MICHIGAN REPORTS.

REPORT OF CASES

DETERMINED IN THE

SUPREME COURT OF MICHIGAN

PROM

OCTOBER 7, 1873, TO JANUARY 27, 1874.

HOYT POST, STATE REPORTER.

VOLUME VI..

BEING VOLUME XXVIII. OF THE SERIES.

HARVARD LAW LIBRARY

LANSING:

W. 8. GEORGE & CO., STATE PRINTERS AND BINDERS.
1874.

Entered according to Act of Congress in the year 1874, by
DANIEL STRIKER,

Secretary of State of the State of Michigan, in the office of the Librarian of Congress at Washington,

1-13-1875

ISAAC P. CHRISTIANCY, Chief Justice.
"BENJAMIN F. GRAVES,

BENJAMIN F. GRAVES,
THOMAS M. COOLEY,
JAMES V. CAMPBELL,
ISAAC P. CHRISTIANCY,

BYRON D. BALL, Attorney General.

CIRCUIT JUDGES.

FIRST CIRCUIT,
DANIEL L. PRATT.

SECOND CIRCUIT,

HENRY H. COOLIDGE.

THIRD CIRCUIT,
JARED PATCHIN.

FOURTH CIRCUIT,

ALEXANDER D. CRANE.

FIFTH CIRCUIT, GEORGE WOODRUFF.

SIXTH CIRCUIT,
LEVI B. TAFT.

SEVENTH CIRCUIT,

JOSIAH TURNER.

EIGHTH CIRCUIT,
LOUIS S. LOVELL.

NINTH CIRCUIT, CHARLES R. BROWN.

TENTH CIRCUIT.
JOHN MOORE.

Associate Justices.

1 Till January 1, 1874. From January 1, 1874. Till January 1, 1874.

ELEVENTH CIRCUIT,
DANIEL GOODWIN.

TWELFTH CIRCUIT,
JAMES O'GRADY.

THIRTEENTH CIRCUIT,

JONATHAN G. RAMSDELL.

FOURTEENTH CIRCUIT,

AUGUSTINE H. GIDDINGS.

FIFTEENTH CIRCUIT,

BRICHARD W. MELENDY.
EDWIN KEIGHTLEY.

SIXTEENTH CIRCUIT,

EDWARD W. HARRIS.

SEVENTEENTH CIRCUIT,
BIRNEY HOYT.

EIGHTEENTH CIRCUIT,
SANFORD M. GREEN.

NINETEENTH CIRCUIT,
SHUBAEL F. WHITE.

TWENTIETH CIRCUIT,
JOHN W. STONE,

JUDGE OF THE SUPERIOR COURT OF DETROIT,
LYMAN COCHRANE.

RECORDER OF THE CITY OF DETROIT,
SWIFT.

GEORGE

S.

4 From January 1, 1874.

5 Till his resignation, December 29, 1878.

6

Appointed Jan. 21, 1874, to fill vacancy.

AMENDMENT

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.—
Return: Ground of ruling.

ATTORNEY GENERAL . SOULE. Equity pleading and practice:
Gifts to charity: Parties: State interference. Will construed:
Charitable uses: Public interest.-Costs.
ATWOOD V. CORNWALL. Evidence: Statements: Counterfeit
money: Identity: Genuineness.-Statements not denied.—Ad-
missions.-Experts: Bankers.-Diligence: Delay: Fraud.—
Negotiable paper: Coin: Legal tender notes: Payment.
BAILEY, STEwart v.
BALLOU, JOHNSON v.
BALUSS, MATter of.
BARBER, Swift v.

BARNARD . MCREYNOLDS.

BAY CITY GAS-LIGHT CO. . INDUSTRIAL WORKS. Riparian
Thread of the stream.-Docking

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.

tions:

BENHAM, EAST SAGINAW & ST. CLAIR R. R. Co. v.

BENSON, PURKISS v.

PAGE.

270

BENTLEY, CAMERON v.

BISSELL . COLLINS. Streets: Cities: Grading: Gravel: Ad-
jacent land-owner.-Highways: Country roads.-Practice:
Referee's report: Finding of facts.
BLAIR, DRESSER v.

153

336

251

379

507

503

411

182

412

53

459

538

520

277

501