The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-07-22
Supreme Court.
Tie following decisions have been lce 5y
the Supreme Court al the term which adjourned
on Friday last:

the Supreme Court at The term which adjourned
on Friday last:
Johnson ". The Provincial Insurance Co, OF +
Toronto.-Where party has given notice Of q
motion which he declines TO cal up. Costs Of
the motion will De awarded against him.
Ireland "a Spalding, and others.-A motion /
noticed for a certain day in term, and not then
called I'D. Cannot be taken up on any subse- 1
ques; day in term, except by consent unless it |
has been ordered to stand over to such subse
quent day.
Arnold w. I'VE, aud others.-Af6dAvits must
be entitled with the names Of all the parties to
the suit, or they cannot be read.
Town of LaGrsnge vs.. Chapman, and others.
From Cass Circuit Opinion 0y Manning, J.
A township treasurers bond running To The
People OF the State Of Michigan, cannot be re-
covered upon in the name OF the township.
Judgment reversed.
Burgess Hall vs. Milo Soule.-Error TO Cali
houn Circuit Opinion by Campbell, J.
written memorandum Of an agreement 10 answer
for an existing debt or past default OF another
must show the terms OF the contract, or Il is in
valid
A parol promise to pay the debt OF another
being void, cannot lie a legal consideration for
subsequent promise. Judgment affirmed.
Leonard y. Ws,son vs.. Louisa Thurber, aud
Others Appeal in Chancery from Ingham Cir
cult. Opinion by Campbell, J wife may
give a valid mortgage Of her own lands 10 secure
debt Of her husband.
A conveyance by a married womaH Of her
separate real estate may be acknowledged
in the same way as if she were unmarried. De
cree affirmed.
The Phoenix Insurance Co. vs.. John Allen
Error to Wayne Circuit. Opinion by Christian
cy, j. The principal question in this case was
whether draft received as payment or condi-
tional payment for loss insured against was
presented for payment within reasonable time.
The only fact proved was that the holders of the
draft, in Detroit, (Which was payable at sight in
Chicago had ket it il their hands twenty-on
DAYS before sending is forward for presentation.
Held, that without any evidence whatever to
show whether this delay was reasonable or not,
there was nothing for jury to base verdict
upon, and the Court erred in submitting the
question of reasonable time, to the jury.
It is error to allow counsel TO read TO the jury
books Of reports, and to comment upon them.
Judgment reversed.
Asa C. Sutton vs. Cleveland & Hanford Err
tor to Lenawee Circuit. Opinion by Man
ming, J.
\ clause in general assignment for the benefit
OF creditors, which authorizes the assignee to
sell on credit, renders the assignment void.
Judgment affirmed.
Dennis Daley ct a., vs.. Liba L Litehfeld, ct
don case made from Cass Circuit. Oanon
by Christancy, J.
An appeal bond in Chancery, where the de
cree below is affirmed by the Supreme Court.
covers the costs of the Court below as wei as
of the Supreme Court. Judgment affirmed
John B. Glove vs.. Deborah Alcott-Error to
Calhoun Circuit Opinion of Christiancy, J.
a married woman is rot competent, under our
statutes, to carry on the general business of buy
ing and Touring wheat on her personal credit,
so as to make the proceeds and profits of the
business Der own. Campbell, j., dissented
Judgment reversed.
Baxter & Clancy W. Robinson.-Error to Kent
Circuit Oniniona ny C.,~rh4m and MAnniul
j., J.
The failure Of an administrator to make the
payments on an executory contract for the par.
chase OF lands, in consequence OF which the
contract becomes forfeited, does not give a right
!
benefit Of the heirs. Judgment reversed
The following case was disposed OF, but did
not involve any question Of law:
HOLSTER & Robinson V. Beeson Error "a
Ca Circuit. Judgment affirmed.
The following were submitted, but not dispos
ed Of
Robinson VS.. Petty.-FrOm Ingham Circuit.
Byram 4 Carpenter vs. Gordon Martin
From Wayne Circuit.
Underwood VS. Ferris, and others.-Fron
Hllsdale Circuit.
Allison W. Chandler.--From Wayne Circuit
Butler and others ". LsDue and others
From Wayne Circuit.
Little vs. Filth, and others-From Nacomt
Circuit.
Dyson VS.. Shelley and others-From Wsvn.
Circuit.
Thcrnevs HilIiker, and others-From Lapeei
Circuit.
Il. F. Pew vs.. Peter Yore.-From Berrier
: Circuit.
Enos vs. Switzerland. Berrien Circuit
Huntington vs.. Wellington. - From Eater
Circuit.
Brown VS.. Cady.-From Lapeer Circuit.
Gray vs. Howard.-From Cass Circuit
People ". The Auditor General-Motion OF
behalf of the Superintendent of Public Istruc
ton, for a mandamus-the object being to hav.
a construction Of the Swamp Land act. and de
cision as to the proportion of the proceeds o
swamp lands to which the School Fund is emit
tied.
How THE RIOT WAS CoNNEScED.-TheN y. 7
Herald (COpperhead) shows conclusively how
the Riot in New York was gotten up. The Her