MANDAMUS CASES PENDING.

SUPREME COURT.

The State of Michigan v. George S. Hosmer, and Morse Rohnert, Judges of the Circuit Court for the County of Wayne. (No. 20,823.) Argued and submitted June 3, 1905. Writ denied September 20, 1905. (12 D. L. N. 493; 104 N. W. 637.) Re-hearing granted October 31, 1905. Re-hearing pending. (This case is in re M. C. R. R. Co. v. State of Mich. charter case, Wayne circuit.)

The Regents of the University of Michigan v. James B. Bradley, Auditor General. No. 21,703.

William L. Thompson v. State Veterinary Board. No. 22,929.

John E. Bird, Attorney General, ex rel. Matthew J. Maguire v. Alfred J. Murphy, Wayne Circuit Judge. No. 23,313. Submitted, April 6. Re-argued, June 15, 1909.

Fidelity & Deposit Company of Maryland v. James V. Barry, Commissioner of Insurance. No. 23,369. Submitted, May 25, 1909.

CIRCUIT COURT.

Chase S. Osborn, Commissioner of Railroads, v. The Detroit Grand Haven & Milwaukee Railway Co. Wayne circuit court. Argued and submitted, Nov. 29, 30 and Dec. 1, 1904.

SCHEDULE "C."

Statement of quo warranto cases and certiorari to review quo warranto

cases.

QUO WARRANTO CASES DISPOSED OF.

SUPREME COURT OF MICHIGAN.

The people of the State of Michigan, by Attorney General on the relation of George E. Ellis, Moses Taggart and Samuel A. Freshney v. John F. Calder, et al. Error to Kent. Quo Warranto to test the right of respondents to act as a corporation under the name of Grand Rapids Hydraulic Co. There was judgment of ouster by the circuit court and respondents bring error. Submitted, January 13. Affirmed, July 13, 1908. 117 N. W. 314; 153 Mich. 724. (Appealed to supreme court of U. S.)

CIRCUIT COURT.

The People of the State of Michigan, ex rel. Charles A. Blair, Attorney General, v. Escanaba Water Company. Delta Circuit. Information in quo warranto to annul the franchise of the water company. Stipulation to discontinue was made in July, 1908.

John E. Bird, Attorney General, ex rel. Edwin G. Johnson, v. Wm. Clark Giberson. Lake circuit. Quo warranto to determine title to office of commissioner of schools. Stipulation to discontinue (without costs) filed Nov. 16, 1908.

QUO WARRANTO CASES PENDING.

SUPREME COURT, UNITED STATES.

The People of the State of Michigan, by Attorney General, on the relation of George E. Ellis, Moses Taggart, and Samuel A. Freshney, v. John F. Calder, et al. Appealed from supreme court of Michigan (see statement in first part of this schedule.)

SUPREME COURT, MICHIGAN.

The People of the State of Michigan by John E. Bird, Attorney General vs. Detroit, Grand Haven & Milwaukee Railway Company.

Quo Warranto to inquire into the right of the railway company to exercise franchises under a claimed special charter.

A history of the proceeding will be found in the report for 1908 (p. 20). This proceeding, together with the tax case pending against the same defendant, appealed from the Ingham Circuit, was heard in the Supreme Court on March 2, 1909.

On June 7, 1909 (121 N. W. 814) the Supreme Court denied the relief prayed in the information on the ground that the same subject matter or cause of action had been previously adjudicated in cases between the same parties.

An application will be made for a rehearing.*

John E. Bird, Attorney General, ex rel. John W. Linnell, v. Joseph E. Gay, et al. Quo warranto to determine by what right the "Evergreen Bluff Mining Company" claims to be a corporation.

CIRCUIT COURTS OF MICHIGAN.

John E. Bird, Attorney General, v. Michigan Sanitarium & Benevolent Association, a corporation. Quo warranto. Calhoun circuit. After the supreme court affirmed the order of the circuit court over-ruling the demurrer, (as shown in the preceding part of this Schedule) the respondent filed its plea and answer in the circuit court in May, and replication was filed in November, 1908.

*NOTE.-Sch. "D", of this report contains statement of the tax case against the same company.

SCHEDULE "D."

Statement of Chancery cases in state courts and cases in equity in United States courts.

CASES IN EQUITY DISPOSED OF.

CIRCUIT COURTS OF THE UNITED STATES.

Thomas C. Platt, as President of the United States Express Company v. Perry F. Powers, Auditor General, et al. No. 3845.

This was a bill filed on behalf of the United States Express Company to restrain the enforcement of the taxes upon its property for the year 1903.

The details of this case are given in the 1908 report (p. 28). A decree has been entered declaring the taxes assessed against the defendant valid in part, which results in practically all of the taxes claimed by the state being collected. The tax of $2,719.37 has been paid to the state treasurer.

CHANCERY CASES DISPOSED OF.

SUPREME COURT OF MICHIGAN.

Elijah Haney v. Archie T. Miller, James B. Bradley, Auditor General, and Elmer E. Gable, County Drain Commissioner. Appeal from Allegan circuit. Bill to redeem from a sale of land for taxes and to quiet title. From a decree dismissing the bill, complainant appeals. Submitted, November 19, 1907. Re-argued, June 2, 1908. Affirmed, July 1, 1908. (Costs to Defendant Miller.) Motion to vacate order for costs. Submitted, September 10, and decree was amended by inserting the words "without costs." Motion for re-hearing denied, December 21, 1908. 117 N. W. 71 and 745; 154 Mich. 337 and 351.

Charles M. Horton v. Salling, Hanson & Company, and James B. Bradley, Auditor General. Appeal from Otsego circuit, in chancery. From a decree for defendants, complainant appeals. Submitted, Novem ber 11, 1908. Reversed, March 3, 1909. Motion for re-hearing submitted, May 11, 1909.*

James W. Harrington v. Edward D. Dickinson, County Drain Commissioner, Frank J. Dibble, County Treasurer, and James B. Bradley,

*Motion for rehearing denied (with costs) July 15, 1909.

Auditor General. Appeal from Calhoun circuit, in chancery. From a decree sustaining a demurrer to the bill, complainant appeals. Submitted, October 14. Affirmed, December 21, 1908. 15 D. L. N. 996; 118 N. W. 931.

John E. Bird, Attorney General, ex rel. Joseph L. Hudson, et al., v. City of Detroit, et al. Appeal from Wayne circuit, in chancery. Bill to restrain the enforcement of an ordinance. From a decree for complainant, defendant appeals. Submitted, June 15. Affirmed, July 1, 1908. 15 D. L. N. 502; 153 Mich. 525.

John E. Bird, Attorney General, ex rel. Allen H. Zacharias, et al., v. Board of Education of the City of Detroit, and Frank E. Doremus, City Controller. Appeal from Wayne, circuit, in chancery. Bill to enjoin payment of an increase of salary to the superintendent of schools. From a decree sustaining a demurrer to the bill, complainant appeals. Sub mitted, June 10. Affirmed, November 30, 1908. 118 N. W. 606; 154 Mich. 584.

Pierre Viaus Maple Co., v. Arthur C. Bird, Dairy and Food Commissioner. Appeal from Delta circuit, in chancery. Bill to enjoin interference with the sale of certain foods.. From a decree overruling a demurrer to the bill, defendants appeal. Submitted, June 8, reversed and bill dismissed, September 10, 1908. Motion for re-hearing submitted, October 9. Motion for re-hearing denied (with costs), November 2, 1908. (Costs collected as shown in Sch. "I.") 117 N. W. 553; 154 Mich. 73.

John E. Bird, Attorney General, ex rel. Allis-Chalmers, Company, v. Public Lighting Commission of the City of Detroit. Appeal from Wayne circuit, in chancery. Bill to restrain acceptance of a contract. From a decree for defendant complainant appeals. Submitted, Nov. 10. Reversed, Dec. 21, 1908. 118 N. W. 935; 155 Mich. 207.

CHANCERY CASES DISPOSED OF.

CIRCUIT COURTS.

David C. Pelton, James H. Tuttle, Robert Robinson, John B. Mc Arthur, Lewis P. Swift and Arthur M. Gerow, v. William Erratt, S. Harris Embury, Myron B. Champion, Caroline Marsh, and Roscoe D. Dix, Auditor General, Cheboygan Circuit, in chancery. Controversy over county treasurer's bond. Stipulation for discontinuance signed, July 30, 1908.

The Pine River Lumber Company, H. N. Loud, George A. Loud, and Edward F. Loud, co-partners, doing business under the firm name of H. M. Loud's Sons Company, and the Detroit Lumber Company, v. Edwin A. Wildey, Commissioner of the State Land Office, Perry F. Powers, Auditor General, Peter E. Shien, State Trespass agent and James L. Sanborn. Iosco circuit, in chancery. Bill for injunction.