INDEX.

[The light face figures indicate the paragraph referred to under the title mentioned, and the black face figures the paging of the case.]

ABANDONMENT

by delay, of proceedings in GARNISHMENT, 2,—1.

of execution sale, effect: EXECUTIONS, 19,-469. of purpose to extend ditch: DRAINS, 3,-568. ABATEMENT.

of mill-dam, denial of INJUNCTION, 1,-176. ABSENCE

of seal, effect: DEEDS, 6,-630.

proof of, for order of publication: MORTGAGE OF LANDS, 26,–348. ABUTTING OWNERS.

burden of repaving may be imposed on: HIGHWAYS, 3,—431. ACCEPTANCE

by probate judge, of reduced SALARY, 1,-479.

of order for merchandise: SALE, 1,-322.

ACCOMMODATION PAPER.

mining corporation cannot issue: CORPORATIONS, 2,-92.

paper given to be applied on a debt, is not: NEGOTIABLE INSTRUMENTS, 7,-92.

ACCOUNTING.

1. Where a party to an accounting appeals from the decree, claiming that there is an error against him in an amount which he has him. self previously reported as due to the other party, he has the burden of showing the error. University v. Rose, 284.

2. A bill for an accounting, brought by the Regents of the University of Michigan against the director of the chemical laboratory and his assistant whose duty it was to pay over to the director the money which he received, though both were responsible to complainant, charged them with a deficit in their accounts, and it was stipulated that each was to be held accountable for so much money as came into his own hands. The stipulation fixed, also, the amount of the entire deficit. Held, that proof that the assistant had received money would not alone establish liability against his superior, as it would not tend to show that the superior had received the money from the subordinate; and the burden of proving that he had received it was upon the complainant, and, as between the defendants, it was on the subordinate. Id.

3. On a bill for an accounting for a deficit the rules applicable to proof in civil cases must be observed, and the receipt of the money

645

by the defendant may be shown by any competent testimony fairly tending to prove it, either alone or in connection with other circumstances. Id.

4. Whether books carelessly kept by assistants who are not agents are admissible in evidence upon a bill for an accounting against their superior-Q.

Id.

Id.

5. In a suit for an accounting, defendant was charged with the receipt of money as shown by his signature upon the stubs in certain stub-books. He testified that the signature was not in his handwriting. Held, that this put the stubs in issue as would an affidavit denying the execution of an instrument sued on. 6. Where a defendant in a suit for an accounting denies the genuineness of part of the vouchers produced against him, but does not designate those which are spurious though he has an opportunity to do so, they must all be regarded as prima facie valid in the absence of other evidence that they are not so. Id.

7. Where a party to an accounting acquiesces in the disallowance of any of his claims and does not complain of it in the appellate court, it may be assumed that he is satisfied with the decree upon them and does not desire to have it reviewed. But the court will also assume that every claim made by the appellant is in issue, and will examine all the evidence for anything that will tend to show whether it ought to be allowed. Id.

8. A corporation organized under a void law cannot enforce a mortgage made to it; but if not organized for an unlawful purpose a receiver for it can demand in equity an accounting for the debt purporting to be secured thereby. Such accounting should be with interest after allowing all payments made upon the loan. Burton v. Schildbach, 504.

9. The Supreme Court may permit a bill of foreclosure, filed to enforce void securities, to be so amended, after the hearing, as to ask for an accounting for the debt. Id.

as to losses from trustee's negligence: TRUSTS, 1,—607.

of guardian: GUARDIAN AND WARD, 11, 12,-265.

ACCOUNT STATED.

1. An account stated cannot be based on an appraisal where it does not appear that both parties mutually agreed on the appraisers, or recognized them as authorized to bind them by their action. Chicago & Canada Southern Ry. Co. v. Peters, 636.

burden of impeaching it: BANKS AND BANKING, 6,-135. ACKNOWLEDGMENT

of wrong-doing, effort to obtain: CONFESSION, 1,-284. ACQUIESCENCE

in an account stated: BANKS AND BANKING, 6,-135. in decree on ACCOUNTING, 7,-284.

in forfeiture: LAND CONTRACTS, 1,-223.

in fraudulent assignment: DEBTOR AND CREDITOR, 13, in running drain: DRAINS, 5,-335.

estopping complaint of assessment: DRAINS, 4,-568. ACTION.

1. A statutory liability created in derogation of the common law cannot be enlarged by construction. Detroit v. Putnam, 263.

2. All public officers, even if not expressly authorized by statute, have a capacity to sue commensurate with their public trusts and duties. Berrien County Treasurer v. Bunbury, 79.

3. An ordinance requiring all persons to keep their sidewalks free from ice imposes a purely public duty, and persons injured by slipping on the ice cannot bring private actions against the owners of the premises. Taylor v. Lake Shore & Mich. S. R. R. Co., 74.

4. Breaches of public duty must be punished in some form of public prosecution, and not by way of individual recovery of damages; though when the duty imposed is for the protection and benefit of a particular individual or class, as well as for that of the public, there may be an individual right of action for individual injury, as well as a public prosecution. Id.

5. When a municipal charter empowers the common council to regulate the care of sidewalks for the public benefit, and prov.des that lot owners shall be liable to the city for all damages which the city may be compelled to pay for his default in neglecting to observe such regulations, no action against the lot owner can arise, if at all, until after the city has been held liable in a suit against it. Id. 6. A right of action either at law or in equity is not assignable if it does not, directly or indirectly, involve a right of property. Dayton v. Fargo, 153,

7. In Michigan, equity will not enforce an assignee's claim of a right to sue for a fraud to his assignor if that is the sole ground of the action. Id.

8. A right of action in trespass on the case for damages from deceit is not assignable. Id.

9. An action on the common counts for money had and received to the plaintiff's use from the estate of plaintiff's father, is supported by evidence that the father had assigned his property to another person in consideration that the latter should take care of his children; that the assignee had transferred the trust to defendant and paid him a certain sum of money for the children, defendant agreeing to pay each its proportion on becoming of age; and that he had not done so and plaintiff had brought suit for her share on learning the facts. Hosford v. Kanouse, 620.

for additional payment: REAL PROPERTY, 2,—46.
on bond to pay debts of PARTNERSHIP, 14,—25.
effect of rulings in equity: PRACTICE, 14,-1.
form of, for unpaid tax: TAXATION, 9,-125.

against stockholders for labor debts: CORPORATIONS, 1,—92.
proper officer to sue on BOND, 2,-79.

for maritime tort, jurisdiction of State COURTS, 1,—65.

of debt on appeal bond: JUSTICE OF THE PEACE, 5.-181.

for debt for which note was given: PARTNERSHIP, 13,-237.

for malicious prosecution, jurisdiction: JUSTICE, ETC., 1,-324. against finder of LOST PROPERTY, 3,-313.

assumpsit when cannot arise between HUSBAND AND WIFE, 2,-392. lies to recover back attorney fee: MORTGAGE OF LANDS, 28,-455. between townships for tax-moneys: TOWNSHIPS, 4,-442. for use and occupation: LANDLORD AND TENANT, 7,-383. for rent on appeal bond: LANDLORD AND TENANT, 10-12,-376. for rent, should be in lessors' names: LANDLORD, ETC., 8,-376. contract to furnish wife's services: HUSBAND AND WIFE, 1,—374. for obstructing ditch: DRAINS, 5.—335.

right of, on lease: LANDLORD AND TENANT, 9,–519.

to recover consideration for deed: ESTATES, ETC., 9,–513.

on agreement to pay another's workmen: CONTRACT, 12,-603.

See ATTACHMENT; EJECTMENT; GARNISHMENT; LIBEL; REPLEVIN; TRESPASS AND TROVER.

ADJOINING OWNERS.

liability for injury from ice on sidewalk: ACTION, 3-5,-74. ADMINISTRATOR

cannot waive conveyance made to decedent: ESTATES, ETC., 9,–513. mortgage to pay debts: ESTATES, ETC., 8,-330.

license to sell: ESTATES, ETC., 3, 4,-457.

ADMISSIONS

verbal, against delivery of Deeds, 2,-554. ADVERSE POSSESSION.

1. Adverse possession is a defense resting wholly upon facts. Demill v. Moffat, 410.

2. Adverse possession must be clear and distinct, and plainly proven, to establish title. Campau v. Campau, 367.

3. A claim of adverse possession by one tenant in common, as against another, must be clear and unambiguous, because the mere possession in a tenant in common would be rightful and would not imply an adverse holding, and the tenant is presumed to hold in recognition of the rights of his co-tenant unless his acts and declarations are clearly inconsistent with such presumption. Id.

4. The lessee of one tenant in common told the son of the other, while the father was living, that he (the lessee) had more right on the premises than he (the son) had. Held, that this had no tendency to prove that the tenant in common under whom he occupied the premises held adversely to the other. Id.

5. The rule invalidating a conveyance if the grantor is not in possession and the property is held adversely by another, is not in force in Michigan. Mich. Cent. R. R. Co. v. McNaughton, 87. required to bar EJECTMENT, 3,—156.

AFFIDAVIT.

equities not to be decided upon: EQUITY, 26,-44.

for orders of publication in DIVORCE, 1-3,-358. of publication of notice: DivVORCE, 4,-358. description of affiant: DIVORCE, 4,-358.

AGENCY.

1. The general attorney of an Insurance Company, after foreclosing a mortgage in its name, took a tax-deed of the property, and after the tax-title became absolute gave a quit-claim to the company, which it accepted. Held, a recognition of his agency in making the tax purchase. Connecticut Mut. L. Ins. Co. v. Bulte, 113. "agent for service of process against CORPORATIONS, 11,-643. authority to increase wages, CONTRACTS: 12.-603.

authority to sign checks: BANKS, ETC., 1, 2, 5, 6,—135.

in transferring goods: CARRIERS OF GOODS, 4,-51.

guaranty on contract of: GUARANTY, 1,-444.

liability of officers for assistant's acts: UNIVERSITY OF MICHIGAN, 2,234.

surety, when not creditor's agent: SURETYSHIP, 3,-584. ALIMONY

temporary, not collectable by execution: DIVORCE, 7,--150. ALLEYS.

1. Act 201 of 1877 is of doubtful constitutionality in that while its title provides only for taking private property for the public use and benefit, and for the opening of highways, streets and alleys, by the cities and villages of this State, the act itself also authorizes the opening of private roads and alleys. The title would have been sufficient, however, for alleys for the mixed use of the public and private individuals. Schehr v. Detroit, 626.

2. Whether part of the expense of opening a private road can be assessed in the shape of benefits upon the property taken therefor, when the owners have not petitioned for the road, and do not need it-Q. Id.

3. Whether persons petitioning for a private road through the private property of others who do not desire it, should not pay the entire expense of opening it-Q. Id.

ALTERATION

releasing guarantor on contract of agency: GUARANTY, 1,-444.

AMENDMENT

of bill in EQUITY, 22, 24,-29.

of foreclosure bill, to ask for ACCOUNTING, 9,-504.

statute cures general ad damnum clause: PLEADINGS, 7,-324. should be objected to below: PLEADINGS, 4,-376.

to pleading in name of public office: PLEADINGS, 3,-79.

to meet the evidence, of BILL OF PARTICULARS, 2,-436.

of constable's return: ATTACHMENT, 4; JUSTICE, ETC., 4,-181 of statutes by implication: STATUTES, 5,-621.

ANIMALS

not to be worked when taken on EXECUTION, 8,-181. ANSWER.

right of, after publication: EQUITY, 26,—44. ᎪᏢᏢᎬᎪᏞ.

acquiescence in decree on AcCOUNTING, 7,-284.

by executors, hearing compelled by MANDAMUS, 3,—6. by executors, from refusal of probate: WILLS, 6,-6. from probate court, trial of: TRIAL, 17-265.

decree not changed for non-appellants: MORTGAGE OF LANDS, 27,255.

extension of time for settling case: PRACTICE, 2,-223.

no costs to non-appellant: Costs, 7,—404.

printing record: PRACTICE, 7, 8,-284.

signing transcript nunc pro tune: PRACTICE, 3,-223.

supreme court inquires into the facts: PRACTICE, 11,-554. jurisdiction to render judgment on: JUSTICE, ETC., 7,-324. not to be taken after five days: JUSTICE, ETC., 8,-326.

APPEAL BOND.

action for rent on: LANDLORD, ETC., 10-12.-376. action of debt on: JUSTICE, ETC., 5,-181.

releases lien of justice's ATTACHMENT, 2,-181.

APPEARANCE.

special, as ground for service on attorney: JUSTICE, ETC., 4,—181. APPOINTMENT

of commissioners, notice: DRAINS, 2,—150.

of receiver, estoppel to dispute: DEBTOR, ETC., 3,—504.

of receiver for insolvent corporation: EQUITY, 28, 29,—453.

of STENOGRAPHER, 1, 2,-47.

recital of date of: MORTGAGE OF Lands, 18,-638.

APPRAISAL.

ex parte, cannot sustain an ACCOUNT STATED, 1,—636. when inadmissible to show value: EVIDENCE, 8,-588.

ARBITRATION AND AWARD.

ex parte appraisal cannot sustain an ACCOUNT STATED: 1,-636. ARRAY.

challenge to, in superior court of Detroit: TRIAL, 1,-424 ASSAULT AND BATTERY.

constructive possession to justify: DWELLING HOUSE, 1,-418. general ad damnum clause applicable to count for: PLEADINGS, 7, 324.

plea of former conviction: CRIMINAL LAW, 7,—486.

ASSENT

does not determine a question of law: PARTIES, 1,-29. ASSESSMENT

of benefits from opening private ALLEYS, 1, 3,—626. complaint of, estoppel by acquiescence: DRAINS, 4,-568. certificate to roll: TAXATION, 5, 6,-621.

signing of roll by board of review: TAXATION, 7,-621. see TAXATION, 2-8