Tinker v. Board of Public Works-Continued. city charter requiring the concurrence of a majority of TOLEDO, ANN ARBOR & NORTH MICHIGAN RAILWAY Co., RAGON V..--- TOWNSHIP OF BLAIR, LELAND V........ TOWNSHIP OF EXETER, LA DUKE V.. TOWNSHIP OF WALKER, Kuhn v. TRUFANT, ROBINSON V. PAGE 265 612 450 306 410 597 TULLER V. CITY OF DETROIT.. Ejectment-Will lie against a city for land condemned for use as a public street, and in actual use for that purpose-Condemnation proceedings-Irregularities in, which might have been taken advantage of by an appeal, cannot be set up in an action of ejectment by a land-owner, if the court had jurisdiction of the subject-matter and of the person of the plaintiff-Act No. 281, Local Acts of 1883, is constitutional-Notice by publication to a non-resident, as required by the act, is sufficient. TURNER V. MUSKEGON MACHINE & FOUNDRY CO... Practice in circuit court-Where an objection to a question is sustained, counsel should not be permitted to state to the jury what he proposes to prove-SaleSubject to right of vendee to test the machine sold, to determine whether or not he will accept it-Vendee may avoid liability by notifying vendor at the expiration of the time given in which to make the test, or within a reasonable time thereafter, of his non-acceptance-Acceptance will be implied from his failure to give such notice-Agreement to commence the test "as soon as possible" means a reasonable time, having 166 PAGE Turner v. Muskegon Machine & Foundry Co.-Continued. regard to the vendee's situation at the time, and the facilities and material he has to commence the test. TURNER V. MUSKEGON MACHINE & FOUNDRY CO...... Costs-Amount paid stenographer for daily copies of the testimony, procured in contemplation of its use in settling a bill of exceptions, and used for that purpose and for the purposes of the trial, may be taxed as a part of appellant's costs, if he prevails in the Supreme Court. 634 U. UNDERWOOD V. NEWAYGO CIRCUIT JUDGE... 626 Mandamus-Is not the proper remedy to review an order UNION BANK V. HANISH.. Garnishment-Garnishee who wrongfully assumes to be 404 UNION SCHOOL-DISTRICT OF ROGERS TOWNSHIP V. PARRIS.... 593 Schools and school-districts-Supervisor cannot refuse to assess school taxes directed to be spread upon his assessment roll by the board of supervisors. V. VAN DUSAN V. GRAND TRUNK RAILWAY CO.. Railroad companies-Rule requiring the production of a VAN DUSAN V. VAN DUSAN Divorce-Evidence of marriage-Ruled by Rose v. Rose, VAUGHN, DEYO v.. VILLAGE OF OSCODA, LUMBER Co. v.. 439 70 1 221 VILLAGE OF STURGIS V. FLANDERS. Taxes-How. Stat. § 2939, confers a right of action upon a village for the collection of real and personal taxes during the lifetime of the tax warrant-How. Stat. § 2952, which authorizes such an action after the return of the tax warrant, applies only to personal taxes. VOIGHT V. DREGGE... Street railways-Stockholder not relieved from liability for PAGE 546 322 Taxes-To pay the uncollected portion of a former assessment, ordered to be made to pay the amount then due upon township bonds-Mandamus will not lie to compel their assessment until after the sale for delinquent taxes Wayne County Savings Bank v. Supervisor of Roscommon of the lands upon which the former assessment was WEBSTER V. PEET Equity pleading-Assertion by bill of a broader claim than the facts disclosed therein justifies is immaterial, if the facts upon which relief is granted are sufficient to justify the decree-Waste-Cutting timber not for the purpose of husbandry or clearing, and in denial of the rights of the complainants in a bill filed to restrain the commission of waste, constitutes waste-Such cutting is sufficient in itself, in the absence of denial, to justify the inference that the defendant is liable to continue to commit waste, and to authorize the issuance of the injunction prayed for-Deed to trustee to satisfy the claims of creditors-Grantor has a right to redeem and to a reconveyance before the execution of the trust, upon payment of claims, whether deed is treated as an irrevocable power to convey and dispose of the land for the purposes of the trust, or as a mortgage, requiring foreclosure. WEIDEN, CITY OF GRAND RAPIDS V. PAGE 326 82 WEINBERG V. REGENTS OF THE UNIVERSITY OF MICHIGAN..... 246 Public buildings-Statute requiring contractor to give bond for payment of labor and material claims does not apply to the defendant corporation. WESTERN TRANSPORTATION & COAL CO., McEACHERAN V.... 479 WILKINSON V. ESTATE OF BAXTER.. Mortgage Statutory foreclosure-Prior to enactment of 3 How. Stat. § 8515a, it was illegal to include any attorney's fee in the amount for which the land was soldIf so included, and retained by the attorney of the mortgagee, and there has been no redemption, the owner of the equity of redemption may sue the mortgagee to recover the same, as a surplus arising on the sale- Owner of a levy upon such equity, at whose request the sale has been allowed to ripen into a title, which he has 536 PAGE Wilkinson v. Estate of Baxter-Continued. purchased of the mortgagee in hostility to the title of WILKINSON, PENWELL V... WOLCOTT V. HOLCOMB.. Elections-Inmate of Soldiers' Home who, at the time of his admission, had a legal residence in a township other than that in which the home is situated, is not a legal voter in the latter township-Inspectors of election must receive a voter's ballot if he takes the oath that he possesses the constitutional qualifications. Z. 110 361 ZEHNER, BRENNAN V. 146 CASES. 98 |