kinyon Bly, deceased, against Joel J. Nash and another for a balance due on a contract. Judgment for plaintiff for less than amount claimed. He brings error.

<p>Error to Wayne; Murphy, J.</p> <p>Case by Nellie H. Harris against Albert E. Bernstein for personal injuries. Judgment for defendant on a directed verdict. Plaintiff brings error.</p>

<p>Exceptions before judgment from Oakland; Rockwell, J.</p> <p>Walter Szynkarek was convicted of violating Act No. 161, Pub. Acts 1917.</p>

, presiding. Assumpsit by Isabell Fessler against the Detroit. Taxicab & Transfer Company for the value of a trunk and contents. Judgment for plaintiff. Defendant brings error.

<p>Intoxicating Liquors — Search and Seizure — Illegal Possession —Statutes.</p> <p>Under authority of People v. Marxhausen, ante, 559, the conviction of defendant, under the “Damon Act,” of having illegal possession of intoxicating liquors, should be reversed, said act having been repealed by the “Wiley Act.”</p>