CIRCUIT COURT RULE 96.

Amended April 23, 1889.

RULE 96.-"If any sheriff or coroner shall fail or neglect. to return any process to him directed and delivered, on or before the return-day therein specified, any party interested in procuring a return may cause a rule to be entered in the book of common rules, requiring such officer to return process within twenty days after service of notice of such rule; and if such process be not returned within the time specified in such rule, on filing with the clerk an affidavit of the service of such notice, and of the delivery of such process to such officer to be served, the default of such officer in not making such return may be entered, and thereupon an attachment may be issued of course against such sheriff or coroner to compel such return."

[iv]

STATE JUDICIAL DIRECTORY

For 1889.

SUPREME COURT.*

THOMAS R. SHERWOOD (CHIEF JUSTICE),

[TERM EXPIRES DECEMBER 31, 1889.]

KALAMAZOO.

*For composition of Court during period covered by Vol. 65, see Vol. 6o, page iii.

22.

MUNICIPAL JUDGES.

RECORDER'S Court of Detroit,

SUPERIOR Court of Grand RAPIDS,

* For names of judges presiding during time covered by Vol. 65 see Vol. 60,

Taxes-Payment of under verbal protest, to release property from seizure, involuntary-Treasurer's warrant no authority for collecting taxes assessed on real estate by seizure of property of person against whom assessment is not made, and who is not the owner of the lands assessed-Who had no occasion to appear before town board in relation to such assessment-Nor to deliver to treasurer protest provided for by section 42, tax law of 1882, which does not apply to such a case-Payment to county treasurer of State and county taxes thus collected, before suit brought for recovery of money paid, not material to the issue-Township stands in no more favorable position than if payment had been enforced without roll or warrant-Parol proof competent in such a suit to show plaintiff's non-ownership of lands on which taxes were assessed-Circuit judge not

479

PAGE

Babcock v. Beaver Creek Township.—Continued.

required to respond to every special request for findings of law and fact-Test is whether refusal prejudices party proposing same.

BAILES, WHittle v.,

BAKER V. THE CITY OF BIG RAPIDS,

Personal property tax assessed under Law of 1885-Paid under protest prior to January 1, 1886-Without demand or threatened or actual levy-Is a voluntary payment-And money paid cannot be recovered back. BARNES V. MICHIGAN AIR LINE RAILWAY,

Condemning land for railway-Land-owner should lay before jury all the consequences of the appropriation of the land in the manner in which the company propose to use itJury should award full compensation for such use-New condemnation not required by subsequent action of company, unless so repugnant to or varying from purpose originally contemplated as to amount to a change of user. BAUMIER V. ANTIAU,

Landlord and tenant-Trespass-Forcible ejection from
premises-Joint participation by husband and wife-Evi-
dence of temper and disposition of defendant-Measure of
damages-Settlement of differences - Consideration-
Rights of counsel employed.

Fraud a question of fact unless transaction intrinsically incapable of a legal and honest effect-Assignment for benefit of creditors by vendee of goods afterwards attached by creditors of his vendor-Will not abate replevin suit brought by vendee for goods prior to assignmentAssignee takes property replevied-Objections to remarks of counsel in summing up case to jury-Not available in Supreme Court unless attention of trial judge directed thereto.

Owner of land subject to right of flowage for water-power purposes-Has right to harvest ice forming over flowed

640

76

251

31

643

479

667

341