Liquor traffic-Law of 1887 does not cover sales made
upon public waters outside of the shore line of the
adjoining township-Municipal corporations-Boundaries
are fixed by law, and cannot be made to depend upon
the fact that the owners of land within the limits have
rights appurtenant extending beyond such limits.

PEOPLE V. BUSSEY.....

Criminal law-Removal of files from public office-Statute
punishing makes such books, papers, and records the
property of the State-If information describes the papers
alleged to have been removed, it need not allege such
ownership--Information charging respondent with carrying
away "an enrolled decree, containing the bill of com-
plaint, pleadings, and other papers," filed in and belong-
ing to a designated chancery case, sufficiently describes
the other papers, it appearing that they were a part of
the enrolled decree-Testimony that the missing papers
were used as evidence in a criminal case pending against
the respondent, is competent, as tending to show a motive
on his part to take them, his opportunity to do so being
shown, and there being no direct proof of the taking-
Opinion of an attorney that no other person than the
respondent had such a motive, is incompetent testimony
-Prosecuting attorney, who is disqualified by reason of
his interest in a civil suit depending upon the same
state of facts, cannot act, even with the unqualified
consent of the respondent-If respondent is sworn as a
witness, he is subject to any cross-examination which
goes directly to the merits of the case.

PEOPLE V. DETROIT WHITE LEAD WORKS..

Nuisance-The continuance of a business which produces odors, smoke, and soot to such an extent as to injure the health, and taint the food, of the inhabitants will be enjoined-The same remedy may be invoked where

49

471

E

3

22

1

People v. Detroit White Lead Works-Continued.

vacant land adjacent to a manufacturing business is utilized by the owners for residence purposes, to whom its continuance becomes a nuisance-A corporation is subject to prosecution for creating and maintaining a nuisance, as are its officers, though the work is carried on by employés-A city ordinance prohibiting such creation or maintenance is not invalid because the general statutes of the State provide for the conviction and punishment of those guilty of a like offense-Facts found and returned in answer to a writ of certiorari issued to review proceedings leading to a conviction for a violation of such an ordinance, are held to call for an affirmation of the judgment, but the result will not be res judicata in another proceeding in which the evidence and facts are fully presented-Bill in chancery is suggested as the proper remedy in such cases.

PEOPLE V. GOSCH..

Criminal law-A verdict will not be set aside for alleged
improper remarks of prosecuting attorney in his argu-
ment to the jury, unless a clear case of abuse is shown,
whereby the respondent's rights were prejudiced-Testi-
mony of officer to his appointment, and of deputy-
county clerk to its filing, is held competent in this case,
and its admission, on rebuttal, within the discretion of
the court-A supervisor is not disqualified from holding
the office of deputy-sheriff-Names "Amel" and "Amiel,”
and "Brailey" and "Brearley," are idem sonans-Wife
of respondent may be cross-examined upon all matters
relevant to the issue.

PEOPLE V. GOULETTE..

Criminal law-Rule that examining magistrate must spec-
ify the offense for which he holds respondent to trial
does not apply where a lesser crime is included in the
greater one charged, and no request is made for such
special finding-Acts of a female, under the age of con-
sent, are no legal justification for an assault upon her
person.

PEOPLE V. HAWKSLEY.

Criminal law-Direct proof of the corpus delicti cannot

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36

PAGE

283

People v. Hawksley-Continued.

always be obtained-It and the defendant's guilt can rest together on one foundation of circumstantial evidence. PEOPLE V. LAUDER..

Criminal law-Composition of grand jury-Drawing of additional juror after organization of jury, sustained— Fact that such juror acted as stenographer, and received extra compensation, held not to invalidate indictmentPlea in abatement, based upon the fact that the respondent was subpoenaed, and testified before the jury, is insufficient, unless it shows that some one material fact, without which an indictment could not have been found, was alone testified to by him-In the absence of such an averment, the jury will be presumed to have acted upon the competent testimony before them- Respondent's constitutional rights were not violated by his being subpoenaed and appearing before the jury, and testifying upon any non-criminating matter-In the absence of an objection, he will be deemed to have testified voluntarily. PEOPLE V. STIMER.

Criminal law-Order forfeiting a bond given on appeal from justice's court, after denial of motion to quash, cannot be reviewed on writ of error before any further proceedings have been taken in the case-Verdict-Cannot be impeached by jurors' affidavits.

PEOPLE V. VINTON...

Village ordinances-Suits for their violation commenced
by complaint and warrant, under How. Stat. § 2839,
may be commenced and prosecuted in the name of the
people of the State of Michigan-Prosecution of such a
suit to judgment in the name of the village, and, after
its appeal, in the name of the people, unimportant,
especially where no objection is made until after adverse
verdict in appellate court-Objection to appearance of
an attorney, by authority of village attorney who is not
admitted to the bar, to prosecute the case, without a
formal resolution of village council, is properly over-
ruled; no prejudice being shown on the part of such
attorney.

PETERS, GETTY V..........

PAGE

109

17

39

661

GB

09

PAGE

PRINCIPAAL, NEWTON V...

PRITCHARD V. KALAMAZOO COLLEGE..

Mortgage-Assignee of one installment of a mortgage,
is held to hold subject to a second mortgage, given
before his assignment was recorded in place of the first
mortgage, and of another one held by the second mort-
gagee-Assignee is allowed to redeem from a foreclos-
ure of the second mortgage commenced after the record-
ing of the assignment, to which suit he was not made
a party-Decree entered in his favor for redemption
money, and amount of his installment, under which he
may sell the land to satisfy said claims.

PROBATE JUDGE OF MONROE COUNTY, TINSMAN V...

RICHARDSON V. RICHARDSON.

R.

Chancery appeal-bond-Is intended to secure performance
of the decree of the Supreme Court for the performance
of some act or payment of money not otherwise secured
-In fixing penalty of additional bond the Court will
look to the decree appealed from as a criterion-Appellee
not guilty of laches in not moving for such additional
bond during the term at which the transcript is filled,
where there is but one motion day after such filing at
which the motion could be heard.

271

587

562

305

RIDEOUT, HILLSDALE COLLEGE V..

94

RIVERSIDE STORAGE AND CARTAGE COMPANY, MOLL V.
ROBERTS V. MCGUR.....

389

221

Purchase money-Act No. 159, Laws of 1885, subjecting
certain exempt personal property to execution on judg-
ment for purchase money, construed.

ROSE V. PAGE.............

Chattel mortgage-Sale, without notice to mortgagor, is
valid where mortgage provides for a private sale with-
out requiring such notice-If sale is made in good faith,
a mere irregularity will not subject the purchaser or
the mortgagee to an action of tort for the value of the
property, leaving the mortgage debt unpaid.

105

ROUSE V. MELSHEIMER...

Liquor traffic-Liquor dealer held liable to wife for the money or property he receives from the husband in exchange for liquor-Exemplary damages are expressly allowed by the statute to the wife-In estimating such damages, notification to dealer not to sell is an element to be considered by the jury.

RUBERT V. BRAYTON.

Bill to quiet title-Cannot be maintained where complainant has taken and maintained forcible possession for the purpose of filing bill,

RUMBLE, TROUT V................

RUSH, COMMON COUNCIL OF DETROIT V.

RYERS, WEBER V. (two cases)................

S.

SAGINAW CIRCUIT JUDGE, LENHOFF V...
SAYLES V. GENESEE CIRCUIT JUDGE................

PAGE

172

632

202

532

177, 179

Criminal law-Circuit judge has no power to appoint a special prosecuting attorney to investigate a charge of crime, or to conduct an examination before a justice of the peace-Prosecuting attorney only required to prosecute complaints before a justice when requested by that officer to do so.

SCOTTEN, GLOVER V.

565

84

369

SCRANTON & WATSON LUMBER COMPANY, DWIGHT V..
SECRETARY OF STATE, SENECA MINING COMPANY V..............
SEELEY V. O'CONNER-See Wolf v. O'Conner.
SENECA MINING COMPANY V. OSMUN..

624

573

573

Constitutional amendments-Take effect from the time of their ratification by the popular vote-Act No. 129, Laws of 1889, authorizing certain corporations whose existence is about to terminate to direct its continuance for not exceeding thirty years, is constitutional. SHERWOOD V. CHICAGO & WEST MICHIGAN RAILWAY COMPANY

Negligence case-Plaintiff may recover, as a part of his