AFFIDAVITS See ATTACHMENT; TAXES (32). AGENCY-See PRINCIPAL AND AGENT. AMENDMENTS. Refusal of the trial judge to permit an insurance company, in See CONSTITUTIONAL LAW (4); DEPOT COMPANIES (1); EQUITY APPEAL AND ERROR. 1. Statements by the prosecuting attorney in his argument, al- 2. An objection that the evidence shows the verdict to have 3. Where a chancery case turned entirely upon the credibility of 4. Where, in an action between landlord and tenant, the claim is See HIGHWAYS (1, 2); INJUNCTIONS (1–3); INSANE PERSONS (2); APPLICATION OF PAYMENTS-See PAYMENTS; USURY. ARBITRATION AND AWARD-See CONTRACTS (3); FIRE INSUR- ASSAULT. A conviction under respondent's own testimony might properly be had, in a prosecution for assault with intent to do great bodily harm less than murder, where such testimony is to the effect that he, with no reasonable provocation, knocked the complainant down and kicked him in the head several times, and repelled with a knife the efforts of bystanders to interfere. People v. Williams, 692. ASSIGNMENTS FOR BENEFIT OF CREDITORS-See CHATTEL MORTGAGES (2). ASSUMPSIT - See ACTIONS (2); BAILMENT; PLEADING (1, 2); TELEGRAPH COMPANIES (1). ASYLUMS-See INSANE PERSONS. ATTACHMENT. An affidavit for attachment, which sets up the surreptitious transfer from defendant's place of business to a private residence of a portion of a stock of goods purchased from plaintiff on credit, the disposition of others to personal friends financially irresponsible, the mortgaging of the stock to its full value, and the false representation to other creditors that plaintiff's claim had been paid,-is sufficient to authorize the issuance of the writ, under 3 How. Stat. § 8016a, before the maturity of the debt. E. H. Chase & Co. v. Wayne Circuit Judge, 358. ATTORNEY AND CLIENT. 1. An attorney's undertaking to "secure" for his client her rights in a decedent's estate, in consideration of a stipulated interest in the property so secured, is fulfilled, so as to entitle him to the agreed compensation, where he performs all services necessary to the establishment of his client's rights, although the estate acquired vests in the client by operation of law. Moran v. L'Etourneau, 159. 2. Plaintiff, an attorney, agreed to perform certain services for defendant in and about a suit at law, for which he was to receive no pay until a judgment was obtained and the case settled. After judgment in the client's favor, the money was placed by the adverse party in the hands of attorneys, to be paid over to the judgment creditor. A dispute having arisen meantime over the amount of plaintiff's claim, he brought suit. Held, that it was not premature. Walbridge v. Barrett, 433. 3. The fact that services rendered by an attorney under an agreement to charge what they are actually worth are performed with the further understanding that, unless he recovers judgment in his client's favor, he is to receive no compensation at all, has no bearing in determining the amount to which he is entitled if successful. Id. 434. 4. Evidence tending to show that an attorney, before bringing ATTORNEY AND CLIENT-Continued. suit against a client for professional services, attempted to 5. Refusing an instruction, in an action by an attorney against 6. The Supreme Court will not take judicial notice that the 7. Nor. conceding the identity of the parties, will the court ATTORNMENT-See LANDLORD AND TENANT (2). AUDITORS-See ACCOUNTING (2). BAILMENT. One who leaves property with a bailee, who converts it to BALLOTS-See ELECTIONS (4, 5). BANKRUPTCY-See MORTGAGES (4). BANKS AND BANKING. A bank holding certificates of deposit issued by another bank, in See GARNISHMENT (3). BENEFIT ASSOCIATIONS-See MUTUAL BENEFIT ASSOCIATIONS. BIBLE READINGS. 1. Judicial notice may be taken of the practice, which has obtained for many years in the public schools, of reading from the Bible and offering prayer in the presence of the pupils. Pfeiffer v. Board of Education of Detroit, 560. 2. The use in the public schools, for 15 minutes at the close of each day's session, as a supplemental text-book on reading, of a book entitled "Readings from the Bible," which is largely made up of extracts from the Bible emphasizing the moral precepts of the Ten Commandments, where the teacher is forbidden to make any comment upon the matter therein contained, and is required to excuse from that part of the session any pupil upon application of his parent or guardian, is not a violation of the State Constitution, article 4, § 41, prohibiting the legislature from diminishing or enlarging "the civil or political rights, privileges, and capacities of any person on account of his opinion or belief concerning matters of religion." Id. 3. Nor is it a violation of article 4, § 40, providing that "no money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary, nor shall property belonging to the State be appropriated for any such purposes.' Id. 4. Nor is it a violation of article 4, § 39, providing that "the legislature shall pass no law to prevent any person from worshiping Almighty God according to the dictates of his own conscience, or to compel any person to attend, erect, or support any place of religious worship, or to pay tithes, taxes, or other rates for the support of any minister of the gospel or teacher of religion." Id. BILL OF EXCEPTIONS-See NEW TRIAL. BILL OF REVIEW-See TAXES (31). BOARDS OF REVIEW-See TAXES (1, 41). BOARDS OF SUPERVISORS-See HIGHWAYS (4, 5). BONA FIDE PURCHASER-See TRUSTS AND TRUSTEES (3); VENDOR AND PURCHASER (3). BONDS-See EQUITY JURISDICTION (4); PRINCIPAL AND SURETY; TAXES (19). BOOKS OF ACCOUNT—See EVIDENCE (1); TRIAL (1). BOUNDARIES. 1. Where disputed boundary lines have been established by express agreement, or under such circumstances that an agreement will be implied, and the parties have for any considerable time recognized them, they will be upheld, though title 118 MICH.-45. BOUNDARIES-Continued. by adverse possession could not be maintained. Pittsburgh, 2. Evidence that one of two companies owning land bordering 3. The statute of frauds, which operates to forbid the acquiring See CORPORATIONS (2). BOYCOTT-See EMPLOYER AND EMPLOYÉ (3–6). BRICK, MEASUREMENT OF-See CONTRACTS (2, 3). BRIDGES. 1. Notice to the contractor of a township bridge that it is being 2. One may properly presume, in the absence of any knowledge 3. The question whether a thresher, who sustained damages by 4. In an action against a township for damages caused by the 5. While townships must construct bridges sufficiently strong to 6. Whether a ten-horse traction engine and tank full of water BROKERS-See PRINCIPAL AND AGENT (1). |