Principal and agent-Question for the jury on facts of

Mandamus-Boundary-stream bridges-See Township Board
v. Supervisors, 75 Mich. 264.

48

606

Money advanced by a son to his father towards erecting a
building, is decreed a lien on the premises, enforcible by
a sale in the same manner as upon a foreclosure of a
mortgage in chancery.

OTSEGO WATER-POWER COMPANY, HEFFELMAN V.,

117

290

121

P.

PELTON, BEARINGER V.,

PEOPLE V. KEIR,

Municipal corporations-Provision that no ordinance shall
take effect before one publication thereof, held to mean
that such publication is a condition precedent to enforce-
ment of ordinance-Under a charter giving council power
"to prohibit and prevent incumbering or obstructing of
streets," etc., "with vehicles, animals," etc., city may
prohibit wagons standing in the streets for the purpose
of selling produce, and with no intention of moving
until it is sold.

PERKINS, CITY OF GRAND RAPIDS V.,

109

98

93

1

86

50

Arrest Of an alleged prostitute by a police officer on mere suspicion that she is plying her vocation upon the street, no act being committed in his presence indicating that she is there for that purpose, is illegal.

Draw-bridge-Used for railroad and wagon road purposes -Wheels supporting the draw are held not to be a part of the roadway, so used, under an agreement by a railroad and a bridge company to severally keep in repair the roadway which it used, while all other portions of the bridge were to be maintained by them in common.

PORT HURON TOWNSHIP, POTTS v.,

POTTS, TOWNSHIP OF PORT HURON V.,

POWERS, CHESEBRO V.,

POYER, HUTCHINSON V.,

PURDON V. SELIGMAN,

Statute of limitations-How. Stat. § 8724, which allows suit within two years after the discovery of a cause of action which has been "fraudulently concealed" from the knowledge of the plaintiff, construed.

PAGE

255

426

435

435

472

337

132

RAJNOWSKI V. DETROIT, BAY CITY & ALPENA RAILROAD COM-
PANY,

Abatement-Assignment of plaintiff's interest in suit, to
secure her attorneys, is not a bar to its continued prose-
cution in her name.

RANDALL, STROBRIDGE LITHOGRAPHING COMPANY V., .

Judgment creditor's bill-Answer only treated as an affi-
davit, when used in opposition to motion for a receiver,
before the time for replying has expired-Affidavits may
be read to meet matters set up in avoidance in answer-
General assertion in answer that defendant has property
liable to execution, and which might have been levied
upon, is insufficient-Return of execution unsatisfied, is
conclusive upon the defendant on hearing of motion for

80

334

681

195

10

Rankin v. Rothschild-Continued.

receiver on bill and answer, before the time for replying
has expired-Circuit court of county where assignee of
judgment resides has jurisdiction - Assignee need not
cause second execution to be issued and returned nulla
bona after the assignment, where such action has been
taken by assignor-If one of two joint judgment debtors
as to whom an execution has been returned unsatisfied,
is asserted by his co-debtor in his answer to be insolvent,
he is not a necessary party to such suit, there being no
dispute as to the amount due complainant.

RANNEY V. DONOVAN,

Statute of frauds-Evidence of a verbal option to sell land
is competent where no question arises as to the enforce-
ment of a conveyance under it-Receipt presented to
creditor for signature, which is refused-Creditor may
state its contents in suit to recover debt-Real estate
broker-May receive compensation from two parties whom
he merely brings together, although each was ignorant of
his employment by the other.

RHODES, FULLER V.,
RIPLEY V. CASE,
Pleading-Money paid without consideration is recoverable
under the common counts-"M. C. R. R." is the recog-
nized name of the Michigan Central Railroad-Evidence
-Absence of past-due coupons is some indication that a
coupon-bond is not in default-If a bond, which has
nothing in its general looks to raise suspicion, is falsely
represented as belonging to a certain known kind, and is
purchased honestly on such recommendation, it is a fraud
to so transfer it.

PAGE

318

36

126

SEBERT V. CITY OF ALPENA,

Highways-Statute requiring same to be kept in repair
applies to defects in construction as well as to neglect to

165

Sebert v. City of Alpena-Continued.

PAGE

repair-Dangers surrounding traveler at night should be taken into consideration by municipal authorities-Roadway is required to be kept in a reasonably safe condition -Whether such roadway requires use of entire width of street, depends upon the necessities of travel in any given case, of which the proper authorities must take notice, at their peril.

Bills and notes-Agreement by one of three joint makers with the payee, by which two-thirds of the note is to be collected of his co-promisors, and the remaining onethird of said maker, which payment is made by them, but not in reliance upon such agreement, of which they are ignorant, will be enforced.

Delivery-Recording mortgage by mortgagor, which record is assented to by all parties in interest, renders manual delivery unimportant-Especially is this so, as between the parties, where the object of the record is to defraud creditors-In this case a mortgagor is held estopped from questioning the validity of a mortgage given for that purpose, as against an innocent purchaser-EjectmentIf homestead rights are involved, wife is a necessary party.

Mortgage-Conditioned for the payment of a given sum to each of several mortgagees-Delivery to one, held a delivery to all-Security of each is confined to the sum named in the mortgage which it creates as a new principal-On the foreclosure of such a mortgage, payment of the proved debts should be decreed from the proceeds of the sale-Personal liability clause-Absence of from decree is no ground for appeal, unless its non-existence is declared -Deficiency-Jurisdiction to decree payment of is limited to cases where mortgage is given to secure a written obligation, capable of legal enforcement, and not outlawed-New hearing, after deficiency is reported, must

50

132

234

627

Shelden v. Erskine-Continued.

be had-Decree for payment made in advance of sale can fix no rights-Statute authorizing decree for payment of deficiency does not contemplate a case where there are several complainants who hold the mortgage jointly, but have no general right to any of the debt secured.

PAGE

234

334

Mechanics' lien law of 1887-Judgment under, in so far as it establishes personal liability, affirmed.

STREET RAILWAY COMPANY OF GRAND RAPIDS, LITTLE V.,
STROBRIDGE LITHOGRAPHING COMPANY V. RANDALL,

Partnership-Liability of new partner on notes given in
renewal of notes of original firm-Agreement to accept
notes of original firm, held by new partner, who had
retired from the firm, and discontinue a suit against all
of the partners on the renewal notes, may be pleaded in
bar by the retiring partner-Court may direct jury to
retire, and ascertain amount of interest recoverable by
the prevailing party, if satisfied that the verdict, as
announced, does not include such interest.

Jury-Peremptory challenge after jury is sworn-Refusal to allow, not error-Note given in renewal of one which is paid, which is its sole consideration, is void for want of consideration.

TICE V. BAY CITY,

Constitutional law-Act No. 264, Laws of 1887, providing
for the recovery of damages for injuries sustained by

438

124

209