People v. Johnson-Continued.

public streets of a village, in such a manner as to disturb its good order and tranquillity, commits a breach of the peace-If done in the presence of an officer, the guilty party may be arrested without a warrant-Officer cannot act upon information received from a third person, where the act was committed out of his sight. PEOPLE V. LEWIS....

Municipal corporations-Smoke ordinance-Held not invalid
for exempting dwelling-houses and steam-boats from its
operation-Right to enact sustained.

PEOPLE V. LITTLE..

Municipal ordinances-An ambulance is held to be within
the terms of an ordinance prohibiting the driving of any
horse, carriage, sleigh, or other vehicle faster than six
miles per hour.

PEOPLE V. MOORE..

Criminal law-Exception, based on an objection to testi-
mony for which no reason is given, and the ground of
which is not reasonably apparent, will not be consid-
ered.

PEOPLE V. MOORMAN....

Pharmacy law-Physicians who compound or sell drugs
and medicines to others than their patients, contrary to
its provisions, are liable thereunder-License fees must
be uniform, and apply to all persons of each of the
designated classes alike.

PEOPLE V. PARTRIDGE..

Criminal law-Information for rape, with count charging indecent assault, etc., under Act No. 153, Laws of 1887-Conviction of latter offense acquits of the formerIf such conviction is not warranted by the evidence, the judgment must be reversed, and prisoner discharged. PEOPLE V. ROBINSON..

Criminal law-Confessions of respondent - If question whether freely made is fairly submitted to the jury as an issue of fact, evidence of confessions is competentAct No. 245, Laws of 1881, making respondent a com

PAGE

273

125

134

433

243

415

People v. Robinson-Continued.

petent witness, repealed Act No. 125, Laws of 1861, permitting him to make an unsworn statement to the jury-Respondent is subject to same rules as to crossexamination as any other witness-Absence of respondent's counsel when further instructions are given to the jury-Not reversible error, where it is impossible to secure such attendance, and the instructions are taken down by the reporter, and are unobjectionable. PEOPLE V. WAGNER....

PAGE

594

Municipal corporations-Ordinance regulating the manufacture and sale of bread sustained.

PEOPLE V. WITTELSBERGER.

594

PEOPLE'S MUTUAL BENEFIT SOCIETY, VORHEIS V..

31

PFIRRMAN V. WATTLES.

Warranty deed—Title of minor heirs, afterwards acquired by grantor at guardian's sale, inures to the benefit of his grantee, who can recover only nominal damages for breach-Foreign guardian-If probate court acquires jurisdiction to license sale of real estate by, validity of sale cannot be attacked in collateral proceedings by one not claiming through or representing the wards.

PFORZHEIMER, DEMPSEY V...

PINNEY, SMITH V.....................

254

652

484

PROBATE JUDGE OF KALAMAZOO COUNTY, MUNGER V..
PUTNAM V. RUSSELL.......

... 363

389

Quitclaim deed-Conveys only the grantor's interest (Peters v. Cartier, 80 Mich. 124)-Contemporaneous verbal agreement of grantor, to refund proportionate share of purchase price if title to a portion of the land fails, cannot be shown by grantee.

R.

RANDALL, WEBBER V..

58

PAGE

REED V. REED...

Divorce-Alimony-Award of $2,000 held reasonable. RICHEY V. DAEMICKE..

Warranty-Exhibition of testimonials on a sale of goodsIs not a warranty that goods shall conform to the testimonials, unless vendor guarantees that goods shall equal their praise-Guaranty attached to a bill of goods will not be considered the entire contract between the parties, when the contrary is conclusively shown. RIPLEY V. CASE....

False representations-Though innocently made, give right of action to injured party.

RITCHIE, VARDEN V....

ROATH, PALMER V..

ROBINSON, PEOPLE V..

Ross V. BARBER.....

Removal from ward-Provision that it shall create a
vacancy in the office of alderman-Applies where such
removal is effected by legislative change in the bounda-
ries of the wards of a city.

RUSSELL, PUTNAM V..

600

647

261

197

602

415

380

389

S.

SAULT SAVINGS BANK LOAN & TRUST COMPANY, BOLLES V.... 229 SEMPLINER, SIMON V.....

SHAW V. CANFIELD..

Trustees-All must join in execution of trust, unless a
less number are authorized to act-Permission by two
to a third to extend the term of a lease and collect the
rents gives no authority to purchase a house on the
leased premises.

SHOWMAN V. LEE

Fraudulent conveyances-Taking mortgage in excess of
debt is a badge of fraud-Becomes a fraud in law if
purpose is to protect mortgagor's interest from other
creditors-Honesty of one of two mortgagors will not

136

1

556

Showman v. Lee-Continued.

avail-Parol testimony-Is admissible to show to whom
a deed or mortgage ran, and, if material, the custodian
of the papers-Damages-Measure of in trover by mort-
gagee against attaching creditor is the market value of
the goods at the time of seizure, not exceeding lien-
Invoices of goods are not the best evidence of such
value-Market value of general stock of drugs is the
cost of replacing it with a like stock at the time of
seizure.

SIMON V. SEMPLINER...

Adjournment-Verbal consent to by parties to suit in
justice's court, held valid-Action of clerk of defendant's
attorneys held binding on them.

PAGE

136

S. K. MARTIN LUMBER COMPANY, CITY OF MUSKEGON V....... 625 SMITH, HUTCHINSON V.......

SMITH V. PINNEY..

Ancient Order of Foresters-Action by trustees against
ex-treasurer held not shown to have been authorized by
the subsidiary high court-Unincorporated society-Suit
for benefit of society by member or members not main-
tainable, unless authorized by terms of agreement
uniting members-Amendment to declaration-Will be
regarded as having been made after judgment if it
might have been made before on motion.

SOVEREIGN v. MOSHER..

Evidence-If testimony is conflicting as to agreement for
scaler, evidence of other scales is admissible, and may
be considered by the jury in case they find against such
agreement-Scale of one end of logs in reliance upon
measurements made by an assistant at the opposite end,
which he called off, as also any apparent defects, is
incompetent evidence, in the absence of proof that the
measurements were correctly made and defects correctly
reported-Taxes-Held a proper set-off in a suit upon a
logging contract.

SPOON V. CHICAGO & WEST MICH. RAILWAY COMPANY.

Railroad companies-Mortgage of road will not attach to 86 MICH-C.

145

484

36

309

Spoon v. Chicago & West Mich. Railway Co.-Continued.

a sidetrack built upon adjoining land under an agreement that it should be the property of the land-owner. STAFFORD, COOK V.......

PAGE

163

STANDARD LIFE & ACCIDENT INSURANCE COMPANY, COOK V...
STANDARD LIFE & ACCIDENT INSURANCE COMPANY, TRAVIS V..

554

288

Bills and notes-Assignment by payee to one of several
joint makers-Only right conveyed by indorsement of
assignee before maturity is to bring suit for contribution
-Appearance of assignee's name as one of the makers
is sufficient notice to indorsee-If assignment destroys
negotiability of note, suit may be brought by assignee
in his own name under the statute-If not, indorsement
of note in blank by assignee, and its delivery to third
party, entitles him, as holder, to bring suit in his own

name.

STOCKING, VAN BUREN v..

STRONG V. EHLE

Mortgage-To secure purchase price of land conveyed to a
father, at whose request it was stated in the deed that
the land was deeded in trust for his infant son-Inter-
est of son held subordinate to mortgage lien, which cer-
tainly attached as a vendor's lien for the unpaid pur-
chase money.

STURGIS, ARGUS V..

SULLIVAN V. DEITER....

Trial-Misconduct of counsel.

SULLIVAN V. HALL......

Certiorari-Appellate court will not presume that there was no evidence to support the judgment where the justice returns that the plaintiff was sworn in his own

549

305

246

42

344

404

7