7. Comp. L. § 6717, in allowing the recovery of treble damages by
one who has recovered judgment of restitution in forcible entry
proceedings, contemplates that single and treble damages may be
recovered under the same count. Id.

8. Whether the damages allowed by Comp L. § 6717 in addition to
the treble damages for forcible entry and detainer, are not such as
may have accrued before the act complained of-Q. Id.

9. Where the measure of damages for the conversion of timber by cut-
ting it down, is restricted to the actual value of the timber, the
party guilty of the conversion cannot complain. Wood v. Elliott,

320.

10. Damages for personal injury include everything of which the per-
son recovering them has been deprived as a direct and natural con-
sequence of the injury. Huizega v. Cutler & Savidge Co., 272.
11. Damages cannot be assessed by the Supreme Court in a case at law,
but must be found by the court below; and if not so found, or if
the finding settles no basis of fact which will fix the amount, the Su-
preme Court has no means for entering judgment. Carmichael v.
N. W. Mut. Ben. Ass'n, 494.

12. Recoupment is, in effect, a cross-action; and it cannot be enforced
against one who, like an infant, could not be compelled by an inde
pendent action to respond for damages. Widrig v. Taggart, 103.
for non-performance of contract: BILLS, &c. 8,-p. 186.
on contract of carriage of goods: CARRIERS 2,-p. 558.
for injurious exercise of option: ASSUMPSIT 5,—p. 558.
for not making promised loan: ASSUMPSIT 2,-p. 232.
for assault in protecting possession: ASSAULT,-p. 153.
for expulsion from church: RELIGIOUS SOCIETIES 2,-p. 137.
for personal injury; necessary averments: ERROR 11,-p. 601.
from personal injury: MASTER, &c. 6-8,-p. 272.

for selling worthless note and mortgage: EVIDENCE 2,—p. 189.
for vexatious appeals: APPEAL 6,-p. 475.

excess remitted after review: JUDGMENT 8,-p. 427.

Death-of trustee; successor: TRUSTS 2, 3,—p. 623.

not defeating appointment of guardian: GUARDIAN, &c. 1,—p. 223.
Debtor and Creditor-assignment void as against creditors: EQUITY 11,
-p. 230.

neglect to enforce demand: PRINCIPAL AND SURETY 1,-p. 312.
estoppel from calling on surety: ESTOPPEL 3,-p. 312.

promise not to collect debt: PRINCIPAL AND SURETY 2,—p. 312.
sale of devised lands to pay debts: EXECUTORS, &c. 5,—p. 360.
security by means of assignment of MORTGAGE 7,-p. 229.
settlement of account: SETTLEMENT 4, 5,-p. 291.

transfer of exempt property not to be attacked: ACTION, &c. 1,—
p. 492.

Deceit-in adjusting accounts; EQUITY 1, 2,-p. 446.

Decision-withholding, to allow motion for dismissal: APPEAL 4,-p. 88.
Declaration-necessary averments: AssUMPSIT 3,-p. 116.
sufficiency of counts: ERROR 10,-p. 263.

objections to sufficiency of: PLEADING 2,-p. 246.

amended to change date: PLEADING 9,-p. 466.

amended as to defendant's name: BILLS, &c. 9, p. 113.

as indorsee of note with void interest clause: PLEADING 5,-p. 416.

on policy of INSURANCE 6,-p. 245.

for damages, averments wanting: ERROR 11,-p. 601.

for injury; with special count for conversion: TROVER 5,—p. 608.

for malicious prosecution: MALICIOUS PROSECUTION,-p. 463.

for price of goods sold by firm: PARTNERSHIP 4,—p. 585.
for railway injury: PLEADING 4,—p. 628.

660

Decree.

INDEX. Descent and Distribution.

Decree-not set aside for superfluities: EQUITY 11,—p. 230.
Dedication-of plat; non-acceptance: WAYS 1,-p. 21.
Deed-construed as mortgage: MORTGAGE 1, 2,-p. 105.

by mortgager to person making payment; MORTGAGE 9,-532.
wife's refusal to unite in: LICENSE, p. 636.

of sheriff, on foreclosure: APPEAL 3,-p. 313.

of sheriff on foreclosure, filing of: MORTGAGE 19,-p. 335.
perfected by conveyance of equity of redemption: MORTGAGE 21,—
p. 812.

decree for rescission of: VENDOR, &c. 7,-p. 167.

in fraud of riparian rights: FRAUD, &c. 5,—p. 277.

See COVENANT.

Defamation-See LIBEL AND SLANDER.

Defeasance-separate from conveyance: MORTGAGE 1, 2,—p. 105.
Defects-in pleadings: MALICIOUS PROSECUTION; PLEADING 3,-p. 463.
in sheriff's certificate of sale on EXECUTION 11,-p. 453.

Defence against replevin, assumption of: VENDOR, &c. 9,—p. 298.
Defendant-impleading improper defendant: APPEAL 2,—474.
Degrees of murder, as shown by verdict: CRIM. LAW 13,-p. 423.
of negligence; for jury to consider: NEGLIGENCE 1,-p. 628.
Delegation-of powers by PROSECUTING ATTORNEY 3, 4,-524.
Delivery-proved by signature: BILLS, &c. 10,—p. 426.
surety's intention as to: BILLS, &c. 13,—p. 426.

under contract, without protest: VENDOR &c. 5,-p. 497.
objections to tardiness: VENDOR, &c. 4,—p. 590.

DEMAND.

1. Demand need not precede an action of replevin for goods, the tak
ing of which by defendant constituted a trespass, unless the trespass
has been satisfied or the plaintiff is estopped from asserting it; but
where the wrongful taking arises out of contract relations, and de-
fendant holds in good faith, demand is necessary. Adams v. Wood,
411.

2. Demand and refusal, before bringing replevin, will not make de-
fendant's lawful possession unlawful. Id.

as preliminary to action: AsSUMPSIT 3,-p. 116.
when necessary to show: REPLEVIN 1,-p. 411.
of goods sold: SALE 2,-p. 411.

for which lien is held: LIEN 10, 11,-p. 378.

of property on which lien is asserted: LIEN 9,-p. 378.
interest running from time thereof: INTEREST 2,-p. 184.
Demurrer-in equity: See EQUITY 9,-p. 446.

for impleading improper party: APPEAL 2,-p. 474.
to petition to enforce mechanics' lien: LIEN 3, p. 573.
Denial-of delivery only, by affidavit: BILLS, &c. 10,-p. 426.
of excution of note: BILLS, &c. 11,-p. 563.

of sheriff's indorsement on EXECUTION 6,-p: 453.

by witness; of arrest for crime: WITNESS 8,-p. 613.
Deposit-certificates of: BANKS &c. 1, 2,-p. 36.
DEPOSITION.

Where notice is duly given of the filing of a deposition and no motion
is made to suppress it nor any objection to it filed or served on the
opposite attorneys, it is too late to question its regularity at the hear-
ing. Palms v. Richardson, 84.

fee for taking deposition: OFFICE, &c. 2,-p: 125.
DESCENT AND DISTRIBUTION.

Under the Statute of Distributions the husband of a woman who dies
intestate is entitled to one-third of her personalty, or to one-half if
she leave but one child or a father, mother, brothers, sisters, or their
issue. No individual, under any circumstances, takes any larger

Descent and Distribution.

interest than the husband.
Pangborn, 29.

Comp. L., § 4377, subd. 7. Breen v.

Detroit-abolition of central station court: COURTS 4,-p. 548.
Disability-of married woman to contract: HUSBAND, &c. 1, 2,—p. 160.
Discharge of lien for redemption from tax sale: LIEN 1,-p. 618.
of mortgage by assignee: MORTGAGE 8,-p. 532.

of surety, promise of: ESTOPPEL 3,-p. 812.

of surety, by extension of time: PRINCIPAL AND SURETY 2,-p. 312.
from liability on covenant of warranty: MORTGAGE 21,—p. 312.
of employee: ASSUMPSIT 1; MASTER, &c. 1-4,-p. 539.
jury must be legally discharged: CRIM. LAW 12,-p. 610.
of person convicted of murder: CRIM. LAW 16,-p. 200.
of prisoner for wrongful challenge: CRIM. LAW 12,-p. 610.
Discretion-abuse of, in excluding particulars: PLEADING 8,-p. 8.
as to allowing parties to be examined: WITNESS 2,-p. 88.
as to striking out evidence in divorce suit: TRIAL 8,—p. 88.
in receiving testimony as to fraud: BILLS, &c. 12,—p. 566.
vested in PROSECUTING ATTORNEY 2, 3,-p. 524.

of legislature as to introducing bills: CONST. Law 2,—p. 129.
of overseer of highways: WAYS 4,-p. 347.

Dismissal of appeal from justice's court: APPEAL 9,-p. 100.
of divorce bill pending decision: APPEAL 4,-p. 88.

of bill in aid of execution: COSTS 1,-p. 149.

of bill to enjoin collection of drain tax: DRAINS, &c. 2,-p. 639.

of bill to set aside cloud on title: EQUITY 10,-p. 453.

of common-law action is ground for error: ERROR 2,-p. 5.

of employee: ASSUMPSIT 1; MASTER, &c. 1-4,-p. 539.

of garnishment proceedings for laches: GARNISHMENT 4,-p. 113.
of writ of error in certiorari proceedings: ERROR 1,-p. 171.
of writ of error on judgment of restitution: TRESPASS 3.-p. 263.
of writ of error leaves judgment operative: ERROR 13,—p. 263.
Dissolution of firm; notice to purchaser: PARTNERSHIP 4,-p. 585.
of firm; remedies of partners: PARTNERSHIP 2, 3,—p. 480.
of relations as LANDLORD and Tenant 5,-p. 482.

Distress of stray cattle, legality thereof tested: REPLEVIN 2,-p. 605.
Distribution of highway labor: WAYS 4,-p. 347.

See DESCENT AND DISTRIBUTION.

Division-of townships: COUNTIES 1; MUN. CORP. 1,-p. 544.
Divorce-proceedings; effect on HOMESTEAD 3,-p. 576.

examination of parties to suit: WITNESS 2, 3,-p. 88.

taking testimony in divorce suits: WITNESS 2, 3, 6: TRIAL 8,-p. 88.
See HUSBAND AND WIFE.

Docket-erasure of entry of appearance: COSTS 3,-p. 462; JUSTICE,
&c. 2,-p. 461.

must show jurisdiction: JUSTICE, &c. 1,-p. 452.
Documents-proof of: EVIDENCE 1,-p. 298.
production of: TRIAL 3, 4,-p. 298.

to impeach witness: WITNESS 1, p. 373.
refusal to produce: TRIAL 5,-p. 324.

Domicil-removal of goods to purchaser's domicil: SALE 3,-p. 298.
DOWER,

A married woman's release, to her husband, of her dower right,
if made for a good consideration and without fraud or improper
dealing, is binding, in view of the married woman's act permitting
wives to dispose of their interests as if single. Rhoades v. Davis,
306.

DRAINS AND SEWERS.

1. A warrant for the collection of drain taxes is bad if the taxes are not
so spread upon the assessment roll as to identify the drain for which

662 Drains and Sewers.

INDEX.

Election.

each is levied, in order that each fund may be kept separate, and
specific drain orders be paid from the proper fund. Dunning v.
Calkins, 557.

2. A bill to set aside proceedings to establish a drain, and to enjoin
the collection of the drain tax, was properly dismissed where com-
plainant had joined with others in releasing the right of way, had
bid off part of the work, had neglected to inform himself as to his
interests, and had delayed to file his bill until the whole tax had
been collected except his share and that of one other objector.
Harwood v. Drain Com'r, 639.

3. In an action against a highway officer for injury caused by a
ditch which he has dug, defendant cannot complain of an instruc-
tion that he would not be liable unless the ditch brought upon the
plaintiff's land the drainage of a greater area than was drained upon
it before. Cubit v. O'Dett, 348.

right to cut: WATERS, &c. 3.—p. 347.
DURESS.

1. A person arrested on capias could not get bail, and, on giving the
plaintiff secured notes, the latter consented to his discharge. The
arrest was caused in good faith for an injury which plaintiff sup-
posed had been done by defendant, and the notes were taken in sat-
isfaction of the injury, though they did not fully compensate it.
Held, that a bill would not lie for the cancellation of the securities
on the ground that they had been obtained by duress. Prichard v.
Sharp, 432.

2. The purchaser of goods sent a draft for less than the price demand-
ed, and the vendor accepted it, but afterwards claimed that it was not
in full payment. Held, error to permit the jury to consider whether
the acceptance was not made under financial duress, there being no
evidence as to the vendor's financial condition. Peter o. Thickstun,
590.

as ground for annulling marriage: HUSBAND. c. 3. p. 607.
confessions made under duress: EVIDENCE 9, p. 612.

Easement-appurtenant to homestead. SPECIFIC PERF.,-p. 467.
East Saginaw-assessment of city taxes; MUN. CORP. 4,-p..120.

EJECTMENT.

1. Ejectment will not lie for land adjoining plaintiff's premises but on
the other side of a fence which for twenty years the adjoining own-
ers and occupants have treated as the boundary between their lots.
Comp. L. § 7137. Call v. O'Harrow, 98.

2. The statute forbidding ejectment to be brought for mortgaged
premises before foreclosure does not apply to mortgages given be-
fore its enactment, and under which the purchase made at the fore-
closure sale passed the title to the purchaser, even though the fore-
closure were ineffectual. Baldwin v. Cullen, 33.

3. Defendant in ejectment filed a claim for improvements at the prop
er time but it was informal and insufficient. Two years after the
suit was put at issue, but three years before it was brought to trial,
he filed a claim that was in due form, and no motion was made to
strike it from the files, nor did plaintiff object that it was not served
on him or brought to his notice. Held, that as a motion to amend
the first claim should have been allowed, if made, the second claim
should have been treated as an amendment, and evidence should
have been received under it. Van Den Brooks v. Correon 48 Mich.
285, distinguished. Id.

adverse homestead rights: HOMESTEAD 4,-p. 158.

a possessory remedy: Real Actions 1,-p. 155.

Election-notice of, dispensed with: OFFICE, &c. 1,—p. 129.

to treat lease as void: LANDLORD, &c. 5,-p. 482.

Enforcement of-lien, reasons against: EXECUTION 7,—p. 453.
Entry-in docket of JUSTICE, &c. 1,-p. 452.

of appearance, erasure of: Costs 3,-p. 462; JUSTICE, &c. 2,-p. 461.
of judgment for damages in Supreme Court: DAMAGES 11,-p. 494
of judgment, amendment of: CRIM. LAW 7,-p. 423.

EQUITY.

1. The misrepresentation to a public board of facts which they can
ascertain and are bound to know as pertaining to their own duties,
but as to which they neglect to inform themselves, does not furnish
any substantial ground for remedial equity. Churchill v. Cummings,
446.
2. Where unsettled accounts between two townships are adjusted by
their boards at a joint meeting, one of the townships cannot after-
ward maintain a bill against the other to set aside the settlement on
the ground that its own board was inferior to the other in ability,
experience or knowledge, or that it was misled by the other as to
the true financial condition of its own township. And the com-
plaining township cannot distinguish between itself and its board
for the purpose of escaping the consequence of the latter's negli-
gence. Id.

3. An octogenarian, who had been living with one of his sons, went
to live with another to whom he gave a general power of attorney
to dispose of his real estate, worth about $5000. He was feeble
and in such condition as to be easily wrought on, and he was in-
duced to convey his land to this son, for an expressed consideration
of $4000, most of which was illusory. He did not understand, how-
ever, that he was absolutely depriving himself of his property.
Such securities as he received in return, from his son, he gave up or
destroyed. Held, on his bill for rescission of the conveyance, that
the son's dealings, especially as they were carried on while acting
in a fiduciary capacity as his father's agent and factotum, were in-
trinsically wrong, and that rescission should be granted; also that
the son had no equity to recover his outlays on his father, as he had
been in possession of the property, and had taken advantage of his
father's residence with him to further his designs. Thorn v. 1 horn,
167.

4. In an accounting between the parties to a joint enterprise, a claim
by one against the other for commissions for making collections in
the joint business is properly disallowed, if there was no express
agreement therefor. Hopkins v. Ruggles, 475.

5. A bill in equity will lie for the double purpose of aiding an exe-
cution and of reaching property that is not open thereto. Beam v.
Bennett, 148.

6. A man fraudulently transferred his property to his son to anticipate
the judgment in a suit pending against him. The son agreed, in
the instrument of transfer, to pay his father's debts to certain bona
fide creditors, and while the action was still pending, executed mort-
gages to them therefor. After the verdict but before judgment he
executed other mortgages to brothers of defendant. Held on a bill
filed by the judgment creditor in aid of execution, that the proper-
ty, relieved of the later mortgages, should be sold on execution, and
that if the proceeds were not sufficient to pay the judgment and the
bona fide claims, they should be applied ratably thereon. Id.
7. One who is not in possession cannot maintain a bill to quiet title,
and an averment in the bill that defendant has entered upon the
premises, and by personal force and violence has prevented com-
plainant from occupying or using them, has the effect of negativing
a fact that is necessary to the theory of the bill. Kilgannon v. Jen-
kinson, 240.