Seligman v. Ten Eyck Estate-Continued. death of a party, a case must be disposed of upon the testimony of disinterested parties, and circumstances, the court should not be too strict in admitting testimony. SMITH, ARBUCKLE V., Negligence Case held a proper one for jury to pass upon, PAGE 568 310 Municipal corporations-While grading and paving street, under charter powers, must close to public travel that portion thereby rendered unsafe, in order to suspend statutory duty to keep streets in good repair for that purpose-Such duty continues, although under its charter the city is obliged to let the work to independent contractors. STANDARD LIFE & ACCIDENT INSURANCE CO., BLACKSTONE v., 438 592 Log-lien suit-Notice provided for in ordinary attachment suits, held insufficient in proceedings to enforce labor liens -Act No. 229, Laws of 1887, was probably intended to authorize a notice which should give the same information as to the nature of proceedings to enforce liens thereunder, as is given by the ordinary attachment notice. STRICKLAND, DERBYSHIRE V., 556 SUPERVISORS OF ONTONAGON COUNTY V. SUPERVISORS OF GOGEBIC COUNTY, Taxes-How. Stat. §3 457-462, providing for settlement between counties, on creation of new one, etc., contem 721 Supervisors of Ontonagon County v. Supervisors of Gogebic plate a division of property and debts and credits-Audi- SUPERVISORS OF SHIAWASSEE Co., AUDITOR GENERAL v., PAGE 536 T. TEN EYCK V. PONTIAC, OXFORD & PORT AUSTIN RAILROAD Corporations-May contract with director for special services to be rendered corporation-Resolutions of board of directors, and by what vote carried, may be proved by parol testimony, if record of proceedings is not kept, or proceedings are not recorded-This case discusses the duties and powers of directors generally. TEN EYCK ESTATE, SELIGMAN V., THOMAS V. COREY, Sawing contract-Failure to show readiness or offer of plaintiff to commence sawing, before bringing suit for breach of contract, entitles defendant to a verdict by direction of the court. Liquor traffic-Act of intoxicated person causing the injury, fixes the liability for the damages upon the person selling or furnishing the liquor which produced the intoxication-Depriving wife of wages of husband is an injury to her means of support-Actual damages recoverable by wife may include amount due for medical attendance upon the husband-Also, the value of her services in nursing the husband, and loss by reason of his diminished ability to labor-Authority by wife to sell liquor to husband, will not bar recovery for injury to him at the hands of another intoxicated person. 226 525 216 398 Mortgage-Cannot be reformed so as to include land which TOOLEY, PERKINS V., PAGE 386 TOULMIN, AYRES V., TOWNSHIP OF ALPENA, TURNBULL V., TOWNSHIP OF FREESOIL, PARDEE V., Taxes-Action for delinquent personal taxes will not lie TOWNSHIP OF LONG RAPIDS, WILKINSON V., Attachment suit-Recital in affidavit is prima facie proof of indebtedness, when an officer justifies under a writ valid on its face-Judgment for defendant, if appealed from, does not dissolve attachment-Lien continues until final disposition of case-Nor is it admissible as evidence of non-indebtedness until four days after rendition of verdict. Highways-Affidavit of service of notice of time and place for determining necessity of laying out a highway, must show jurisdiction of commissioner to proceed to the hearing-Affidavit showing service on railroad company by leaving copy of notice with its freight agent at a designated station is fatally defective-As is one which fails to show that parties on whom service was made were owners or occupants of the lands on the line of the proposed highway-Taking of such lands, is taking property for the use and benefit of the public-Commissioner's return must show affirmatively that he ascertained and determined that it was necessary to take the land for use as such highway-If laid out parallel to and within onehalf mile of existing highway, the damages cannot be estimated at less than the value of the land taken for farming purposes. 63 177 114 160 Taxes-Note of tax-payer is not receivable for taxes-Determination of electors of township containing several surveyed townships, to assess the same percentage of tax upon the taxable property of the township at large, is sufficient, under Act No. 57, Laws of 1885-Failure of commissioner to estimate and report the amount of labor to be voted and money raised for highway purposes, as required by said act, will not deprive the electors of the right to vote upon the question thereunder. Tenancy in common-Conversion of common property by one owner-Property must have been sold and converted into money to warrant waiver of the tort, and action of assumpsit-Or the relation of the parties, out of which the duty violated grew, must have had its inception in contract-This case discusses generally the rights, duties, and liabilities of owners in common of personal property. TYLER, BUCKINGHAM V., 408 652 101 VANARSDALE, FOSDICK V., V. WV. 302 WALSH V. KING, Taxes-Preliminary injunction to restrain their collection should be unconditionally dissolved on motion-If bill prays for cancellation of tax, and removal of cloud, etc., it may be maintained for that purpose-Assessment of one class of property, by agreement, at less than its cash value, entitles tax-payer whose taxes are thereby increased to equitable relief by pro rata reduction. 350 1 491 129 Contract-Terms of payment must be agreed upon in order WILKINSON V. TOWNSHIP OF LONG RAPIDS, Townships-Are primarily liable for payment of physician WINNE V. LENAWEE CIRCUIT JUDGE, Costs-Are not taxable in appellate court against a claim- Executors and administrators Extraordinary services defined and illustrated-Finding of probate court, as to what is a reasonable compensation for such services, is subject to review in Supreme Court-Item in executor's account for payment of claim allowed for money expended for support of minor children of testator, rejected pending appeal by residuary legatee from such allowance. WRIGHT, MCMORRAN V., 69 63 329 143 356 |