11. A justice's neglect to make return within ten days after an appeal is perfected does not preclude a remedy on the appeal bond; the default in prosecuting the appeal is that of the appellant, and not of the appellee. Id.

12. If a justice's judgment is for costs only, and is not upon the merits, and does not give defendant any substantial rights, the plaintiff, after appealing from it, may discontinue his suit, and on paying the costs can begin a new suit in the circuit if the case involves the jurisdictional sum. Franks v. Fecheimer, 177.

13. Discontinuance of a suit after appeal is not a discontinuance of the appeal within the meaning of Comp. L., § 5456, which provides that on the discontinuance or dismissal of an appeal a justice shall proceed as if it never had been taken.

ld.

alternative sentence void: CRIMINAL LAW, 12.

jurisdiction, return of service of ATTACHMENT, 2.

appearance as submission to jurisdiction: ATTACHMENT, 3. appraisal and selection of exempt property: ATTACHMENT, 4. cannot protect intervenors' rights in GARNISHMENT, 11. certiorari to, like an appeal: CERTIORARI, 2.

return may show what: CERTIORARI, 1.

costs on appeal: COSTS, 2.

courts of, Act 256 of 1879 not applicable: GARNISHMENT, 2. garnishee's disclosure must be explicit: GARNISHMENT, 7. judgment in GARNISHMENT, 12, 13.

sufficiency of declaration: PLEADINGS, 15.

pleadings liberally construed: PLEADINGS, 16.

technical objection not considered on CERTIORARI, 4.

judgment above against security for Costs, 3; CERTIORARI, 2.

security for costs by non-residents: CERTIORARI, 1.

validity of judgment appeal: RECOGNIZANCE, 1, 2.

transcript of judgment, no GARNISHMENT, 2.

transcript not a judgment of circuit court: Judgments, 5.

JURY.

case not to be taken from: EJECTMENT, 3.

conclusions on inquest of damages: RAILROAD COMPANIES, 6. conducting inquest of damages: RAILROAD COMPANIES, 6. directing attention to evidence: TRIAL, 9.

disagreement not an acquittal: CRIMINAL LAW, 7, 23.
not assumed to have acted improperly: TRIAL, 14.
not presumed to have disregarded proofs: ERROR, 3.
objections to award: EMINENT DOMAIN, 3.

reading remarks of others as part of charge: TRIAL, 10.
"reasonable doubt" defined: CRIMINAL LAW, 6.
scintilla of evidence gives case to: TRIAL, 12.
taking case from: TRIAL, 13.

LABOR DEBTS.

contractors are not "laborers:" CORPORATIONS, 9. declaration against stockholder: CORPORATIONS, 12. declaration for: RAILROAD COMPANIES, 12, 13.

liability of company, how averred: RAILROAD COMPANIES, 13. nature of liability of RAILROAD COMPANIES, 11. of contractor, liability of CORPORATIONS, 11. work done by laborer's team: CORPORATIONS, 10. LABORERS.

unwritten promise by company, no ACTION, 4. LACHES

in bringing in principal defendant: GARNISHMENT, 1.

in complaining of fraud against claimants: ESTATES ETC., 13. in making plat of ditch: DRAINS, 5.

in complaining of proceedings to lay out DRAINS, 6.

in filing bill to revive policy: Equity, 18.

in moving to clear title: EQUITY, 22.

in repudiating deed to agent: EQUITY, 21.

in seeking relief against default: JUDGMENTS, 4.

LAND CONTRACTS: Rights under, 1, 2; Deed, 3, 4; Interest on default, 5; Parol, 6, 7; Rescission, 8-10.

1. Immediate possession and constant occupancy by one who holds under a land contract, operate as full notice of his rights under the contract, so far, at least, as concerns enclosed premises. Seager v. Cooley, 14.

2. Rights conferred by a land contract cannot, as against one in full possession under it, be affected by errors of description whereby deeds from the same grantor to subsequent purchasers are made to cover portions of the same land. Id.

3. Where a deed is given in pursuance of a land contract, it is presumed to secure and perpetuate all rights conferred by the contract, and an intermediate conflicting deed given by the same grantor has no priority. Id.

4. A deed collusively given in execution of a land contract, possession of which was surreptitiously obtained in the absence of the party holding it, is not absolutely void in law as for fraud, as it passes the legal title to the grantee named and the contract purchaser cannot cause it to enure to himself except by showing his equitable right and title as against the grantee; and this showing cannot be made in an action of ejectment. Harrett v. Kinney, 457. 5. A party in default in his payments on a land contract cannot, as a matter of right, discharge himself from all responsibility by tendering or paying simple interest, and become thereby entitled to a deed, especially where the other party has declared the contract forfeited for the default; a court of equity can require compound interest in such cases if justice demands it. And it is not certain that specific performance should be compelled as a matter of law unless the other party has been also in fault. Richards v. White, 622.

6. A parol contract was made for the sale of land and was carried out by giving a deed which was ineffectual for misdescription. The land was afterwards levied upon and sold on execution, and the contract purchaser filed a bill to enjoin an action of ejectment by the execution purchaser, to correct the mistake in the deed, and to have the deed on execution set aside as clouding his title. Held that to entitle complainant to enforce the parol contract as against the owner of the legal title he must show (1) a contract, the terms of which are clear and complete, so that no reasonable doubt can exist respecting its enforcement according to the understanding of the parties, if enforcement seems equitable; (2) such acts of part performance, as, according to equitable principles, will justify its enforcement, notwithstanding the failure to comply with the statute of frauds in making it; (3) the payment of the purchase price. Kinyon v. Young, 339.

7. An oral contract for the sale of land is made valid by part performance. Davis v. Strobridge, 157.

8. When a person who has contracted to sell land proceeds to rescind the contract and oust the other party, the latter may acquiesce and consider it at an end; and as there is a failure of consideration for whatever he has paid on the contract, he may recover it back under the equitable count for money had and received. Id.

9. Interest is recoverable in an action for money paid without consideration under a land contract where the amount recovered does not adequately compensate for damages. Id.

10. Where land is cleared in reliance on a contract for its sale and the contract is rescinded without fault of the party relying on it, and the benefit of the work is appropriated by the other, the latter becomes liable to pay for it. Id.

ejectment enjoined in favor of contract right, EQUITY, 19. evidence of land sale: REAL PROPERTY, 10.

constructive parties to: CONTRACTS, 1.

LANDLORD AND TENANT.

1. A tenant's rights rest upon corresponding rights in his landlord, and so long as he claims the former he cannot dispute the latter. Bertram v. Cook, 396.

2. A defendant in ejectment who has obtained possession by collusion with plaintiff's tenant, is estopped for purposes of recovering pos session, from disputing the plaintiff's title; but the estoppel is not equivalent to an admission of his title in fee. Id.

3. A tenant is estopped from disputing his landlord's title so long only as the lease continues or he holds over; after he surrenders possession he is as free to set up an independent claim to the property as any other person; and any one who comes into possession by the tenant's consent is no farther estopped than he is. Id. lessee's claims when considered in partition: EQUITY, 29, 30. power of lessee of RIPARIAN RIGHTS, 2.

LAPSE OF TIME.

establishes rights based on irregularities: PRACTICE, 2.

LARCENY

during drunkenness, action against liquor dealer: LIQUOR LAWS, 1. information for, must allege ownership: CRIMINAL LAW, 31.

of pocket book: CRIMINAL LAW, 32–34.

sentence for: CRIMINAL Law, 35.

LAYING OUT DRAINS: See DRAINS.

LAYING OUT HIGHWAY: see HIGHWAYS, 2-4.

LEASE.

allegations as to, in partition bill: EQUITY, 30. LEGACY.

acceptance of, by widow: ESTATES ETC., 14, 15.

LEGAL DUTIES.

1. There can be no presumption that a party will hesitate in the prompt performance of a legal duty. Edson v. Gates, 253.

LEGAL HOLIDAY.

saloons to be closed on Christmas: LIQUOR LAWs, 6.

LEGATEES.

cannot enforce trust against residuary legatee: ESTATES ETC., LEGISLATURE.

intent in amendment and repeal: STATUTES, 4, 5. power to fix definitions: CONSTITUTIONAL LAW, 2.

22.

to fix rates of toll for improvements of NAVIGABLE STREAMS, 2. LEGISLATIVE POWER

as to tenancy by curtesy: HUSBAND AND WIFE, 2. LEGITIMACY.

presumption of: HUSBAND AND WIFE, 6, 8.

LEVY

prerequisite to suit on appeal bond: JUSTICES OF THE PEACE, 10. LIABILITY

for injury under gratuitous BAilment, 1.

for omitting to obey MANDAMUS, 5.

not to be enlarged: SURETYSHIP, 2.

for "extras" on sumptuary contract: CONTRACTS, 9.

for labor, to persons hired by contractor: CORPORATIONS, 11.

of administrator, for claims: ESTATES ETC., 16, 17, 19, 20. of committee managing newspaper: EVIDENCE, 9.

of father to son, for expenditures: DOMESTIC RELATIONS, 1. of township treasurer for funds in his control: TOWNSHIPs, 3. on bond for jail limits: SURETYSHIP, 3.

on insurance agent's bond: INSURANCE, 10-13.

on sheriff's bond given to the county: SHERIFFS, on subscription for book: CONTRACTS, 3.

1, 2.

to pay for work in reliance on LAND CONTRACTS, 10. LICENSE.

1. A written agreement permitting the establishment of a dam, granting a right of flowage, providing for a perpetual use and for the settlement of damages, and containing no clause of forfeiture on default, is not a revocable license, but an absolute sale on time for credit. Fitch v. Constantine Hydraulic Co., 74.

2. So far as the parties to an oral agreement for the sale of standing timber execute it in good faith before it is revoked, the sale may, for their protection, be regarded as a license for what has been fairly and seasonably done. Greeley v. Stilson, 27 Mich. 153; Haskell v. Ayres, 35 Mich. 89. Wetmore v. Neuberger, 362.

LIEN.

estoppel to deny mortgage as: MORTGAGE OF CHATTELS, 7. for taxes, defendant in partition: EQUITY, 27.

of partner as against prior mortgage: PARTNERSHIP, 7.

pending an accounting: EQUITY, 21.

when allowed to complainant in bill of interpleader: EQUITY, 11. LIFE INSURANCE: see INSURANCE, 2, 3.

revivor of policy: INSURANCE, 2; EQUITY, 18.

LIMITATIONS: see STATUTE OF LIMITATIONS, 32.

of liability on labor debts: CORPORATIONS, 11. of right of action on policy of INSURANCE, 6.

LIQUOR LAWS.

1. Act 193 of 1877 giving "every wife, child, parent, guardian, husband or other person' a right of action against a liquor seller for injury done the plaintiff by reason of the intoxication of any person, does not give the intoxicated person himself a right of action against the dealer for money stolen from him while drunk. Brooks v. Cook, 617.

2. Mandamus to compel a municipal council to act on a liquor bond offered for its approval will not be granted where the ground on which the council refused is not clearly shown. Negley v. Sturgis, 1. 3. Where mandamus is sought to compel a municipal council to approve a liquor seller's bond, the petition for the order to show cause should show respondent's reason for refusing, if any was given, and the circumstances of refusal; otherwise the reason must be presumed sufficient and the order may be refused. Goss v. Com. Council of Vermontville, 319.

4. Payment of a liquor tax for the coming year does not exempt the dealer from the operation of a subsequent law passed during the year forbidding the sale of liquor on specified days. Reithmilier v. People, 280.

5. The enactment of a statute taxing the liquor traffic does not prevent the State, in the exercise of its sovereign powers of taxation and police, from passing farther laws affecting the traffic. Id.

6. Christmas is a legal holiday" within the meaning of Act 267 of 1879, which directs saloons to be closed on legal holidays, Sundays and election days. Id.

County treasurer compelled to pay over taxes: MANDAMUS, 4.

liquor tax law of 1879 upheld: TAXATION, 6.

LOCALITY OF OFFENSE. pointing out, in TRESPASS, 4.

LOCAL PREJUDICE.

showing of, time for: COURTts, 4, 5. LOCAL USAGE: See USAGE.

LOGGING.

1. The cost of running the logs of outsiders which have become mingled with a drive cannot be charged against the owners of the logs constituting the original drive; the drivers must look to the owners of the intermingled logs to satisfy their claim therefor. Edson v. Gates, 253.

2. In a suit for compensation for getting out logs, the scale by which to determine the quantity of feet got out was disputed, and it was shown that certain purchasers had received the logs from the boom company, and paid according to the boom scale, with the apparent acquiescence of the parties. Evidence to show what the boom scale was, was ruled out on the ground that the witness under exam ination, who was secretary of the boom company, did not make it. Held erroneous, as the material question was whether or not it was the boom company's scale, and it was for the jury to determine, after finding whether the parties had agreed that the purchasers should be guided by it in receiving the logs and in making payments in their interest. Peterson v. Anderson, 441.

rescission of contract, set-off: CONTRACTS, 5.

LUMBER.

measurement of: CONTRACTS, 7.

MANDAMUS: Defined, 1; Jurisdiction, 2; To vacate injunction, 3; For payment of liquor tax, 4; Fine, 5; Costs, 6.

1. Mandamus is a prerogative writ designed to afford a summary and specific remedy where the party applying for it would otherwise be subjected to serious injustice. Tawas etc. R. R. Co. v. Losco Cire. Judge, 479.

2. The jurisdiction of the Supreme Court in mandamus cases is not statutory but plenary. The Constitution gives it supervision over all inferior tribunals and enjoins the abolition as far as possible of the distinction between legal and equitable jurisdictions. The writ may therefore issue even where other remedies exist, if they are not sufficiently speedy to prevent material injury. Id. 3. Mandamus lies to vacate an illegal injunction where the party affected thereby would otherwise have to submit to serious injury, or to the risk of proceedings for contempt in disregarding it. Id. 4. Mandamus lies to compel a county treasurer to pay over to the proper local officers the amount of liquor taxes to which they are entitled by the law. East Saginaw v. County Treasurer, 273. 5. The provision protecting a respondent in mandamus from all farther liability on paying a fine imposed for neglect to obey the writ (Com. L. 7111) does not apply if an order to pay such fine has been denied; and the refusal of the order is not prima facie evidence that he has not made himself liable for the results of his omission. Schwab v. Coots, 463.

6. Costs were not awarded on the denial of a writ of mandamus against an inferior court where the proceeding was brought at the respondent's request. Granger v. Judge of Superior Court, 384.

for county, to have embezzled taxes re-assessed: TOWNSHIPS, 4. final judgment for contempt: PRACTICE, 9.

re-instatement of member refused: AsSOCIATIONS, 1.

to compel approval of liquor bond: LIQUOR LAWS, 2, 3.

to compel council to act on liquor bond: LIQUOR LAWS, 2, 3.