HOWD V. BRECKENRIDGE.

Estates of deceased persons-Bill by administrator to re-
cover property conveyed by the decedent in fraud of
creditors-If the defendant is fully protected, it can
make no difference to him that the administrator pur-
chased the claims proved against the estate before his
appointment-Rule that a distinct right of action for
fraud is not assignable has no application where the
right to enforce an assignable claim depends upon show-
ing fraud incidentally.

HUGHES, PEOPLE V.

PAGE

65

543

I.

IN RE EDWARD REINHEIMER.

Criminal law-Discharge on habeas corpus, for defects
in the commitment, of a respondent committed by a
justice of the peace for failure to furnish sureties to
keep the peace-Respondent may be lawfully imprisoned
under a second commitment in due form, issued on the
same order.

IN RE ESTATE OF LAMBIE

IN RE ESTATE OF PULLING..

619

49

375

Dower-Widow is entitled to in the interest of her husband at the time of his death in land sold on contract before coverture, which interest is represented by the unpaid portion of the purchase price-Should be admeasured by giving her a sum of money in lieu thereof. INTERNATIONAL FAIR & EXPOSITION ASSOCIATION V. WALKER. 159 Corporations-Case ruled in the main by decision reported in 88 Mich. 62.

IONIA, ETC., INSURANCE Co. v. OTTO..

Mutual fire insurance companies-Liability for assessments
-Former decision, reported in 96 Mich. 558, affirmed.

IRON RANGE & HURON BAY RAILROAD Co., Dawson V...............
IRON RANGE & HURON BAY RAILROAD Co., HIRSCHMANN V...

522

33

...

384

J.

JOHN HANCOCK MUTUAL LIFE INSURANCE Co. v. JUDGE OF

PROBATE

Estates of deceased persons-Contingent claim-Allowance of will not be compelled by mandamus. JOHNSON, ASPINWALL MANUFACTURING Co. v..

JOHNSON V. FLYNN.....

Exchange of property-Rescission on the ground of fraud
-Tender of money received on the exchange, without
an offer to return the property received by the tenderer,
does not place the other party in statu quo.

JUDGE OF PROBATE, JOHN HANCOCK MUTUAL LIFE INSURANCE
Co. V...

JUDGE OF PROBATE, PULLING V..

K.

PAGE

613

531

581

613

605

KARSTE, FINCH V..

KEATING V. MICHIGAN CENTRAL RAILROAD Co.....
Negligence case-Railroad company not liable for injuries
consequent upon following the advice of a servant which
is outside of his employment, and not connected with
the business in which he is at the time engaged.

KEEFER, PEOPLE V...

KENNEDY V. PINGREE.

KENT CIRCUIT JUDGE, BARNES V..

20

154

15

188

212

KENT CIRCUIT JUDGE, COACH V.

563

KENT CIRCUIT JUDGE, GILDERSLEEVE V..

606

KENT CIRCUIT JUDGE, GYPSUM, PLASTER, AND STUCCo Co. v... 631

Partnership-Lease signed by one partner in firm name—

PAGE

Koch v. Endriss-Continued.

If its execution is denied under oath by the other part-
ner, the burden is on the party claiming under the lease
to show authority thus to execute it-Unsuccessful at-
tempt by objecting partner to settle and cancel the
lease by the payment of a portion of the rent is no
evidence of ratification.

KUHN V. TOWNSHIP OF WALKER.

Highways-Duty of township to erect railings or barriers along a highway which passes over an embankment depends somewhat upon the width of the traveled way -One who, from choice, drives a strange horse within two or three feet of the edge of an artificial embankment, which is not protected by a railing, instead of keeping nearer the center of the traveled way, which is 40 feet wide at that point, is guilty of negligence.

L.

LA DUKE V. TOWNSHIP OF EXETER...

Highways-Negligence of township in failing to keep a bridge in repair is the proximate cause of the injuries received by the owner of a horse by its struggles in attempting to extricate itself from a hole in the bridge into which it has stepped-Proximity of residence on the part of the highway commissioner is evidence tending to charge the township with notice of the dangerous condition of the bridge-Pleading-Declaration held sufficient to allow a recovery for permanent injury to the horse, as well as for the value of its services while disabled, and for injury to plaintiff's arm and shoulder.

LAKE SHORE & MICHIGAN SOUTHERN RAILWAY CO., SCHAIBLE

306

450

LANGLEY V. HARMON

Public improvements -Bids for construction-Misrepre-
sentation of members of board of public works.

LEBOT, MORAN V.....

318

347

472

LEE V. ENOS..

Will-Held not to vest in devisees an estate subject to
execution and sale to satisfy their debts-Executors,
who are charged with the trust of seeing that the con-
ditions of the will are performed, can maintain a bill
to set aside a sale, if made.

LEITELT, DOYLE V...

LELAND V. TOWNSHIP OF BLAIR...

Writ of error-Will not be dismissed for failure to print
and serve record under Supreme Court Rule No. 59,
where neither party has ever noticed the case for
hearing.

LENAWEE CIRCUIT JUDGE, GIBSON V...

PAGE

276

298

612

620

LENDBERG V. BROTHERTON IRON MINING CO...................

443

Negligence case-Contributory negligence-Deceased held
to have come to his death by reason of.

459

LILLIBRIDGE V. WALSH..

Exemptions-3 How. Stat. § 7716, subjecting certain exempt
property to sale on an execution issued on a judgment
for the purchase price, construed-Vendee's right of alien-
ation is not affected until the statutory notice is filed—
Vendor may follow the property into the hands of a
fraudulent transferee, and subject it to the satisfaction
of his judgment-Judgment need not recite that the
recovery is for purchase money-That question may be
litigated whenever it arises, as between the parties or
their privies.

LINDSAY, MCINERNEY V..

LIVINGSTON CIRCUIT JUDGE, GORTON V.

LOOMIS, ANGELL V...

LOOMIS, ARMSTRONG V.

LORANGER V. NAVARRE.

Mandamus-Where the public interests require an immediate disposition of the case, and forbid the delay inci

238

561

5

577

615

Loranger v. Navarre-Continued.

dent to an application to the circuit court, an order to
show cause will be granted.

LOVE V. ST. CLAIR CIRCUIT JUDGE..

Mandamus-Will not lie to vacate an order adjudging a

party guilty of contempt.

LYONS, BELLIS V..

LYTLE, CHIVERS V.

M.

PAGE

625

398

477

Life insurance-Lapse of policy-Authority of agent

Waiver.

MASON, BURT V..

MAY, ATTORNEY GENERAL V....

127

568

MCEACHERAN V. WESTERN TRANSPORTATION & COAL CO...... 479

Corporations-False representations by stockholders as to financial condition of corporation, made to induce the purchase of stock-Letter to purchaser from one of the officers, negativing representations, held notice to him of their falsity-Delay for 17 years in bringing suit to recover the moneys paid held inexcusable, in view of plaintiff's opportunity and right to examine the corporate books, etc.

MCGOVERN, QUINN V..

114

MCINERNEY V. LINDSAY..

238

Payment of note-Not shown by the evidence in this case.

MCMILLAN, THOMAS V...

49

METROPOLITAN LIFE INSURANCE CO., MALLORY V....

416

97 MICH.-C.