appear, the jurisdiction is limited to determining the amount of the obligation. Moore v. Wayne Circuit Judge, 84. 5. A judgment by default against a non-resident defendant will entitle the plaintiff to proceed against garnishees indebted to him, even though the notice of the garnishment proceedings was served upon the principal defendant outside of the jurisdiction. How. Stat. $$ 8087, 8106. Id. Id. 6. An attorney appointed by a foreign corporation to receive service of process in actions upon any liability or indebtedness incurred or contracted" by the company (How. Stat. § 3723) is not competent to be served with notice of garnishment proceedings 7. Where a garnishee has no possession when garnished, and the title to the property has to be litigated to show the plaintiff's interest, the property cannot be followed into the hands of strangers nor its proceeds into the garnishee's. Folkerts v. Standish, 463. 8. A garnishee's disclosure cannot be made less conclusive by allowing a jury upon the trial of an issue demanded by the garnishee, to consider inconclusive testimony as to what such garnishce had previously said in answer to unauthorized inquiries as to whether he had received possession of the principal defendant's property before or after the entry of the judgment against him. Quinn v. Blanck, 269. 9. Whether judgment against a garnishee upon notice served outside the jurisdiction upon a non-resident principal defendant will be valid out of the State-Q. Moore v. Wayne Circuit Judge, 84. 10. The provision that a suit in garnishment "may be entered on the [justice's] docket as suits in other cases" (How. Stat. § 8035) is permissive, not mandatory; and the validity of the judgment against the garnishee is not impaired if the title of the proceeding is entered, after stating the venue, thus: A. Plaintiff, X. Pltff's Atty. Fasquelle v. Kennedy, 305. validity of chattel mortgage taken by garnishee, 463 (2). General issue-covers character in which one defends, 330 (1). covers the nature of a personal injury sued for, 413 (4). in action for deceit, 194 (1). jurisdiction to proceed with trial after plea, 330 (4). General ownership-finding of, in replevin suit, 399 (3). Governor-signature does not cure constitutional defects, 94 (1). 1. Guardianship ends in Michigan when the ward becomes of age or ceases to be incompetent; the guardian can then do no farther act as such, but is discharged of his office; and his ward may settle with him if he chooses without the intervention of the probate court. Probate Judge v. Stevenson, 320. 2. Termination of guardianship is equivalent to the discharge of the guardian. Id. 3. Land belonging to an estate was sold by the executors to the guardian to pay debts. The transaction was in good faith on both sides, and full consideration was paid. The guardian afterwards sold to others who knew nothing of the guardianship and had no notice of it from the record of title. Held, that How. Stat. § 6042, which avoids any sale to a guardian unless for the ward's benefit, would not warrant a ward in bringing ejectment against the purchasers, who were not bound to look beyond the registry of deeds to ascertain their grantor's title. Taylor v. Brown, 482. 668 Guardian and Ward. INDEX. Husband and Wife. 4. Guardianship over several minors is not a joint relation, but involves duties that are several. Probate Judge v. Stevenson, 320. 5. A guardian must be ready to account as soon as his trusts ends. Id. 6. Actions against the sureties on a guardian's bond are barred in four years from the guardian's discharge. How. Stat. § 6332. Held, that this means four years after he ceases from any cause to be guardian. Id. Hearsay-affecting answers to written interrogatories, 610 (4). 1. Homestead rights can be claimed in land held under a part-paid school-land certificate from the State land-office. Allen v. Cadwell, 8. 2. A patent that has been taken out by the assignee of a certificate of purchase is void as between the patentee and the wife of the assignor if she had homestead rights in the land and did not join in the assignment. Id. execution on husband's life interest, 559 (1). notice of rights by actual possession, 8 (4). HOMICIDE. 1. It is not error, in a prosecution for murder, to receive testimony from which the suspicion might arise that respondent had also been guilty of larceny, if such testimony is relevant to the charge of murder. People v. Wilson, 506. 2. Upon a prosecution for a murder committed with a gun, a witness with whom respondent was familiar, was shown the gun-case that belonged to the gun used, and was asked if that was respondent's gun-case. He said he did not know; he had never seen it at respondent's house, or in his possession, but he had seen a case that looked like it lying around a good while at the place where he himself worked, and that he had not known what became of it or whose it was until a few weeks before, when a certain person turned up. The person referred to testified that he was familiar with that kind of gun, and was allowed to explain its workings to the jury. The respondent himself said on cross-examination that he had had the gun and case about two months, and that they had been handed to him, but he refused to tell by whom. Held, that it could not be said that these facts were clearly irrelevant to the charge of murder. Id. 3. It was shown in a murder case that the victim had fired three shots after his assailant had fired at him. Respondent claimed that his victim had fired first, and showed that four barrels of the latter's pistol had been lately discharged. The prosecution then showed, as if in rebuttal, that three had been discharged more recently than the remaining one. Held, that though the prosecution had covered the ground, and the evidence was not rebutting, it was within the discretion of the judge to receive it. Id. HUSBAND AND WIFE. 1. In proving marriage, reputation is important only as circumstantial evidence as to whether the parties themselves regarded each other as husband and wife. Cross v. Cross, 280. 2. An intimacy between a man and his housekeeper is not of itself evidence that they are married. And so long as their relations are such that the fact of marriage continues to be seriously questioned. it cannot be considered as established by reputation. Id. 3. A debt from a husband to his wife is her separate property which she can assign, sell, devise or transfer by gift. Hunt v. Eaton, 362. 4. A life-estate granted to a man and his wife is an entirety in which both take the same and inseparable interests; neither can affect the other's rights by a separate transfer and whatever will defeat the 6. A decree for alimony by a court with jurisdiction, cannot, if not 7. Costs in equity are not of absolute right; and on dismissing a divorce assignment by husband of land-certificate, 8 (4). Identification-of persons engaged in robbery, 497 (1, 2). of place, person and property in case of burglary, 408 (2). Indebitatus assumpsit-where the count lies; action on novation, 622 (4). change of, cannot alter title, 491 (1). required to transfer title to paper, 491 (2). Information-in nature of quo warranto; leave to file, 15 (2, 5). Initials-signed to business correspondence of corporation, 610 (2). 1. A circuit court commissioner cannot allow an injunction without 2. Proceeding to judgment in attachment proceedings with knowledge Insolvency-corporate stock a fund in trust for creditors, 387 (3). fraudulent chattel mortgage for partner's personal debt, 64 (2). receiver in case of, 201 (4), 387 (7), 629 (5). to transfer by insolvent corporation, 387 (2). INSURANCE. 1. A general agent of an insurance company for a district embracing 2. Waiver implies the right to object. English v. Franklin Fire Ins. Co., 3. If household goods, insured as goods contained in a dwelling house, are burned while stored in a barn on the same premises there can be no recovery of insurance. And the insurer's knowledge that the goods were so stored does not waive the condition of the policy. Id. 4. Forfeitures are not favored at law or in equity, and provisions therefor will be strictly construed, and their waiver will be assumed, on slight evidence, if equity requires. Lyon v. Travelers' Ins. Co., 142. 5. Overvaluation of property in applying for insurance thereon can hardly become material where the insurance contract provides that the amount to which the insured shall be entitled in case of loss shall not exceed three-fourths of its actual value at the time of loss. Schmidt v. Mut. City & Village Fire Ins. Co., 432. 6. A brakeman who had taken an accident policy gave the insurance company a written order on the railway company that employed him to pay the insurance company out of his wages the instalments of the premium as they fell due. This was delivered by the insurance to the railway company, according to custom. The policy provided that so long as an instalment remained unpaid there could be no claim for any injury received meanwhile. The railway company neglected to pay one of the instalments, and within the period which it should have covered the brakeman was killed. Held, that notwithstanding the non-payment, the beneficiary in the policy was entitled to recover; the arrangement between the insured and the companies amounted to an assignment to the insurance company of enough of his wages to pay the premium when the instalments fell due, and must be regarded as a payment so long as the insurance company did not notify the insured that it was not paid. By retaining the order and neglecting to give notice of non-payment, the insurance company, it seems, waived the forfeiture of the policy which would result from non-payment. Lyon v. Travelers' Ins, Co., 141. 7. A house occupied by a tenant was insured. The tenant moved out and the landlady at once moved her own things in and began to clean up, meaning to live there herself, but the next day she had to go away for three days' absence. While cleaning the house she did not eat or sleep there, and after a few days she went off again on a business trip. While she was gone the house was burned. Held, that the policy had not become void on the ground that the premises were vacant. Shackelton v. Sun Fire Office, 288. estoppel by proofs of loss, 432 (2). Intent-as an element of embezzlement, 628. as the gist of crime, 586 (4). fraudulent intent; technical averments, 39 (2). of deed, to be deduced from entire instrument, 420 (1). Intervenors-costs where intervening rights appear, 485 (5). Joinder-of counts in information, 586 (1, 2). of indorser with principal in creditor's bill, 297 (1). Joint debtor-payment or new promise by, 320 (2). Joint-liability for act of negligence, 150 (3). Joint-relation; guardianship of several minors is not, 320 (1). A tenant-in-common who has entered upon a portion of the premises is not thereby precluded from claiming the whole, since he is not barred from buying the remainder of the title. Ahrens, 111. JUDGMENT. Chamberlain v. 1. One who has sued a firm and recovered against a single partner only cannot assign error on the ground that a sole judgment cannot be rendered on a partnership liability. Roberts v. Pepple, 367. 2. The plea of former judgment cannot be sustained if it does not appear that plaintiff in the former suit had a right to bring his suit at the time he brought it, and that it was decided on its merits. And the contrary may be shown in meeting such a plea. Wood v. Faut, 185. 3. A constable seized a horse under a chattel mortgage, but the mortgager recovered it in replevin and then sold it. The mortgagee then brought trover against the purchaser. Held, that it was not concluded by the judgment against the constable, even though the latter was his agent and he had acted as attorney for him in the replevin suit. Warner v. Comstock, 615. 4. A judgment will not be set aside for an erroneous instruction to the jury, if the result could not have been different under a proper instruction. Case v. Dewey, 116. 5. Judgment will not be reversed, where, notwithstanding error in the charge, the result could not have been different. Morse v. Byam, 594. against agent, not concluding principal. 615 (4). against garnishee; extra-territorial validity, 84 (3). by default against non-resident, 84 (1). deduction of amount of, in suit on replevin bond, 399 (4). estoppel by, as against corporation, 130 (2). evasion of, by fraudulent claim of indebtedness, 298 (3). in garnishment; whether affected by docket entry, 305. of justice; interference with, in equity, 295. on findings, when not affected by erroneous finding, 347 (2) Judicial knowledge-of contents of Legislative Journal, 94 (2). service on non-resident outside of, 84 (1, 3). to lay out drains, 33 (3, 4). to proceed after pleading notwithstanding defects, 330 (4). JURY. The number of peremptory challenges to which an accused person is entitled depends in Michigan upon the statute relating to the crime with which he is charged. People v. Comstock, 406. assignment of error on refusal of instructions, 586 (7). cannot find facts for which no evidence, 150 (2). comments on facts in presence of, 497 (7). comments to, on the justice of statutes, 552 (3). comments to, on resort to privilege, 312 (6). costs where case was improperly taken from jury, 330 (6). exceptions based on casual suggestions in charge, 497 (7). interruptions of opening to, 506 (1). need not report testimony supporting verdict, 237 (7). not always confined to theories presented, 497 (7). prejudicial comments on witness before jury, 507 (4). submission of case to, on particular theory, 312 (2), 413 (2). weight of evidence is for jury, 413 (1). See QUESTION OF FACT. JUSTICE OF THE PEACE. 1. A question of title is raised in an action of trespass brought before a justice, if the plaintiff offers deeds in evidence of his right of possession or claims such right under a third person whose ownership he proposes to show. Gay v. Hults, 327. 2. It is not a legal cause for the adjournment of proceedings in justice's |