where the nature of the action is local or any element of locality is necessary to the jurisdiction Id.

3 Defendant's objection that the court has no authority in the particular case must be specifically and seasonably taken if the court is one of general jurisdiction; and it is properly taken by a plea to the jurisdiction. But if a general demurrer has already been filed this objection is waived and the plea presents an immaterial issue and should be struck from the files. Id.

4 When a court of competent jurisdiction has become possessed of a case, its authority continues, subject only to the appellate authority, until the matter is finally and completely disposed of; and meanwhile no court of co-ordinate authority is at liberty to interfere with its action. Maclean v. Wayne Circ. Judge, 257.

credit to be given to judicial proceedings, 117 (1). local courts of general jurisdiction; process, 523 (4).

courts may exclude incompetents from jury, 506 (2).

courts can award issue in equity on conflicting testimony, 552 (1). power to advance money from accumulation fund, 542 (1), 543 (2). abuse of discretion in allowing change of election, 468 (1). courts cannot set aside stipulations when lawful, 289 (4). mutual interference of co-ordinate courts, 258 (2-4). performance of judicial duty as to confirming sales, 304 (10). variance in caption of demurrer as to name of court, 324 (1). courts of probate are of general jurisdiction, 451 (1).

rulings are necessary to right to review, 289 (2).

review of evidence in criminal cases, 563 (1).

review of proceedings to dissolve attachment 164 (4).

Supreme Court will not review denial of new trial, 575 (1).

power of Supreme Court to review on error, 215 (8).

costs of Supreme Court on error, 523 (6); and appeal, 153 (1); 637 (2). equal division of Supreme Court affirms decree; costs, 329. COVENANT.

An action of covenant lies in justice's court on a money bond given to secure the payment of $150 or less (How. St. § 6820); and on other bonds if the penalty stated therein and the amount involved by breach thereof do not exceed the sum for which suit may be brought before a justice. Gray v. Stafford, 497.

how covenants in a deed limit right of rescission, 100.

covenant against incumbrances; claim based upon, 587.

covenants of a lease; action against partners thereon, 388.

Creditor's bill-to enforce contributions from reresentatives of co-surety, 8 (3).

to set aside a deed, 637 (1).

to set aside a judgment for fraud, 52 (1).

Criminal conversation-affidavit for capias in civil action for, 570 (7). CRIMINAL LAW.

1 An information in a criminal case is presumed to have been framed with reference to the facts disclosed on the preliminary examination; and the date of the offence as given therein is supposed to correspond fairly with the facts then stated. People v. Davis, 570. 2 A request, in a criminal case, for an instruction that there is no evidence whatever on some essential part of the case, presents a question of law that is a proper subject of exception. People v. Moore, 563.

3 There can be no conviction of a lighter offense than is charged in the information unless it is one that is included in that which is charged. People v. Adams, 24.

4 The Supreme Court will not, on exceptions before sentence, review

the evidence to determine whether it was sufficient to justify conviction, as that is a question for the jury. People v. Moore, 563. 5 New trial need not be granted on the ground that the jury were not kept in a private place until they rendered their verdict if in fact they agreed upon it before leaving their room. People v. Francis, 575.

prosecution for adultery. See ADULTERY.

complaint for adultery by husband of guilty party, 570 (2). bill of particulars in prosecution for adultery, 569 (1).

criminal assault causing death is murder or manslaughter, 24 (2). evidence in trial for homicide by assault, 289 (6-8).

conviction for assault on information for murder, 24 (1).

forgery differs from uttering forgery, 627.

duty to call witnesses named on information, 564 (1).

review of verdict on exceptions before judgment, 565 (2). verdict not disturbed if supported by evidence, 575 (3).

See INTOXICATING LIQUORS, SALE OF.

Cross-bill-conclusiveness of deeree where cross-bill is needless, 97,
Cross-examination-as to character of witness for violence, 289 (8).
Crossings-of railroads and highways, 108 (1) ; 277 (1).

CUSTOM AND USAGE.

manner of driving across bridge, 383 (2).

DAMAGES.

1 A claim for money had and received cannot be classed as unliquidated damages, as the amount of such a claim is always ascertainable. Powell v. Powell, 432.

2 Evidence as to prospective profits is inadmissible to fix the measure of damages in a case where the loss of such profits is involved if it appears that they could not be made except under the most favorable circumstances, that the chances against them were numerous and that it was doubtful if the business was profitable at all as conducted. Talcott v. Crippen, 633.

3 One who, under a contract, has done valuable service of which the other party thereto has had the advantage, is entitled to recover therefor at the contract rate less any damages the other party may have suffered from incomplete performance. Fuller v. Rice, 435. 4 The measure of damages for lumber sold under a contract, subject to inspection, is the contract price for such as passed inspection, and the market value for such as did not but was taken by defendant. McLennan v. McDermid, 469.

5 Damages cannot be recovered, whatever the proof or the ad damnum clause, in a greater amount than the aggregate of the items of injury specifically alleged, unless other causes of injury are stated in the declaration. Abernethy v. Van Buren Township, 383. 6 Where malice is in no way an element in a litigation over the right to personal property the rule of damages is the same whether the action is of contract or of tort. Talcott v. Crippen, 633.

7 Damages as for positive malfeasance charged in the declaration cannot be recovered upon evidence of non-feasance only; and defendant is not required to meet such a showing. Macumber v. White River Log, &c., Co., 195.

claim for money had and received, liquidated damages, 432 (2). for non-payment for goods shipped on inspection, 469 (3). for obstructing a navigable stream by booming, 203. recoupment, in action for use and occupation, 630 (2). exemplary damages in suit for breach of promise, 337 (4). Date-amendment of sheriff's return by adding date, 26 (5). Death-of licensor revokes license, 3 (2).

of testator vests interests of posthumous child, 18 (2).

death from criminal assault is murder or inanslaughter, 24 (2). DEBT.

debt or possession is requisite to garnishment 476 (3).

of a bank; stockholder's liability for, 557 (1-3).

DEBTOR AND CREDITOR.

admission of indebtedness by tender of amount due, 153 (2). agent for collection as joint garnishee, 476 (1).

agreement, in fraud of creditors, to support parents, 7 (2). assignment to preferred creditors, 174 (1).

attachment against property sold without right, 610. bill of sale as security; notice by filing, 633 (1, 2). burden of proving payment of debt, 415 (6).

burden of proof, on foreclosure, of payment, 124 (4). composition of creditors in bankruptcy, 405.

debtor's admissions do not affect stranger's title, 1 (2).

debtors can dispose of exempt property, 1 (1, 2).

fiduciary relations; deed with declaration of trust, 174 (8).

fraudulent settlement to screen property from execution, 3 (1).

insolvency affecting payment of personal tax, 272 (4).

personal obligation not kept alive by mortgage, 124 (1).

setting aside judgment for fraud of parties, 52 (1). subrogation to additional security, 552 (4).

Declaration-in assumpsit, for money received on false warranty, 213. on lease, may be general or special, 630 (3).

for non-feasance will not support damages for malfeasance, 196 (2). on recognizance of special bail, 26 (3).

construction of general expressions in declaration, 195 (1).

allegations in trespass quare clausum 94 (1).

allegation of injury govern damages, 383 (3)..

demurrer for insufficiency of declaration to sustain judgment, 25 (1). declaration of trust, in connection with warranty deed, 174 (8). declaration of person prosecuted for murder, showing malice, 616 (2). Decree for divorce granted in extra-territorial court, 94 (6, 7). in partition; collateral attack upon recitals therein, 304 (1). covering cost of tax title taken to protect mortgage, 22 (2). decree conclusive, if cross-bill is not maintainable, 91. enrollment of decree as affecting execution sale, 641 (2). Dedication-for street; breach of conditions by authorities, 320 (1). DEED.

1 Delivery of an assignment of a land contract into the custody of one of the partners in a firm to which it is assigned can hardly be considered a delivery in escrow, to operate until the assignee shall execute a mortgage back, in a case where both the assignment and the contract have first to be delivered to the other party to the contract in order to obtain from him a deed on which to base the mortgage. If such a delivery be accompanied by a parol agreement as to the terms of the transfer, it cannot, under the Statute of Frauds, be regarded as a trust, but is rather a bailment or agency. Ortmann o. Plummer, 76.

2 A notarial certificate is prima facie but not conclusive evidence of the authority of the instrument to which it is attached; and its force may be rebutted by the testimony of the person who appears to have executed the instrument. Camp v. Carpenter, 375.

3 A claim against an estate cannot be based upon a covenant against present incumbrances in a deed from decedent to claimant's grantor, if the latter has not assigned to claimant the right of action for the breach but has only conveyed the land. Davenport o. Davenport's Estate, 587.

4 A description in a deed may be sustained if, with the aid of the usual local inquiries, there would be no difficulty in locating the land. Persinger v. Fubb, 304.

from debtor to creditor, with declaration of trust, 174 (8).

from parents in consideration of support, 7 (2).

with full covenants; revision for mistake, 100.

acknowledgment of deed by incompetent grantor, 346 (4). acknowledgment through a third person, 346 (4). creditor's bill to set aside deed, 637 (1).

Defects-in jurisdiction of subject matter, 522 (2). in proceedings of justice of peace, 460 (1).

in affidavit for appeal from justice's court, 409 (1, 2). want of venue in affidavit of service of notice, 304 (3).

defects in entitling guardian's oath, 304 (6).

technical defects in declaration; demurrer, 25 (1) 26 (3).

defects in demurrer, ground for striking from files, 324 (3).

defects in principal case invalidate garnishment proceeding, 394 (5).

defects in service of attachment, 61 (3).

defects in description in deeds supplemented by local inquiry, 304 (5). defects in bridge; liability of municipality, 383 (1).

Deficiency-on sale under decree; costs on appeal, 153 (1).

Delegation-by supervisors of duty to audit accounts, 340 (5).
Delivery-of goods; Statute of Frauds, 455 (1).

in escrow, of assignment of contract, 76 (1).

DEMAND.

of payment before suing on insurance policy, 131 (2).

demand violating an injunction will not support replevin, 538 (2). Demurrer-to sworn plea to bill of review, 489 (2).

waives objections to jurisdiction, 522 (1, 3).

for insufficiency of declaration to sustain judgment, 25 (1). variance in caption of, as to name of court, 324 (1).

when defective, should be struck from files, 324 (3).

Denial-of guilt; exclusion of evidence thereof, 214 (3).

Deposit-of bonds with a non-banking firm, 112 (1, 3, 4); 113 (5).
of security to pay for gas consumed, 499 (2).

Deposita y-of securities; evidence as to identity, 113 (5).
DEPOSITION.

Depositions to which valid objection has been made in a chancery suit will not be considered on appeal even though a motion to suppress them was not acted on. Edson v. Cumings, 52.

in criminal case; admission of stipulation, 288 (1).

DESCENT AND DISTRIBUTION.

Heirs are not, as such, held responsible for the delinquencies of their ancestors, in the probate system of Michigan. Rynearson v. Turner, 8.

absolute devise of entire estate, 18 (1).

Description-in a deed; cured by aid of local inquiries, 304 (5).

of articles in bill of sale, 491 (1, 2).

of petitioner in proceedings for partition, 304 (2).

of proposed drain in petition therefor, 540 (1).

Detroit-charter provision for lien for city taxes, 272 (5).
DEVISE AND LEGACY.

1 A bequest to the children of a specified person, or to their survivors, to be placed at interest by the executor and equally divided when they become of age, and providing that if any of them die under age, leaving children, the children shall take their shares, provides for an accumulation to be distributed at the times specified; and the probate court has no power to require the executor to advance money from the fund. But such advances, if necessary

to the support of the beneficiaries, may be made by the circuit court in chancery on a proper original application. Knorr v. Millard, 542.

2 A child unborn at its parent's death is a competent legatee under the parent's will, and its interest under the will vests at the testator's death, possession only being postponed. How. St. §§ 5529, 5546. Chambers v. Shaw, 18.

8 A will giving to the testator's wife all his real estate, lands, tenements, etc., together with all his chattels, personal moneys, credits, etc., that shall remain after discharging his legal debts; to have and hold the same in sole possession and to enjoy the sole use and benefit thereof during the term of the legatee's natural life; provided, that any heir afterwards born shall receive out of such property or out of its proceeds or annual income all needful and proper support, maintenance and education during minority, and shall at age receive half the property, or the whole, if the legatee named be dead, is held, (1) to dispose of the entire estate, real and personal, without leaving any portion to be dealt with under the Statute of Descents or of Distribution; (2) to bestow it absolutely upon the wife and expected children. Id.

4 A man after deeding some land to one of his sons in consideration of the latter's relinquishing all claims of inheritance, made a will in which his wife and another son were the only legatees specifically named. He provided that his wife should have the use of $7000 until this son became of age, when the son was to have $2000 of it. When the mother died the remaining $5000 was to revert to the estate and the son was to share in it" with the rest of my heirs." Held that this clause practically revoked the former arrangement by which the other son was excluded from any right of the inheritance, and entitled him not only to a share in the $5000 but in any surplus for distribution. Turner's Appeal, 398.

Directors-control management of corporation, 438 (1).
Discharge of debt, by composition of creditors, 405.
of guardian, justified by receipt from ward, 432 (3).
of mortgage; forgery thereof; good faith, 535.

Disclosure-in garnishment, before jurisdiction is acquired, 394 (4).
in garnishment; when insufficient, 476 (3).
Discontinuance-affecting costs on appeal, 474 (1, 2).
Discretion to award costs on appeal, 474 (1, 2).

in denying new trial, 575 (1).

to permit amendment of return to capias, 26 (5).

held by trustees jointly cannot be exercised severally, 174 (5). Dismissal of appeal, for defective affidavit, 409 (2).

of bill, makes receiver a mere bailee, 484 (1).

of bill of review to set aside foreclosure sale, 489 (4).

of creditor's bill to enforce contribution, 8 (3).

of garnishment proceedings, 640 (1).

Dissolution-of attachment; special proceedings, 164 (1-4); 165 (2).

of partnership; effect on subsequent causes of action, 14.

of partnership; subsequent statements of partners, 112 (3).

Division-of appellate court equally, affirms. 329.

of townships; notice of application for, 517 (1, 3).

Divorce-residence acquired for divorce purposes, 117 (2). amendment of divorce bill, 429 (2).

impeachment of decree in collateral suit, 94 (6, 7).

Documents-evidence by letters in suit for breach of promise, 337 (3, 4).

DOWER.

1 A man and woman lived together, as if they were husband and wife, for twenty years and had thirteen children. Then they sepa