MENDELSOHN v. SMITH, Certiorari: Attachment: Replevin. MIDDLETON 0. FLAT RIVER BOOMING CO. owners: Water-power: Demurrer: law.-Corporation: Authorized acts: Injunction bill: Mill Parties.-Remedy at age: Navigation: Paramount rights.-Allegation of damage: PAGE. 2 84 533 15 517 NORTHRUP v. MCGILL. Contract construed: Partners: Sale: Security.-Shares: Presumption.—Trover: Mitigation. O'BRIEN . KUSTERER. Landlord and tenant: Fixtures: Realty: 234 Personalty.-Estoppel: Waiver. 289 O'NEIL, CARNEY v. 495 65 OVERPACK v. RUGGLES. Certiorari: Practice in circuit courts.— Justice's courts: Taxation of costs: Statute construed. PARDEE v. SMITH. False imprisonment: Certiorari: Objections : Practice in supreme court.-Capias: Civil suit: Irregularities: Jurisdiction: Waiver.--Statute construed: Criminal proceedings: Judgment.-Justice of the peace: Jurisdiction: Offenses.-Billiard tables: Gaming: Complaint: Warrant: Examination: Prosecuting attorney.— Collateral attack; Jurisdiction. PEOPLE . BREWER. Seduction: Evidence: Reputation.--Chas tity: Admissions.—Privilege of witnesses.-Charge to the jury.— Error cured.-Presumption. PEOPLE 7. CHAPPELL. Statute construed: Careless use of fire arms: Malice.--Felony: Misdemeanor.-Practice in criminal cases: Nolle prosequi. PERKINS v. PEOPLE. Forgery: Evidence: Collateral issue. Value: Offers: Hearsay.-Uttering.--Exceptions: in supreme court. PETERS v. GOULDEN. Prohibitory liquor law: Amendments: PLATT v. HANER. Patent: Parol evidence. PAGE. POLHEMUS. ANN ARBOR SAVINGS BANK. Practice in supreme court: Noticing for hearing.—Assignments of error.—Promissory notes: Consideration: Defense: Bona fide purchaser.— Pleadings: Execution: Genuineness: Affidavit.—Practice in circuit courts: Plea: Amendment.-Discretion: Practice questions. 44 145 320 166 349, 377 RAWSON V. FINLAY. Practice in circuit court: Pleadings: Ques- tions of title to land: right. RAYMOND, CLark v. RICHARDS v. TOZER. Practice in supreme court.—Trover 268 456 Deed: Reservation: Logs: Removal.-Errors that do not prejudice. 451 RIGGS v. BOARD OF EDUCATION OF DETROIT. City of Detroit: Original plan: Interior open spaces: Common council: Land board.- Legislative action: Action as land board.- Parks: Power to vacate: Public improvement.-Public library.-Plan of Detroit. ROBERT v. MORRIN. Guardian and ward: counts: Notice: Proceedings in probate court.-Fraud. ROBERTS v. FIELD. Bounty: Resolutions construed.-Evidence: the jury. SAGINAW VALLEY & ST. LOUIS R. R. Co., CARLISLE v. 520 3 Saunders v. TIOGA MANUFACTURING Co. Justice of the peace: 217 349, 377 212 SHOOK V. PROCTOR. Equity pleading and practice: Answer: Implied admissions: Burden of proof. SHORTRIDGE, Hadden v. SMITH, MENDELSOHN v. SMITH, PARDee v. PAGE. 2 33 ation: Writ: Form 87 SMITH v. JUDGE OF WAYNE CIRCUIT. Declaration: of action: Variance: Practice. SMITH V. MCGILL. Oxen: Contract: Evidence: Damages. SNYDER, CARTER v. STANGE, BELLER v. Stanton v. HART. Malicious prosecution: Arrest: Nolle prosequi: Acquittal.-Declaration: Variance.—Advice of counsel: Pettifoggers--Malice: Evidence. STEARNS v. TAYLOR. Attachment: Personal service.-Service on property: Foreign county.—Appearance: Waiver.-Practice in circuit courts: Dismissal. STEBBINS 7. JUDGE OF BARRY CIRCUIT. Equity pleading and practice: Hearing: Mandamus. STRICKLAND . BARTOW. Liquor law: Penalty: Civil action: 68 policy.-Circuit court commissioner: Holding to bail. SUPERVISORS OF MIDLAND COUNTY v. AUDITOR GENERAL. Auditor general: Taxes: Settlement with county: Certiorari. 165 TAYLOR, STEARNS v. 88 TEICHNER, FOLSOM v. 107 TEMPLETON v. PEOPLE. Criminal law: Examination: Defense: THOMAS . PORT HURON. Constitutional law: Railroad aid: THOMPSON v. MOESTA. Trover: Bailment: TREAT v. BATES. Riparian rights: Drainage: Natural flow.— 390 TRUSTEES FIRST ORTHODOX CONGREGATIONAL CHURCH, ETC. v. WALRATH. Building contract: Forfeiture: Stipulated damages. TUCKER v. TUCKER. Mortgages: Use of a horse and buggy. PAGE. 5 94 104 TURNER v. JUDGE OF WAYNE CIRCUIT. Statute construed: Su perior court of Detroit. UHL, GIDDEY v. VAN AUKEN v. HIGHWAY COMMISSIONERS OF VERNON, ETC. VAN BAALEN . DEAN. Replevin: Possession : Title in third WALRATH, TRUSTEES FIRST ORTHODOX CONGREGATIONAL WHITELY V. COMMON COUNCIL OF LANSING. ing: Orders: Specific fund: Contract: Grad New assessment: Charter of Lansing: Mandamus.—Estimates: Legislative power: Vested WHITTEMORE, Detroit v. WHITTEMORE, JOHNSTON v. WILEY, FOSTER v. 79 232 191 131 281 463 244 WILLIS v. GIMBERT. Appeal from justice's courts: Dismissal for want of prosecution: Rule construed.-Power to adopt rules.-Discretion.-Remedy: Writ of error. WILSON . EGGLESTON. Fraud: Misrepresentations: Buying up incumbrances.--Equity pleading and practice: Remedy: Specific performance.-Bill in equity: Dismissal: Decree modified. WOOD v. PARSONS. Comity: Foreign laws: Proceedings of for eign courts: Title. WOODS v. LOVE. Mortgages: Foreclosure: Parties.-Execution sale: Sheriff's certificate: Notice: Prior mortgagee. APRIL TERM, 1873, AT DETROIT. (CONTINUED FROM VOLUME XXVI.) Habeas corpus. In the matter of Mary Eaton. A writ of habeas corpus will not be granted to review a final judgment in an ordinary criminal cause, for errors which are properly reviewable by writ of error, and where that writ is an adequate remedy. Heard April 9. Decided April 10. . Application for habeas corpus. F. A. Baker, for petitioner. PER CURIAM. The prisoner is in confinement in the house of correction, under sentence for larceny from the person. Petition was presented for a writ of habeas corpus, to test the sufficiency of the information on which she was convicted. The court held that this would be to make the writ of habeas corpus take the place of a writ of error, which was not an allowable use of the process, and consequently they denied the prayer of the petition. |