PAGE

Carney v. Mosher-Continued.

tenant may sow the land to wheat, will not give him
the right to re-enter after the expiration of the year,
and harvest the wheat.

CHAMBERS, O'BRIEN V.....

CHANDLER V. ANTRIM CIRCUIT JUDGE............

Deposition-Mandamus will not lie to compel a circuit judge to suppress a deposition taken in a chancery suit. CHIERA V. WAYNE CIRCUIT JUDGE

Injunction-If case was within the jurisdiction and power
of the circuit judge, it will not be reviewed upon an ap-
plication for mandamus.

CHIVERS V. LYTLE..

Justices' courts-Justice acts within his discretion in re-
fusing to open a case, after a decision has been announced
in favor of the plaintiff, to allow the defendant to put
in his evidence, his attorney having refused to cross-
examine plaintiff's witnesses, and stated that he sub-
mitted his case, and would take his chances, after which
the arguments were made and decision announced.

CITY OF ALPENA V. ALPENA CIRCUIT JUDGE...

Equity jurisdiction-Chancery court has power to grant
an injunction at the suit of an individual injuriously
affected by the ultra vires acts of a corporation-Char-
ter of city of Alpena does not prohibit the common
council from making contracts for the current year for
work upon the city streets, so long as it keeps within
the amount of the fund actually provided in the annual
budget.

CITY OF ALPENA, MINOR LUMBER CO. v...

607

621

638

477

550

CITY OF DETROIT, TULLER V...

CITY OF GRAND RAPIDS V. WEIDEN.

Nuisance-Business of conducting a rendering establish-
ment in such a manner as to make it a nuisance will
be enjoined.

499

597

82

CITY OF KALAMAZOO, BIGELOW v..

CITY OF ST. IGNACE, BROOKS V..

CITY OF ST. IGNACE, GOUDREAU V..

CITY OF ST. IGNACE, ORTH V..

COACH V. KENT CIRCUIT JUDGE..

Equity pleading-Averments which are properly in an
answer only as the basis of a cross-bill, under Chancery
Rule No. 123, must be answered specifically, according to
the usual practice.

COFFIN V. BOARD OF ELECTION COMMISSIONERS.

PAGE

121

413

413

413

563

188

Female suffrage-Act No. 138, Laws of 1893, providing for
in municipal elections, is unconstitutional.

COMMON COUNCIL OF DETROIT, SPEED V..

COMSTOCK, HOUGH V..

198

11

448

637

COWGILL, BOARD OF SUPERVISORS V....

CRITTENDEN V. MACOMB CIRCUIT JUDGE..........

Appeal from probate court-Order dismissing will not be
set aside by mandamus after the time limited for bring-
ing certiorari has expired.

CRUMP V. BERDAN..

Bills and notes-Negotiable character of note bearing 7
per cent. interest is not destroyed by adding an agree-
ment to pay 10 per cent. from date if the note is not
paid at maturity-It is reversible error for the trial
judge not only to fail to correct an erroneous statement
of counsel as to the law, made during the charge to
the jury, but, by a colloquy with counsel, to give them
to understand that his statement is correct.

CURTIS, PEOPLE V..

293

489

D.

DAKIN V. DAKIN.

284

Husband and wife-Agreement by a wife to release her

Dakin v. Dakin-Continued.

dower and all other claims against her husband's estate
in consideration of the conveyance to her by him of
certain lands and mortgages, and his promise to will
her a portion of his remaining estate, which is kept,
will be enforced after his death by requiring a specific
performance on her part, or the surrender of what she
has received under the agreement-If the executor de-
clines to move in the matter, the parties in interest may
do so, and the remedy should be pursued in the equity

court.

DARBY, MORAN V..

DAVIDSON V. GRAND TRUNK ELEVATOR Co.......

456

Transfer of suit-Cannot be made to a county where only the counsel of the applicant resides.

DAVIS V. DAVIS..

Sale-Materiality of representations upon which the vendee claims to have relied is a question of fact for the jury -Jury should not be instructed to find whether the representations were deemed by him to be materialEvidence-Damages.

DAVIS V. KNEALE...

Subscription-To secure the starting of an enterprise, made at the solicitation of a third person, and upon condition that he is to retain the subscription paper until its delivery is authorized by the then sole subscriber, of which facts the agent of the payees has knowledgeSubscriber not estopped from showing such facts and the violation of the condition in a suit to recover the subscription-Want of authority of agent and solicitor to make the conditional agreement will not deprive the defendant of the right to rely upon it-Evidence of similar agreement with another subscriber is inadmissible in support of defendant's claim.

DAWSON V. IRON RANGE & HURON BAY RAILROAD CO........

Partnership-Railroad companies-Garnishment by creditors of contractor-Labor claims-How. Stat. § 3423, construed.

DEN BLEYKER V. GASTON..

Damages-For breach of contract to sell and deliver
lumber of a particular grade, cut into strips for a
special purpose-Are measured by the difference between
the contract price and the value of the material not
supplied, i. e., what strips similar in kind, quality, and
amount, cut from the log, would have cost at the time
and place of the promised delivery.

DETROIT & BIRMINGHAM PLANK-ROAD CO. V. DETROIT CITIZENS'
STREET RAILWAY CO......

Contempt proceedings for alleged violation of an injunc-
tion-If injunction is not made a part of the record, it
will not be assumed to have been broader than the
prayer of the bill-Injunction restraining an entry upon
a street for the purpose of constructing a railway track
or incumbrance of any kind thereon, or in any way
preparing to lay such track, will not cover the operation
or repair of a track theretofore built and used, although
repairs in paving the street had required the temporary
removal of a portion of the track.

PAGE

354

583

DETROIT & SALINE PLANK-ROAD CO., ATTORNEY GENERAL V..

589

DETROIT CITIZENS' STREET RAILWAY Co., DETROIT & BIRMING-
HAM PLANK-ROAD CO. v..

583

DETROIT, GRAND HAVEN & MILWAUKEE RAILWAY CO., DEWEY

V......

329

DETROIT, GRAND HAVEN & MILWAUKEE RAILWAY CO., MINOCK

V.

425

DETROIT, LANSING & NORTHERN RAILROAD CO., GARDNER V...
DEVEREAUX v. ESTATE OF PHILLIPS.

240

104

Bills and notes-Accommodation maker-Decedent shown
to have been such, and note held properly disallowed as
a claim against his estate.

DEWEY V. DETROIT, GRAND HAVEN & MILWAUKEE RAILWAY
Co.....

329

Railroad companies-Brakeman on freight train, and car
inspector, are fellow-servants-If company furnishes a

PAGE

Dewey v. Detroit, G. H. & M. Ry. Co.-Continued.

competent inspector and safe cars, it is not liable for
injuries received by brakeman while attempting to couple
a car, which has been accepted by the inspector from
another railroad company for transportation, onto an-
other car, by reason of the improper loading of the
inspected car.

DEYO V. VAUGHN..

Sale-Acceptance of offer to purchase a horse upon condition that the sale is closed and horse taken away at once-Contract is not complete until the condition is accepted by the proposed purchaser.

DICKEY V. WALDO..

Contract-By which a land-owner agrees to set out, and care for for a term of years, a certain number of peach trees then in existence, to be furnished by the other parties for one-half of the peaches grown thereon during any two years they may select, which the landowner agrees to allow them to harvest-Constitutes the parties tenants in common of the crop for the years designated, and is valid-Wife of land-owner need not sign the contract, the trees being planted upon only a portion of the land, and their occupation of the buildings and land not being interfered with.

DOYLE V. LEITELT..

Corporations-Creditor's bill.

DREGGE, VOIGHT V...

DUFFIELD, BEECHER V..

DUNCAN, PEOPLE V..

DUTTON V. THOMAS..

Judgment creditor's bill-If filed to reach property which is unknown to the complainant, the property need not be pointed out-Chancery Rule No. 105 construed-Receiver may be appointed before replication, or proof that there is property to go into his hands.

1

255

298

322

423

632

93