REPORTS OF CASES

HEARD AND DECIDED IN

The Supreme Court of Michigan,

AT THE

JULY AND OCTOBER TERMS, 1859.

THOMAS M. COOLEY, REPORTER.

VOL. III.

BEING VOLUME VII. OF THE SERIES.

ANN ARBOR:

PUBLISHED BY THE REPORTER.

DETROIT: 8. D. ELWOOD, AND F. RAYMOND & Co.

1860.

Entered according to Act of Congress, in the year 1860, by

THOMAS M. COOLEY,

In the Clerk's Office of the District Court of the United States for the District of

Michigan.

3-16-1860

BARNS, FRENCH & WAY, PRINTERS,

Tribune Office, Detroit, Mich.

Supreme Court of Michigan.

GEORGE MARTIN, Chief Justice.

RANDOLPH MANNING,

ISAAC P. CHRISTIANCY, Associate Justices. JAMES V. CAMPBELL,

JACOB M. HOWARD, Attorney General.

DANIEL GOODWIN, District Judge of the Upper Peninsula.

HENRY A. MORROW, Recorder of Detroit.

Additional Rule of the Supreme Court.

THE following additional Supreme Court Rule was adopted at the May Term, 1859:

When counsel residing out of the county of Wayne intend to take part in the argument of cases to be heard at the April and October Terms, at Detroit, such cases may have precedence during the first two weeks of the term, provided notice of the election to have them so heard. shall be given to the clerk and the opposing counsel at least six days before the commencement of the term; and in placing such cases upon the docket, the clerk shall designate such cases as country cases.

Rule 90 of the Chancery Rules was also amended by adding at the end of line 19, on page 88 of the rules, as published, the words "or voluntarily by the complainant," so as to give defendant the same costs when complainant voluntarily dismisses his bill, as when it is dismissed for default at the hearing, &c.