MUIR 0. JUDGE of SUPERIOR COURT OF DETROIT. Bond: Con-

dition: Obligors: Defects.—Functus officio.

PAGE.

266

NASH, COE 0.

259

PENINSULAR RAILWAY Co. v. DUNCAN. Railroads: Corporations:

Preliminary subscribers: Articles of incorporation:

Stock:

Assessments. Statute construed: Subscribers.- Subscription:

Mutual promise: Contracts: Consideration.-Corporators.-

Payment of five per cent.: Credit: Implication-Declaration :

Recital: Demurrer.-Commissioners on subscriptions: Assign-
ing stock: Original corporators.—Subscription paper: Indefi·
niteness: Identity.
PENINSULAR RAILWAY Co. v. THARP. Corporations: Consolida-

130

506

213

269

197

PEOPLE 0. MARION. Informations: Uttering a forged instrument:

Specifying the forgery.- Variance.-Allegation of specific forgery. 255

PERKINS 0. KEATING. Appeals in chancery: Final order.
PETERSON. HUBBARD. Order: Acceptance.-Practice.
PROUT . WILEY. Infancy: Minor's deed: Disaffirmance: De-
lay: Statute of limitations.-Evidence: Equitable estoppel.—
Subsequent conveyance: Entry.-Equity pleading and practice:
Condition of relief.

PURKISS 7. BENSON. Description: Boundaries: Evidence: Res

gesta: Conversation.-Statements.- Construction of deed.-Public

road:

Street:

Plat.-Charge to the jury.-Highway:

RICHARDSON, Hardwick v.

ROWE. ROWE.

Certiorari: Motion to dismiss: Practice.-Discre-

tion.-Double application.—Custody of children: Interested par-
ties.-Circuit court commissioners: Judicial powers:
corpus.-Statute construed: Chamber powers.

Record entry: Statutes.-Inferences: Evidence: Presumptions.-
Register: Clerical omission.-Finding of facts: Final judg-

PAGE.

STEWART . BAILEY. Guardian sales: Sale bond:

Probate pro

ceedings: Ejectment: Bona fide purchaser.

251

ST. GEORGE'S SOCIETY OF DETROIT, Burton v.

261

ST. JOSEPH Co. VILLAGE FIRE INS. Co., VAN BUREN v.
SUMMERS v. BROMLEY. Foreclosure: Adverse title.-Bill:

898

Subse

503

289

506

427

SWIFT v. BARBER. Promissory notes: Interest: Alteration.-Rate

of interest: Authority to make alteration.-Assent. TAFT, MARQUETTE & ONTONAGON R. R. Co. v. THARP, PENINSULAR RAILWay Co. v.

UNDERWOOD, HARWOOD v.

VAN BUREN v. ST. JOSEPH Co. VILLAGE INS. Co. Insurance: Policy: Application: By-laws: Mortgaged property: Value.Mortgagee: Mortgagor's interest: Contract.-Owner.-Insurance companies: Agents: Notice.-Presumptions: Applicant.Extent of incumbrances: Notice to agent: Waiver.-Extent of mortgages.-Warranty.-Amount of mortgages: Materiality to

the risk.

Waldron v. HarrING. Promissory notes : Guaranty of collection:
Statute construed.-Remedial statule.-Existing contracts.-Par-
ties: Declaration: Amendment.
WALRATH V. CAMPBELL. Replevin: Damages: Lien: Value:
Appraisal: Evidence.-Official character.-Statute construed:
Religious societies: Mortgages.-Name: Identity.-Considera-
tion: Fraud: Case made: Practice.- Order of proof.-Pastor:
Salary: Services: Quantum meruit.
WATERMAN v. SEELEY. Equity jurisprudence: Quieting titles:

Possession.-Resulting trusts.-Intention: Payment.—Presumptions: Donation: Advancement.-Evidence.

898

493

111

77

WEISS v. WHITTEMORE. Libel: Declaration: Matter of inducement: Innuendo: Certainty.-Damages: Agency: Salary.Loss of trade.-Loss of profits: Allegation of damages-Publication: Newspaper: Malice: Actionable per se.—Slander. WEST . LARAWAY. Married women: Personal liability: Separate property: Statute construed: Contracts: Surety for husband.-Intent: Consideration.-Agreement: Wife's promise.Evidence: Agreement to abstain from prosecuting.-Promissory notes: Liability of married women.- Equitable doctrine of charges on wife's separate property: Action at law under the

366

464

264

866

164

WILLARD, LOVELL v.

WILLETS

D.

MANDLEBAUM. Title: Possession: Intendments: Laches.-Ejectment: Remedy in equity.-Ancient probate proceedings: Presumptions.-Territorial law construed: Register of probate: Partition.-Recital: Deed: Order: Evidence.Jurisdiction.-Partition proceedings: Parties.-Remedy: Ap

peal.

PAGE.

346

521

OCTOBER TERM, 1873.

Michael Harrison v. Joseph Sager.

Practice: Costs. This court, having reversed the judgment of the circuit court on an appeal from a justice's court, on the ground that the circuit never acquired jurisdiction, for the reason that the judgment of the justice was void and therefore not appealable, refused costs of the circuit to the plaintiff in error, in whose favor the defective judgment of the justice was rendered.

Heard and decided October 7.

Error to Kalamazoo Circuit.

Motion for costs of the circuit.

Sager sued Harrison in justice's court. The cause was tried and submitted, and the justice took five days to consider and then rendered judgment for defendant. Sager appealed to the circuit, where defendant moved to dismiss the appeal for the reason that the justice had lost jurisdiction before he rendered judgment, and that therefore the circuit did not obtain jurisdiction through the appeal. This motion was denied, and the parties proceeded to trial on the merits, which resulted in a verdict and judgment for the plaintiff. The defendant thereupon brought the case to this court on error, alleging as error, among other things, the denial of his motion to dismiss. This court, holding this error well assigned, reversed the judgment of the circuit on that ground (see 27 Mich., 476), with costs of the supreme court, but not ordering a new trial.

O. T. Tuthill, for plaintiff in error, moves for an amendment of the judgment of this court so as to give him costs of the circuit.

Edwards & Sherwood, contra.