GRAVES, HOAG V..

Guta v. Lake SHORE & MICHIGAN SOUTHERN RAILWAY COMPANY.

Negligence-Attempting to cross a railroad track without looking to see if a train was approaching, held contributory negligence in this case.

H.

HAGADORN V. STRONACH LUMBER COMPANY.

Statute of frauds-Does not apply to sales made entirely upon the credit of a third person, with his knowledge of such fact-Taking possession of a portion of the goods by his agent for the reason, as stated, that his principal would have to pay for them, may be shown, as tending to support claim that goods were sold on credit of principal, and that he so understood it.

HAINES, MEADE V..

HAMILTON V. PLAINWELL WATER POWER COMPANY..

PAGE

628

.... 21

Pleading-Several items of damage arising from the same cause may be recovered under one count, if defendant is responsible for that cause.

HAMILTON, TATE V..

HANNAN V. WESTCHESTER FIRE INSURANCE COMPANY.............

Fire insurance-See Hannan v. Williamsburgh Insurance
Company.

221

561

HANNAN V. WILLIAMSBURGH CITY FIRE INSURANCE COMPANY.. 556

Fire insurance-"Occupied as a dwelling-house"-Idea that some part of the building may be used as a stable not necessarily excluded.

HARRIS PHOTOGRAPHIC SUPPLY COMPANY V. FISHER...

Pleading-Facts taking a case out of the statute of frauds need not be averred in the declaration, being matters of proof-Both the delivery and acceptance of personal property must be established by the vendor, where sale is otherwise within operation of the statute-Acceptance of 81 MICH-B.

136

Harris Photographic Supply Co. v. Fisher-Continued.

goods by vendee, who refuses to perform a verbal contract for the conveyance of land in exchange therefor, renders him liable for their value.

HARTMAN, KNIGHT V..

HEBBARD, BARKER V..

HELMS V. DOUGLAS...

Bohemian oat note-Purchased before maturity, without
notice or knowledge of the scheme or plan of the sale of

the oats, nor of the consideration for which note was
given-Purchaser may recover on the note, the evidence
not showing that such scheme or plan of sale had become
public at time of its purchase.

HILL, CARTER V.

HOAG V. GRAVES..

Principal and agent-Subagent-Agent's liability for acts
of, discussed.

HODGES V. BAGG.....

Justices' courts-If docket entries returned on special appeal
show jurisdiction to render the judgment, they cannot be
impeached by justice's return to matter set up in affi-
davit for such appeal-Dismissal of case for non-appear-
ance of plaintiffs may be recalled where, within the
statutory hour, the justice ascertains that plaintiffs had
appeared by counsel.

HOLLAND, SMITH V.........

PAGE

462

267

442

275

628

243

471

HOTCHKISS ESTATE, WILSON V...

172

HOUSEMAN, KENT COUNTY AGRICULTURAL SOCIETY V...............
HOVEY V. Gow..

609

314

Sale of lumber-Provision in contract that lumber should belong to the vendors until shipped, in the spring of 1889, and when so shipped should be free from taxes-Lumber held to belong to vendors until shipped, and not assessable to vendees for tax of 1888.

HOWES V. MIKESELL..

Ruled by Clark v. Mikesell.

51

HOWES, PEOPLE V..

HUBEL V. RORISON.

Coroner-Can serve process only where the sheriff is himself a party, or directly interested in the suit. HUNTINGTON V. GAULT....

Malicious prosecution-If facts are undisputed, question of
want of probable cause is one of law-Plaintiff fails to
show want of probable cause, where defendant made the
criminal complaint on the advice of the prosecuting
attorney after placing before him all of the facts upon
which it was predicated.

I.

IN THE MATTER OF THE APPEAL OF LOIS MCCARTY..

Petition for appointment of administrator-Question of the
validity of a bequest cannot be litigated on the hearing of.

PAGE

396

41

144

460

IN THE MATTER OF ESTATE OF ALZINA J. PAGE..

IN THE MATTER OF WIXAM PARKS..

Criminal law-Prisoners, fairly and legally convicted, will not be discharged from confinement, because of technical defects in the record of their sentences or commitments. IONIA CITY, MOON v..

581

240

635

J.

JACKSON V. COLE...

Evidence-Wife may testify to assignment to her by her
husband of a claim in a suit for its recovery brought after
his death-Practice in Supreme Court-Stipulation by the
parties, without the knowledge or consent of appellant's
attorney, to discontinue a case after its submission, and
for an affirmance of the judgment, without costs, will
not be treated as valid by the Court.

JOHNSON, PEOPLE V......

JOSLIN, OLD NATIONAL BANK v.

JUNE, ANTCLIFF V..

440

573

413

477

K.

KAISER, LONG v.

KALKASKA CIRCUIT JUDGE, FLETCHER V......

KALKASKA TOWNSHIP v. FLETCHER.

Taxes-Attached personal property is assessable to the owner,
and not to the attaching creditors.

KENDRICK V. BEARD....

Conditional sale-Clause in purchase-money note that the property is to be holden to the payee as security for the payment of the note, is not so certain as to import a mortgage and not a conditional sale-Parol evidence is admissible to show that the title was not to pass until the property was paid for as explanatory of the doubtful language.

KENT COUNTY AGRICULTURAL SOCIETY V. HOUSEMAN.

Constitutional law-Provision limiting life of corporations to thirty years does not apply to county agricultural societies-Non-user-Doctrine of does not apply to such a society, where its lessee holds annual fairs, and its directors and officers continue to perform their duties-In absence of an election such directors and officers hold over-The president and secretary of such a society are ex officio directors-Act No. 378, Local Acts of 1885, authorizing complainant to dispose of its grounds, is a valid enactment.

KIPP V. LAMOREAUX.

Sale-How. Stat. § 6190, avoiding sale where possession is retained by vendor, unless shown to have been made in good faith, and without intent to defraud creditors, construed-Burden on purchaser to show such saving factsWife or husband not exempt from such burden-Retention of possession is conclusive evidence of fraud unless contrary intent is shown-Proof that purchase was made for a valuable consideration, and with intent to pass the title absolutely, not enough-Participation by vendee in fraudulent intent of vendor unnecessary-Where there is an actual change of possession, burden of proof is upon attacking party to show fraudulent intent.

PAGE

518

186

446

182

609

299

KLEIN V. BAYER...

Mortgage-Act No. 133, Laws of 1885, providing for attor-
neys' fees on the foreclosure of mortgages by advertise-
ment, is not retroactive-Prior to such statute, mortgagee
had no right to include an attorney's fee of any amount
on such a foreclosure-If payment of such a fee is insisted
upon as a condition to redemption, sum paid may be
recovered in a proper action-Fraud and fraudulent repre-
sentations-Duty of court to explain to jury what they
can consider in determining question of, and to point out
what they are, and define what kind of representations
would be fraudulent-Proof of defendant's good char-
acter for honesty and integrity in suit to recover money
claimed to have been paid by reason of his fraudulent
representations is inadmissible.

KNIGHT V. HARTMAN...

Land contract-Vendee held a tenant at will, and entitled
to statutory notice to quit-Non-exercise of election to
declare a forfeiture for three months, held in this case
to create a tenancy at will or by sufferance.

PAGE

233

462

L.

LAKE V. NOLAN...

Evidence-Grantee of deceased husband is not disqualified as a witness in a suit by the widow to set aside the deed and secure her dower interest in the land-Delivery of deed-Held to have been made after husband's death, and that widow is entitled to dower.

112

LAKE SHORE & MICHIGAN SOUTHERN RAILWAY COMPANY, COLE V. 156 LAKE SHORE & MICHIGAN SOUTHERN RAILWAY COMPANY,

EDWARDS v..

364

LAKE SHORE & MICHIGAN SOUTHERN RAILWAY COMPANY, GUTA V. 291 LAMB, REDDING V......

318

LAMOREAUX, Kipp v..

299

LATIMER V. BARMORE..

592

Contempt proceedings to enforce civil remedies-Petitioner must have been served with process or have submitted