CHADBOURNE V. COMMISSIONER OF THE STATE LAND OFFICE, State swamp lands-Special appropriation—Limit of reservation of Trusts, how created-Sufficiency of bill to enforce-Lapse of time- Board of Supervisors—Auditing claims against the county—Where discretion rightfully exercised, decision final—Board of prisoners, in criminal cases, not fixed by statute-Amount to be allowed rests in sound discretion of board-Prosecuting attorney cannot by stip- ulation substitute decision of a jury-Estoppel--Duress-Bill of particulars, no part of the declaration-Not considered on demurrer thereto-Abstract right to sue county, by common count CITY OF KALAMAZOO, AMPERSE V. CITY OF NILES, NILES WATER WORKS v. CITY OF SAGInaw, Kundinger v. CLARK, PARSONS V. 87 78 311 355 414 1 573 350 COLWELL V. BRITTON. COON, BROWN V. . 596 391 COULTER V. SCHOOL INSPECTORS, School inspectors' notice of meeting to alter boundaries of district- Evidence-Contrary statements made by witness-Parol proof of DETROIT, LANSING & NORTHERN RAILROAD Co., MYNNING V. Rescinding contract for fraud-Election of remedies-Right of ac- tion for value of goods not recovered-Form of declaration, where tort is waived and assumpsit brought. Will-Construction of conditional devise. FLINT & P. M. R. R. Co., HAGGERTY V. 179 Common counts-Recovery for part performance of special contract may be had under—Defendant may recoup damages for non per- formance-When contract price, measure of value—Evidence—If letters are received on examination-in-chief, answers should be admitted on cross examination- When contents of letter may be shown-Irrelevant testimony-Charge to jury. GARDINER, BRUSH-SWAN LIGHT & POWER Co. v. GARDNER, HUDNUT V. Certiorari-Circuit court may order further return on its own Sawing contract-Measurement of lumber thereunder-Evidence of same-" Manufacture, in a good and workman like man- ner," construed-Süence, or failure to object, not sufficient to 515 HAGGERTY V. THE FLINT & P. M. RAILROAD. COMPANY, Agency-Fixed compensation excludes opinions of witnesses as to HERRICK, PEOPLE V. HIGHWAY COMMISSIONER, BARLOW v. Married women-Ownership and sale of property, by--In suit for HUDNUT V. GARDNER, False representations-If made and admitted to be false, maker's intent to deceive is conclusively presumed-Reasonable care in act ing on same, not involved in such a case-When involved, jury should be advised as to what would constitute-Court should not advance a theory in charge in conflict with the evidence. HUNT V. SHIER, Fradulent mortgages. JONES V. MICHIGAN CENTRAL RAILROAD COMPANY, Homestead-Temporary absence, with purpose of re-occupying, will United States Survey-Law governing same-Settled policy to subdivide into square figures-Quantity must generally give way to fixed lines and monuments-Trespass to land-Trying title therein-How put in issue-Judgment in, never a bar to subsequent ejectment suit between same parties for same premises. KIDD V. DOUGHERTY, Attachment suit-Defective bond-Amendment of officer's return PAGE 563 443 590 420 841 286 437 165 624 380 455 240 KIMBALL V. Cannon, 290 Estates of deceased persons-Powers of commissioners on claimsNotice essential to validity of their action-Allowance of set-off. KOENIGSHOF V. SPAULDING, 245 Costs--Recovery of. DRS. K. & K's. U. S. MEDICAL ASSOCIATION, SAVAGE V. Condemning land for street opening purposes-What interest of be condemned by the same jury-Public necessity must be first de- KUSTERER V. WISE, Possession of lands—Summary proceedings to recover-Sufficiency of complaint and findings. LAIRD V. SNYDER, Negligence-Over-driving, want of care, and improper treatment of u livery team-Evidence. LAMB V. THE CONSTANTINE HYDRAULIC CO., PAGE 382 401 597 LEMON V. THE CHICAGO & GRAND TRUNK RAILWAY COMPANY, 618 296 LONG V. LONG, Order of publication-Appearance of defendant-Opening decree LONG V. ROGERS, Statutory foreclosure—Injunction restraining same. LORMAN, ATTORNEY GENERAL V. LORMAN, MINER V. 270 157 480 139 MAYNARD V. VINTON. Costs-When amount paid for transcript of stenographer's notes is taxable-The general and special statutes construed. MAYNARD V. VINTON, Will-"Subscribing in the presence of testator" defined-Husband and wife--Confidential communications during marriage- Undue influence over a testator defined—Mental competency— Opinion of physician and layman. Breach of promise to marry—Defendant's wealth—Exemplary damages-Declaration of plaintiff as evidence. MYERS, FARWELL V. MEYERS, GAGE V. MICHIGAN CENTRAL R. R. Co., JONES V. Partnership-Dissolution and accounting-Agreement of one part- 155 875 327 33 179 300 437 395 480 School meetings—Qualification of voters. MYNNING V. DETROIT, LANSING AND NORTHERN RAILROAD CO., NILES WATER WORKS V. CITY OF NILES, . City charter-Power of common council to contract debts or incur liabilities-Contract construed, and held to fall within the prohibitions of charter, and therefore void-Being void, no recovery can be had for what has been furnished the city under it. NOBLE, GRICE V. NORBERG V. HEINEMAN, PAGE 557 338 165 257 380 311 515 210 Attorney in circuit court-Authority of to appear, presumed-Corpo- 624 Certiorari-Affidavits of third persons no part of return-Probate court-Jurisdiction to appoint guardians for incompetent persons derived from statute-Petition must be filed in county where alleged incompetent resides - Written notice must be personally served on such person, and given under order of probate judge-Decree adjudicating incompetency, etc., essential and it should be recorded-Notice, under section 1742 How. Stat., must be given to relative of poor person sought to be charged with his support. NORTHWESTERN TRANSPORTATION Co. V. THAMES & M. I. Co., 214 Marine insurance-Abandonment and acceptance, effect of-Evidence to establish. NUGENT V. GOLDSMITH, . 593 Replevin-Fraud-Evidence. PALMER V. MONTGOMERY, 338 Original survey of townships--Location of section corners cannot be changed by subsequent survey made to subdivide the sections. PARENT V. BOSWELL, 308 PARSONS V. CLARK, Injunction suit to prevent the closing of an alleged street. Assignment for benefit of creditors-Not a bar to action by creditor -Does not prevent the running of the statute of limitations— Assignee has no authority to renew or revive the undischarged portion of a debt, by a purtial payment thereon--Nor can he bind the assignor by an express or implied promise of payment--Cir 414 |
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