BRIG "CITY OF ERIE " v. CANFIELD. Water-craft: Statute construed Admiralty jurisdiction.—Boom: Navigable waters: Nuisance: Floatage of logs: Public use of stream.—Impediment to navigation: Question of fact.-Riparian rights: Admiralty jurisdiction.

BROADWELL, CHADWICK V.

BUCK v. FIRST NATIONAL BANK OF Paw Paw. Promissory notes:
Consideration: Evidence: Admissions.—Defense:

PAGE.

479

Payment

293

of interest: Good faith: Presumption.-Public policy. CAMPAU v. TRAUB. Stipulation: Testimony: Cross-examination.Practice in supreme court: Error: Prejudice.-Rent: Receipts: Evidence: Relevancy.

215

CAMPBELL, MCKEE v.

497

CANFIELD, BRIG "CITY OF ERIE

v.

479

CARLISLE v. SAGINAW VALLEY & ST. LOUIS R. R. Co.

Rail

roads: Corporations: Subscription to stock: Statute construed:
By-laws: Estoppel.

315

CARNEY v. O'NEIL. Declaration: Money paid to use of defendant :
Special contract: Covenant against incumbrances.

495

CARTER 0. LEWIS. Mortgages: Foreclosure: Redemption: Subsequent mortgagee.-Register of deeds.

241

CARTER v. SNYDER. Practice in circuit courts: Set-off: Costs-
Bill of exceptions: Testimony: Presumption.
CHADWICK V. BROADWELL. Contract for manufacturing lumber :
Lien for saw-bill: Credit.-Lumber: Lien: Removal: In-
spection: Possession.-Logs: Bona fide purchaser.—Replevin :
Sawo-bill: Measure of damages.

484

6

486

445

CHAPPELL, PEOPLE v.

CLARK, MCCURDY v.

CLARK V. RAYMOND. Statute construed: Mechanic's liens: Jurisdiction: Pleadings: Petition: Answer: Admissions.-Dredging for a wharf.-Proceedings to enforce a mechanic's lien: Evidence.-Practice in supreme court: Costs.

COMMON COUNCIL OF LANSING, WHITELY v.
COMPTON V. BLAIR. Novation: Abandonment: New arrangement :
Promissory note: Consideration.-Practice in supreme court.—
Evidence.

COMSTOCK V. COMSTOCK. Homestead: Bill in equity: Married women.-Preventive remedy.-Husband and wife: Mortgages: Foreclosure: Redemption.

CRANE V. GRASSMAN. Declaration: Consideration: Evidence.Common counts: Landlord and tenant: Promise to pay for repairs.

DALTON . LAUDAHN. Lease: Stipulation for security: Mortgage.-Security clause in lease: Rent: Default: Pay-day.— Trover: Damages.

529

DARMSTAETTER . MOYNAHAN. Master and servant: Respondeat

superior: Contractor. DAYTON v. ROUNDS. Bounty bonds: Statute construed: Remedy:

Mandamus.

DEAN, VAN BAALEN v.

DENNIS 7. PEOPLE. Burglary: Entry: Transom window:

Breaking.
DETROIT & BIRMINGHAM PLANK ROAD Co. v. JUDGE OF WAYNE
CIRCUIT. Appeals from justice's courts: Bond: Affidavit :

Defects: Dismissal.—Principal: Sureties.-Dismissing appeals
from justice's courts for defects in bond and affidavit: Practice
in circuit courts.-Mandamus: Remedy.
DETROIT v. WHITTEMORE. City counselor: Official duties: Ser-
vices: Quantum meruit.-Attorney: Compensation: Salary.—
Employment Agency.-Appointment:
Previous arrange-
ment: Merger.-Evidence,

EAST SAGINAW CITY RAILWAY Co. v. BоHN. Street railways:
Vehicles: Passengers: Unsafe places.-Contributory negli
Children: Discretion.-Parents.-Riding upon front
platform.-Liability: Negligence.

PAGE.

188

82

104

151

303

281

gence:

ELDRED 7. RYERSON. Accounting: Use of premises, etc. Rental value.

526

FARNSWORTH, MCCABE v.

ELLSWORTH v. GRAND RAPIDS. Highways: User: Statute con-
strued: Dedication.-Platting lands.-Assessing taxes.
ERSKINE. MESSICAR. Statute of limitations construed.
ERWIN v. LAPHAM. Subscription: Nominal payee: Payment :
Discharge.

ESLOW . ALBION. Bill in equity: Hearing in open court.

Judge at chambers: Jurisdiction.

FARMER, McAuliffe v.

FAY, LENHEIM v.

FIELD, ROBERTS v.

250

84

311

4

76

52

70

337

FIFE, HANNAH v.

172

FINLAY, RAWSON v.

268

FIRST NATIONAL BANK OF Paw Paw, Buck v.

293

FISHER, TOMLIN v.

524

FISHER V. KYLE. Evidence: Attorney's

minutes.-Sunday:

Taking prisoner to jail: Hiring horse: Contracts.-Hired

horse: Driving in excess of the contract.

454

FLAT RIVER BOOMING CO., MIDDLETON v.

533

FOLSOM v. Teichner. Dissolution of attachment.—Statu

Statute con.

strued.

107

FOSTER. WILEY. Attorney and client: Liability: Trespass:
Execution: Implied authority.-Statute construed: Sheriff :
Constable: Process.-Officer: Appeal: Notice.
FRACTIONAL SCHOOL DIST., ETC. v. SCHOOL INSPECTORS, ETC.
Certiorari: School district: Corporate existence: Quo war-
ranto.

GIDDEY V. ALTMAN. Contract construed: Right of possession.-
Replevin: Title.

PAGE.

244

3

206

GIDDEY V. UHL. Chattel mortgage construed: Description of property.-Finding of facts: Chattel mortgages: Assignment: Presumption.

GILBERT, AMERICAN INSURANCE Co. v.

GIMBERT, WILLIS v.

GORMAN v. JUDGE OF NEWAYGO CIRCUIT. Declaration: Amendments: New cause of action: Statute of limitations.-Dif

94

429

91

ferent causes of action.-Special contract: Plea and notice. 138 GOULDEN, PETERS v.

GRAND RAPIDS, ELLSWORTH v.

Granger v. Judge of WaynE CIRCUIT. Staying proceedings in
another court.-Personal action: Proceeding in rem in admi-
ralty.-Common-law remedy:
suits for same cause of action.

Estoppel.-Practice:

Transitory action: Timber:

Trespasser.—Change of venue: Discretion.-Value: Opinion:
Different markets: Presumption.-Conversion: Damages.-
License: statute of frauds.—Charge to the jury.
GRIFFIN v. POTTER. Justice of the peace: Payment into court:

HANNAH . FIFE. Contracts: Public policy.-Letting contracts
for public work: Collusion: Competition: Combinations.—
Statutes construed.-Agreement to use influence to get illegal
contract with state confirmed.
HARRINGTON V. HILLIARD. Taxes: Real estate: Vendor:
Vendee.-Charges upon the owner: Statute construed.-Prac-
tice in supreme court.

HARRISON . SAGER. Justice of the peace: Judgment: Jurisdiction: Statute construed: Sunday-Construction of statutes adopted from those of other states.-Return construed: Presumption.

HART, STANTON v.

HERSEY. HURON SALT AND LUMBER MANUFACTURING Co.
Contract construed: Distribution of proceeds of sales.

172

271

476

539

490

HIGHWAY COMMISSIONERS OF VERNON, ETC., VAN AUKEN v.
HILLIARD, HARRINGTON v.

HOLMES, HOSLEY v.

HOSLEY 7. HOLMES. Foreclosure: Defense: Fraud: EvidenceDeed: Delivery: Escrow : Presumption.-Agreement construed.-Bona fide purchaser: Notice.

416

HOWARD . TOMLINSON. Judgment entry: Assessment of damages: Recital.-Circuit court rules: Time for making defaults absolute.

HUBBARD v. MILLER.

168

Contracts in restraint of trade: Presumption.-Consideration.-Contract construed.-Equity pleading and practice: Injunction: Parties.

15

490

230

HURON SALT AND LUMBER MANUFACTURING Co., HERSEY v.
JENNISON, Barnard v.
JOHNSON v. MCKEE. Assault and battery: Declaration : Dam-
ages.-Evidence: Statements of present feelings and sufferings:
Cross-examination: Discretion.-Subsequent desire to settle :
Malice: Matters ex post facto.-Damages: Injured feelings:
Mental anxiety: Provocation: Aggravated damages.—Charge
to the jury: Justification: Errors that do not prejudice.—
Contradictory witnesses: Charge to the jury.
JOHNSTON v. WHITTEMORE. Trover: Bailment: Wrongful
determination: Conversion: Transfer.-Replevin: Non-suit :
Payment of judgment for value: Voluntary purchase.-De-
claring void a special contract of sale: Possession.—Damages :
Interest in the property.-Stipulated damages.— Practice in
supreme court: Judgment: Costs.
JOSLIN v. MILLSPAUGH. Abatement:

Pendency of foreclosure

suit.- Mortgages: Statute construed: Double remedies: Dis

471

463

JUDGE OF Wayne Circuit, Long v.
JUDGE OF WAYNE CIRCUIT, SMITH v.
JUDGE OF Wayne Circuit, Turner v.
KEELER 7. ROBERTSON. Quo warranto: Office: Election: Tie:
Drawing lots.-Statute construed: Filling vacancies: Consti-
tutional law.-Certificate.-Practice in supreme court: Issues
sent down for trial.-Burden of proof: Title: Relator: Re-
spondent.-Verdict: Rules of construction.-Pleadings: Judge's
notes.-County canvass: Returns.-Ballots: Evidence.-Offi-
cial count.-Elections: Statute construed: Counting of bal-
lots.-Public announcement of result: Subsequent recount.-
Slips.-Contested elections: Evidence: Ballots.

517

170

138

303

406

164

87

5

116

KEMPSEY, MCGINNIS v.

KUSTERER, O'Brien v.

KYLE, FISHEr v.

LAPHAM, ERWIN v.

LAUDAHN, DAlton v.

LENHEIM . FAY. Promissory notes: Endorsement: Fraudulent
Statute of frauds.-Bona fide purchaser:

representations:

Notice.

LEONARD V. POPE. Married women: Slander: Sole action:
Marriage: Evidence.-Witness: Reputation: Veracity.-
Charge to the jury.-Repetitions: Damages,

PAGE.

363

289

454

311

529

70

145

241

489

Price: Measurement.-Quantity and quality: Presumption :
Condition precedent.-Lumber: Inspection: Transfer: Pre-
sumption.

LONG v. JUDGE OF WAYNE CIRCUIT. Declaration: Amendment:
Statute of limitations.

MATTER OF MARY EATON. Habeas corpus.
MCAULIFFE v. FARMER. Fraudulent sale: Third parties:
Creditors.-Trover: Garnishee proceedings: Res inter alios.
MCCABE v. FARNSWORTH. Practice in supreme court: Cross-
appeal.-Appeal in chancery: Parties.-Mortgages: Estop-
pel. Payment. Satisfaction: Revival: New agreement:
Abandonment. Extinguishment: Subsequent agreement.-
Equity pleading and practice: Evidence.

MCCURDY v. BOWMAN. Equity pleading and practice: Appeal
Notices: Service.

MCCURDY v. CLARK. Mortgages payable in instalments.—Fore-
closure by advertisement.-Practice in supreme court: Costs.
MCGILL, NOrthrup v.

MCGILL, SMITH v.

308

347

MCGINNIS v. KEMPSEY. Witness:
tion.-Wills: Mental capacity:
Evidence.-Charge to the jury:
mentary capacity.- Wills: Publication.

Quarrels with party: Discre-
Reputation of executor named:

Presumption of sanity.-Testa

363

Money paid to the use of a co-surety.—Request to become co-
surety.-Payment under legal process: Waiver.

497

MCSLOY v. RYAN. Landlord and tenant: Possession of land:
Notice: Service.-Evidence: Rent due:
ment.--Demand: Res adjudicata.-Amount of rent due:
Judgment: Statute construed.

Offset: Recoup

110