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MANN'S BOUDOIR CAR Co.. HART MAnuf'g Co. v..

MARSH V. BRISTOL, Forcible eviction of tenant holding over under forfeited lease -In suit therefor, error to admit proof of tenant's poverty and attempts to induce landlord to relieve him from forfeiture Occupancy of building for dwelling-house-Permanent removal of tenant's family, with his approval, ends same-Tenant's sleeping, and keeping portion of household goods mortgaged to secure rent, in buildingNot a residence for purposes of a dwelling-Such occupancy seldom leaves house without some inmate at all hours, and never for any considerable length of time— Forcible entry and detainer act-Prior to its passage, tenant holding over under forfeited lease subject to ejection by landlord, who might use sufficient force to accomplish that purpose-Statute does not make such holding over less unlawful-But, in interest of public tranquility, forbids breach of public peace-Adopts definitions of existing law on the subject of forcible entries, which were already indictable-In absence of forcible entry, statute does not forbid retaining lawful possession by force-Settled in Michigan that unless tenant is driven off by actual force, or as only apparent way of avoiding its use against him at the time, he cannot be regarded as forcibly expelled, and there is no forcible entry-Object of statute not to aid men in violating their obligations-But to prevent riotous and forcible measures in breach of the peace.

Depositions-Commissioner derives power to act from commission-Immaterial whether he had power to act under laws of his own state-Testing scales-Act of Congress establishing uniform weights and measures-Under which states are supplied therewith-Supplemented by chapter 84, How. Stat.-Providing that each county and township shall be furnished with same-And for annual comparison in each township-Furnish the only legal method.

564

378

662

72

360

5

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MCHENRY V. TOWNSHIP BOARD OF CHIPPEWA,

Liquor-dealer's bond-If discretionary power of town board is exercised reasonably and in good faith, mandamus will not issue to compel approval.

MCKINNON, MITCHELL V.,

METROPOLITAN LIFE INSURANCE CO., BROWN v.,
MICHIGAN AIR LINE RAILWAY, BARNES V.,
MICHIGAN CENTRAL R. R. Co, KELLY V.,
MICHIGAN LAND & IRON COMPANY V. TOWNSHIP OF REPUBLIC,
Evidence-Copy of notice of protest sent by mail, with draft
for payment of taxes-Admissible in evidence without
notice to produce the original, where receipt of such notice
by treasurer is shown-Highway tax for 1885 held illegal
where only authority for levying same was a resolution
passed in October, 1885, to raise $1,000 highway tax for
1856, no clerical mistake in recording resolution being
shown-In such a case no presumption obtains against the
record, nor can it be varied or contradicted by parol evi-
dence-Act of Legislature, approved April 3 and taking
effect in September-Detaching land from one township
and attaching it to another-Levy of tax by supervisor of
township from which land was detached-On statements
furnished by supervisor of township to which it was
attached-Whereby rate of taxation was increased-Ren-
ders township so levying and collecting such tax liable to
land-owner for excess, if not for entire tax levied.
MILLER V. Beadle,

Judgment creditor's bill-Fraud not inferred from suspicious
circumstances in face of contrary testimony.

MILLER V. SHARP,

Exception to rejection of testimony-Error cannot be assigned without-Statement by witness that he cannot answer the objectionable question-Makes the error committed one without prejudice-Requests to charge-If court gives portion necessary to inform jury upon law applicable to subjects to which requests relate, refusal to give in form presented not error.

MINDE V. MINDE, .

Divorce-Extreme cruelty.

9

683

306

251

186

628

643

21

633

MINER V. MUTUAL BENEFIT ASSOCIATION OF HILLSDALE,
Corporation-Collection of judgment against-Where execu-
tion is returned unsatisfied, remedy in equity, under How.
Stat. sec. 8153.

MINER V. RODGERS,

PAGE

84

225

Bond-Reciting rendition of judgment against principal, and
stay of proceedings to enable him to settle bill of excep-
tions, etc.-On condition that he give a bond in a given
sum, which obligors agree to pay-Said bond being con-
ditioned for payment of judgment if not appealed from,
and, if appealed from, to pay judgment of Supreme Court
-Held to be a binding obligation-And condition must
control liability of obligors rather than less specific
recital.

Contract providing for deduction, from last payment, of
liquidated damages for breach-Right of party claiming
breach to sue for same, independent of such provision--
Such deduction may be shown on the trial in bar of the
action.

Adverse possession defined-See, also, Cook v. Clinton, 64
Mich. 310, and Beecher v. Galvin, 39 N. W. Rep. 469–
Occupancy of land need not be such as to inform passing
strangers that some one is asserting dominion over it-Nor
need it be cleared or fenced, or have buildings thereon-
Continuous occupation of, as wood lot appurtenant to
farm, held sufficient.

MUTUAL BENEFIT ASSOCIATION, MINER V.,

MYERS V. YAPLE,

Promissory note-Payment as surety-Retention of title to
property sold as security-Subrogation.

670

84

403

Negligence-Evidence of to go to jury-Where this is the only question open to consideration, appellate court cannot weigh testimony or criticise witnesses-If unable to see

288

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Nelson v. Lumberman's Mining Co.-Continued.

that case should not have been submitted to jury, action of
circuit judge in refusing new trial cannot be reviewed—
No more power to review on question of damages than
other elements of decision.

NORTHWESTERn Mutual BENEFIT ASSOCIATION, Stamm v., 317 LOYES V. HILLIER,

Jurisdiction of justice ousted by failing to wait statutory hour in case the defendant fails to appear-Where docket shows such fact, return of justice to certiorari cannot cure error-Log-lien suit-To authorize service of attachment on agent of owner, officer's return should show inability to find owner-Service on return-day insufficient-Does not give party his day in court,

636

Р

PADDOCK, WILCOX V.,
PANGBORN V. SMITH,

Bastardy proceedings-Not strictly civil nor criminal in their nature-Partake of both forms of action-Largely for benefit of complainant--Proceedings before justice merely preliminary to trial of issue at circuit--Where accused cannot appear by attorney alone, but must be personally present-Proceedings purely statutory--Jurisdiction special--No formal issue necessary-Complaint stands as a declaration, to which no plea is required-Facts charged, if not admitted, must be inquired into in circuit court, the issue being the guilt or innocence of the accused--Plea in abatement-Inadmissible after accused has recognized to appear and answer complaint in circuit court.

PENNEY, BEDFORD V.,

PEOPLE V. BREIDENSTEIN,

Under How. Stat. sec. 2270, proof of specific sale or gift of
liquor essential to a conviction-Under How. Stat. secs.
1281, 1286, such proof not required-Proof of carrying on
the business sufficient.

23

1

667

65

To warrant conviction for murder, jury must find beyond a
rea-onable doubt that killing was not done in self-defense

People v. Coughlin.-Continued.

-Burden on people to establish this fact-Sheriff a con-
servator of the peace-No impropriety in his making
criminal complaint, being a witness on trial, and taking
charge of jury.

PEOPLE V. GIRDLER,

Province of jury to pass upon the truth or falsity of evidence, without interference by trial or appellate courtMarriage-Sufficiently shown in criminal case by proof that a ceremony was performed by a justice of the peace, outside of his own county, followed by cohabitation of parties as husband and wife for fourteen years-As valid as if ceremony had been performed by justice of peace of proper county-Objections to testimony cannot be raised for the first time in appellate court-Adultery-When charged, previous conduct of parties material subject of inquiry, if not too remote.

Criminal law-Statute of limitations-Absence from the
State, under How. Stat. sec. 9507, means such as destroys
residence within the State-Distinction between criminal
and civil cases-In former, absence does not prevent
indictment, while it does the bringing of suit in the latter
-Hardship to postpone criminal proceedings until testi-
mony is lost-And long delay in making complaint does
not usually further justice.

In suits against all parties to promissory notes under How.
Stat. secs. 7345, 7346, 7355—No party, unless a joint con-
tractor, can complain of failure to take judgment against
any other joint party-Indorsement of guaranty in blank,
a complete act-If made by holder of title, passes it with
the obligation.

Surety on administrator's bond-Who is forced to pay claims of creditors-May reach real estate purchased by administrator with trust funds, and subject it to payment of such claims-Administrator a trustee as to parties interested in -estate, whose rights and remedies are as broad as in the

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