Auditor General v. McArthur-Continued.
-Failure of record of township board to show that
notice of a special meeting was given to an absent jus-
tice of the peace held to invalidate taxes voted for
township expenses, for a special bridge tax, and to pay
indebtedness, to the amount of $1,000 for each purpose
-Exemption of a portion of the territory of a school-
district from a general school tax levied upon the
remaining territory is fatal to its validity.
AUDITOR GENERAL V. TOUSEY
AULTMAN & TAYLOR COMPANY V. GORHAM...
Bills and notes-Joint maker cannot limit his liability
to that of an indorser by parol testimony that he
signed as a surety, and was to be released unless
notified of non-payment of note-Consideration-Release
of chattel-mortgaged property, and extension of time
for payment, is a sufficient consideration to hold both
the maker and surety upon a note given to secure such
release, and signed by the surety before its delivery.
Aid subscriptions to secure the erection of a flouring-mill -No agreement that it should be operated for any specified time-If, after a faithful attempt to render the business a success, the mill-owner fails in so doing, he cannot be compelled to continue the business-May sell and remove the machinery, and, in the absence of an express provision for a lien in favor of subscribers, none can be implied.
Estates of deceased persons-Election by guardian of mentally incompetent widow to take under the statuteMandamus to compel probate judge to enter an order as of the date of such election, sanctioning the same, denied.
BLODGETT & DAVIS LUMBER COMPANY V. PETERS................
Waters and water-courses-Boundary line between riparian owners on Green Bay-Massachusetts rule adopted in this case.
BOARD OF HEALTH OF PORTAGE TOWNSHIP V. VAN HOESEN... 533
Constitutional law-Act No. 219, Laws of 1875, authorizing
the condemnation of land by corporations organized
under Act No. 12, Laws of 1869, to maintain rural
cemeteries, and by various boards of health, is uncon-
stitutional.
BOARD OF PUBLIC WORKS, COMMON COUNCIL OF GRAND
RAPIDS V....
BOARD OF SUPERVISORS OF SAGINAW COUNTY, HAINES V...... 237
Statute of frauds-Verbal contract for sale of wood-Part delivery-Held not enforcible by vendee for remainder
BURKHARD, PLANK'S TAVERN COMPANY V..
BURR OAK TOWNSHIP BOARD, WILSON V..
Deed-Courts of law have no jurisdiction to reform-The equity court will grant such relief where, by reason of fraud, mistake, accident, or surprise, the deed does not express the true intent and meaning of the partiesParol testimony is admissible to establish such grounds for relief.
CANFIELD V. GREAT CAMP OF KNIGHTS OF MACCABEES..
Mutual benefit associations-May provide that rejection of
death claims by a tribunal created by the constitution
to pass upon them shall be final.
CHICAGO & WEST MICHIGAN RAILWAY COMPANY, RICHMOND V. 374
COMMISSIONER OF STATE LAND-OFFICE, WAIT v...
COMMON COUNCIL OF GRAND RAPIDS V. BOARD OF PUBLIC
WORKS OF GRAND RAPIDS..
Municipal corporations-Authority of board of public
works to determine as to the particular kind and quan-
tity of materials to be used in public improvements has
reference to detail, and not to general character of the
work-Common council should profit by any informa-
tion or knowledge possessed by the board in deter-
mining such general character, etc.
Duress-Payment of money secured from an old man by means of his threatened arrest and imprisonment for an offense which he denies committing is made under duress-May be recovered as paid without consideration.
Costs-Next friend, if personally interested in the suit, will be charged with costs on dismissal of bill-A right resting in parol may be surrendered or extinguished by parol-Principal and agent.
DAVIES V. CITY OF SAGINAW.
Municipal corporations-Parliamentary law-Judgment of
city council upon will not be disturbed by the courts-
Public improvement-Declaration of necessity for does
not necessarily involve enumeration of the details-If
general in character, it covers the doing of whatever is
found to be necessary in the course of such an improve-
ment-Council has power to suspend or postpone the
work prior to letting contract, and to resume it as
well, without reference to the reason for such action-
In matters involving the discretion or judgment of the
council, parties cannot go behind the recorded vote to
show either want of knowledge or of good judgment, if
bad faith or fraud is not alleged-Special assessment-
Failure of councilmen to view the property assessed or
the assessment district with reference to the particular
assessment will not affect its validity-Nor will the fact
that the assessor or city engineer furnished the information
or data upon which the council acted, or outlined the
assessment district, if such action was adopted, approved,
and confirmed by the council-Aldermen are supposed
to have a general knowledge of the geography, as well
as the topography, of their city, and to know the loca-
tion and condition of its streets, and to act upon reports
of committees, whose duty it is to collect data and
arrange details-Resolution fixing assessment district, and
declaring the amount to be assessed thereon, is a legal
determination that the benefit conferred upon the dis-
trict is equal to the assessment-Extending said assess-
ment upon the roll, and its confirmation by the council,
determines that the proportion of the aggregate benefit
received by each parcel is equal to the burden imposed
-Such determinations, in the absence of fraud, oppres-
sion, or manifest mistake, are conclusive-A street-car
company will be presumed to be liable to an assessment
Davies v. City of Saginaw-Continued.
representing the cost of paving between its tracks, made
pursuant to a specified section of an ordinance as stated
in the proceedings of the council, rather than upon the
basis of benefits derived from the improvement; the
ordinance not being set forth in the record.
Polling jury-Right does not exist in favor of party
against whom a verdict is directed.
Liquor traffic-Suit by wife for damages sustained by
reason of killing of husband by an intoxicated person-
Evidence that slayer was a person in the habit of
becoming intoxicated is admissible to show unlawful
sale-If evidence is contradictory as to which party to
the affray was the aggressor, the question should be
left to the jury-The act of selling fixes the defendant's
liability, if the sale is wrongful.
FARMERS' MUTUAL FIRE INSURANCE COMPANY, SCHROEDER V..
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