which the mortgage mentioned in it was to be given. - Barrows
v. Baughman, 213.
See MORTGAGE OF LANDS, 1, 2, 3; PLEADING AND EVIDENCE IN CHAN-
CERY, 7, 8, 9.
REMOVAL OF CAUSES TO UNITED STATES COURT.
See PRACTICE IN CIRCUIT COURTS, 8.
1. Where plaintiff in replevin is nonsuited, the defendant, if he
waive a return of the property, is entitled to a judgment for its
full value. And in an action upon the replevin bond afterwards,
the measure of damages is the amount of the judgment, and the
obligors can not show in mitigation of damages that the defendant
in replevin was but a part owner of the property. Williams v.
Vail, 162.
2. After judgment for the defendant in replevin, an execution was
issued, in form in assumpsit, and purporting to be in favor of a
plaintiff. It was not amended, but, after return unsatisfied, the
replevin bond was sued. It was held that this execution could
not be considered as in any proper sense an execution upon the
judgment in replevin; consequently no liability upon the replevin
bond was created by its return unsatisfied.— I bid.
See JOINT AND SEVERAL DEMANDS; REPLEVIN.
See EVIDENCE, 11 To 16; GRANT, 1, 2.
See DETROIT CITY, 5, 6, 7, 8, 9.
1. The city of Saginaw was incorporated of territory which constituted
about one-fourth of School District No. One of the township of
Saginaw. The officers of the district (being within the city)
thereafter assumed to be officers of School District No. One of
the city of Saginaw, and brought suit in that name to recover
moneys levied and collected for said School District No. One of
the township of Saginaw, claiming an identity of corporate exis-
tence. Held, that whether the plaintiff in the suit was identical
with School District No One of the township of Saginaw, was a
question of law, and not of fact for the jury. — Saginaw v. School
District No. One, 541.
2. Held further, that the city charter (which provided for a board of
city School Inspectors) had the effect to sever from the school
district the territory included in the city, but without in any
other respect depriving the district of any of its legal rights.
-Ibid.
The city in such case has no remedy to recover its proportion
of the school district moneys or other property, there being no
statute providing for such recovery. — Ibid.
See CONTRACT, 1; LAND CONTRACT.
1. Under the general issue, in an action of slander, the defendant
may show in mitigation of damages, that previous to the publica-
tion of the slanderous words by himself, reports to the same
effect were in common circulation in the vicinity of the plaintiff's
residence, and were communicated to the defendant. - Farr v.
Rasco, 353.
The heir at law of the vendee, and not the administrator, is the
proper party complainant to a bill in Chancery to compel the
specific performance by the vendor of a contract for the con-
veyance of lands. - House v. Dexter, 246.
2. A bill having been filed in such a case by the administrator,
praying a conveyance of the land to himself, the Court will not
allow it to be amended at the hearing, by substituting the heir
as the party complainant. - Ibid.
The Statute of 1853 (Comp. L. (990) is a standing appropriation
of one half the specific taxes collected from mining companies,
to the counties respectively. - People v. Auditor General, 141.
Court of Chancery, appeal from, ý 3596 et seq; 148, 164, 222, 346, 490, 492
Discovery in, (3485.
Criminal Law, rape, assault with intent, &c., § 5730, 5731; Ch. 192, 153
Bail, exceptions, Ch. 165,
Damages, nominal, Ch. 174,
Evidence, depositions, 4270 et seq,
Estates of Deceased persons. [See Administration: Specific Perform-
Justices' Courts, transcript of judgment; appeal, ( 3832, 3786-8; 252
Adjournment, ( 3784, 3738.
Married Women, rights and property of, § 3287 et seq; § 2825; 74 et seq.
Probate Courts, power to compel discovery, ◊◊ 2905, 2906
Probate Judge, vacancy in office of, 491, and Constitution
Plank Road Companies, forfeiture for failure to construct or repair 285
Replevin Bond, damages in action on, 5044
Railroad Companies, subscriptions to under General Incorporation act 269
Specific Performance, Chap. 100
Taxation, exemption of Charitable, &c. Societies from, (786, 788; 94
Exemption of lands from under act admitting Michigan to the Union 134
Rejection of taxes improperly assessed, 888 to 853; (858, 134
Deed as evidence; description of lands on roll and in deed . 332
Uses and Trusts, ý 2633, 2637, 2638
Usury,
DETROIT, CHARTER OF.
Vacating Public Grounds,
Duties and powers of Constables,
Trials in Recorder's Court,
Letting contracts for sewers, liability for injuries,
See DETROIT CITY, 3 TO 9; HIGHWAYS.
See MORTGAGE OF LANDS, 3.
See PRINCIPAL AND SURETY.
The statutes exempt from taxation "such real estate belonging
to" library, benevolent, charitable and scientific institutions, "as shall
actually be occupied by them for the purposes for which they were
incorporated." Certain real estate was deeded to a church, in
fee, "to the end that they might, from time to time, as they
should deem necessary, erect thereupon any buildings or improve-
ments suitable for ecclesiastical, literary or benevolent purposes,"
and was leased to the Sisters of Charity for thirty years, at a
nominal rent, for charitable purposes, and was actually occupied
for such purposes. Whether the premises, while held and occupied
under this lease, are exempt from taxation under the statute as
"real estate belonging to" the Sisters of Charity, quere : — the
Court being equally divided on the question. - Sisters of Charity
v. Detroit, 94.
The compact under which Michigan was admitted into the Union
exempts from taxes certain military bounty lands, while they con-
tinue to be held by the patentees and their heirs, "for the term
of three years from and after the date of the patents" therefor. This
language being clear and unambiguous, must be applied precisely
according to its tenor, and can not be held to mean three years
from the location of the land. People v. Auditor General, 134.
Where lands thus exempt have been taxed, the Auditor General
may reject the taxes on his own motion, and he may be com-
pelled to do so by mandamus, on application of the owner.-Ibid.
See MICHIGAN SOUTHERN AND NORTHERN INDIANA RAILROAD Co.
9 MICH,-2M,
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