MICHIGAN REPORTS.

15°

CASES DECIDED

IN THE

SUPREME COURT

OF

MICHIGAN

FROM

SEPTEMBER 25, TO DECEMBER 7, 1894.

WILLIAM D. FULLER,

STATE REPORTER.

VOL. 102.

CHICAGO:

CALLAGHAN & CO.,

1895.

Copyright, 1895, for the State of Michigan, by Washington Gardner,

Secretary of State.

Rie. Oct. 23,1895

CIRCUIT COURT RULE 85.

As amended July 13, 1895.

Whenever exceptions are taken on trial of a cause to any decision or ruling of the court, the party taking such exceptions shall prepare a brief statement of so many of the facts as may be necessary to show the grounds of such exceptions, and to enable the court above rightly to understand the same, together with all assignments of error thereon, and shall give notice to the opposite party when and where such exceptions will be settled by the circuit judge, which notice shall be for some day during the term at which the trial was had, unless the court or circuit judge shall otherwise order. The bill of exceptions shall contain such parts of the testimony only as are necessary to present the questions of law raised, and shall be in narrative form, unless the trial court shall determine it necessary to a full understanding of the questions that it be set out by questions and (Ordered to take effect September 1, 1895.)

answers.

SUPREME COURT RULE 12.

As amended July 13, 1895.

The party suing out such writ of error shall have ten days after the return-day mentioned therein within which to assign errors. Every assignment of errors on such writ shall be special, and no judgment or proceedings shall be reversed or annulled for any other defect or error than such as shall be thus specially assigned. Copies of assignment of errors and of all pleadings which may be filed in the Supreme Court shall be served within the time limited for filing the same: Provided, That it shall not be necessary to file, serve, or give notice of assignments of error already provided for by Circuit Court Rule 85 as amended. ( Ordered to take effect September 1, 1895.)

SUPREME COURT.*

JOHN W. MCGRATH (CHIEF JUSTICE),

[Term expires Dec. 81, 1895.]

DETROIT.

TERM EXPIRES.

Dec. 31, 1897.

Dec. 31, 1899.

Dec. 31, 1903.

* The Court was composed of the above-named Justices during the period covered by this volume. their residences were as given, but of 1893, they removed to Lansing.

At the time of their election pursuant to Act No. 182, Laws