PAGE

Angell v. Loomis-Continued.

is to be made having left the State, and being informed
that the goods are thus deposited, subject to his order,
is sufficient.

ANTRIM CIRCUIT JUDGE, CHANDLER V..

ARMSTRONG V. LOOMIS...

Estates of deceased persons-How. Stat. chap. 229, provides
the only methods by which claims against such estates,
and the expenses of administration, can be allowed and
collected-Purchasers of land from heirs before the
estate is closed take it subject to all such claims, and
the heirs are not liable to refund the moneys received
on such sales to satisfy such claims.

ASPINWALL MANUFACTURING CO. V. JOHNSON...

Contract-Appointing an agent for the sale of machines,
to be shipped to him on his order at stated prices, he
agreeing to pay for those ordered in a given time, and
to give his notes therefor, if requested-Held to be a
contract of purchase as to the machines ordered,
although it contained other undertakings relating to the
agency.

ATLANTIC DYNAMITE Co. v. ANDREWS..

Mining corporations-Stockholders are liable for assess-
ments on their stock made to pay the bona fide debts
and running expenses of the corporation-Such assess-
ments may be enforced by a personal judgment or
decree against the stockholder.

ATTORNEY GENERAL V. DETROIT & SALINE PLANK-ROAD CO...
Constitutional law-Act No. 421, Local Acts of 1893, which
undertakes to repeal defendant's charter, and provide
for winding up its affairs, is unconstitutional.
ATTORNEY GENERAL V. MAY.....

Quo warranto-Pleading-A replication to a plea in quo
warranto proceedings to test the title to an office, which
apprises the respondent of the matters upon which the
relator relies, and to which the evidence is to be directed,

621

577

531

466

589

568

PAGE

Attorney General v. May-Continued.

is sufficient-Demurrers-If interposed in good faith, and
not for the purpose of delay, the respondent is entitled,
upon their being overruled, to a reasonable time to plead.

AUDITOR GENERAL V. HILL....

Taxes-Record of equalization and apportionment of taxes -Failure of chairman of board of supervisors to sign during his term of office is a fatal defect in the tax proceedings.

80

B.

BACKUS V. CARLETON,

Mandamus-Illegal refusal of circuit judge to hear application for-Application should be made to Supreme Court for an order to compel him to do so.

BARNES V. KENT CIRCUIT JUDGE...

624

212

Equity practice-Rehearing may be granted in a proper case before enrollment, and after the time for taking an appeal has expired.

BATES, ROWLEY V.....

BEECHER V. DUFFIELD..

Landlord and tenant-Tenants who continue to occupy the leased premises, without offering to surrender them, after egress has been cut off on one side by the erection of a fence by the lessor across an adjoining street, are estopped from claiming an ouster-Use and occupation -Action for is maintainable on a lease under seal.

BEEM V. NEWAYGO CIRCUIT JUDGE.....

Attorney's fees-Statute fixes the fee for the trial of an issue of fact in an action of assumpsit at $10-Costs in cases appealed from justice's court-Discretion of court over is at an end, after awarding full costs to a defendant on the plaintiff and appellant's submitting to a nonsuit after the testimony has been taken and the arguments begun-Duty of clerk to tax the costs, including a trial fee, at the amount provided by statute-Power

406

423

491

PAGE

Beem v. Newaygo Circuit Judge-Continued.

of court on appeal from taxation is limited to a correc-
tion of the errors of the clerk, if any.

BELLIS V. LYONS.

Estates of deceased persons-Possession by proper custo-
dian, until an administrator is appointed, of unindorsed
promissory notes payable to the deceased, will not raise a
presumption of title in the custodian-Failure of custo-
dian to assert such ownership at the time she executed
a sworn petition for the appointment of a special ad-
ministrator, which stated that the notes belonged to
the estate, and her statement when the will of the de-
ceased was read, which gave her ample compensation
for her services as his housekeeper, that it was not
what she had expected, and the non-transfer to her of
the notes, are conclusive evidence against her claim of
ownership.

BERDAN, CRUMP V.

BERTRAND, BUTLER V....

BIGELOW V. CITY OF KALAMAZOO.

Negligence case-The construction of a cross-walk in accordance with the requirements of the locality, adopting the usual means, and those best adapted for the convenience of the public, cannot be said to be a negligent construction.

398

293

59

121

448

BOARD OF SUPERVISORS V. COWGILL..

Landlord and tenant-Deputy register of deeds does not become a tenant of the county by attending to his private business while in possession of the office furnished by the county for the register of deeds-Payment to the county, while ex-deputy, of rent for the like use of

Board of Supervisors v. Cowgill-Continued.

office, raises no presumption that the tenancy continued
after his reappointment.

BOCK, ROSSMAN V..

BRECKENRIDGE, HOWD v..

PAGE

430

65

182

BRENNAN V. MILLER....

Mechanic's lien-Equity will treat as insufficient a statement of claimant's demand which is largely excessiveSpeculative items cannot be included in claim.

BRENNAN V. ZEHNER.......

Deed-The fact that its execution is in line with a purpose previously entertained by the grantor, and that its effect is simply to carry out an existing agreement between the parties, goes far towards negativing alleged fraud on the part of the grantee in securing its execution.

BRESNAHAN V. NUGENT....

Interest-Action by administrator to recover the value of goods transferred by the decedent in fraud of creditors -Interest from the time of such transfer cannot be recovered-Excess in judgment arising from including such interest in the verdict-If excess is ascertainable by computation, it may be remitted, and the judgment, if otherwise legal, will be affirmed.

98

359

103

BURNETT V. BOARD OF SCHOOL INSPECTORS...

Schools and school-districts-Evidence of the consent of a majority of the trustees of a graded school-district must be before the board of school inspectors before they can alter the boundaries of the district-Such consent is not evidenced by a paper, signed by four of the trustees, consenting to such alteration, but failing to show corporate action on their part; nor by one signed by the

97 MICH.-B.

PAGE

Burnett v. Board of School Inspectors-Continued.

director, purporting to set forth the action taken at a
meeting of the trustees, whereby such consent was given,
but failing to show that it was given by a majority of
the trustees.

BURT V. MASON.

Mental competency-Children who permit a third person to purchase land of their father in the belief that he is mentally competent, and without any knowledge or information to the contrary, are estopped from asserting his incompetency in a suit brought by them as his heirs to set aside the deed on that ground-A proposed purchaser of land is under no obligation to inform the owner of the prospective construction of a railroad to a point near the land, or that he is making efforts to induce such construction.

BUTLER V. BERTRAND....

Summary proceedings to recover the possession of land-
Commissioner is not ousted of jurisdiction by a plea of
title-Question of title can be raised under plea of not
guilty-When it appears that this question is necessarily
involved, the proceedings should be dismissed-Pre-
sumption of tenancy arises upon proof of title in the
complainant, and of possession by the defendant.

BYRNE, PETTIBONE V..

BYRNE, STATE BANK OF MIDLAND V.

127

59

85

178

C.

CARLETON, BACKUS V.

CARNEY V. MOSHER.

Landlord and tenant-Sale by tenant, before forfeiture of
lease, of crop of wheat, which he has the right to reap
-His subsequent default will not defeat the title of the
vendee-Right to enter and reap a crop of wheat after
the expiration of a parol lease is an interest in land-
Parol lease for one year, with verbal agreement that

624

554