[The titles of the Index are the same as in the United States Digest for
1885. Cross-references are to pages: and where there are several notes
on a page the number of the note is added in parenthesis.]
Abandonment-of suit, effect of lis pendens, 394 (5).
of special count in assumpsit, 557 (2).
Abatement-agent's authority to abate debt, 177 (1).
of private nuisance by bill in equity, 482 (2, 3), 483 (5, 6).
garnishment proceeding pleaded in, 531 (1, 2).
plea puis darrein in, 531 (3).
Abortion-information for procuring, 594 (1).
Absence-statement of agent in principal's absence, 187 (8).
Abutters-unauthorized use of street by, 357 (4).
Acceptance-of services, raises an assumpsit, 39 (4).
necessary to action on draft, 301 (2).
of contract, by party not bound, 574 (2).
Accounting-called for by creditor's bill, 407 (1).
involving interests of deceased partner, 281 (4).
to reach partnership interests, 280 (1).
Accounts-adjustment of, crediting notes, 400.
of board of health, 452.
item presumably included in settlement, 554 (1).
settlement of, by giving note, 465 (4).
settlement of, between partners, no set-off. 72 (1).
Accumulations-void provision in will, 533 (1).
Acknowledgment—of recognizance, notary cannot take, 242 (2).
of tax-deed, by deputy auditor general, 49 (1).
Acquiescence-by husband, in deed to wife, 612.
in contract of employment, 557 (1).
1. Appearance in response to a summons to answer a complaint waives
the informality where the proper process should have been an order
to show cause. Curran v. Norris, 512.
2. Personal actions do not descend to heirs, and they cannot sue on a
contract made by their ancestor unless they have a cause of action
on covenants running with the land. Bourget v. Monroe. 563.
3. A joint defendant in equity who has allowed the bill to be taken as
confessed as to himself, is not thereby precluded from bringing an
action at law involving the same subject matter, if the bill itself made
out no case for relief.
action at law. Whether it could be so in any case without a plea in
And ordinarily a suit in equity is no bar to an
abatement or in bar-Q.
abandonment of suit by instituting another, 394 (5).
Wheeler v. Hatheway, 77.
against city, for defect in street, 41.
by administrator, to set aside mortgage, 340.
by builder of party-wall, 164.
by guardian to recover back funds. 268 (1, 3).
by mortgagees, for interference with possession, 617 (5).
by partner, against new firm, 72 (2).
effect of notice lis pendens, 393 (1), 394 (2–5).
for fatal injury, against township, 156 (1).
for goods taken under void judgment, 208 (3).
garnishment proceeding pleaded in abatement, 531 (1, 2).
joining wife as plaintiff, 503 (2).
mutual assignment among plaintiffs, 404 (1).
on assigned obligation, 274 (1, 4).
on marine insurance policy, proper plaintiffs, 132.
on note, by payee who indorses in blank, 297 (1).
on partnership note, question of lien, 297 (2).
suit in equity no bar, 77 (1).
to restrain enforcement of municipal contract, 416 (1).
Adjournment-mistake as to date of, 571.
Administrator-suit to set aside decedent's mortgage, 340.
ADMIRALTY.
1. The lien, if any exists against a vessel for supplies furnished in a
home port, is statutory, not maritime; but it can be enforced in the
admiralty court, though the record must show that the vessel is of
the class to which the statutory lien may attach. Gould v. Jacobson,
288.
2. The Admiralty Court, in a proceeding to enforce a lien against a ves-
sel, can obtain jurisdiction in rem only by its actual seizure by the
marshal, notice thereof and notice by publication of the time when
process shall be returned and the cause heard; and two weeks before
such return such notice shall have been given at least twice. District
Court Rules, 4, 9, 24. Id.
3. A recital of due publication in a return by a marshal does not cure
the want of it, where the facts are set forth in the return and show
that the publication was insufficient. Id.
replevin for vessel sold without jurisdiction, 288 (1).
Admission-by failing to file affidavit with plea, 278 (1).
Advancement--to heirs, 152 (1, 3-6).
Adverse-occupant to be defendant in ejectment, 432 (1).
possession by grantor, after his deed, 348 (3).
Advice of counsel-cannot enlarge client's rights, 187 (4).
AFFIDAVIT.
admission by failure to file, 278 (1).
for capias, waiver of objections, 187 (1).
for taxing witness fees, 247 (12–14).
not needed to plea in quo warranto, 516.
when taken to be true, on review, 372 (1).
Affirmance-costs withheld on, for harmless error, 307 (7).
on equal division, costs withheld, 107.
Agent-authority to abate debt, 177 (1).
right to defend principal's possession, 187 (3).
Alias-writ, to bar limitations, 67.
Alibi-impeachment of respondent swearing to, 368 (2).
Alimony-attempt to defeat execution for, 57 (1).
ALTERATION OF INSTRUMENTS.
In determining the existence of a forgery it is proper to consider the
relationship of the parties who profit and suffer by it, and the age
and mental condition of the latter. Crawford v. Hoeft, 1.
innocent purchasers under forged deed not protected, 1 (6).
Ambiguity-in answer of witness. 157 (5).
Amendment-of bill of costs, 248 (16).
of declaration for amount of order, 301 (4).
of declaration, for variance, 231 (1).
of declaration on appeal, 38 (1).
INDEX. Arbitration and reference. 659
of notice of special defense, 554 (2).
of name of principal defendant, against rights of intervening claim-
ant, 25.
of plea, in action by guardian, 268 (1).
of warrant for arrest, 325 (3).
striking out co-plaintiff's name from declaration, 148 (4).
Animals-injury to, on railway, 200 (2).
injury to horse from defect in street, 41.
trespass by, exemplary damages, 310.
Annexation-vested right to liquor tax, 240 (1, 2).
Annuity-accumulations under will, to pay, 533 (1).
Answer-effect of pro confesso, 494 (2).
requirement to answer over, on exceptions, 494 (1).
APPEAL.
1. An appeal from a justice may properly be allowed where the beaten
party relied on his attorneys and they were honestly mistaken about
the date of an adjournment, so that judgment was taken by default
and they did not hear of it until the time for appealing had gone by.
How. Stat. § 7005. Capwell v. Baxter, 571.
2. Any proceeding however called, whereby private rights are seri-
ously affected or wrongfully divested, is reviewable in some form.
First Nat. Bank v. Barnum Wire Works, 315.
3. An appeal in chancery will not lie that involves nothing but costs on
demurrer upon the dismissal of a bill without prejudice. Jenness v.
Smith, 280.
4. An order for the sale of assigned property by a receiver is final and
appealable where it provides for an entire disposal of the trust funds,
and may affect the claims of creditors and others, and where also it
contains special and unusual provisions as to notice of sale, and sale
in large lots, and allows to some claimants but denies to others inter-
ested certain privileges of buying on credit, and allows sales without
mortgage or other property security. First Nat. Bank v. Barnum
Wire Works, 315.
5. An appeal in chancery can be dismissed for want of jurisdiction
only. Id.
6. The jurisdiction to entertain an appeal is not affected by the ques-
tion whether or not the charges made turn out on hearing to need
redress, or the particular redress asked for. Id.
7. The merits of a case cannot be considered on a motion to dismiss an
appeal therein. Id.
8. Maps or plans ought to be furnished in the record where the case
is unintelligible without. Curtis v. Norton, 412.
amendment of declaration on, 38 (1).
criminal warrant not amendable on, 325 (3).
depositions may be used on, 148 (3).
from action on petition for redress against receiver, 315 (3).
from invalid decree of sale for taxes, 318.
from probate order, review on appeal, 549 (2).
in ejectment, costs on, 247 (9).
Appearance-must be shown by docket, 307 (1).
waives improper process, 512 (4).
Appointment-of election inspectors in Detroit, 213 (5).
of guardian for incompetent, 549 (1–4).
of receiver, 312 (3), 315 (2).
of surveyors, under drain law, 364 (1).
Appraisal-as evidence of value, 617 (6).
Approval of assignee's bond, omission of, 331 (1).
of liquor dealer's bond, 212.
Arbitration and reference-disallowance of item by referee, 554 (1).
Array-not affected by incompetency of jurors returned, 642 (7).
Arrest-justice's warrant for, for larceny, 325 (1–3).
objections to affidavit waived, 187 (1).
Assessment-illegal, tax-sale enjoined, 345 (2).
rolls, in evidence, to sustain tax-deed, 49 (2).
sale of partner's interest, what included, 72 (3).
ASSIGNMENT.
1. Evidence of the mutual assignment of interests among several
plaintiffs for the purpose of bringing joint suit, is inadmissible in an
action on the common counts, such assignment not being averred in
the declaration. Cilley v. Van Patten, 404.
2. In an action upon an assigned obligation, the assignor, if called as
a witness for the plaintiff, may properly be cross-examined as to any
material fact affecting the execution of the paper. Bulen v. Gran-
ger, 274.
amendment on appeal to show. 38 (1).
of certificate of tax-purchase, 542 (2, 3).
preventing offset of judgments, 204.
of labor claim, need not be written, 39 (5).
ASSIGNMENT FOR BENEFIT OF CREDITORS.
1. One can make an assignment for the benefit of his creditors without
being insolvent; and the assignment will be valid unless creditors
can show that it was made with the fraudulent intent of hindering
them. Munson v. Ellis, 332.
2. Whether an assignment for the benefit of creditors can be assailed
at law for the failure to file the assignée's bond until after creditors
have levied, if no proceeding has been taken in equity to enforce the
trust-Q. Id.
3. The omission of the county clerk to indorse his approval on the
bond of an assignce within ten days after the latter's appointment
does not invalidate the bond. How. Stat. § 8739. Id., 331.
4. An assignment for the benefit of creditors is not made void by the
failure to make the penalty of the assignee's bond double the amount
of the inventory. How. Stat. § 8739. Id, 331.
appointment of receiver not reviewed on mandamus, 312 (3).
order for sale by receiver, when final, 315 (6).
proceedings not removable to Superior Court, 311 (1).
receiver's position and duties, 315 (2).
redress against receiver, how had, 315 (3).
set-off by trustee of corporation, 124 (1).
1. Acceptance of beneficial services raises an implied assumpsit.
Donovan v. Halsey Fire Engine Co., 39.
2. Money voluntarily paid in the reasonable belief that it is due, and
after investigation or the opportunity therefor, and without fraud on
the part of the recipient, cannot be recovered back as paid under a
misapprehension. Wheeler v. Hatheway, 77.
3. Assumpsit lies for extra services in running a drive of logs where
the original contract only bound the plaintiff to run them within a
reasonable time and with reference to existing conditions, and the
extra services were such as becaine necessary and were agreed upon
in consequence of the failure of the stream in which they were run.
Davis v. Ladue, 226.
abandonment of special count, 557 (2).
against corporation, by receiving benefit of services, 38 (3).
declaration amended on appeal, 38 (1).
1. Attachment will not run for property exempt from execution, such
as a horse, wagon and harness used in defendant's business and
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