The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1860-07-11

nWuuay IuOfuug.
The following cases were argued and submit.
ted:
Henry d. Bassett IS. Gilbert Hstksrsy s.x
oshrs.-Appeal IN Chancery from st. ChirCt.
chit Argued by d. c. Holbrook for couplaip.
ant and Il. p. Eldredge for defendants
Willian II. Waldby -. Gs~evisve OsllsnI,
-Certicrari to Circuit Court Commisio.e, A.
Allegan county. Submitted by 4. n Cma.r
for plaintiff in error.
Opinion by Martin. Oh. J., holding that TIA.
provision in the tax law Of lsss, which attempa.
to confer upon Circuit Commissioner iur;eiic.
ton to adjudicate upon tar titles !. upco.ut;,u.
tional and void
Judment reversed
Charles Jackson rs. 7xs Peopls-Cstlsr,i
to the Recorders Court Of Detroit. Arepaah,
ID. c. Holbrook for plaintiff in error, sai A
Russell for the People.
Nall d Dwncklee IS. William L. Geeuew
Error To Eaton Circuit. Argued BY H AS.v
for plaintiff in error, and A. Blair for delsaa.,,
in error.
Opinion by Christiancy, J. Judgneat n.
versed, and new trial ordered
Himehman d A5Jott rs. The City of Dutro;s
Case reserved from the Wayne Circuit In
Chancery Submitted on briefs BY Walksr
Russell and ". J. Speed for the city, and Bacl.
US & Harbaugh for complainauts
This case involves the right 10 vacate part
of Campus Martius in Detroit for the purpose.
Of the proposed new City Hall.
Henry J. Kosser RS. The Psopls.-Rnor to
Ionia Circuit. Submitted on briefs By Bell 4
Soule for plaintiff in error.
Opinion 10y Campbell J. Judgment re.
versed
Thomas Wilson aud Others 70. WSllism La.
men.-Error to Wayne Circuit. Argued b. ID
c. Holbrook for plaintiffs in error and T. n
for defendant in error.
Oral opinion. Judgment affirmed.
Thomas Wilson 70. Matthias Cass and Wfs.
Error TO Clinton Circuit. Argued By J. W.
Longyear for plaintiff in errer, and 4. S6ick.
land for defendant in error
The following decisions were made in cases
argued at previous terms:
Tincent y. Pennoyer rs. Campbell d Das.d
Case reserved from Wayne Circuit Opinion BY
Christisncy, j. One partner cannot alter the
dissolution of copartnership, bind the firm by bic
admission of Indebtedness, unless there b evi.
dence in the case, aside from the admission,
showing partnership dealings or transaction viii
the plaintiff previous to such dissolution.
William u. Moore rs. Simon Mauldsbss0s.
n~sr h. ~.
tiancy, J. One acting as agent for another in
the sale of lands, is bound to the utmost dsrse
OF good faith towards his principal, and has no
right. while protesting to act In that capacity, 70
make himself the agent Of other parties for The
purchase of the land he was authorized to ell,
nor to take any advantage of the con6dsacs hi
position inspired to obtain the title himself. Nor
could he make valid purchase from his prinei.
pal, while that confidential relation existed, viii.
out fully and fairly disclosing to his principal IL
the propositions he may have received, and oil
the circumstances within his knowledge h asy
way calculated to enable his principal to judge
Of the propriety Of such sale.
And where such agent fraudulently coocsall
from bis principal, propositions which have been
made to him relative to the purchase Of lapds
and buys the lands himself, and then sells At Z
higher price, be is liable in assumpsit to his prin
cipal for the difference between the prics pail
by him and the price which he received.
Judgment reversed.
i Stephens d. fields 90. Wesley 7fuesda;l-
Case reserved from Wayne Circuit A. Pod
and T. Romeyn moved to dismiss this csss 10
want of Jurisdiction. They insisted that usdei
Sec. 8 of Art. 6 of the Constitution the Supreml
Court, except in the case of certain writs vhicf
are specified ia that section, can have n jWs
diction conferred upon it except Of cases bsssohl
into it for the review Of the decisions Of inlssio'
Courts: that appellate Jurisdiction, neeessasay
implied some decision in the Court below, ffoa
which an appeal 10 in some manner taken-tha
cases reserved do not come within this dssigps
ton, and consequently the act Of 1851 autheeis
ing the reservation Of cases for the opinioo d
this Court, is in that particular void. T. n. Coo
ley, contra, argued that the word appellate y
used in that section, was used in contradistinc
ton from original, and to preclude the Supssns
Court from assuming original jurisdiction Of oh
er cases than those in which il was expressly
conferred and WAS not designed to limit in ~
respect the supervisory power Of the Cour: ovs'
inferior tribunals which is given in the broadss'
terms in this section that the word appellate u
here used is in fact synonymous With supervisory,
and that the appellate jurisdiction may b. essf'
cised in any mode that the Legislature ny ~
tit to devise, to bring before the Court the action
or non-action Of inferior Courts for review or d.
| vice.
The word appellate is usedin the United 6ssses
Constitution in the same sense. and the Q. 3. su'
preme Court gets Jurisdiction Of cases cssshsd
from the Circuit, on division Of opinion, between
the judges by virtue Of lie appellate power. end
certain cases are transferred 20 the FedefaI ron
the State Courts for trial under the Same power.
d. G. Holbrook and w. j. Speed we're also heard
on the came side.
The Court granted the motion, holding thAe
at least as to all cases reserved before judgmsns
this Court had no jurisdiction Of cases. reessvse.
All cases in that condition, therefore, iDelsdise
the celebrated tax case Of Woodbs;tgs -. 1As
City Of Detroit, in which opinions wore deliver
ed at the Lac. term, were dismisssd
! J. Addison Lawyer and others 90. W'li'a"'
!Smith-Error to Washtenaw Circuit. Opin'oo
by Manning, J. Judgment reversed
William Hale "a. Jacob Hovyhsoa, JF.-H'
LII