MENDELSOHN v. SMITH,
MESSICAR, ERSKINE v.

Certiorari: Attachment: Replevin.

MIDDLETON 0. FLAT RIVER BOOMING CO. owners: Water-power: Demurrer: law.-Corporation: Authorized acts:

Injunction bill: Mill

Parties.-Remedy at
Vested rights.--Float-

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:
Vested rights.-Moneys paid for liquors: Right of recovery. 171
PFEFFER 0. STEINER. Partnership property: Trespass: Declara-
tion: Surviving partner.

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-
Evidence.-General issue: Possessory

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:
Contract.-Furnishing enlisted men.-Assignment.-Charge to

the jury.

SAGINAW VALLEY & ST. LOUIS R. R. Co., CARLISLE v.
SAUNDERS, MANLEY v.

520

3

Saunders v. TIOGA MANUFACTURING Co. Justice of the peace:
Judgment: Docket entry.-Taxing costs: Judicial action.-
Damages: Costs: Relation.-Jurisdiction: Presumption.
SCHOOL INSPECTORS, ETC., FRACTIONAL SCHOOL DIST., ETC., v.
SHEAHAN v. BARRY. Breach of promise to marry: Damages:
Seduction.-Incontinence.-Charge to the jury: Physical symp-
toms: Question of fact.—Marriage.—Sympathy.-Jury: Special
questions.—Statute construed: Charging juries: Stenographer.—
Credibility of witnesses: Judge's opinion.

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.
Charge to the jury.

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:
Imprisonment of females: Statute construed.-Repeal: State

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:
Conversion: Charge to the jury.-Evidence:
mand.-Offer to deliver: Presumption.
TIOGA MANUfacturing Co., SAUNDERS v.
TOMLIN . FISHER.

TREAT v. BATES. Riparian rights: Drainage: Natural flow.—
Riparian owner: Dam: Equitable relief.-Experts: Theories:
Facts.-Homestead: Nuisance.-Abatement.

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.
Highways: Notice: Service: Commissioners: Jurisdiction.-

VAN BAALEN . DEAN. Replevin: Possession : Title in third
person: Trespassers.-Strangers: Outstanding title.-Evidence.-
Question of fact.
VERPLANK v. HALL. Description of premises: Initial point:
Fractional quarter.—Equity pleading and practice : Bills to
quiet title: Possession: Proofs.

WALRATH, TRUSTEES FIRST ORTHODOX CONGREGATIONAL
CHURCH, ETC. v.

WHITELY V. COMMON COUNCIL OF LANSING.

ing: Orders: Specific fund:

Contract: Grad

New assessment: Charter of

Lansing: Mandamus.—Estimates: Legislative power: Vested
rights: Evidence.-Practice in supreme court.

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.