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stranger, and especially by a wrong-doer, to protect himself. Holmes o. Rice, 142. 2. An infant's contract is not void but is merely voidable, and may be avoided or ratified by the infant at his option; it is valid as to third parties who are strangers to it, and do not claim under either party. Id.

INJUNCTION,

1. An injunction to abate a dam which had existed about thirty years and had been erected under permission to raise the water to a certain height, was denied where the proofs did not conclusively show that the height agreed upon had been exceeded. But as the case contained facts that might properly be submitted to a jury, the denial was without prejudice to any proceedings at law, or to proceedings in equity, if these facts should be found against defendant. Cobb v. Slimmer, 176.

2. Mandamus lies to vacate an injunction where the bill upon which it was granted was devoid of substance, and could not therefore support the application for the writ. Van Norman v. Jackson Circ. Judge, 204.

to restrain payment of dividends: CORPORATIONS, 7,-204.

to restrain sale for school taxes: TAXATION, 8,-559.

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as to effect of interest in witnesses: TRIAL, 7,-51. INTENT

of defendant, materiality in TRESPASS, 3,-402.

of officer in making levy: EXECUTIONS. 9,–333. of testator, oral evidence: WILLS, 5,-350.

INTEREST.

1. Interest cannot exceed seven per cent. in Michigan unless there is a written agreement for a higher rate. University v. Rose, 284. 2. Usury in Michigan is only such interest as exceeds ten per cent. Havens r. Jones, 253.

allowance of, to officer, effect: UNIVERSITY OF MICHIGAN, 1,-284. stipulation for increased rate of: MORTGAGE OF LANDS, 3,-253. increased, agreement not enlarging MORTGAGE OF LANDS, 4,-253. allowance upon principal: MORTGAGE OF LANDS, 5.–253.

on public accounts: UNIVERSITY OF MICHIGAN, 1,-284.

upon loan made by void corporation: AccOUNTING, 8,--504.

on orders issued by SCHOOL DISTRICTS, 5,-496.

liability of guardian: GUARDIAN AND WARD, 7,-265. INTERPLEADER.

when allowed: EQUITY, 19, 20,-500.

INVESTMENTS.

by guardian, GUARDIAN AND WARD 6-8,-265.

IONIA REFORMATORY.

commitment to, CRIMINAL LAW, 10,–179.

JOINT CONTRACT.

partnership note is: STATUTE OF LIMITATIONS, 1,—522.

JUDGMENTS.

1. A judgment should be reversed if any substantial part of the cause of action is unsupported by proof. Chicago & Canada Southern Ry Co. v Peters, 636.

relate back, in EJECTMENT, 11,-87.

identification of, by parol evidence: EXECUTIONS, 1.—234 jurisdiction to render, on appeal from JUSTICE, ETC., 7.-324. vacation of, for false disclosure: GARNISHMENT, 8, 9,-413.

of return or value in REPLEVIN, 9-12,-565.

not sustained by contradictory verdict: REPLEVIN, 13,—607. JUDICIAL CIRCUIT.

appointment and salary of STENOGRAPHER, 1-3,-47.

JUDICIAL NOTICE

as to frequent use of street: EVIDENCE, 1,-62. of usages in banking: BANKS, ETC., 3,-135. JURISDICTION

of probate courts: COURTS, 3,-29.

of maritime torts in STATE COURTS, 1,-65.

by value, of circuit court in REPLEVIN, 1,-478. of malicious prosecution: JUSTICES, ETC., 1,—324. of Supreme Court in MANDAMUS, 1-340,

on appeal from JUSTICE, ETC., 7, 8,-324, 326.

to award judgment for return or value in REPLEVIN, 11, 12,-565. to license sale: ESTATES, ETC., 3,—457.

JURY

findings on probate appeal: TRIAL, 17,-265.

instructions as to effect of interest: TRIAL, 6,—51.

not to determine guardian's compensation: GUARDIAN, ETC., 9,-265. challenge to the array: TRIAL, 1,—424.

See QUESTIONS OF FACT.

JUSTICE OF THE PEACE.

1. The jurisdiction conferred upon the recorder of Corunna is that of a justice of the peace (Act 265 of 1869), and he therefore cannot entertain an action for malicious prosecution. Act 214 of 1875. Sheldon v. Sullivan, 324.

2. A defendant in justice's court moved for a nonsuit on the ground of variance between the declaration and the proofs in the matter of the assignment of the paper sued upon. Held, that an appellate court would not regard other variances to which the justice's attention had not been called. Wilcox v. Toledo & Ann Arbor R. R. Co., 280.

3. The Supreme Court, in reviewing the proceedings of a justice, will disregard mere informalities and technicalities, and will not disturb his judgments upon objections which he was given no opportunity to examine, or which were so blindly stated as not to attract his attention. 1d.

4. Special appearance in a justice's court for the sole purpose of moving to quash a writ, gives no right to thereafter serve the attorney with notice of an amendment of the constable's return. Bushey v. Raths, 181.

5. An action of debt lies upon a bond given on appeal from before a justice, where the effect of the appeal is to release an attachment lien, or to delay the levy of execution. Id.

6. Tenancy of any sort is a species of title; and where a defendant in an action brought before a justice and involving title, has not given notice that title will come in question, he cannot rely upon his tenancy as a defense. Comp. L. §§ 5326–9. Vandoozer v. Dayton,

247.

7. An appeal by the defendant in a justice's court from a judgment in an action which the justice had no right to entertain does not give the circuit court jurisdiction to render judgment for the plaintiff. Sheldon v. Sullivan, 324.

8. The circuit court obtains no jurisdiction by an appeal from a justice's court, if taken after the statutory period of five days allowed for taking it. Franks v. Smith, 326.

appeal bond releases lien of ATTACHMENT, 2,—181.

certiorari to review proceedings in GARNISHMENT. 4.-41.

680

Justice of the Peace. INDEX.

Landlord and Tenant.

declarations to be liberally construed: PLEADINGS, 6,-349.
discharge on defective complaint: CRIMINAL LAW, 4,-543.
duty as to volunteering objections: CRIMINAL LAW, 6,-486.
general ad damnum clause in declaration: PLEADINGS, 7,-324.
judgment for value in REPLEVIN, 9, 10,-565.

omission of venue from EXECUTIONS, 1,-234.

proof before, of lawful possession of land: TRESPASS, 4,-247.
service of process on "agent" of CORPORATIONS: 11,-643.
sufficiency of plea: PLEADINGS, 8,-486.

taking advice of prosecuting attorney: CRIMINAL LAW, 1,2,-543.

LABOR DEBTS.

orders in payment of: CORPORATIONS, 1,-92.

LAND CONTRACTS.

1. A contract for the sale of timbered land required the purchaser to
pay current and back taxes, and an instalment of the price, annu-
ally, but stipulated against waste. Time was made essential, and
the contract was subject to forfeiture on default. The purchaser
did not pay the taxes, but within the first year cut a large quantity
of pine, which he sold, besides selling a parcel of the land on time.
The vendors also, within the year, sold their interest to W., who
went on the land and began to lumber it without any objection
from the original contract purchaser, who did not make any offer
of payment, but some time afterwards assigned all his rights to G.,
who had full knowledge of the facts. G. then filed a bill against
W. to restrain him from exercising acts of ownership. Held, that
the bill could not be maintained, and that the complainant must be
held responsible for all the expenses incident to the litigation,
including charges, to which the suit gave rise, against lumber cut by
W., who could include such charges in his costs. Gram v. Wasey,

223.

LANDLORD AND TENANT.

1. A tenant who has accepted his lease from several lessors jointly can-
not inquire into their individual interests so long as he remains in
possession undisturbed. Hecht v. Ferris, 376.

2. One of two lessors, even if the other be his wife, cannot assign the
lease. Id.

3. A lien on property given by a lease, to secure the performance of
its conditions, is inseparable from the lease, and can only be
enforced against the lessee by the landlord or his assignee. Hansen
v. Prince, 519.

4. A deed of land under lease conveys the landlord's rights, as against
the lessee, without further ceremony. Id.

5. A three years' lease of farm lands began in March, 1877, and the
rent was to be paid annually, October 15. September 2, 1878. the
parties terminated the lease, but it was agreed that the tenant might
keep possession until he could harvest his crops; that he was to pay
no rent from that date, and that this stipulation was not to affect
the rent to become due in October. Held, that this did not bind
him to pay the rent for the whole year, but only until September 2,
the date of the stipulation. Bates v. Phinney, 388.

6. Rent is the consideration for occupancy, and there is no considera-
tion for its payment when the enjoyment of the rented premises
ceases. Id.

7. An action for use and occupation will not lie where no actual use
exists or is bargained for. Id.

8. An action for rent must be brought in the names of the lessors if
the lease has not been assigned. Hecht v. Ferris, 376.

Landlord and Tenant.

INDEX.

Lapse of Time. 681

9. An agreen ent that a person who retains no ownership in the lease and has sold the land, should receive certain portions of the rent thereafter payable, gives him no title to enforce such payment by any action founded directly on the lease itself. All rights of that kind belong to the assignee of the land under lease, where they cannot be separated from the ownership of that instrument, and the beneficial interest in the partial revenues must be enforced in some other way. Hansen v. Prince, 519. 10. In an action for rent based on the condition of the appeal bond in proceedings for the recovery of the land, it was held, that proof of the writ of restitution was proper if it was served, and immaterial if complainant got possession without it. Hecht v. Ferris, 376. 11. An action for rent was brought on the condition of the appeal bond in proceedings to recover the land from the tenant. In bar of recovery proof was offered of an execution sale of the property against one of the lessors in favor of one of the sureties, and of a judgment in favor of the same surety in summary proceedings against the same lessor and the lessee for the possession of the same premises. But the lessee had enjoyed the premises for a certain period, and neither he nor his lessor had been ousted. Held, that the proof was properly ruled out. Id.

12. In an action for rent against the sureties on an appeal bond bringing up proceedings for the recovery of the premises leased by a man and his wife, an order payable out of the rent, signed by the man but not by his wife, and drawn upon the tenant, was held inadmissible where there was no assignment of the lease by both lessors. Id.

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13. An assignment by a wife to her husband of "all the use of certain premises leased to other persons, but held in her name, "for his use and benefit," is not specific enough to give him the right to rents under existing leases. Spicer v. Bonker, 630.

14. B. and S. held mortgages on certain rented premises already heavily encumbered. S. obtained an assignment of B.'s mortgage, and in order that his own might not be merged procured a deed of the premises to be made to his wife, intending to collect the rents until a foreclosure of prior mortgages. His wife assigned to him "all the use of" the premises "for his use and benefit." B., who understood these arrangements, meanwhile procured assignments of the leases, and collected the rents himself in advance. S. sued him for money had and received to plaintiff's use. Held, that an instruction to find for defendant did not prejudice the plaintiff, whose right of action arose under the assignment from his wife, and as she did not hold the leases, her right to collect the rents, if she had that right, rested on her ownership of the equity of redemption and on whatever estoppel may have arisen against B.; but the word "use" in her assignment was too uncertain to cover rents under leases which she did not hold. Id.

15. B. collected in advance rents which he knew S. intended to collect, and S. sued him for money had and received to plaintiff's use. Both were mortgagees of the rented property. Held, that defendant was entitled to an instruction that plaintiff's knowledge of the actual possession by tenants was notice enough to exclude any benefit from the defendant's neglect to inform plaintiff of the advance payment. Id.

tenant cannot take tax-title: TAXATION, 17,—–113.

tenancy, when not a defense before JUSTICE OF THE PEACE, 6,-247. bill to compel assignment of lease: EQUITY, 6-9,–493.

LAPSE OF TIME

as affecting foreclosure: MORTGAGE OF LANDS, 15-17.

LEASE. See LANDLORD AND TENANT.

bill to compel assignment of; parties: EQUITY, 6-9,-493.
LEGACY

paid by executor to guardian: ESTATES, ETC., 3, 11,—343.
LEGISLATURE.

misapprehension as to existence of remedy: STATUTES, 3,-204.
final judge on questions of policy: STATUTES, 9,–431.
LEVY.

intent in, evidence as to: EXECUTIONS, 9,-333.

on executions. See EXECUTIONS, 9-14.

subject to mortgage, may be changed: EXECUTIONS, 10,-333.
LIBEL.

1. A communication, representing that a certain person was of bad
moral character, and wholly unfit to teach and have the care of a
district school, was made to a township superintendent, by persons
interested in a particular school within his jurisdiction, for the sole
purpose of preventing the issue to the person so charged, of a
license to teach the school. Held, that it was a privileged commu-
nication, and abundantly justified by proof that he was a habitual
blasphemer and profane person, and an open violator of the Sab-
bath. Wieman v. Mabee, 484.

2. An action for libel will not lie on a communication relating to per-
sonal character, if made in good faith and for an honest purpose
by persons concerned, and to the proper person. Nor will it lie
when such a communication is untrue, if it is not maliciously
made. Id.

3. A charge of bad moral character, if made generally, is not fully
justified by proof of profanity and Sabbath-breaking. Id.

4. A person is responsible for such meaning of his language as is most
natural and is actually by his own fault, accepted under the par-
ticular circumstances. But there is no responsibility for any other
meaning than that which is shown to have been intended and
actually understood. Id.

LIEN.

against lessee, enforcement of: LANDLORD, ETC., 3,-519.
appeal bond releases lien of justices' ATTACHMENT, 2,-181.
assignor has none during trust: DEBTOR, ETC., 15,-607.
description of lands: HOMESTEAD, 1; MECHANICS' LIEN, 1,—11.
for tax, not extinguished with MORTGAGE OF Lands, 12, 13,—113.
for tolls for river improvement: LOGS AND LOGGING, 1, −14.
lands must be identified: MECHANIC'S LIEN, 1,-11.

of attachment, bill to protect: EQUITY, 2,-204.

of finder of LOST PROPERTY, 4,-230.

LIMITATION OF ACTIONS. See STATUTE OF LIMITATIONS.
in foreclosure: MORTGAGE OF LANDS, 15-17,-629, 390, 638.
LOANS

not proved by transfer of checks: EVIDENCE, 4,-588.
LOCAL ASSESSMENTS.

apportionment according to frontage: TAXATION, 2,—431.
LOGS AND LOGGING.

1. One who contracts to drive logs to a certain point at a fixed rate, is
bound to discharge any lien for tolls imposed by river improvement
companies. Johnson v. Cranage, 14.

2. Whether a boom company must not tender delivery of logs before
being entitled to demand boomage charges thereon.-Q. Id.
8. In an action against a booming company for injury to plaintiff's
land resulting from jams of logs and consequent overflows, a
charge is erroneous which assumes that the company is an insurer

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