R.

RAGON V. TOLEDO, ANN ARBOR & NORTH MICHIGAN RAILWAY
Co......

Negligence case-Plaintiff is held to have been negligent
in venturing between a moving car and engine to un-
couple the same, without first looking under the car to
examine the character of the road-bed of the side track,
which was not ballasted the whole width, it having been
in that condition during his employment, and he hav-
ing passed the place of the injury frequently in the dis-
charge of his duties.

RANDALL V. EVENING NEWS ASSOCIATION..

Libel and slander-Reputed wealth of defendant corporation cannot be shown, nor is it liable for the malice of one of its stockholders, unless it is shown that he influenced the corporate act complained of-LegislationGiving entertainments by a member of the Legislature for the purpose of unduly influencing does not constitute bribery-Finding by jury that the member gave such entertainments for that purpose is a complete defense to a suit for libel for charging him with so doing -Specific acts of bribery committed by the plaintiff at political gatherings prior to his nomination and election cannot be shown by the defendant without notice-Reputation of Legislature, or of individual members, except plaintiff, for honesty and integrity, cannot be shown.

RANKANS V. OTTAWA CIRCUIT JUDGE...

Mandamus-Will lie to vacate a circuit court judgment in favor of a non-resident plaintiff, based upon the default of the defendant in not pleading, entered on the same day security for costs was filed under the order of the court.

PAGE

265

136

623

Real-estate brokers-Have no lien on money or papers

PAGE

Robinson v. Stewart-Continued.

placed in their hands to use in the purchase of land-
Replevin lies for a certificate of deposit indorsed and
delivered to a real-estate broker, to be returned to the
payee if not used as a deposit on such purchase, on his
failure to make it, and refusal to surrender the certifi-
cate.

ROBINSON V. TRUFANT..

Specific performance of land contract-Will be decreed
on payment of the amount due, where time has not
been treated as of the essence of the contract for several
years, during which the agreed payments were not
made.

ROSKOPP V. MACOMB CIRCUIT JUDGE...

Attachment-Appeal from order of dissolution-Notice of
trial may be served on the attorney of record for the
plaintiff in the attachment suit, who defended in the
dissolution proceedings, and stated in the affidavit for
appeal that he was one of the attorneys for the appel-
lant in that proceeding.

ROSSMAN V. BOCK...

Evidence-If monthly statements of goods sold and of
claimed balances are presented, and allowed to pass
unquestioned, satisfaction with the same will be implied
-Action for goods claimed to have been furnished to
a third person upon the defendant's agreement to pay
for the goods-Plaintiff may show that he never pre-
sented a bill to the third person, and did not hold him
responsible for the goods, as tending to take the case
out from the statute of frauds-Delivery of pass-book
to third person, bearing defendant's name, in which
the purchases were entered, may be shown-Bill of
particulars-Plaintiff may show his inability to furnish
the items of his demand, in which case relief will not
be denied because the bill furnished is not specific as
to items.

ROUSER V. NORTH PARK STREET RAILWAY CO.

410

628

430

565

Street railways-Ejection of passenger-Held, as matter

Rouser v. North Park Street Railway Co.-Continued.

of law, under the facts in this case, that the conductor
on defendant's road was bound to know that the frag-
ment presented by the plaintiff was a portion of a
genuine ticket used upon his line, which, if whole,
would have entitled plaintiff to a ride over said line.

ROWLEY V. BATES

Partnership-Chattel mortgage-Payment-Merger.

PAGE

406

SCHAIBLE V. LAKE SHORE & MICHIGAN SOUTHERN RAILWAY
Co.

Negligence case-Railroad company is not guilty of neg-
ligence per se in shunting or kicking cars along its
tracks in its yard, for the purpose of making up trains,
pursuant to a custom of long standing.

SCHLOSS V. SOLOMON.

Agency-Of husband when negotiating for the execution of a chattel mortgage by his wife-Question of its existence becomes immaterial, where the wife acts for herself, and with full information, at the time she ex-' ecutes the mortgage.

SCHMIDT, PELTON V.

SINNOCK V. WAYNE CIRCUIT JUDGE

318

526

231

475

Assessment of damages on default-Notice of may be for a day in term, but must be served 14 days before the time fixed for assessment.

SOLOMON, SCHLOSS V..

SPEED V. COMMON COUNCIL OF DETROIT....

Municipal corporations-Act No. 419, Local Acts of 1893,
vests in the mayor of Detroit the exclusive power to

526

198

PAGE

Speed v. Common Council of Detroit-Continued.

appoint a city counselor-Such appointment, when duly
made and filed, is beyond the power of the mayor to
recall-Appointee, upon filing official oath and upon the
approval of his bond, is entitled to the possession of the
office, from which he cannot be removed by the com-
mon council without notice and an opportunity to be
heard.

SPIES V. GREENWICH INSURANCE CO.....

Fire insurance-Warranty in policy on saw-mill to keep
a watchman employed "about the premises night and
day," held not to amount to a warranty to employ him
on the premises, or to keep him constantly in the mill,
night and day.

STATE BANK OF MIDLAND V. BYRNE..

Banks and banking-Custom making it the duty of a bank
to give to the acceptance of a draft by a depositor the
same effect as though he had paid it with his check,
and to pay the drawer-Will not relieve the depositor
from liability, although he had at the time of such ac-
ceptance, and a few days later, when the bank closed
its doors without making such payment, a balance to his
credit exceeding the amount of the draft.

310

178

STEWART, ROBINSON V..

454

SULLIVAN, HORTON V....

282

SUPERVISOR OF ROSCOMMON TOWNSHIP, WAYNE COUNTY SAV-
INGS BANK V...

630

T.

THIRD NATIONAL BANK, RICE V.

THOMAS, DUTTON V...

THOMAS V. MCMILLAN.

Will-Contest of probate on the ground of revocation by a later will, in which the contestant was named as devisee, and the existence of which is sought to be established by parol testimony-Admissions by sole devisee

414

93

49

PAGE

Thomas v. McMillan--Continued.

in earlier will of such revocation are admissible as
against his representatives, who seek to probate the
earlier will, and are sufficient, if believed, to establish
the fact of revocation, if the jury find that the revok-
ing will has been fraudulently suppressed or destroyed,
in which case it will be presumed to have been legally
drawn and executed-After testimony has been intro-
duced tending to show such revocation, testimony as
to the existence and contents of the revoking will may
be corroborated by the declarations of the testator,
tending to show a change of mind as to the disposition
of his property, and an actual alteration thereof-Con-
testant may testify to the statements of the testator as
to the execution of the revoking will, but not to those
of the devisee in the first will-Mental and physical
condition of devisee in first will for a period before his
death, during which he lived with his devisee, and had
possession, as claimed, of both wills, is admissible to
support the claim that the revoking will had been de-
stroyed by his devisee.

THOMAS V. WAYNE CIRCUIT JUDGES.

Mandamus-Will not lie to review an appealable order in a chancery suit-Judgment creditor's bill-Irregularity in appointment of receiver is no ground for defendant's objecting to an examination concerning his property and effects.

TILLOTSON V. SAGINAW CIRCUIT JUDGE...

Taxes-How. Stat. § 1167, which provides for the recovery of taxes, etc., in case a tax deed is held invalid for certain causes, construed-Includes holders of tax titles purchased of the State-Proceedings to recover taxes must be instituted on the equity side of the court, in which the amount of the lien must be ascertained and determined-Statute of limitations does not apply to such proceedings-Rights acquired under this section were not divested by the tax law of 1882.

TINKER V. BOARD OF PUBLIC WORKS.

Municipal corporations-Appointments to office, under a

608

585

616