*For composition of Court during period covered by Vol. 74, see Vol. 68, page iii.

+ Appointed to fill vacancy caused by the death of Mr. Justice CAMPBELL ++ Appointed to fill vacancy caused by the resignation of S. V. R. Trowbridge.

iii

(Jan. 1, Mar. 5, May 7, July 2, Sep. 3, Nov. 5, 1890.)

SUPERIOR COURT OF GRAND RAPIDS, EDWIN A. BURLINGAME. (Mar. 10, May 12, Sep. 8, Dec. 8, 1890.)

Negligence-Verdict held properly directed for defendant, no negligence being shown on its part.

ALPENA NATIONAL BANK V. GREENBAUM,

Bills and notes-Money collected by a bank president on securities held in trust by him for payment of notes held by the bank, belongs to the bank, which is bound to collect and apply it pursuant to the trust, and cannot sue indorsers on such notes.

ALPENA TOWNSHIP, TURNBULL v.,

AMES, HAMILTON V.,

ANDREWS V. JUDGE OF PROBATE OF OTSEGO COUNTY,

Elections-Act No. 293, Laws of 1887, providing for recount of ballots on petition of candidate who intends to contest election, held too defective to be carried into execution, unless by common consent.

APPLEMAN V. MYRE,

Log-lien suit-Lien cannot be found upon logs not described in writ or declaration-Lien for labor on mass of logs

V

PAGE

730

695

28

369

157

621

298

278

359

Appleman v. Myre-Continued.

belonging to different owners, cannot be enforced in
whole upon a portion of the logs separately seized, the
contract for driving not being a joint one.

PAGE

Evidence-After admission without objection of a certain
class of testimony, the remainder resting on the same
grounds, should be admitted-Verbal contract made on
verbal understanding that it should conform to the terms
of a written paper, may be shown to have agreed with
or differed from the writing, according to the facts.

ARMS SHINGLE & LUMBER CO., RICHARDS V.,

Detroit poor commission-Act No. 273, Laws of 1887, revoked the authority of its members to act as superintendents of the poor of Wayne county-Such authority was again conferred by Act No. 326, Laws of 1889-Quo warranto-Demurrer to respondent's plea of title-If sustained, but prior to such decision his right to the office is fixed by valid legislation, final judgment should not be rendered against him on his plea, etc.

AUDITOR GENERAL V. SUPERVISORS OF SHIAWASSEE CO.,

Taxes-Loss upon sale of State tax lands on "five-year list,"
is not a proper charge against the county-Interest-
Legally chargeable to the county upon taxes charged back
-Moneys paid for use of county for the benefit of the deaf
and dumb-And upon annual balances due the State.

AUDITORS OF WAYNE CO., ROULO V.,

AVERILL V. PERROTT,

568

57

733

536

.

129

Constitutional law-Act No. 435, Local Acts of 1887, in so
far as it attempts to deprive justices of the peace of Bay
City of concurrent jurisdiction with the police justice in
cases not cognizable by justices under the general stat-
utes, is unconstitutional.

Libel and slander-Question of pleading, discussed.

296

44