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E.

ELDER V. GARNER..

Criminal law-A respondent held for trial on a charge of
murder in the first degree may be admitted to bail by a
circuit court commissioner, unless the proof of his guilt
is evident or the presumption great-Mandamus to com-
pel a sheriff to bring a respondent so held for trial
before one of two commissioners, who, as the sheriff has
reason to believe, is disqualified to act in the premises,
is denied.

ENDRISS, KOCH V..

ENOS, LEE V..

ESTATE OF BAXTER, OWEN V.............

ESTATE OF BAXTER, WILKINSON V..

ESTATE OF PHILLIPS, DEVEREAUX V.

EVENING NEWS ASSOCIATION, RANDALL V..

PAGE

617

444

276

539

536

104

136

381

EWING V. AINGER..

Board of supervisors-Compensation of members-Decision
in 96 Mich. 587, affirmed.

F.

FELCHER V. WAYNE CIRCUIT JUDGE..

Summary proceedings to recover the possession of land-
Discretion of circuit judge in ordering appellant to file
an additional appeal-bond will not be interfered with
by mandamus.

FIFTH NATIONAL BANK, HIGH V..

FINCH V. KARSTE....

Banks and banking-Collection of draft-Negligence-
Pleading-Evidence-Practice in Supreme Court-Costs.

FISHEL V. GRAND TRAVERSE CIRCUIT JUDGE..

Consent order-Mandamus will not lie to vacate.

FLANDERS, VILLAGE OF STURGIS V..

633

502

20

609

546

FLYNN, JOHNSON V.

G.

PAGE 581

GAMBLE V. GATES.

Replevin-By assignee of vendor in timber contract for
logs cut by the vendee, which reverted to the vendor on
the failure of the vendee to remove them within the
time stipulated in the contract-Vendee cannot assert a
special property in the logs by way of lien for his labor,
nor can he attack the bona fides of the transfer.

465

GARDNER V. DETROIT, LANSING & NORTHERN RAILROAD Co... 240 Negligence case-Failure of plaintiff to look in the direction of an approaching train, by which he was injured, when within five feet of the track, and when, if he had looked, his view would have been unobstructed for a distance of 250 feet, is held to bar a recovery.

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620

GIBSON V. LENAWEE CIRCUIT JUDGE...........

Highways-Certiorari to review proceedings in laying out
a private road-Will not be quashed by mandamus.

GILDERSLEEVE V. KENT CIRCUIT JUDGE...

Justices' courts-Bond on appeal-Order staying proceed-
ings on circuit court judgment, made for the express
purpose of extending the liability of the surety, will be
vacated by mandamus.

ILLETT V. KNOWLES.

Sale By husband, of property belonging in whole or in part to his wife, with her assent-Action lies in name of husband to recover value of property-Jury should be instructed to apply the value of personal property, afterwards purchased of the defendant by the husband, upon his claim, the undisputed evidence showing his agreement to make such application.

606

77

GORTON V. LIVINGSTON CIRCUIT JUDGE..

Probate courts-Merriman v. Circuit Judge, 95 Mich. 277,
does not overrule Snyder v. Circuit Judge, 80 Mich. 511,
nor was it intended to hold in the former case that the
failure to perfect an appeal from probate court within
the 30 days limited by Act No. 174, Laws of 1887, might
not be waived.

GOUDREAU v. CITY OF ST. IGNACE..

Taxes-Ruled by Chamberlain v. City of St. Ignace, 92

Mich. 332.

GRAND RAPIDS GUARD V. BULKLEY..

Voluntary associations-Election of officers by board of
directors-If held before the terms of office of the
directors have commenced, and without giving notice
to all of them, the election is illegal.

GRAND TRAVERSE CIRCUIT JUDGE, FISHEL V...

PAGE

561

413

610

609

GRAND TRUNK ELEVATOR Co., DAVIDSON V..

456

GRAND TRUNK RAILWAY Co., VAN Dusan v..

439

GRATWICK, SMITH & FRYER LUMBER Co., GRIFFIN V......... 557 GRATWICK, SMITH & FRYER LUMBER Co. v. VILLAGE OF OSCODA......

221

Taxes-Village council may order the renewal of tax warrant on the day after the date to which it has been renewed, and within the week during which it is the duty of the marshal to make his return, he having the warrant in his hands when the order is made-Where council directed a renewal to November 7, and the president, by mistake, inserted October 7 in his order, the village may, in a suit to recover taxes paid under protest, show by the proceedings of the council the time to which the renewal was in fact made-A mill and the adjoining lumber, in the actual occupancy of a corporation, is properly assessed to it-Designation of corporation on assessment roll by the initial letters of its corporate name will not void the tax-Failure of assessor to require tax-payers to make sworn statements

Gratwick, Smith & Fryer Lumber Co. v. Village of Oscoda
-Continued.

of their taxable property held not available to plaintiff
as an objection to the validity of its tax.

GREENWICH INSURANCE Co., SPIES V...

GRIFFIN V. GRATWICK, SMITH & FRYER LUMBER CO......... Conversion of saw-logs by marking them-Plaintiff held entitled to have the case submitted to the jury upon that theory, it appearing that the minds of the parties never met so as to effect a sale of the logs to defendant.

PAGE

310

557

GYPSUM, PLASTER, AND STUCCO Co. v. KENT CIRCUIT JUDGE.. 631 Attachment-Shares of stock in which the debtor has only a beneficial interest are not subject to.

HANISH, UNION BANK V.

HANN V. NATIONAL UNION..

H.

Life insurance-Warranty by assured that, to the best of
his knowledge and belief, he is in good health when
application is made-To establish breach, the company
must show that the applicant knew or had good reason
to believe that the warranty was untrue-Term “ good
health" defined-Pleading-Failure to state true place
of residence in application-Not available as a defense
in a suit on the policy without notice.

HARMON, LANGLEY V....

HEAP V. HEAP MANUFACTURING CO.......

Corporations-How. Stat. § 8155, does not authorize the
filing of a bill in chancery by a stockholder to compel
the winding up of a manufacturing corporation.

404

513

347

147

HEAP MANUFACTURING Co., HEAP v..

147

HICKS V. BOARD OF AUDITORS OF WAYNE CO.....

611

Schools and school-districts-Compensation of assistant
visitor of schools must be determined by the commis-

PAGE

Hicks v. Board of Auditors of Wayne Co.-Continued.

sioner of schools before its payment will be compelled
by mandamus.

HIGH V. FIFTH NATIONAL BANK.....

Trust mortgage-Distribution of dividend received by the trustee under an assignment by the mortgagor for the benefit of creditors-Creditor who is secured by the mortgage for indebtedness due him from the mortgagor, and on account of the contingent liability of the mortgagor as indorser on notes held by such creditor, a portion of which have since been paid by the makers, is entitled on such distribution to a dividend based upon the full amount of each of his claims, not exceeding the amount due thereon, respectively.

HILL, AUDITOR GENERAL V.......

502

80

HIRSCHMANN V. IRON RANGE & HURON BAY RAILROAD Co... 384

Principal and agent-Scope of authority-Estoppel-Evidence.

HITCHCOCK V. WAYNE CIRCUIT JUDGE..

614

Mandamus-To vacate an order setting aside a judgment --Petition must show that an application has been made to the circuit judge for the relief asked.

HOLCOMB, WOLCOTT V...

HORTON V. SULLIVAN.

Surface water-Obstruction of flow-Case ruled by Gregory v. Bush, 64 Mich. 37, and Leidlein v. Meyer, 95 Id. 586. HOUGH V. COMSTOCK..

Assumpsit-For moneys voluntarily paid by a son to his
sister-in-law as contributions towards the support of his
mother-Promise to repay will not be implied-Defend-
ant may show the value of the mother's support in a
suit to recover the moneys, in which defendant claims
that plaintiff agreed to pay his share of the expense
incurred.

HOUGHTON CIRCUIT JUDGE, MOYLE V....

361

282

11

636

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