xxii

PEARSALL V. SUPERVISORS OF EATON COUNTY,

State road-Proceedings by board of supervisors for discontinuance of-Notice must be given to adjoining landowner, whose damages must be ascertained by a constitutional jury, and paid-Highways-Benefits to be received by land-owner are a part of the consideration for his release of the land, or for its condemnation-When once vested become as much his property as the land itself— "Taking" should include cases where the value is destroyed, or serious injury is inflicted to the property, or the owner is excluded from its enjoyment, etc. PECKHAM V. BERRIEN CIRCUIT JUDGE,

Estates of deceased persons-Judgment against, in suit
against administrator for failure to pay a claim allowed
against the estate, and ordered to be paid, is void-Exe-
cution against the assets of the estate for the collection
of an ordinary money judgment, not authorized-How.
Stat. § 5902, creates no liability to execution or attach-
ment, nor can it recognize any not authorized by some
other provision of law.

PEOPLE V. CONVERSE,

Embezzlement-Attorney at law collecting money for his
client acts as his agent and attorney-In either case an
appropriation of the money to his own use, with intent
to deprive the owner of its use, is embezzlement.

PEOPLE V. ELLIOTT,

PAGE

558

287

478

264

Criminal law-Lottery defined-"Playing policy" held to
fall within the statute.

PEOPLE, EX REL. CLAY, V. STUART,

PEOPLE V. LYNG,

411

579

Liquor traffic-Act No. 313, Laws of 1887, in so far as it requires an importer of liquors, to be sold in the original packages in this State, to pay a wholesale dealer's tax, is held unconstitutional by the Supreme Court of the United States as an attempt to regulate interstate commerce. PEOPLE V. PAQUIN,

Liquor traffic-Information held to charge a single offense, under liquor law of 1887-Deputy county treasurer may

84

People v. Paquin-Continued.

testify, orally, to non-payment of tax-Record of those who pay is not required to be kept by treasurer. PEOPLE V. PRICE,

PAGE

37

Criminal law-Indorsement of names of witnesses, known to prosecutor when information was filed, after commencement of trial, and refusal to grant respondent a continuance, held ground for reversal-Failure to make such indorsement not excused by ignorance of witnesses whereabouts-Amendment of information in larceny case by giving a more particular description of the same property charged to have been stolen, does not create a new issue -Statute of limitations-Question whether there was any period during the six years when respondent was not usually and publicly a resident of this State, held properly submitted to the jury.

Liquor traffic-Information held sufficient under section 13, Act No. 259, Laws of 1881, punishing illegal sales by druggists.

Liquor traffic-Social club held liable to pay tax as retail dealer-Object of law of 1887 is to tax the business of liquor selling, and reaches a club house or private house, and includes all persons engaging therein-Person found at a place of business, engaged in the sale of liquor at retail, without having paid the required tax, who claims to be selling as agent of a corporation in like default as to payment, is properly informed against as a principal. PERKINS V. TOOLEY, Guardian and ward-Guardian not liable upon his bond for payments made to him by executor before the time limited in will for payment of legacy bequeathed to the ward.

PERROTT, AVERILL V.,

PETERS V. CANFIELD,

632

250

220

296

Land contract-Time of performance held not essential
under facts of this case- -Requirement that assignments

PAGE

Peters v. Canfield-Continued.

should be indorsed upon contract may be waived by parol-Verbal assent to such assignment is such a waiver -Evidence-If equally credible witnesses dispute each other as to existence of a fact, and there is nothing else to turn the scales, the affirmative is not establishedEstoppel-One who stands by and allows another to deal with his property, as his own, without objection, is estopped from questioning the transaction if the purchaser relies upon appearances-Statute of limitationsAgreement for payment of purchase money in land contract under seal falls within the ten-year clause of the statute.

PETTIT V. MUSKEGON BOOMING COMPANY,

Garnishment-Book-keeper of corporation is not an officer
or within the meaning of Act No. 175, Laws of 1885,
and has no authority to appear for or bind the corpora-
tion in garnishee proceedings-Garnishee statute exempt-
ing wages of a householder having a family applies to a
husband residing in Michigan, and supporting his family
in Canada from his wages.

PONTIAC, OXFORD & PORT AUSTIN RAILROAD COMPANY, TEN

214

416

638

239

83

226

235

37

RAJNOWSKI, ADMINISTRATRIX, V. DETROIT, BAY CITY & ALPENA
RAILROAD COMPANY,

Negligence-Death of child in burning building set on fire

632

20

Rajnowski, Administratrix, v. Detroit, Bay City & Alpena Railroad Company-Continued.

PAGE

through negligence of railroad company is not so remote as to relieve from liability-Administration may be granted to mother, equally with father, on child's estate in such a case-Pecuniary injury resulting from death of child is measured by the pecuniary value of its life to the parent-Opinion of qualified witness as to value of child's services until 21 years old, above cost of its support and education, is admissible to aid the jury-Mortality tables are not admissible, where deceased was under ten years of age.

RAJNOWSKI V. DETROIT BAY CITY & ALPENA RAILROAD COM

PANY,

.

Evidence-If strong and positive in support and denial of fact essential to plaintiff's recovery, Supreme Court will not disturb verdict as contrary to conclusion it might reach if called to pass upon the facts-InterpretersNothing but practical necessity can justify their use, which is usually for the trial court to decide-Rules governing examination of witnesses should be applied-Precise form and tenor of each question should be given to the witness by the interpreter, who should in like manner translate the precise expressions of the witness. REID, CHICAGO & WEST MICHIGAN RAILWAY Co. v., RICHARDS V. ARMS SHINGLE & LUMBER COMPANY,

15

366 57

Lien-Courts of equity will not create liens upon lands to secure a party for a breach of contract, in absence of agreement therefor-Vendors' lien-Circumstances of sale must show intent that it was made, and credit given in reliance upon such lien-Parties-Vendees of standing timber, who agreed to pay taxes upon the land, are necessary parties to suit to declare such taxes a lien upon the timber in default of payment, even though they have sold it to third parties, as are their vendees, who on a resale retained the title until timber was paid for.

ROSE V. NEWAYGO CIRCUIT JUDGE,

332

Attachment suit-Judgment rendered for want of an appearance and plea cannot exceed the sum sworn to be due

PAGE

Rose v. Newaygo Circuit Judge-Continued.

in affidavit-If taken for greater amount, mandamus lies
to compel the granting of a new trial if the plaintiff
fails to remit the excess.

ROULO V. BOARD OF AUDITORS OF WAYNE COUNTY,

129

Mortgage-Act No. 262, Laws of 1887, allowing registers of deeds compensation for reporting same for assessment purposes, applies to Wayne county.

Taxes-Copartnership held liable for taxes levied upon lands belonging to one partner, which were assessed to the firm by direction of its agent.

Sawing contract-Term “about” a certain amount indicates an approximation in quantity.

416

Specific performance-Bill for, properly dismissed, no valid contract being shown between the parties.

Evidence-Competent to show that it was given for the first time, where there have been previous trials, and to explain why it was not produced before-It requires less proof to declare a bill of sale a chattel mortgage than to determine a deed to be a mortgage-Charge to juryInstruction that it is competent to show that a bill of sale may have been given by way of security, which fact may be shown by parol, is sufficient, in absence of request for charge that the burden of proof is on the party making such claim to overcome the contrary presumption arising from the face of the paper-Where, by reason of the