Statute of limitations-Collection of a firm debt by a surviving partner pending the administration of the estate of the deceased partner-Action to recover the share of the estate accrues to the administrator, and is barred in six years.
DENISON, GRAND RAPIDS SAVINGS BANK V...
Affidavit-For transcript of justice's judgment-Is insufficient
if it only corresponds with the transcript, in describing
the judgment, in the title of the cause and court in
which it was rendered.
Deed-By parents to son, of land and personal property,
in consideration of the agreement of the son and his
wife to provide grantors a life-support-Rights of the
wife, who is not shown to have violated her agreement,
cannot be separated from those of her husband, so as
to set aside the deed as to him alone.
DRAKE V. HAPP.............
Ejectment-If plaintiff shows title through a series of
conveyances from persons in possession as owners he is
presumed to hold by direct chain of title from the gov-
ernment, unless the defendant claims under some one
who was in position to disturb that presumption-If
plaintiff and the person under whom the defendant
claims possession derived title from the same source,
further proof of title by the plaintiff is unnecessary-
Ejectment is the proper action in which to try bound-
ary lines.
DULUTH, SOUTH SHORE & ATLANTIC RAILWAY Co., KELLY V.
DURFEE V. JOSLYN..
Estates of deceased persons-Bond given on sale of real
estate does not supersede the administrator's general
Durfee v. Joslyn-Continued.
bond-Recovery on both bonds cannot exceed the whole
amount due from the administrator-In a suit upon the
special bond the recovery is limited to the sum realized
from the sale of real estate-Sureties in special bond
cannot complain because in a suit upon the general bond
a recovery was had for a portion of the money realized
on such sale.
EARLE V. GROVE, CIRCUIT JUDGE
Judgment creditor's bill-How. Stat. § 6614, providing for
the filing of a bill in chancery to compel the discovery
of property belonging to the execution defendant after
the return of an execution unsatisfied, does not point
out the only conditions of equitable relief in such cases
-Owner of foreign judgment, obtained after personal
service of process, and on which an execution has been
returned unsatisfied, may maintain a bill to reach the
interest of the judgment debtor, who is alleged to be
insolvent, in his father's estate, without the aid of the
statute cited-Garnishment-Reasons for exempting an
administrator from,-because not possessed of the
requisite knowledge to make a disclosure, or, if so pos-
sessed, his inability to bind the estate thereby,-do not
apply to a proceeding in equity by a judgment creditor
to reach the interest of an heir in the estate.
Negligence case-Question of contributory negligence was for the jury under the evidence.
Married woman-Cannot attack an ex parte judgment, rendered upon a note signed by herself and husband, in an equity suit brought to set aside a levy made under an execution issued on the judgment, on the
Evans v. Calman-Continued.
ground that the consideration of the note was not for
her individual benefit, or for the benefit of her estate
-Homestead-Cannot be claimed on the ground of an
intended future occupancy-Return-Of service of a
justice's summons issued March 2, 1888, and returnable
March 10, 1888, as made March 3, 1886, will not void
an ex parte judgment based thereon.
EVENING NEWS ASSOCIATION, RANDALL V...
Deed-Undue influence-Fraud-Priest and parishioner.
Divorce-Custody of infant daughter-Awarded to the mother on the facts in this case.
FORT STREET UNION DEPOT Co. v. BACKUS..
Condemnation proceedings-Court may set aside award and order a new trial before a new jury-The facts warranting such action may be presented by affidavit or oral testimony-Objection that jury were not attended by judge or commissioner is waived unless such attendance was requested by the objecting party-Land of a railroad company in or adjacent to its depot grounds, and in actual use for depot or other purposes pertaining to the operation of its road, cannot be condemned by another company-Question whether or not land is so used cannot be tried in condemnation proceedings-DamagesPayment of, upon the order of the court on confirming the award, will not affect the right of appeal from such award.
FORT WAYNE & ELMWOOD RAILWAY Co., PEOPLE V.......
FOX V. PENINSULAR WHITE LEAD & COLOR WORKS..
Negligence case-Ticket issued by superintendent of the
poor, upon which the plaintiff was admitted to the
Fox v. Peninsular White Lead & Color Works-Continued.
poor-house for treatment for the injuries complained of,
with indorsement of city physician showing plaintiff's
discharge from a hospital, and stating the nature of his
disabilities, and that, because of his inability to support
himself, he is sent to the poor-house for treatment, is
inadmissible as evidence in favor of plaintiff-Diagnosis
of a case by a physician not based upon any history of
the case, and whose opinion as to the cause of the dis-
ease with which the patient is afflicted is based upon
the conclusions of another physician, is incompetent tes-
timony-Testimony of co-employés, that they were not
informed of the dangerous nature of the common em-
ployment, is inadmissible to rebut testimony that plaintiff
was so informed-Fifteen years' actual experience with
100 employés engaged in the manufacture of Paris green,
coupled with observations as to the effect of the ingredi-
ents used on such employés, qualifies a party to testify
whether cutaneous diseases and paralysis follow such
employment.
Evidence-Lost execution-Its issuance and levy and the
legal posting of notices of sale may be shown by oral
testimony.
FULLER V. MAYOR, ETC., OF THE CITY OF JACKSON.
Negligence case-Statutory limitation of liability for in-
juries sustained by reason of defective highways to those
which have been in use for ten years applies only to
public highways in townships-Declaration must aver
the aggravation of existing physical ailments in order
to warrant a recovery therefor-Expert witness-Answer
of must be given upon the basis of the facts stated in
hypothetical question-Actual notice of the general
broken and unsafe condition of a piece of sidewalk will
charge the municipality with negligence in not repairing
the walk, although not shown to have had notice of the
particular defect which caused the injury.
Sale of timber-With reservation of title until the purchase price is paid, and provisions for its removal within five years, and for the reversion of whatever timber remained upon the land after the expiration of that period-Latter provision will be enforced even though purchase price is fully paid.
GIBBS, WARDER, BUSHNELL & GLESSNER Co. v...............
GIRARD V. CITY OF KALAMAZOO....
Negligence case-Evidence-Of complaints of present suf-
fering, made some time after the injury, is admissible—
Opinion of witnesses whether the sidewalk upon which
the injury was received was reasonably safe for public
travel is inadmissible, where the defects are patent,
and the condition of the walk can be shown without
difficulty-If the particular defect arose from a cause
which naturally affects the entire walk, indications of
the existence and operation of that cause, which appear
upon the surface of the walk at other points, may be
shown as notice of its probable condition at the point of
the accident-Consent to the use of testimony taken
out of court pending the trial is a waiver of any objec-
tion to the ruling of the court allowing it to be taken.
Equity-Reformation of mortgage.
GOULD V. DWELLING-HOUSE INSURANCE Co., 90 Mich. 308.
GRAND RAPIDS SAVINGS BANK V. DENISON,........
Mortgage-By husband and wife of land, a portion of
which had been conveyed to the wife, to secure the
husband's debt, which he further secures by a chattel
mortgage-Mortgagee must exhaust the chattel-mortgage
|