The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1878-11-12

Notes Of Gases Decided at the October
Term, ISIS.


Term, ISIS.
Reported for the Republican by n A. Chsney.
CONSTITUTIONAL LAW.
tcampau vs.. Langiey.l
A statute allowing beasts running at
large in the public highway To be taken
by any person and publicly sold by a
public officer. and providing that after
the expenses Of the proceedings aud Of
keeping the animals were paid. the re-
msinder should be paid over TO their
owner, who should be allowed certain
time within which to redeem them. is
not unconstitutional "a diyesting prop
erty rights without the due process OF
law.
DAMAGES--JuDGMENr
(McDermid vs.. Redpath.l
/. A contractor promised TO deliver
wheat nj a certain time, but did not do
so, and after repeated subsequent de-
mauds and promises, was sued. Held.
that damages for failure to deliver it
were properly fixed by the price at the
time he last promised. 2. Where
case is removed from a Justices court
by certiorari and the circuit court APP
proves the justices judgment, 1t may
properly enter judgment against the
plaintiff in certiorari aud his sureties,
adding interest 20 the date thereof, aud
give judgment anew for the gross sum.
DEEDS.
rHardwicgys. Laderoot.l
A reservation of "the use aud occu-
pancy of the land during the lifetime
OF the grantors, followed by an agree
ment by tho grantee TO use. occupy and
enjoy the rights reserved, and TO pay
therefore all taxes, together with a
stipulated rent" was construed in ac-
cordance with the practical construc-
ton shown by the continuous occu-
paucy Of the grantee, who had, howev-
er, ceased TO pay rent. to mean that the
use and occupancy was 10 he made
available to the grantors through the
use by the grantee, who was TO make
during the grantors' lives a stipulated
payment which they called rent, but
which was really charge on the land,
the failure 20 pay which would neither
forfeit the estate nor the right OF po-
session.
GARSIsHMEST.
[uackley 4 Kanitz.l
Judgment cannot be rendered against
garnishee, whether he appeared on
the return day Of summons or not, If
his disclosure does not PriIaa fdeis
show a liability
lstrong vs.. Hollon:l
/. A bill Of particulars of what is TO
be established against garnishee Is
not matter OF right, especially where
the garnishee has made disclosure. 2.
In an auxiliary garnishee proceeding,
the judgment against the principal
debtor may be shown 10y the judgment
entry. 3. A garnishee's liability Is
limited by the amount OF the judgment
against the principal debtor, aud YER
dict for an excess would not be bind
ing. 4. Costs may be awarded against
a garnishee who has unsuccessfully
contested his liability.
School District vs.. Gage.
/. A school district is a municipal
corporation, and in suit by teacher
10 recover his wages, cannot be garni
sheed. even by its own consent. There
should be no deduction from the wage:
Of a school-toacher on account OF holi
days.
lake shors. etc. r. Il. Co.. v.. Hunt.
!. The general or special agent o
n corporation upon whom a summon
/ in earnishment NAV be served (compil
ed laws. section 1863 is an agent hav
/ ing a general or special controlling au
tllonty, either generally or III respec
TO some particular department of cor
porate business 2. Certio' al
IA a proper proceeding for gettinl
rid of a void indignant entered In JUS
tees court.
LANDLORD ASD TrSAST.
lCosn ,s. Mole.l
I. Where land has been occupied o
shares, a verbal agreement that th
tenant should have IT three years NOR
on shares, although within the sta,ut
Of frauds, will support a holding fror
wear 70 year until ended by notice.
Replevin will not lie for property bel
in connection with n tenancy runnip
from year to year and terminable onl
by notice, so long as the year has n'
expired aud notice has not been giveI
MECHANICS LIENS.
dewey ". Dwyerl
The circuit court in chancery hay
no jurisdiction of petitions to enforC
mechanics lien for amounts less tha
, Sl00
MoRrGAoE-SoTICE.
! Parsen vs.. Thayer.l
I /. Au instrument securing a sing
creditor out Of several on propert
= which, by it's terms, can be dispose
Of only to pay the secured debt, is |
. equitable mortgage and not an sssig
/ ment for the benefit OF creditors, al
= can be avoided only for actual fraud.
4 2 An immediate and continue
] change Of possessions into the hands
y a MORTGAGE is the best possible noti
Q OF his rights as against all others.
SoTIcE--HIGHwAT
: tCampsu vs.. Konan.l
: /. The knowledge OF an agent W
4 has sufficient authority to institute
;. action based upon 1t, charges his pri
cipal with notice Of the facts on viii
he acts. 2. There is no common
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