INDEX. ABSTRACT STATEMENTS OF LAW-See TRIAL (1, 2). 1. It is sufficient in a bill for an accounting, filed by the trustee 2. Insolvency is not a necessary averment of a bill of complaint See CORPORATIONS (1, 6); EQUITY (1, 2). ACTION. 1. As a general rule transitory actions must be brought in the 2. In the case of resident parties an action must be brought in the 3. Under 3 Comp. Laws, § 10015, regulating service of process on See ACCOUNTING (2); DEATH BY WRONGFUL ACT (1); MUNIC- 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 See EVIDENCE (8-10); PRINCIPAL AND AGENT (2). ANTENUPTIAL AGREEMENT-See CONTRACTS (1). APPARENT AUTHORITY—See PRINCIPAL and Agent (3, 4). 1. A chancery record which consists of a copy of the stenograph- 2. The objection that a plea to a bill in equity setting up the de- 3. In the absence of a request to the trial court to give its reasons 4. On error from a judgment for a defendant who died prior 5. The amendment of a bill of exceptions to include an omitted 7. The issuance of a writ of error from the Supreme Court is a 8. A verdict will not be set aside on the ground that it is against 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- 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). |