MUNICIPAL JUDGES.

RECORDER'S COURT OF DETROIT,

(Jan. 7, Mar. 4, May 6, July 1, Sep. 2, Nov. 4, 1891.)

SUPERIOR COURT OF GRAND RAPIDS, EDWIN A. BURLINGAME,

AUDITOR GENERAL V. LAKE GEORGE & MUSKEGON RIVER RAIL-
ROAD COMPANY,..

426

Specific taxes-Suit for their collection of a railroad, company may be commenced in the name of the Auditor General by the direction of the Attorney General-Act No. 64, Laws of 1848 (How. Stat. §§ 1223, 1224), giving the State a lien upon the property of any company incorporated after its passage to secure such collection, includes all corporations so incorporated-How. Stat. § 3362, gives the State a paramount lien upon the personal property of a railroad company for specific taxes, which attaches when the Railroad Commissioner files with the Auditor General a computation of such taxes pursuant to How. Stat. § 3358-Power of Auditor General to issue his warrant or commence suit for the collection of said taxes is not limited as to time, and the lien of the State is not lost by his laches-Sale of a railroad under How. Stat. § 3403, is subject to the obligations and duties prescribed by the general railroad laws-Vendee cannot claim to be a bona fide purchaser as against the lien of

Auditor General v. Lake George, etc., R. R. Co.-Continued. the State for specific taxes due from vendor--Company and its assignees are entitled to use and possession of corporate property as against such lien until steps are legally taken to reduce it to possession for the purpose of enforcing the lien.

B.

BAKER, ILER V......

226

BARTLETT V. STREET RAILWAY COMPANY OF GRAND RAPIDS... 658
Ten-hour law of 1885-Suit to recover for extra time--
Recovery held barred by plaintiff's final settlement and
receipt covering extra time-Also, by contracting with
full knowledge of and with reference to defendant's cus-
tom and rule that contracts for service should be made
without reference to the number of hours constituting a
day's work.

BATES V. ALPENA CIRCUIT Judge.............

91

Res judicata-Writ of prohibition.

BATES V. HERRICK....

295

Findings of fact-Conclusive unless but one conclusion can be drawn from the evidence, and a contrary one has been drawn by the trial judge.

469

BEACH, WRIGHT V.....

BERGSTROM V. STAPLES..

Negligence-Decedent held to have been a fellow-servant of the engineer, whose negligence in starting the engine is claimed to have caused his death-Directing verdict -Points upon which it is directed should be stated to the jury by the court-If record shows that a correct result was reached, failure to do so is not reversible

error.

BERKERY V. WAYNE CIRcuit Judge..

Transcript of justice's judgment-Circuit court has no power to allow sufficient affidavits to be filed nunc pro tunc in place of defective ones filed with the transcript --Affidavit for transcript may be made by any dulyauthorized attorney, in which such authority may be

654

160