SUPREME COURT OF MICHIGAN. CHIEF JUSTICE JAMES V. CAMPBELI. of Detroit. ASSOCIATE JUSTICES THOMAS R. SHERWOOD of Kalamazoo. JOHN W. CHAMPLIN of Grand Rapids. ALLEN B. MORSE of Ionia. CLERK CHARLES C. HOPKINS of Lansing. CRIER MOSES R. TAYLOR of Lansing. ATTORNEY GENERAL MOSES TAGGART of Grand Rapids. The number of each circuit precedes the name of the Judge who presides in it, and follows the names of the counties which belong to it. *LEVI L. WIXSON resigned February 15, 1886, and WATSON BEACH was appointed February 22, 1886, and qualified February 27, 1886. TABLE OF CASES REPORTED IN VOLUME 60, WITH DIGEST OF POINTS DECIDED. A ABER V. BRATTON, Replevin-Will not lie against one not detaining the property- ALLEN V. ALLEN, Father and son-Wages earned by son during minority, and received by the father, when may be recovered-- Where parties live in one family after son's majority, no implied promise by either to pay for things furnished in consequence of such relation-Express agreement must be shown by positive and affirmative testimony. AMOS, ATTORNEY GENERAL V., ATCHISON, TOPEKA & SANTA FE RAILROAD CO. V. JENNISON. Mandamus-Compelling witness to testify under How. Stat. secs. ATKINS, MCKINNON V., ATTORNEY GENERAL V. AMOS, Constitutional law-Title to statutes-Object to be expressed therein- [v] PAGE 357 635 372 232 418 372 B Replevin-Demand of person having no control of property, or authority to deliver same or to refuse such delivery, useless— BARNUM V. PHENIX, Mortgage-Negotiable paper—If obtained for a valuable consideration, Appeal Justice's return-Absence of declaration-On proof of loss, copy may be filed in the circuit court to complete record-Suit on bond-Proof of execution-Necessary on appeal when bond not filed with justice-Rule 79 not applicable where no new issue is Contract-When making of not denied, but parties differ as to its terms, an instruction that parties' minds must have met is mislead- ing-Testimony may be given by either party in support of his theory of the agreement--Account rendered-Retention of without objection, and rendering counter account in which amount of first account is credited, estop party from disputing first account, in absence of proof of fraud or mistake. BLAIR V. GRAND RAPIDS & INDIANA RAILROAD COMPANY, Guardian's sale, under Comp. L. 1857, § 3095-- When attacked by party claiming under ward, making and filing of petition need not be shown-License-Filing or record of, not essential to validity of sale-Nor a confirmation of sale under the statute-Oath before sale- Where taken, failure to file or record will not invalidate sale PAGE 388 124 |