direct showing-and the unreasonable delay, upon which there was testimony for the jury, but so mixed up with the other facts that we cannot very well consider the rulings fully, because we cannot be sure how the court below would have modified them had the case been confined to the disturbance of business for these causes alone. Judging from the record, there is some reason to think that counsel took too much latitude in asserting facts and leading witnesses. And there is also some reason to think that in the final instruction concerning damages the jury were allowed to assume too much from the mere change of business profits without reference to the natural consequences of any such interruption,-lawful or unlawful,-at that time of the year, and with the unavoidable confusion of such repairs and changes. In a previous part of the charge they had been properly cautioned, but other elements had been discussed, and the question of malice had come in, so that there was some danger of error. We also think that the damages should have been confined to those belonging to Ives alone. If he had sued on the contract of lease, it may be that, as the only one who was a party lessee, he might represent the entire cause. of action. But in an action on the case, any one who had rights of possession derived from the lease could have sued for their disturbance, and recovered damages. It was shown here by some testimony that Ives was not the sole party interested in the business which was damaged; and while a failure to plead in abatement may have prevented the entire defeat of the action, it does not enlarge his private cause of damage. Whether this is one of those cases where such a plea could be filed, we need not now consider. Neither can we anticipate what proportion plaintiff's interest may turn out to be. But he can recover no more damage than he has suffered. There must be a reversal and new trial. The other Justices concurred. 53 MICH-41 INDEX [The titles of the Index are the same as in the United States Digest for Abandonment-of rights preventing specific performance, 341. Abuse of discretion-as to allowing examination by jury, 271 (4). of proposal in taking land for streets, 442. Accounts-of executor, allowance for advancement, 350. final order in suit for partnership accounting, 479 (1). in partnership; interest, 421 (4). objections on appeal from decree therefor, 421 (1). reasonable expenses incurred by individual partners, 421 (2). 1 Objection for the non-joinder of plaintiffs should be made by plea in 2 In every action at law upon a contract the contest must be between 4 In a suit to rescind the deed of a corporation the corporation itself securities, and the giving of proper allowances for what the pur- 5 The rule that a suit in chancery begins for most purposes with the against bank for money deposited, 163 (6). against estate; as on a lost note, 497 (3). against sheriff for value of exempt goods, 280 (3). for compensation for breaking log-jams, 22 (1, 5, 6). for over-exaction of fare on railroad train, 118 (1). for personal injury caused by explosive, 507 (8). for personal injury from coasting in the street, 135 (1). for personal injury to employee, 212 (1-5), 274. for personal injury as between employees and strangers, 125 (2). for purchase price of goods sold on credit, 471. for seduction, in case of rape, 168 (3). for slander; want of bill of particulars, 496. former judgment in bar of action, 299 (1). on appeal bond; satisfaction of judgment, 577 (2). on claim omitted from schedule of bankrupt's debts, 425. on joint policy for widow and minors, 239 (13). on note by agent for collection, 42 (1). on promise to pay for goods sold to another, 427 (3). right of action for seduction, 169 (11). to recover tax-payment back; legality of assessment, 554 (2). Additional insurance-notice of, 306 (4). Adjournment-of election to another place, 27. Administrator-petition of revivor of suit against, 629 (1). by plea of guilty, covering several charges, 488 (1). of evidence before its proper place, 63 (1–3). of evidence without cross-examination, 537 (1). of facts set up in return to order to show cause, 135 (3). ADULTERY. In a prosecution for adultery acts of familiarity committed two years omission of respondent to summon other party, 525 (3). who may hold adversely, 575 (1), 615 (1). Affidavit as creditor, in estoppel from bringing replevin, 444 (1). for capias ad respondendum, 569 (1,3). for continuance for absence of witness, 60 (2). for reversal of justice's judgment, 116 (3). for writ of replevin as giving jurisdiction, 116 (1). necessary to bill to enjoin co-trustees, 228 (8). of commissioners to impeach their own award, 218 (3). to bring in absentees; filing of, 629 (2). Aggravation-of damages in case of seduction, 168 (8). matter of aggravation in relation to damages, 280 (6). Agreed statement-estoppel from denying facts agreed to, 479 (3). Agreement-See CONTRACT. Alimony-allowance of temporary alimony; wife's property, 585 (1). mortgaging property to raise money to pay, 581 (4). Allowance-for necessary expenses upon decedent's estate, 621 (3). of costs from estate of decedent, 352 (2). of costs; review of, upon certiorari, 460 (1). to purchaser on rescission of deed, 228 (9). Amendment of Constitution; effect on invalid statute, 392 (3). of declaration for breach of warranty, 431. of declaration on insurance policy, 238 (7) of divorce decree as to alimony, 550. 1 Cattle in anybody's charge are not "running at large," and, if on the 2 The presence of cattle in the highway depasturing the herbage of fish are feræ naturæ, 375 (4). Ante-nuptial contract-effect on will, 432 (4), 433 (5). 1 A decree which, in a suit for a partnership accounting, places the 2 On appeal from a decree for an accounting the appellant's objections 3 Devisees who have kept their interest in the testator's personalty but |