Hamilton v. Ingham Circuit Judge-Continued.
how and when he acquired such right, calls for infor-
mation he is not required to give.
HANLEY, LAWRENCE V.
HART V. CAIN......
HAYWARD V. Kinney............
Mortgage-Execution purchaser is a proper party defendant in a suit to foreclose the mortgage-If holder of tax title is made a defendant, and the complainant fails to show any other claim on his part, the bill will be dismissed, with costs, as to such defendant-Writ of assistance will not be awarded to dispossess an execution purchaser who also claims under tax titles-Delay of nearly twenty years in commencing foreclosure suit held excused under facts of this case-Life-estate-Condition following grant of life-estate prohibiting its conveyance by the grantee is held a condition subsequent, if effectual for any purpose, and to defeat the estate only at the election of one who has a right to enforce it.
HENRIQUES V. YPSILANTI SAVINGS BANK.............
Bills and notes-Notes not enforcible, as against a surety, unless in the hands of an innocent holder, received by a bank as additional security to the maker's dishonored note-Bank is not such innocent holder, and equity will enjoin the collection of the notes.
Condemnation proceedings-Disagreement of jury-Mem-
bers cannot sit as jurors in new proceedings to con-
demn the same land for the purposes mentioned in the
first petition-If such a juror denies having formed or
expressed an opinion as to the necessity of taking the
land for public use, and the contesting party is igno-
rant of his having acted as a member of the former
panel until after the close of the second proceedings, a
new trial will be awarded.
HESTER V. COMMISSIONERS OF PARKS AND BOULEVARDS OF
DETROIT..
Costs-No authority for awarding either witness or attor
Hester v. Commissioners of Parks, etc., of Detroit-Continued.
ney fees in condemnation proceedings under act relating
to parks and boulevards in the city of Detroit.
HINE, LINDNER V...
HOLDEN, FISHER V................
HOOSE V. PRESCOTT INSURANCE COMPANY OF BOSTON....
Fire insurance-Clause requiring indorsement of the con-
sent of the company on the policy if the building stands
on ground not owned in fee-simple by the assured-
Held to apply to changes in ownership arising after its
delivery and acceptance where policy failed to define
the interest of the assured, who informed the agent
that she held under a land contract.
HUEBNER, CITY SAVINGS BANK OF DETROIT V..
HURST V. DETROIT CITY RAILWAY..
Damages-Pecuniary injury must result from the wrong-
ful act, neglect, or default of another causing death to
warrant a recovery under How. Stat. § 8314, which
must be alleged in the declaration, and shown by the
evidence-The measure of damages where the deceased
was an infant is limited to his prospective earnings
until of full age-Such damages must be specially
pleaded, and established by the evidence-Right of
action under How. Stat. § 8314, and that which sur-
vives under Act No. 113, Laws of 1885, for negligent
injuries to the person, are separate and distinct causes
of action, and cannot be combined by amending a
declaration counting upon the first named statute.
INGHAM CIRCUIT JUDGE, HAMILTON v..
IN RE APPEAL OF EMIL MOORES..
Will-Devise to husband held subject to son's legacyPurchaser from husband is chargeable with notice of what an examination of the probate records would have disclosed-Gets no better title than the grantor had to convey-Estate held not to have been closed so as to bar legatee's following land for the payment of the legacy.
IONIA COUNTY SAVINGS BANK V. MCLEAN..
Fraudulent conveyances-An assignment by an insolvent
debtor of a life insurance policy payable to his estate,
with intent to avoid the payment of his debts, is void
as to creditors-Want of knowledge by the creditors at
the time the debts were contracted that the debtor held
such a policy is immaterial-Life insurance-How. Stat.
§ 4238, protecting from the claims of creditors the
money payable on a policy taken out for the benefit of
the assured's wife or children, does not cover an assign-
ment to them of a policy payable to his estate-Parent
and child-An adult daughter cannot enforce a claim
for services rendered while living with her father as a
member of his family, and without any contract for
hire, against him or his estate.
JACOBS V. LAKE SHORE & MICHIGAN SOUTHERN RAILWAY
COMPANY.
Negligence-Plaintiff is held to have accepted the risk of
sleeping in a caboose-car, etc.
JENISON, VILLAGE OF GRANDVILLE V..
KALAMAZOO HACK & BUS COMPANY V. SOOTSMA..
Railroad companies-Use and occupancy of portion of
depot grounds-Cannot be given to one hack and bus
company, to the exclusion of others engaged in the like
business of the carriage of passengers and freight to
and from its depot.
Evidence-Civil suit for assault and battery-Plaintiff, on
his redirect examination, may give the abusive, insult-
ing, and profane language which he admits, on his
cross-examination, to have used towards defendant
prior to the assault-Defendant may be asked, for the
purpose of impeachment, if he has not stated that he
meant to have killed the plaintiff, and would do so if
he had it to do over again-Under a plea of self-defense,
the defendant must satisfy the jury that he acted hon-
estly in using force to repel the plaintiff's attack-Jury
are to consider the reasonableness of the means made
use of.
KINGMAN & COMPANY V. DENISON..
Chattel mortgage of after-acquired property-Will not
cover goods ordered before its execution, and which
never actually came to the mortgagor's possession as
owner-Question of delivery is for the jury in a suit by
the vendors to enforce a claimed right of stoppage in
transit.
Jury-Refusal to permit the defendants in a negligence
case to operate the machinery by which plaintiff was
injured, in the presence of the jury, is not an abuse of
discretion, it appearing that its construction had been
altered since the accident-Practice in circuit court-
Attention of court should be called to questions not cov-
ered by the charge if a party desires instructions on
those points-Life expectancy-Measurement of damages
by.
Bill to cancel deed-Conditions imposed by grantor upon
its delivery are held to have been fully performed by
the grantee.
LAKE SHORE & MICHIGAN SOUTHERN RAILWAY COMPANY,
JACOBS V..
LAKE SHORE & MICHIGAN SOUTHERN RAILWAY COMPANY,
THOMPSON V..
Vacancy in office-Not created by the death of a person elected to the office of auditor of Wayne county before
Lawrence v. Hanley-Continued.
he has qualified, and before the expiration of the term
of the incumbent-In such a case the full term must be
filled by a special election-Title to office-Will be set-
tled by mandamus when a person in office de jure et de
facto is interfered with by one whose lack of title is
plain under the decisions of the Supreme Court.
Bohemian oat note-Action to recover damages for its transfer to a bona fide purchaser-Declaration held not to state a cause of action.
LENAWEE CIRCUIT JUDGE, Wood v.
Attorney and client-Receipt by client of money due on
judgment, and indorsement of satisfaction on execution,
estop him from denying the authority of the attorneys
to act for him in its procurement-If the original
employment is not shown, such acts amount to a ratifi-
cation of their acts in the premises-Lien of attorney
attaches to the money payable on such judgment, and
to moneys received by the client on its compromise—
Client is liable to his attorney if he settles the judgment
in such a way as to deprive the attorney of his costs
and fees-Practice in Supreme Court-Requests to charge
appearing in the printed record, but not in the bill of
exceptions, which does not show that any exceptions
were taken to their refusal, will not be considered.
LITTLEFIELD, CORBETT V.......
Mortgage Fraudulent action of father in securing the foreclosure of mortgages upon land, the title to which was in his infant daughters, as heirs of their mother, in order to cut off their rights-Case involves the questions of redemption, recording laws, notice, and goodfaith purchasers.
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