Volume 212 — Michigan Reports

(Orien S.), J. Petition by the Story & Clark Piano Company to vacate a street in the city of Grand Haven. The city appeared and opposed such petition. ■ From an order denying the petition, plaintiff brings certiorari;

), J. Assumpsit by the township of North Star against Douglas Cowdry for the amount of a subscription for the improvement of a highway. Judgment for plaintiff on a directed verdict. Defendant brings error.

), J. Bill by Charles Johnson against James, Burghom to restrain the trapping of muskrats and other fur-bearing animals. From the decree rendered, plaintiff appeals.

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

í Appeal from Ionia; Davis (Frank D. M.), J. Bill by Mildred Hines, an infant, by her next friend, against Alvin Hines and Grace Connelly for the specific performance of a contract. From a decree for plaintiff, defendant Connelly appeals.

), J., presiding'. Assumpsit by the Republic Motor Truck Company against The Buda Company for breach of a contract for the manufacture of certain motors. From an order denying a motion to dismiss for want of jurisdiction, defendant brings certiorari.

Bill by Peter Harnau against Louis P. Haight and others in the nature of'a judgment creditor’s bill. A decree was entered in the Supreme Court for plaintiff. On motion to set aside a sale of corporate stock in violation of said decree.

<p>1. Stipulations — Power of Court to Relieve Feom — Appeal and Error.</p> <p>Tlie court lias power to relieve a party from, a stipulation , upon a showing of sufficient cause; and. it is within the discretion of the court to set aside stipulations of attorneys relating to the conduct' of a pending cause where their enforcement would result in injury to one of the parties, and the other party would not be materially prejudiced by their being set aside.</p> <p>2. Same — Appeal and Errob — Dismissal—Relief from Stipulation.</p> <p>Upon sufficient' showing by affidavit by defendants’ attorneys of proper diligence, and that it was a physical impossibility to prepare the case for presentation to this court at the present term, although it had been, stipulated between counsel for the parties so to do, plaintiffs’ motion for an order placing it upon the docket of this court for the present term or dismissing defendants’ appeal is denied but with permission to renew motion to dismiss if the case is .not seasonably placed in condition for hearing at the nest term of this court.</p>

<p>Habeas corpus proceedings by Charles Smith to obtain his release from imprisonment in the State prison at Jackson.</p>

<p>1. Street Railways — Negligence—Personal Injuries — Question eor Jury.</p> <p>In an action against a street railway company for personal injuries, where defendant had placed its cars in the street in such a way as to cut off plaintiff’s view to the west, and he was struck and injured by one of defendant’s east-bound cars while he was driving his automobile across the tracks to the south between two of the standing cars, there being testimony that no gong was sounded, and that the car was being driven at an excessive rate of speed, the questions of defendant’s negligence and plaintiff’s contributory negligence were properly for the jury.</p> <p>2. Sake — Negligence—Contributory Negligence.</p> <p>The bare fact that defendant’s motorman in a standing car was in a position where he might have seen the car coming from the west and did not notify plaintiff of its approach was not, as an unqualified proposition of law, negligence on the part of defendant in not so doing, although it might be competent for the jury to consider in connection with other evidence in the case, particularly in relation to the question of plaintiff’s contributory negligence.</p> <p>S. Same — Crossing Street — Contributory Negligence.</p> <p>The question of plaintiff’s contributory negligence in passing close to or far from the standing car was one of fact for the jury, and it was error for the trial judge to instruct them that plaintiff would not be guilty of contributory negligence if in crossing the street he went to the right and around the center of the intersection, though it brought him within 4 or 5 feet of the standing car.</p> <p>4. Same — Prejudicial Error — Excessive Verdict — New Trial.</p> <p>"Where prejudicial errors are materially reflected in the verdict, the judgment will be reversed and new trial granted.</p> <p>On contributory negligence of driver of automobile at railroad crossing, see note in 46 L. R. A. (N. S.) 702.</p>

), J. Assumpsit in justice’s court by Ira G. Humphrey against the Detroit, Monroe & Toledo Short Line Railway, for the statutory penalty for collecting an excessive fare. There was. judgment for plaintiff, and defendant appealed to the circuit court. Judgment for plaintiff on a directed verdict. Defendant brings error.

), J. Bill by John Harvey Kellogg and others against the Kellogg Toasted Corn Flake Company and others to enjoin the use of a trade-name, and for an accounting. Defendants filed a cross-bill claiming affirmative relief. From a decree dismissing the bill and granting in part the prayer of the cross-bill, plaintiffs appeal.

M.), J. Bill by Thad B. Preston against MacCrone & Company and A. W. Wallace, Wesley J. Peoples and Lawrence P. Leonard, copartners as A. W. Wallace & Company, to set aside an alleged fraudulent sale of corporate stock, and to enjoin an action at law. Defendant MacCrone & Company filed a cross-bill asking affirmative relief. From a decree for plaintiff, defendants appeal.

), J. Case by Kazmier Drobnicki, an infant, by his next friend, against the Packard Motor Car Company- for personal injuries. Judgment for defendant on a directed verdict. Plaintiff brings error.

<p>Exceptions before judgment from St. Clair; Tappan (Harvey), J.</p> <p>Chester E. Bricker was convicted of a violation of the liquor law.</p>

Case by Peter Darish, administrator of the estate of Mary Darish, deceased, against Ralph B. Scott and another for the alleged negligent killing of plaintiffs decedent. Judgment for defendants on a directed verdict. Plaintiff brings error.

Alex. Collins presented his claim for compensation against the Albert A. Albrecht Company for injuries received in defendant’s, employ. From an order awarding compensation, defendant and the General Fire & Life Assurance Corporation, Limited, insurer, bring certiorari.

Mary Lee Williams presented her claim for compensation against the Missouri Valley Bridge & Iron Company for the accidental death of her husband in defendant’s employ.' From an order awarding compensation, defendant and the Maryland Casualty Company, insurer, bring certiorari.

John Smith presented his claim for compensation against the I. Stephenson Company for injuries received in defendant’s employ. From an order denying a petition for the discontinuance of payments under an award, defendant and the Standard Accident Insurance Company, insurer, bring certiorari.

Arthur R. Kling presented his claim for compensation against the National Candy Company for injuries received in defendant’s employ. From an order denying a petition for a discontinuance of payments under an award, defendant and the iEtna Life Insurance Company, insurer, bring certiorari.

Nick Dochoff presented his claim for compensation against the Globe Construction Company and the General Accident, Fire & Life Assurance Corporation, Limited, insurer,' for injuries received in defendant’s employ. From an order denying compensation, plaintiff brings certiorari.

Claude E. Jones presented his claim for compensation against the St. Joseph Iron Works for injuries received in defendant’s employ. From an order setting aside an award of arbitration and granting a rehearing thereof, defendant and the Michigan Mutual Liability Company, insurer, bring certiorari. During the month of May, 1918, plaintiff claims to have sustained an accidental injury while in the employ of St. Joseph Iron Works.

Herbert Ward presented his claim for compensation against Heth Brothers for injuries received in defendant’s employ. From an order denying a petition for the discontinuance of payments under an award, defendant and the Ocean Accident & Guarantee Corporation, Limited, insurer, bring certiorari.

), J. Bill by Irvine & Meier, a corporation, against Harris Wienner and others to enforce a mechanics’ lien. From a decree dismissing the bill, plaintiff appeals.

<p>Error to Berrien; White (Charles- E.), J.</p> <p>Case by Arthur Fagin against the Benton IlarborSt. Joe Railway & Light Company for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

<p>Appeal from Wayne; Hosmer (George S.), J.</p> <p>Bill in aid of execution by James C. Ritter against Otto A. Seestedt and Lucile B. Seestedt. From a decree for plaintiff, defendant Lucile B. Seestedt appeals.</p>

), J. Bill by James S. Gillespie and another against Frank Lee and others to quiet title to land. From an order granting a motion by defendant Lee to dismiss the bill as to him, plaintiffs appeal.

), J. Summary proceedings by Antonio Faraci and others against Antonio Fassulo for the possession of leased premises. Judgment for plaintiffs. Defendant brings error.

), J. Bill by Lettie Nott against Martha Gundick for partition of certain real estate. Edward E. Hill was permitted to intervene and filed a cross-bill, claiming an interest in the property. From a decree for plaintiff, defendant and intervener appeal.

<p>1. Mandamus — When Lies.</p> <p>Mandamus will not lie when there is a remedy by appeal or writ of error; a showing that appeal is not available must be made to make out a right to mandamus.</p> <p>2. Same — Will Not Issue to Compel Injunction When Appeal Available.</p> <p>Where a cause had been submitted to the court on bill, answer, and proofs taken, and its decision had been rendered thereon, which needed but the signing of a decree dismissing the bill to effectuate a final disposition of the case, from which an appeal could have been taken in the regular way, hut instead of signing a decree an order denying an injunction was made without notice to defendants’ counsel, an order to show cause why said injunction should not issue, granted by this court, will he dismissed on motion of defendants’ counsel, as having been improvidently granted.</p> <p>3. Same — Rights of City of Detroit — Misconception of Law.</p> <p>The questions in the original proceeding involving the right of' the city of Detroit to construct a street railway and to bond for the payment of same, being of grave interest to the people of said city, should he reviewed in this court in the orderly way of appeal rather than by mandamus, and since it appears that the action of the court below in entering said order was based on a misconception of the law mandamus will he denied.</p>

S.), J. Bill by James Bignell against James A. Franks and another for the foreclosure of a land contract. From the decree rendered, all parties appeal.

<p>Error to Kent; Brown (William B.), J.</p> <p>Assumpsit by the Thomas Canning Company against Grafton Johnson for breach of a contract. Judgment for plaintiff. Defendant brings error.</p>

), J. Bill by Oscar Quisle against Wolf Brezner and others to enforce a mechanics’ lien. Defendant Brezner filed a cross-bill for an accounting. From a decree for plaintiff, defendant Brezner appeals.

), J. Assumpsit by Charles L. Randall and others, co-partners as C. L. Randall & Company, against the Detroit & Mackinac Railway Company for damages to certain potatoes in transit. Judgment for plaintiffs. Defendant brings error.

), J. Assumpsit in justice’s court by John BagaefE against Michael Prokopik on a promissory note. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for plaintiff on a directed verdict. Defendant brings error.

<p>1. Vendor and Purchaser — Land Contracts — Right of Vendee to Convey Interest in Property.</p> <p>The vendees in a land contract have an equitable interest in real estate, !and they have a right to contract to sell and convey the same, notwithstanding a provision in their contract that they cannot assign it without the consent of their vendor.</p> <p>2. Same — Specific Performance — Consent of Vendor.</p> <p>It was no defense, in a suit for specific performance of an agreement to enter into a land contract, that the owner of the fee, from whom defendants ’ were purchasing on a land contract, had refused to consent in writing to the assignment of the same to plaintiff, where it appeared that plaintiff, in accordance with the terms of the agreement he was seeking to enforce, was prepared to pay defendants more than the amount they were owing on their contract, and the owner testified that he was ready to convey the premises to defendants when the amount due him was paid; it thus appearing that it was within the power of defendants to perform.</p>

<p>1. Sales — Definition—What Constitutes a Sale.</p> <p>A sale is a parting with one’s interest in a thing for a valuable consideration.</p> <p>2. Frauds, Statute of — Brokers—Commissions—Exchange of Property — Sales.</p> <p>An exchange of property, where there was a fixed price for the property transferred by each party, was a sale of real estate within the meaning of the statute of frauds (3 Comp. Laws 1915, § 11981), requiring agreements to pay commission for or upon the sale of any interest in real . estate to be in writing.</p> <p>3. Same — Compliance With Statute.</p> <p>The mere recital, in a written agreement for the exchange of real estate, that commission agreement between defendant and plaintiff has been agreed upon, without disclosing what that agreement was, held, not a compliance with the provisions of the statute of frauds, so as to entitle plaintiff to recover in an action therefor.</p> <p>On power of legislature to require contracts for commissions for finding purchaser for real estate shall be in writing, see note in 33 L. R. A. (N. S.) 973.</p> <p>On power of legislature to prohibit offering another’s real estate for sale without written authority, see note in 12 L. R. A. (N. S.) 707.</p> <p>On necessity that authority of agent to purchase or sell real property be in writing to enable him to recover compensation for his services, see note in 44 L. R. A. 601; 9 L. R. A. (N. S.) 9S3.</p>

<p>.Error to Isabella; Hart (Ray), J.</p> <p>Case by Fred G. Stevens against Judson Black,,secretary of the State veterinary board, for the negligent killing of a stallion. Judgment for plaintiff on a directed verdict. Defendant brings error.</p>

<p>Error to Wayne; Hosmer (George S.), J.</p> <p>Assumpsit in justice’s court by Esther Gitson and another against the Yale Land Company for breach of a land contract. There was judgment for plaintiffs, and defendant appealed to the circuit court. Judgment for plaintiffs. Defendant brings error.</p>

), J. Bill by Charles B. Gildemeister against Richard Lindsay and others, composing the city election commission of the city of Detroit, to enjoin the certification of certain election returns. From a decree dismissing the bill, plaintiff appeals.

<p>Error to recorder’s court of Detroit; Heston (William M.), J.</p> <p>Joseph Kongeal was convicted of an assault with intent to commit the crime of statutory rape, and sentenced to imprisonment for not less than 5 nor more than 10 years in the State prison at Jackson.</p>

<p>Appeal from Ottawa; Cross (Orien S.), J.</p> <p>Bill by Lucy A. McKnight against Thomas J. McKnight and another to set aside a deed and contract, and for an accounting. From the decree rendered, . plaintiff appeals.</p>

<p>Error to Wayne; Mandell (Henry A.), J.</p> <p>Assumpsit by Robertson & Wilson Scale & Supply Company against Joseph Richman for goods sold and delivered. Judgment for plaintiff. Defendant brings error.</p>

), J. Fannie E, Doty, executrix, presented for probate the last will of Payson M. Doty, deceased. The will was allowed in the probate court, and Clara Doty Seeger appealed to the circuit court. Judgment for contestant. The First Methodist Episcopal Church of Ann Arbor, trustee under said will, brings error.

), J. Assumpsit by David Berlin against the Champion Spark Plug Company for the amount of a.bonus. Judgment for plaintiff on a directed verdict* Defendant brings error. .

Case-made from Saginaw; Snow (Ernest A.), J. Ella J. Lee presented for probate the last will of Edmund Hunter, deceased. The will was allowed in the probate court, and William Bouck appealed to the circuit court. Judgment for proponent. Contestant appeals.

), J. Bill by Charles Vyse and others against Mary A. Richards and another to enforce a trust, and for an accounting. From a decree for defendants, plaintiffs appeal.

<p>1. Physicians and Surgeons — Malpractice — Evidence — Expert Witnesses — Hearsay.</p> <p>In an action for malpractice, whereby plaintiff claimed to have suffered the loss of a leg, but which defendants claimed was caused by endarteritis obliterans, it was error for the trial court to permit a medical witness for defendants to testify as to the contents of a medical publication in regard to the prevalence of said disease without laying the proper foundation therefor, especially since the apparent purpose was to discredit the testimony of a medical witness for plaintiff.</p> <p>2. Same — Defenses—Neglect of Patients — Liability.</p> <p>That a doctor has taken on so many patients that he has to neglect some, held, not to excuse him from responsibility if harm results from such neglect.</p> <p>3. Trial — Jury to Draw Conclusions.</p> <p>It is for the jury, and not the witness, to draw conclusions from testimony. previously offered.</p> <p>On liability of physician as affected by other calls on his services, see note in L. R. A. 1916B, 625.</p>

<p>Exceptions before judgment from Muskegon; Vanderwerp (John), J.</p> <p>George S. Harvey was convicted of statutory rape.</p>

<p>Error to Kent; Perkins (Willis B.), J.</p> <p>Case by Mary E. Barnaby against Richard E. Vorauer for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Burget), J. Assumpsit in justice’s court by John E. Burge and others, copartners as Burge & Burge, against John A. Pickel for goods sold and delivered. There was judgment for defendant, and plaintiffs appealed to the circuit court. Judgment for defendant. Plaintiffs bring error.

<p>Appeal from Shiawassee; Collins (Joseph H.), J.</p> <p>Bill by Fayette E. Legg against Fred Bower to quiet title to land. From a decree for plaintiff, defendant appeals.</p>

Judgment creditors’ bill by the Olson Manufacturing Company and another against the Rex Motor Company, Charles H. Riopelle and others: On petition of the Detroit Steel Products. Company to intervene and have decree entered in this court for their benefit.

), J. Assumpsit by the Wabash Railway Company against Abraham J. Bloomgarden for certain freight and icing charges. Judgment for defendant on a directed verdict. Plaintiff brings error.

), J. Bill by Hilliard Knoth and another against A. Harvey’s Sons Manufacturing Company to set aside'a commissioner’s sale, and to enjoin the enforcement of a writ of assistance. From a decree dismissing the bill, plaintiffs appeal. On November 7, 1910, defendant in the case at bar secured a judgment against plaintiff Hilliard Knoth.

Case by Thomas J. Falahee against the city of Jackson and the Michigan Central Railroad Company for personal injuries. Judgment for defendants on a directed verdict. Plaintiff brings error.

Assumpsit in justice’s court by William T. Bowen against the Detroit United Railway for the conversion of certain coal. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for plaintiff on a directed verdict. Defendant brings error. On February 19, 1917, there arrived in Detroit over the Michigan Central railroad two car loads of coal consigned to the plaintiff.

), J., presiding. Bill by Veneranda M. Arix against Gustaf Arix for a divorce. Defendant filed a cross-bill for a divorce. From a decree for plaintiff, defendant appeals.

Petition by Ruby A. Edwards, executor of the estate of William H. Edwards, deceased, for the allowance of his final account as administrator of the estate of Florence B. Jeannot, deceased. From an order of distribution, excluding Joseph O. Jeannot, he appealed to the circuit court. Judgment for defendant. Plaintiffs bring error.

), J. Assumpsit in justice’s court by Maggie Meyers against William Gearey on the common counts. There was judgment for defendant, and plaintiff appealed to the circuit court. Judgment for defendant. Plaintiff brings error.

), J. William Adams was convicted of burglary and sentenced to imprisonment for not less than 15 nor more than 30 years in the State prison at Marquette.

<p>1. Execution — Statutes — Uncertainty — Common Daw Applicable.</p> <p>The common law on the subject of body executions obtains in this State except as modified or amplified by statute (3 Comp. Laws 1915, § 12816 et seq.), and where uncertainty as to the meaning of the statute exists recourse should be had to the common-law rule.</p> <p>2. Same — Failure to Charge on Alias Writ — Discharge—Supersedeas.</p> <p>Where plaintiff’s property and body executions on defendant had been returned unsatisfied, he at that time being at liberty on special bail, and thereafter upon his surrender - in discharge of his bail plaintiff failed to charge him in execution within 20 days, upon an alias writ, as she might have done under 3 Comp. Laws 1915, § 12839, and, on order to show cause why supersedeas directing his discharge should not be granted, offered no reason or excuse for her failure to do so, he was properly discharged.</p>

), J. Assumpsit by Jacob DeCroupet against Anna Frank for money had and received. Judgment for defendant on a directed verdict. Plaintiff brings error.

), J., presiding. Bill by Caroline Teske against William Teske and others to set aside a deed and for an accounting. From the decree rendered, plaintiff appeals. The bill in this case is filed to set aside a deed from plaintiff to her son, defendant William Teske, and for an accounting.

Barbro Vinunzo was convicted of murder in the first degree, and sentenced to life imprisonment in the State prison at Jackson.

Mandamus by Leroy Corliss and another to compel Edward J. Moinet, circuit judge of Clinton county, to vacate an order appointing a receiver. In this proceeding plaintiffs seek to compel defendant by mandamus to set aside an order appointing a receiver prior to final judgment.

), J. Stanislawa Lipsczinska was convicted of murder in the first degree and sentenced to imprisonment for life in the house of correction at Detroit.

Habeas corpus proceedings by Matilda Paulson Karrib against Hazel D. Bailey, superintendent of the Industrial Home for Girls, to obtain the custody of Inez Paulson and certiorari to review such proceedings before Clark E. Higbee, judge of the juvenile division of the probate court of Kent county.

<p>1. Negligence — Automobiles—Motor-Vehicle Law — Evidence — Sufficiency.</p> <p>In an action for personal injuries caused to plaintiff by being struck by defendant’s automobile while he was standing in the traveled portion of the public highway near the rear of a disabled truck, testimony that defendant was,, at the time of the accident, attempting to pass an automobile ahead of him on the right side, in violation of 1 Comp. Laws 1915, § 4815, held, sufficient to take the question to the jury as bearing on defendant’s negligence.</p> <p>2. Same — Contributory Negligence.</p> <p>It could not be said that plaintiff was guilty of contributory negligence, as a matter of law, because he stood in the ' traveled part of the highway, where, from the testimony, the inference might be drawn that he was there to warn other automobiles of the presence of the disabled truck which was without a tail light burning.</p> <p>3. Same — Common Enterprise — Imputed Negligence.</p> <p>Where plaintiff and the owner of the truck, at the time of the accident, were attempting to get home their winter’s supply of potatoes, they were engaged in a common enterprise, so that the negligence of the owner in not having the tail light burning was imputable to plaintiff.</p> <p>4. Same — Motor-Vehicle Law — Failure to Have Rear Light Burning — Contributory Negligence.</p> <p>The mere fact that said tail light was not burning would not render plaintiff guilty of such contributory negligence as would bar his right of recovery, unless it in some -way contributed to the accident which caused his injury.</p> <p>5. Same — Question for Jury.</p> <p>If the disabled "truck was standing under an arc light, as-claimed by plaintiff, but disputed by defendant, it could not be said, as a matter of law, that the absence of the tail light was a contributing cause of the injury, but the question should have been submitted to the jury.</p> <p>On effect of failure to show lights on liability for collision between automobiles or automobile and other vehicle at or near corner of streets or highways, see note in L. R. A. 1916A, 749.</p> <p>On reciprocal duty of operator of automobile to use care as to lights and signals, see notes in 38 L. R. A. (N. S.) 489; 51 L. R. A. (N. S.) 996.</p> <p>6. Same — Motor-Vehicle Law — Duty to Maintain Lights — Vehicle Standing on Public Highway.</p> <p>1 Comp. Laws 1915, § 4812, requiring every motor vehicle operated and driven upon the public highways to display front and rear lights, construed, and held, to apply to a disabled truck temporarily standing in the traveled portion of the highway and not under motion.</p>

), J., presiding. Bill by Mary S. Morrison and another against Saul H. Meister and another for the specific performance of a land contract. From a decree for plaintiffs, defendant Meister appeals.

Assumpsit by the Gladwin State Bank against' Herbert L. Dow on a promissory note. Judgment for plaintiff on a directed verdict. Defendant brings error. In February, 1906, defendant applied to the private banking firm of M. C. Scrafford & Company of Glad-win for a loan of $800.

), J. Case by Emilie C. Cornell against the city of Ypsilanti for personal injuries caused by a defective sidewalk. Judgment for plaintiff. Defendant brings error.

), J., presiding. Bill by Gladys Bland, individually and as special administratrix of the estate of Edward G. Bland, deceased, against Joseph Bland, Louise Bland and the Mutual Benefit Life Insurance Company to enforce an antenuptial agreement respecting certain policies of insurance. From a decree dismissing the bill, plaintiff appeals. Plaintiff is the widow of Edward G. Bland, deceased. The individual defendants are his parents.

), J. Bill by Edward W. Leser ágainst David T. Smith and others to set aside an exchange of real estate on the ground of fraud. From a decree for plaintiff, defendants appeal.

<p>1. Malicious Prosecution — Elements—Probable Cause.</p> <p>In an action for malicious prosecution, plaintiff must establish. the fact of the prosecution, that It terminated in his favor, that defendant had no probable cause, and that he acted from malicious motives.</p> <p>2. Same — Probable Cause — Statement oe Facts to Counsel.</p> <p>If the prosecuting witness in good faith fully and .fairly stated all the material facts within his knowledge to his own attorney or the prosecuting attorney and acted upon his or their advice, proof of the same establishes a case of probable cause, but if he did not fully and fairly state the facts he cannot protect himself by the advice given.</p> <p>On probable cause as question for court or jury where advice of counsel has been sought, see note in L. R. A. 1915D, 85.</p> <p>On acquittal or discharge by an examining magistrate as evidence of want of probable cause see notes in 64 L. R. A. 481; 3 L. R. A. (N. S.) 929.</p> <p>3. Same — Probable Cause.</p> <p>Where the facts are undisputed, want of probable cause is a question of law to be settled by the court.</p> <p>4. Trial — Directed Verdict.</p> <p>Upon a motion to direct a verdict the testimony most favorable to the other party must be accepted, together with the legitimate inferences to be drawn from it.</p> <p>■5. Malicious Prosecution — Probable Cause — Question for Jury.</p> <p>Where defendant’s testimony that he submitted all of the material facts to counsel upon whose advice he acted was disputed, the trial judge properly submitted the question of probable cause to the jury for determination.</p> <p>6. Same — Evidence—Admissibility—Appeal and Error.</p> <p>Where plaintiff had been prosecuted for embezzlement, the admission of evidence that he had left on deposit with defendant company two dollars weekly as “cash bond,” for which “bond slips” were issued, until the sum aggregated $150, its materiality not having been satisfactorily pointed out, nor its harmfulness made apparent, held, not prejudicial.</p> <p>7. Same — Principal and Agent.</p> <p>Evidence that these “bond slips” were turned in to defendant’s bookkeeper to apply on plaintiff’s account was properly received over defendant's objection that the bookkeeper was plaintiff’s agent, since the bookkeeper was in defendant’s employ and in charge of its books and office.</p>

Mandamus by the Michigan Trust Company, administrator of the estate of Roscoe C. Hoffman, deceased, to compel Orien S. Cross, circuit judge of Ottawa county, to vacate an order extending the time to comply with an order of the probate court.

), J. John C. Berridge was convicted of violating the local-option law, and sentenced to pay a fine of $500 and imprisonment for 65 days in the county jail.

<p>1. Appeal and Eeeob — Certioeabi—Cbiminal Law — Review.</p> <p>Review of a conviction of the crime of larceny should be had by writ of error rather than by certiorari.</p> <p>2. Same.</p> <p>Where a single question of law of considerable importance is presented, defendant is under sentence, and a writ of error could still issue as of course, the Supreme Court will treat the case as though before it on writ of error, although brought up on certiorari.</p> <p>On constitutionality of statute entitling women to serve as jurors, see note in L. R. A. 1918E, 773.</p> <p>3. Constitutional Law — Construction—Intent.</p> <p>The Constitution should be construed, if its language is appropriate, so that it will accomplish the purpose the people intended it to accomplish.</p> <p>4. Same — Women Qualified as Jurors.</p> <p>Article 3, § 1, of the Constitution, as amended, giving to women the right to vote, and placing them in the class of citizens and electors, from which class jurors were, under the statute (3 Comp. Laws 1915, § 12190), to be selected, entitles a woman elector to perform jury duty, if she is possessed of the same qualifications required of men for that duty; and the provisions of the Constitution (Art 2, § 19, and Art. 5, § 27) referring to jurors as “men” are to be construed to mean “jurors.”</p> <p>5. Same — Obiter Dictum.</p> <p>The language of this court in McRae v. Railroad Oo., 93 Mich, at page 405, referring to the constitutional right of trial by 12 “men,” held, obiter dictum, the question involved in the instant case not being then before the court.</p> <p>6. Jury — Qualifications of Jurors for Legislative Control.</p> <p>The qualifications of jurors are matters of legislative control, even though the qualifications laid down by the legislature differ from those at common law.</p> <p>7. Words and Phrases — “Men”—Definition.</p> <p>In law the word “men” frequently has a broader and more comprehensive meaning than usually given in the dictionaries, much depending upon the context and object sought to be obtained (1 Comp. Laws 1915, § 64), sometimes being construed to mean “all human beings, or any human being, whether male or female.”</p>

Mandamus by .William F. Klatt to compel Adolph F. Marschner, circuit judge of Wayne county, to vacate an order assigning the possession of certain property in replevin proceedings.

<p>Error to superior court of Grand Rapids; Dunham (Major L.), J.'</p> <p>Jad Merhige was convicted of robbery, and sentenced to imprisonment for life in the State prison at Jackson.</p>

), J. Sam N. Tantenella, alias William A. Carussa, was convicted of receiving stolen goods, and sentenced to imprisonment for not less than 1 nor more than 5 years in the Detroit house of correction.

<p>Error to Wayne; Webster (Clyde I.), J.</p> <p>Case by Carl Knopf against Paul A. Plerta for a false return on an alleged service of process. Judgment for plaintiff. Defendant brings error.</p>

), J. Case by Carl Knopf against Paul A. Herta and others for damages to household goods by reason of the negligent and careless manner in which they were removed from the premises under a writ of restitution. Judgment for plaintiff. Defendants bring error.

), J. Case by Albert A. Patterson against Andrew Hill for the alienation of the affections of plaintiff’s wife. Judgment for plaintiff. Defendant brings error.

), J., presiding. Bill by William Teagan and others against Henry C. Keywell to enjoin the violation of certain building restrictions. From a decree dismissing the bill, plaintiffs appeal.

), J. Bill by Morris Cooper against Fred D. Pierson and others for the specific performance of an option contract. From the decree rendered, plaintiff and defendant Fred D. Pierson appeal.

<p>Error to Clinton; Moinet (Edward J.) J.</p> <p>Ejectment by Ernest Millard and others against Lester A. Millard. Judgment for plaintiffs on a di- ■ rected verdict. Defendant brings error.</p>

Bill by Russel T. Dobson against Inez L. Dobson and others for the foreclosure of a mortgage. From a decree for plaintiff, defendant Inez L. Dobson appeals.

), J. Joseph Blazenzitz was convicted of murder in the first degree, and sentenced to imprisonment for life in the State prison at Jackson.

. Case-made from Wayne; Houghton (Samuel G.), J., presiding. The Detroit Trust Company, administrator of the. estate of Minnie Schultz, deceased, presented its final account and asked for an order of final distribution. There was an order determining Julia Grosshans to be the heir of said estate, and Alex. J. Groesbeck, attorney general, appealed to the circuit court. Judgment affirming the probate order. The attorney general appeals.

Habeas corpus, proceedings, by Esther Greenman against Robert L. Dixon, medical superintendent of the Michigan Farm Colony for Epileptics, to obtain the custody of Lura Greenman, and certiorari to review such proceedings before Clark E. Higbee, probate judge of Kent county.

Bill by Philip H. Lawson against John Bishop and others to quiet title to land. From a decree dismissing the bill, plaintiff appeals.

), J. Bill by Adele L. Klein, individually, and as executrix of the will of Frederick J. Klein, deceased, and others, against Lemuel A. Power and others to enjoin an alleged nuisance. From a decree dismissing the bill, plaintiffs appeal.