PAGE Angell v. Loomis-Continued. is to be made having left the State, and being informed ANTRIM CIRCUIT JUDGE, CHANDLER V.. ARMSTRONG V. LOOMIS... Estates of deceased persons-How. Stat. chap. 229, provides ASPINWALL MANUFACTURING CO. V. JOHNSON... Contract-Appointing an agent for the sale of machines, ATLANTIC DYNAMITE Co. v. ANDREWS.. Mining corporations-Stockholders are liable for assess- ATTORNEY GENERAL V. DETROIT & SALINE PLANK-ROAD CO... Quo warranto-Pleading-A replication to a plea in quo 621 577 531 466 589 568 PAGE Attorney General v. May-Continued. is sufficient-Demurrers-If interposed in good faith, and 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- BELLIS V. LYONS. Estates of deceased persons-Possession by proper custo- 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 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 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- 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 624 554 |