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REPORT OF CASES

DETERMINED IN THE

SUPREME COURT OF MICHIGAN,

FROM

APRIL 10, 1873, TO JULY 25, 1873.

HOYT POST, STATE REPORTER.

VOLUME V.,
BEING VOLUME XXVII. OF THE SERIES.

HARVARD LAW LIBRARY

LANSING:
W. 8. GEORGE & co., STATE PRINTERS AND BINDERS.

1874.

. 6. CRONOES co, se

emitent and minden

Entered according to Act of Congress in the year 1874, by

DANIEL STRIKER, Secretary of State of the State of Michigan, in the office of the Librarian of

Congress at Washington,

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ISAAC P. CHRISTIANCY, Chief Justice.
BENJAMIN F. GRAVES, )
THOMAS M. COOLEY, ÇAssociate Justices.
JAMES V. CAMPBELL, )
BYRON D. BALL, Attorney General.

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AMENDMENT OF SUPREME COURT RULE No. 57.

ORDERED JANUARY 6, 1874, TO READ AS FOLLOW8 : RULE 57. The evening of the second Thursday in each term is designated for the examination of applicants for admission to the bar, and no examinations will occur at other times. Every applicant will apply by petition, addressed to the court, and verified by his oath, and stating tbat he is of the age of twenty-one years and a resident citizen of this state. The certificate of at least one reputable member of the bar, or other reputable person known to the court, and satisfactorily certifying to the good moral character of the applicant, must be annexed to the petition; and these papers are required to be filed with the clerk at some time in the term not later than the opening of the afternoon session on examination day. On admission the applicant will take the usual oath of office, sign the roll of attorneys kept by the clerk, and pay to that officer the fee of two dollars, and thereupon a certificate in testimony of such examination and admission will, upon demand thereof, be prepared in due form by the clerk and issued under the seal of the court and the hand of the chief justice or presiding justice.

Any person who shall have been duly licensed as an attorney and counselor at law and solicitor and counselor in chancery, by any circuit court in this state, may, on application to the clerk, and the exhibition of such license, under the seal of the circuit court which granted it, be permitted to sign his name on the roll of attorneys in this court.

ADDITIONAL SUPREME COURT RULE.

ADOPTED JULY 22, 1874, AS FOLLOWS: RULE 58. Statements of all motions which are not calendar cases must be left with the clerk at some time before the day they are intended to be brought on. Every such statement must contain the title of the motion, the nature or grounds of it in brief form, and the name of the moving counsel, and also of the opposing counsel, if known. The clerk will enter such statements on a motion docket, to be by him provided for the purpose, and in the order in which they are delivered to him, and will, on the opening of the court on motion day, present the docket to the court. Motions within this rule will be called from the motion docket for argument in their order; and no motions, except such as are calendar cases, will be entertained, unless brought forward as provided by this rule.

TABLE OF CASES
REPORTED IN THIS VOLUME.

PAGE. ALBION, ESLOW 0. . .

. . . . . . 4 ALTMAN, GIDDEY 0. .

. . . . . 206 AMERICAN INSURANCE Co. o, GILBERT. Insurance : Policy: Ap

plication: Materiality to the risk.-Over-valuation: Warranty.-
Valuation : Responsibility of insured for statements of value.-
Eridence: Charge to the jury.--Notice.-Statement of value :
Intent.- Omissions. . . .

. . . . . . 429 ANN ARBOR SAVINGS BANK, POLAEMUS O. . . . . . 44 AUDITOR GENERAL, SUPERVISORS OF MIDLAND COUNTY 0. . . 165 BARNARD O. JENNISON. Mortgages : Deeds by way of security :

Rents and profits : Agents. . . . . . . .. 230 BARNUM O. STONE. Money had and received : Evidence : Conver

sion : Remedy. Practice in supreme court.- Declaration : Ad

ministrators. . . . . . . . . . . 338 BARRY, SHEAHAN 0. . . . . . . . . . 217 BARTOW, STRICKLAND 0. . . . . . . . . . 68 BATES, TREAT 0. . . . . . . . . . . 390 BELLER 0. STANGE, Builder : Contract: Possession. . . . 312 BENNETT O. LIBHART. Identity of person : Family name : Initials: Presumption.- Evidence, .

. . . . 489 BENNETT 0. ROBINSON. Possession of land : Complaint : Surplus

age.-Possession : Presumption : Notice.-Deed: Right of pos-
session : Contract to reconvey: Holding over : Tenancy by
sufferance. - Adverse tilles : Evidence.- Privity. - Tenancy :

Notice, . . . . . . . . . . .
BLACK 0. WARD. Promissory notes : Payable in Canada "in

Canada currency.Ignorance of the lar. . . . 191 BLAIR, COMPTON 0.

. . . BOARD OF EDUCATION OF DETROIT, Riggs o.

262 BOHN, EAST SAGINAW CITY RAILWAY Co. v. . . . . 503 BOWMAN, McCURDY O. . . . . . . . . . 214 BREWER, PEOPLE v. . . . . . . . . . 134.

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