INDEX.

ABSTRACT STATEMENTS OF LAW-See TRIAL (1, 2).
ABUSE OF PROCESS-See MALICIOUS PROSECUTION (1).
ACCEPTANCE-See ESTOPPEL (2); PLEADING (1); SALES (10).
ACCOUNTING.

1. It is sufficient in a bill for an accounting, filed by the trustee
in bankruptcy of a promoter, that the averments show the
promoter was a contract creditor of the defendant corpora-
tion, by virtue of an assumption by it of the contract debt
of one of its stockholders owing to the promoter. Kimmerle
v. Dowagiac Gas Co., 34.

2. Insolvency is not a necessary averment of a bill of complaint
against a corporation which avers that the complainant's
assignor was the defendant's promoter, that it assumed an
obligation due to him from its principal stockholder and
arising out of his efforts as promoter, and that an accounting
is necessary to determine the amount due. Id.

See CORPORATIONS (1, 6); EQUITY (1, 2).

ACTION.

1. As a general rule transitory actions must be brought in the
county where service of process may be had, which is usual-
ly, although not necessarily, the county of residence of the
defendant. Smith v. Provident Savings Life Assurance Soci-
ety, 167.

2. In the case of resident parties an action must be brought in the
county where one of them resides, but where nonresidents
are sued, the action lies in any county where process may be
served. 3 Comp. Laws, § 10216. Id.

3. Under 3 Comp. Laws, § 10015, regulating service of process on
foreign insurance corporations, an action may be brought
against such corporation in the county of plaintiff's resi-
dence, or in any county where service can be had upon a
duly authorized agent of the defendant; the statute not be.
ing intended however to extend the jurisdiction so as to con-
fer it upon any other court of the State. Id.

See ACCOUNTING (2); DEATH BY WRONGFUL ACT (1); MUNIC-
IPAL CORPORATIONS (5); PARTNERSHIP (1-3); TAXATION
(2, 4, 5).

ACTION, ASSIGNMENT OF-See COSTS.

ACTION, CONTINUATION OF-See APPEAL AND ERROR (7).

ACTS OF CONGRESS-See CONSTITUTIONAL LAW (2, 3).

ACTS UNLAWFUL PER SE-See NEGLIGENCE (2).

ADEQUATE REMEDY AT LAW-See EQUITY (1); MANDAMUS (1).

ADJOURNMENT-See CRIMINAL LAW (10); JUSTICES OF THE PEACE (3).

ADMISSIONS-See EMINENT DOMAIN (4); EVIDENCE (26); PLEAD

ING.

ADULTERATION-See Food (1).

ADULTERY-See DIVORCE (1).

ADVERSE POSSESSION.

1. Occupancy of an alley by a lumber dealer who piled his lumber, which was continually being changed or removed, partly in the alley and partly on his own land, both being portions of a common at the time of purchase, constitutes a permissive user of the unused public way and not adverse possession, in the absence of a claim or color of title. Weber v. City of Detroit, 14.

2. To transform a permissive use into an adverse one there must be a distinct and positive assertion of a right hostile to the rights of the owner, and such assertion must be brought to his attention. Id.

3. No rights are acquired by the public in land owned by a complainant who built a fence to keep people out of his lumber yard, not on the line of the alley but within the boundary of his own property, and without any reference thereto. Id. See EASEMENTS (1-5).

ADVICE OF PROSECUTING ATTORNEY-See MALICIOUS PROSECUTION (2).

AFFIDAVITS-See APPEAL AND ERROR (14); ATTACHMEnt (3).

AGENCY-See EVIDENCE (8); PRINCIPAL AND AGENT.

ALIMONY-See DIVORCE (2, 4, 7, 8).

ALLEYS-See ADVERSE POSSESSION (1, 3).

ALLOWANCE OF CLAIMS-See EQUITY (4); ESTATES OF DECEDENTS (1, 2).

ALTERATION OF INSTRUMENTS-See DEEDS (1); TRIAL (2). AMENDMENT-See APPEAL AND ERROR (5, 13); CONSTITUTIONAL LAW (6); CONTRACTS (5); CRIMINAL LAW (14); INSURANCE (5).

ANIMALS.

An instruction to the jury was not error, that if they found the
dog was of such vicious character that it might have been
known by the defendant, had he exercised reasonable care and
attention and should have known of its character, the jury
might infer notice to him of its vicious propensities. Meilke
v. Schabble, 163.

See EVIDENCE (8-10); PRINCIPAL AND AGENT (2).

ANTENUPTIAL AGREEMENT-See CONTRACTS (1).

APPARENT AUTHORITY—See PRINCIPAL and Agent (3, 4).
APPEAL AND ERROR.

1. A chancery record which consists of a copy of the stenograph-
er's minutes of testimony, including the colloquies of counsel
and question and answer, is not in accordance with 3 Comp.
Laws, § 10188, requiring that the récord be settled as in
actions at law. Andrews v. Lavery, 26.

2. The objection that a plea to a bill in equity setting up the de-
fenses of res adjudicata and of the statute of limitations is
bad for duplicity, will not be held decisive on appeal where
the point was not made in the trial court. Andrews v. Os-
born, 77.

3. In the absence of a request to the trial court to give its reasons
in writing for the refusal of a new trial, no reasons appear-
ing in the record and no exceptions being taken to the
refusal, the Supreme Court will not review the action of the
lower court in denying a motion for a new trial. In re Ben-
der's Estate, 108.

4. On error from a judgment for a defendant who died prior
to the settlement of the bill of exceptions, and whose death
was not suggested on the record, the court will not review
such judgment until a party is substituted whom the judg-
ment of the court would bind. Courser v. Jackson, 119.

5. The amendment of a bill of exceptions to include an omitted
bill of sale on the order of the Supreme Court (Suchocki v.
Insurance Co., 158 Mich. 62 [122 N. W. 216]), in an action on
an insurance policy wherein a verdict was directed in
favor of the defendant on the ground that the plaintiff con-
veyed the insured property by bill of sale to secure a loan, is
conclusive of the question whether or not the bill of sale was
introduced in evidence. Suchocki v. Calumet Ins. Co., 121.
6. An assignment of error that the court erred in failing to submit
to the jury the question of waiver of defenses is too general
to be considered on appeal. O'Toole v. Ohio German Fire
Ins. Co., 187.

7. The issuance of a writ of error from the Supreme Court is a
continuation of the original cause, not a new proceeding.
Baumgarth v. Firemen's Fund Ins. Co., 207.

8. A verdict will not be set aside on the ground that it is against
the weight of the evidence unless the question was presented

APPEAL AND ERROR-Continued.

to the trial court on motion for a new trial. Northrup v. City of Pontiac, 250.

9. After the dismissal of an appeal to the Supreme Court, because the claim of appeal was not filed in time, it is discretionary with the circuit court to extend the time for filing the claim of appeal on terms, and mandamus will not issue to vacate such an extension for cause shown. Bliss v. Saginaw Circuit Judge, 507.

10. The court will not consider error assigned on the argument of the prosecuting attorney, upon a record which shows no exception or objection made at the time. People v. Giddings, 523.

11. Where a conditional order is entered permitting the execution of the judgment at law, the appellee must comply with the condition or rely on such protection as is afforded by the appeal bond, which does not continue the protection afforded by the preliminary injunction. Hulan v. Wayne Circuit Judge, 606.

12. After return is made to a writ of error the Supreme Court has exclusive jurisdiction to entertain a motion to file an appeal bond nunc pro tunc to stay proceedings on execution. Coeling v. Barnard, 634.

13. Appellate courts have power as an incident to their appellate character, on application, to amend an original appeal bond or require a new one. Id.

14. The affidavit of plaintiff's attorney, uncontradicted, that the appellant omitted to file the statutory appeal bond because he intended to pay the judgment for costs awarded against him, but had later discovered the defendant was irresponsible and that he could not recover them if he prevailed on error, is sufficient to warrant the court in granting the application. Id.

15. It is not an abuse of discretion unwarranted by Act No. 340, Pub. Acts 1907, for the circuit judge to extend the time for filing a claim of appeal in chancery, in behalf of a defendant whose attorney through an error omitted for seven months to file and serve the notice, although he prepared the record from the minutes obtained from the court stenographer and otherwise perfected the appeal in time. Klotz v. “Lenawee Circuit Judge, 639.

See CERTIORARI; CRIMINAL LAW (6); DIVORCE (2, 6); EM-
BEZZLEMENT (9); EVIDENCE (6, 15, 16, 23, 26); HUSBAND AND
WIFE; INJUNCTION (5, 6); JUSTICES OF THE PEACE (1);
MANDAMUS (8); NEW TRIAL (1); SALES (13, 14); TRIAL (3–7,
10).

APPEAL FROM JUSTICE'S COURT See JUSTICES OF THE PEACE (1).

ARGUMENT OF COUNSEL-See TRIAL (6).

ARGUMENT OF PROSECUTING ATTORNEY-See APPEAL AND ERROR (10); CRIMINAL LAW (6, 7).