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REPORT OF CASES
DETERMINED IN THE
SUPREME COURT OF MICHIGAN
OCTOBER 7, 1873, TO JANUARY 27, 1874.
HOYT POST, STATE REPORTER.
BEING VOLUME XXVIII. OF THE SERIES.
HARVARD LAW LIBRARY
W. 8. GEORGE & CO., STATE PRINTERS AND BINDERS.
Entered according to Act of Congress in the year 1874, by
Secretary of State of the State of Michigan, in the office of the Librarian of Congress at Washington,
ISAAC P. CHRISTIANCY, Chief Justice.
BENJAMIN F. GRAVES,
BYRON D. BALL, Attorney General.
HENRY H. COOLIDGE.
ALEXANDER D. CRANE.
FIFTH CIRCUIT, GEORGE WOODRUFF.
NINTH CIRCUIT, CHARLES R. BROWN.
1 Till January 1, 1874. From January 1, 1874. Till January 1, 1874.
JONATHAN G. RAMSDELL.
AUGUSTINE H. GIDDINGS.
BRICHARD W. MELENDY.
EDWARD W. HARRIS.
JUDGE OF THE SUPERIOR COURT OF DETROIT,
RECORDER OF THE CITY OF DETROIT,
4 From January 1, 1874.
5 Till his resignation, December 29, 1878.
Appointed Jan. 21, 1874, to fill vacancy.
OF RULE No. 2, OF THE RULES OF THE CIRCUIT Courts IN CHANCERY.
ORDERED OCTOBER 80, 1874, to take EFFECT FROM and after DeCEMBER 31, 1874,
TO READ AS FOLLOWS:
RULE 2. When the solicitors for adverse parties do not reside in the same city, village or township, service of papers contemplated by these rules may be made on an agent; but if there be no such agent, such service may be made by mail, post paid. Notice of the filing of all pleadings shall be given to the adverse party, except when otherwise provided by these rules, within the time limited for filing the same. But no service of notice in the ordinary proceedings in a cause shall be necessary to be made on a defendant who has not appeared therein.
TABLE OF CASES
REPORTED IN THIS VOLUME.
ABBOTT, FEWlass v.
ALBERT 0. SUTTON. Special appeal: Admissibility of evidence.—
ATTORNEY GENERAL . SOULE. Equity pleading and practice:
BARNARD . MCREYNOLDS.
BAY CITY GAS-LIGHT CO. . INDUSTRIAL WORKS. Riparian
rights: Boundary lines:
line.-Open sea : Rivers. BEARDSLEY, BUTTERFIELD v. BEEBE. KNAPP. Pleadings: Declaration: Deceit: Scienter: Assumpsit: Trover: Misjoinder.-Conspiracy to defraud: Acts and statements of one conspirator: Evidence.-Statements of third person referred to for information.-False representaReliance.-Tender.-Representations : Quo animo.Acts of third person.—Combinations to defraud.―Cross-examination.-Greenbacks: Fractional currency.-Errors that do not prejudice.-Past life and conduct of witness: Discretion.Credit of the witness.-Fraud.-Recklessness.
BENHAM, EAST SAGINAW & ST. CLAIR R. R. Co. v.
BENSON, PURKISS v.
BENTLEY, CAMERON v.
BISSELL . COLLINS. Streets: Cities: Grading: Gravel: Ad-