text
stringlengths 12
234k
| embeddings
sequencelengths 1.02k
1.02k
|
|---|---|
To compel respondent to receive a complaint and issue a warrant for the violation of the liquor law.
Denied July 28, 1892.
Respondent denied that he had refused to receive a complaint or that he had refused to allow rélator to make and swear to such complaint.
As the application • appeared to have been filed in the public interest no costs were awarded. | [
35,
-43,
-15,
47,
28,
40,
-14,
15,
-22,
11,
7,
-72,
-7,
22,
45,
30,
36,
29,
48,
-66,
54,
-7,
-31,
28,
-4,
-45,
27,
10,
-52,
-14,
19,
26,
-42,
-3,
31,
-63,
-11,
-22,
48,
38,
-33,
22,
17,
1,
-32,
-34,
-73,
-35,
-52,
30,
4,
-50,
-12,
38,
11,
33,
10,
-21,
-2,
0,
-24,
28,
-16,
20,
-40,
-6,
-66,
5,
-23,
-6,
-4,
-6,
-46,
22,
44,
-1,
11,
-4,
-6,
34,
17,
90,
27,
19,
9,
50,
-12,
-23,
35,
-4,
-19,
14,
-92,
14,
-19,
38,
-40,
53,
15,
35,
58,
-2,
-42,
-2,
17,
11,
23,
13,
-51,
-8,
0,
-35,
26,
-16,
-25,
-29,
-25,
-3,
8,
-27,
-3,
22,
62,
17,
-28,
4,
0,
-43,
0,
19,
14,
12,
67,
-17,
6,
-37,
41,
2,
-24,
-16,
-19,
28,
6,
-33,
38,
-63,
-1,
46,
-10,
47,
3,
62,
-19,
26,
-15,
57,
97,
-29,
18,
-28,
-16,
31,
-53,
-39,
50,
-25,
-18,
27,
15,
-9,
19,
63,
14,
38,
18,
-120,
51,
11,
-11,
44,
21,
-2,
38,
33,
73,
4,
-9,
-2,
-1,
-22,
-56,
-43,
39,
34,
-4,
18,
15,
-45,
57,
-1,
-25,
26,
-62,
2,
31,
-3,
-2,
6,
-42,
15,
-14,
36,
-22,
0,
25,
-32,
-2,
17,
24,
34,
-49,
60,
-1,
-3,
-72,
-6,
0,
40,
-51,
25,
10,
-32,
9,
41,
57,
-32,
50,
-2,
51,
50,
-31,
36,
-49,
-17,
9,
-31,
-15,
42,
8,
-22,
57,
26,
23,
-12,
-59,
18,
-13,
14,
52,
-13,
1,
7,
48,
10,
-42,
-80,
16,
24,
11,
53,
-22,
0,
12,
-1,
-7,
4,
-37,
-12,
12,
0,
-36,
7,
-7,
28,
-17,
-8,
-27,
-14,
2,
13,
3,
-10,
-25,
-34,
28,
17,
-71,
51,
-10,
-23,
14,
-26,
13,
-13,
-22,
-20,
24,
-11,
48,
-6,
32,
-11,
-41,
59,
17,
6,
23,
-46,
-43,
-37,
-20,
-42,
-32,
18,
-43,
-18,
0,
41,
24,
-12,
-4,
4,
-34,
3,
-8,
28,
61,
-36,
-19,
74,
15,
32,
4,
47,
-13,
24,
-25,
-41,
34,
20,
-33,
-25,
-10,
-17,
-1,
14,
-41,
-23,
-15,
53,
14,
-15,
-13,
-5,
42,
-33,
10,
0,
29,
-3,
-17,
-13,
-29,
-21,
-18,
0,
-24,
18,
-72,
-33,
19,
-35,
23,
19,
32,
27,
20,
9,
-21,
-2,
67,
32,
8,
-20,
-44,
-25,
-10,
0,
46,
3,
-53,
19,
24,
43,
2,
-6,
7,
56,
23,
-11,
-2,
-22,
5,
20,
15,
42,
7,
-9,
79,
-5,
-13,
-25,
-41,
6,
15,
-11,
24,
7,
12,
43,
-36,
-1,
46,
11,
-19,
-9,
24,
-49,
-16,
-67,
-19,
15,
14,
50,
-11,
-35,
-68,
-34,
-18,
-5,
-21,
11,
-60,
0,
-11,
49,
37,
60,
26,
7,
6,
36,
-36,
-3,
7,
15,
-20,
4,
19,
11,
-22,
37,
-7,
-52,
-88,
2,
54,
39,
-30,
10,
-35,
47,
35,
-42,
22,
-26,
44,
-17,
8,
26,
5,
-7,
-26,
66,
-16,
14,
10,
-39,
-22,
72,
-4,
22,
-43,
28,
32,
5,
0,
56,
51,
-11,
-17,
27,
-19,
-38,
14,
36,
-54,
-31,
-34,
-55,
-1,
45,
-12,
-34,
-5,
28,
-11,
-50,
6,
-5,
20,
-9,
-6,
3,
-49,
-9,
20,
-4,
2,
61,
39,
3,
4,
26,
9,
33,
-18,
-18,
35,
-36,
-48,
30,
13,
25,
-60,
-37,
3,
-38,
-82,
34,
5,
-11,
-9,
-45,
-46,
-25,
24,
55,
-8,
37,
-28,
48,
-24,
29,
-2,
16,
-35,
-17,
15,
-6,
-3,
-32,
-25,
-30,
-9,
-41,
-62,
-7,
-86,
-27,
-87,
57,
6,
-23,
-22,
29,
-41,
-27,
8,
5,
-13,
52,
6,
-20,
-47,
13,
-12,
44,
0,
-3,
25,
38,
28,
-35,
-1,
30,
15,
10,
39,
-33,
-44,
1,
-51,
-10,
-41,
-30,
31,
-27,
15,
24,
-68,
24,
-10,
-5,
3,
8,
-27,
93,
-5,
-22,
11,
-21,
-56,
-26,
-14,
31,
67,
15,
-14,
-18,
-40,
-3,
56,
4,
-10,
34,
-54,
-24,
29,
9,
-21,
-43,
-13,
12,
-12,
3,
22,
38,
3,
67,
10,
-33,
5,
-1,
-11,
-21,
-7,
33,
-9,
31,
-20,
-50,
47,
-39,
15,
14,
18,
24,
2,
-10,
23,
-73,
20,
3,
17,
33,
-57,
1,
3,
26,
20,
-59,
41,
-16,
17,
-37,
-17,
-64,
-5,
13,
4,
-7,
-10,
-25,
48,
-39,
-24,
35,
58,
4,
-3,
-51,
45,
51,
-50,
32,
-24,
13,
35,
-28,
-30,
9,
65,
-33,
-8,
-36,
-18,
-39,
36,
0,
-9,
-16,
0,
-19,
50,
-47,
-36,
-6,
-53,
28,
13,
-48,
-73,
46,
19,
-28,
-38,
-44,
-9,
5,
11,
6,
4,
-18,
-36,
34,
-28,
-13,
65,
67,
13,
-42,
45,
-72,
3,
2,
29,
-10,
53,
7,
-3,
-61,
-47,
21,
24,
9,
9,
4,
-17,
-55,
14,
-28,
-14,
-6,
-9,
1,
41,
-16,
-14,
-12,
-38,
-28,
11,
-12,
-3,
-15,
3,
27,
-72,
-2,
-13,
-40,
-62,
-33,
-41,
-48,
-13,
5,
3,
-9,
7,
8,
32,
65,
-17,
-11,
42,
31,
-5,
-1,
3,
-18,
56,
-19,
-26,
-60,
25,
-21,
-10,
15,
9,
14,
43,
9,
25,
-20,
-32,
-14,
-11,
42,
-25,
-1,
-29,
16,
-12,
12,
33,
-3,
-19,
40,
5,
6,
30,
-12,
-20,
8,
1,
-22,
27,
-38,
65,
-57,
-5,
41,
-8,
14,
22,
16,
38,
-32,
0,
-23,
28,
-14,
30,
-33,
-23,
4,
0,
19,
87,
-14,
37,
47,
1,
-37,
23,
-6,
0,
-12,
-42,
-10,
6,
64,
5,
-61,
15,
1,
-14,
4,
-8,
-33,
-53,
-53,
20,
-49,
-30,
7,
36,
-22,
46,
25,
-41,
18,
-6,
1,
1,
29,
8,
-40,
8,
-49,
-26,
25,
-49,
27,
30,
12,
26,
57,
-35,
-2,
9,
-45,
-36,
48,
-23,
-9,
22,
28,
8,
4,
-5,
10,
-1,
40,
13,
13,
-36,
59,
18,
35,
-6,
36,
-32,
61,
19,
17,
20,
20,
-21,
45,
2,
16,
-57,
53,
-28,
-33,
0,
8,
46,
-8,
12,
2,
-60,
11,
42,
5,
-1,
5,
-13,
-36,
-48,
-14,
38,
1,
-89,
64,
-24,
28,
-15,
6,
-56,
-15,
47,
-5,
31,
9,
1,
-47,
-27,
-52,
-27,
23,
17,
1,
23,
-11,
-6,
-5,
15,
-50,
-34,
6
] |
To vacate an. order granting a new trial in an ejectment case, where the court concluded that a ruling made upon the trial was erroneous and the only question raised is as to the correctness of the ruling.
Order to show cause denied January 7, 1896, on the ground that the matter of granting a new trial was within the discretion of the circuit judge. | [
6,
-7,
13,
12,
2,
-51,
10,
30,
-16,
27,
6,
1,
21,
-65,
-12,
15,
19,
-2,
32,
16,
-33,
16,
-15,
-8,
-13,
-23,
53,
0,
-25,
-89,
-27,
-24,
3,
9,
-10,
-22,
-52,
-14,
-43,
6,
-6,
13,
15,
-25,
-37,
-37,
-47,
16,
-36,
42,
-15,
-20,
-86,
24,
-6,
11,
-1,
17,
8,
25,
-13,
-1,
1,
23,
-23,
40,
-44,
-55,
-41,
24,
-13,
-5,
21,
-8,
-29,
-53,
-29,
13,
-12,
13,
69,
23,
7,
7,
-14,
7,
21,
-16,
41,
0,
-1,
50,
-91,
19,
-42,
3,
4,
-20,
26,
-20,
15,
-14,
4,
-15,
-28,
-44,
13,
12,
-39,
-65,
35,
18,
32,
-36,
-4,
22,
-39,
-20,
0,
-67,
8,
-1,
4,
-21,
15,
38,
20,
-8,
7,
-8,
-76,
-21,
-4,
-12,
6,
-3,
52,
58,
-79,
-15,
47,
14,
39,
-1,
0,
2,
72,
4,
-25,
15,
5,
56,
-25,
48,
-42,
5,
-4,
-23,
21,
14,
4,
84,
-35,
-17,
27,
-24,
-8,
22,
37,
3,
-39,
40,
31,
-8,
33,
14,
37,
13,
-25,
-7,
-30,
40,
-14,
-7,
18,
-17,
-17,
23,
16,
24,
-24,
-26,
12,
10,
-1,
-6,
13,
-2,
62,
-4,
7,
21,
-41,
-69,
8,
26,
10,
5,
22,
37,
-17,
39,
3,
-24,
92,
-26,
65,
6,
7,
-18,
-17,
33,
-1,
63,
-55,
-27,
10,
20,
-57,
82,
-4,
52,
2,
-11,
32,
0,
4,
-31,
8,
0,
4,
53,
0,
-10,
-16,
-19,
-33,
53,
14,
-46,
32,
21,
42,
5,
44,
31,
-45,
-26,
0,
31,
48,
9,
-18,
-43,
-40,
-6,
-16,
-9,
64,
-53,
40,
-40,
-6,
-20,
69,
24,
-7,
17,
-3,
13,
-7,
31,
-36,
-31,
-78,
27,
-9,
-31,
-8,
52,
-60,
-20,
-65,
58,
-14,
23,
24,
94,
7,
-28,
-12,
-15,
-8,
4,
14,
-17,
35,
-37,
-27,
1,
-20,
35,
-2,
-5,
-11,
17,
2,
-31,
-57,
-44,
-10,
-1,
-21,
-54,
11,
47,
22,
-26,
20,
10,
49,
23,
-12,
15,
-10,
37,
-7,
-10,
31,
32,
57,
-49,
-110,
-13,
-9,
-38,
23,
-12,
-45,
18,
-2,
-22,
34,
6,
-25,
0,
-61,
-79,
0,
-33,
20,
-11,
-5,
-3,
88,
-47,
3,
-28,
-26,
5,
-47,
-60,
5,
-50,
-39,
12,
53,
-33,
-27,
8,
-22,
-7,
-68,
-28,
17,
52,
14,
17,
-12,
0,
32,
-10,
-28,
-21,
-6,
54,
-17,
38,
-44,
35,
20,
-2,
-66,
-3,
-8,
-45,
5,
-35,
47,
4,
37,
-4,
59,
51,
1,
-5,
-15,
9,
17,
-17,
-38,
-66,
-33,
2,
-21,
10,
1,
-41,
45,
-7,
37,
3,
-15,
0,
-21,
65,
-35,
-54,
-2,
-5,
9,
8,
-31,
88,
1,
-5,
12,
-18,
-34,
16,
18,
-22,
21,
-19,
16,
-26,
5,
42,
-14,
36,
27,
-7,
-15,
15,
5,
29,
-43,
26,
0,
37,
13,
-29,
26,
29,
-18,
24,
25,
14,
7,
-15,
35,
33,
-17,
31,
19,
5,
-16,
-35,
37,
20,
-51,
65,
26,
-16,
9,
6,
-60,
-24,
19,
35,
-49,
21,
11,
-37,
51,
3,
48,
-27,
2,
30,
-17,
32,
39,
12,
50,
-9,
-21,
-19,
-47,
-7,
-13,
-51,
-17,
-27,
6,
-23,
-47,
-20,
-1,
-13,
110,
41,
22,
12,
-8,
5,
-42,
-68,
18,
11,
6,
34,
24,
32,
18,
38,
6,
-3,
4,
16,
18,
53,
-13,
-5,
-27,
-17,
-11,
-21,
13,
-32,
44,
-33,
-12,
-7,
-16,
26,
12,
-54,
-5,
24,
55,
13,
-41,
9,
11,
14,
-30,
44,
47,
2,
-37,
-20,
4,
16,
66,
-68,
-4,
-39,
-30,
7,
-35,
-3,
28,
-16,
12,
0,
-5,
5,
46,
22,
-27,
31,
-21,
60,
55,
1,
15,
7,
-20,
-3,
57,
37,
-30,
15,
16,
10,
2,
71,
-4,
8,
-29,
-41,
-20,
-31,
-48,
-38,
2,
-5,
42,
-34,
-40,
55,
18,
-7,
-12,
58,
18,
6,
37,
16,
-10,
67,
9,
-71,
-53,
23,
-4,
-27,
26,
-3,
31,
10,
-3,
4,
62,
5,
24,
-12,
33,
-24,
5,
-22,
-33,
-62,
-22,
12,
-61,
44,
-15,
-1,
11,
42,
61,
36,
-53,
51,
19,
3,
-18,
-21,
0,
5,
15,
13,
0,
13,
-13,
54,
19,
15,
30,
-17,
45,
23,
37,
-1,
7,
8,
-22,
-13,
9,
23,
18,
-1,
19,
-43,
-7,
2,
34,
16,
-48,
39,
29,
-8,
74,
-29,
40,
-8,
9,
-59,
50,
-6,
0,
61,
-104,
14,
15,
0,
33,
-77,
-6,
-71,
26,
15,
-10,
69,
-47,
4,
25,
-4,
-44,
-20,
-15,
24,
-12,
29,
-50,
-29,
-40,
-29,
46,
-58,
-11,
-5,
-7,
24,
-2,
-13,
32,
-4,
7,
-5,
7,
-30,
-39,
48,
1,
25,
17,
51,
2,
-4,
35,
-54,
-19,
25,
-7,
-16,
8,
-2,
40,
-55,
-33,
11,
29,
-48,
-4,
59,
-29,
-57,
88,
-66,
-65,
-8,
-46,
-39,
-40,
-99,
-2,
14,
30,
10,
14,
34,
-79,
14,
8,
50,
10,
-26,
-13,
4,
-7,
-8,
40,
-19,
29,
4,
-28,
-25,
3,
33,
21,
52,
84,
3,
-14,
-23,
8,
34,
18,
-47,
75,
-22,
-18,
-84,
29,
26,
-9,
6,
-80,
-14,
17,
20,
-53,
-44,
-32,
49,
31,
11,
18,
24,
-32,
-65,
-45,
-60,
24,
-84,
35,
11,
24,
35,
5,
-31,
1,
-12,
-2,
19,
52,
-55,
14,
-13,
0,
1,
-41,
6,
-42,
-43,
1,
15,
26,
-47,
23,
-6,
18,
-25,
-77,
-7,
-52,
40,
24,
-6,
13,
25,
30,
20,
6,
-43,
-17,
-30,
-23,
-16,
51,
-27,
30,
-35,
-8,
-3,
19,
21,
2,
18,
-9,
-59,
68,
14,
-13,
24,
-4,
-31,
27,
22,
2,
-12,
3,
-56,
17,
-36,
9,
-14,
-5,
23,
-2,
-56,
-4,
-24,
-24,
-24,
42,
1,
-2,
-4,
17,
6,
-7,
4,
-24,
16,
29,
66,
-18,
-8,
-38,
-86,
8,
21,
3,
-1,
-10,
-41,
10,
0,
71,
-46,
37,
13,
14,
6,
-48,
15,
-16,
3,
30,
4,
-71,
-16,
4,
-12,
-14,
15,
19,
-72,
-28,
-73,
-33,
10,
-28,
5,
25,
7,
-16,
-13,
-19,
35,
-22,
71,
-6,
2,
35,
69,
17,
0,
47,
-70,
-5,
-2,
-42,
-22,
-30,
31,
15,
7,
15,
21,
-62,
0,
-63,
-28,
12,
-39,
12,
28,
-24,
24
] |
To compel respondent to obey a mandate of commitment.
Denied February 10, 1892. Opinion filed February 16, 1892. | [
31,
-41,
0,
18,
20,
71,
22,
52,
5,
-35,
-16,
-53,
3,
38,
40,
6,
30,
33,
38,
12,
21,
2,
15,
8,
22,
-1,
55,
-3,
-37,
35,
68,
17,
-37,
3,
-39,
-103,
-20,
9,
56,
-1,
-4,
-26,
-33,
-3,
-60,
-62,
-31,
-24,
-34,
9,
24,
-26,
-35,
64,
-18,
54,
19,
-16,
-43,
56,
-42,
-39,
14,
70,
-51,
-25,
-14,
57,
10,
-2,
-18,
-50,
37,
-7,
52,
-2,
-61,
-10,
-14,
-8,
16,
33,
3,
-8,
-2,
41,
-28,
-3,
11,
52,
9,
-42,
-84,
-8,
-22,
38,
-42,
14,
21,
-31,
50,
13,
-14,
70,
-50,
-7,
-6,
10,
-1,
0,
17,
12,
6,
-9,
-27,
-1,
-50,
45,
4,
-91,
-32,
24,
17,
-12,
-35,
-10,
-18,
-73,
25,
-52,
-68,
24,
63,
19,
24,
-11,
61,
-23,
-38,
11,
-19,
37,
39,
4,
30,
-15,
-36,
22,
-18,
39,
48,
30,
42,
27,
16,
5,
19,
-13,
-8,
-7,
25,
54,
-46,
-12,
5,
9,
-19,
30,
-8,
0,
39,
37,
-2,
-35,
-26,
-34,
-10,
25,
35,
27,
-44,
6,
47,
1,
58,
21,
-33,
37,
18,
9,
-97,
2,
56,
58,
-8,
9,
-4,
-55,
21,
7,
14,
50,
-49,
-2,
5,
-38,
6,
8,
-23,
14,
-14,
37,
-30,
-15,
-15,
58,
-64,
-9,
30,
25,
-8,
38,
-66,
11,
-20,
-11,
35,
24,
-59,
0,
22,
53,
-6,
59,
23,
44,
8,
-10,
27,
9,
-9,
25,
32,
-1,
-8,
-2,
2,
22,
36,
-15,
34,
43,
22,
57,
-66,
0,
-40,
23,
-15,
-7,
15,
39,
22,
-4,
7,
-17,
38,
-38,
92,
-6,
-11,
0,
1,
7,
-3,
7,
32,
-67,
0,
-30,
-63,
27,
-43,
26,
-31,
-11,
-8,
-7,
-41,
-25,
38,
-46,
44,
27,
88,
9,
-75,
25,
-17,
-52,
54,
-30,
44,
15,
13,
-30,
-40,
-14,
73,
-51,
-2,
3,
-27,
-6,
-30,
-3,
59,
-50,
37,
-26,
-31,
-8,
10,
87,
-29,
-48,
-13,
12,
39,
42,
-35,
-4,
-9,
30,
24,
43,
29,
-24,
-12,
9,
10,
61,
21,
0,
-47,
15,
2,
-39,
-11,
45,
-13,
6,
-5,
-38,
-57,
15,
-39,
-17,
-15,
-13,
-11,
-36,
37,
-13,
39,
31,
3,
-34,
13,
4,
-18,
-13,
-52,
-48,
33,
15,
3,
65,
-20,
18,
-30,
-2,
11,
18,
17,
27,
4,
45,
35,
-63,
12,
-4,
-48,
-4,
-46,
17,
32,
32,
24,
-43,
-39,
26,
28,
-7,
-5,
79,
29,
28,
-26,
49,
-9,
31,
-17,
3,
4,
-17,
-12,
-2,
83,
-24,
-11,
-28,
0,
72,
-6,
19,
-29,
-8,
-36,
-4,
-38,
-35,
39,
19,
-81,
-57,
31,
-69,
79,
-79,
-17,
42,
47,
58,
9,
-18,
0,
-20,
-15,
14,
-20,
-25,
-5,
-9,
-4,
-10,
12,
40,
4,
16,
-33,
52,
-36,
0,
19,
22,
-70,
6,
14,
-7,
-16,
28,
28,
-5,
-34,
-21,
-11,
31,
7,
-29,
-28,
4,
-1,
-37,
7,
-23,
26,
1,
26,
-10,
-21,
-4,
28,
47,
-31,
75,
-26,
-33,
-19,
98,
1,
59,
-46,
41,
-12,
-7,
36,
1,
28,
-35,
56,
8,
10,
12,
19,
6,
2,
-7,
6,
0,
-19,
71,
6,
-41,
-9,
42,
-5,
-9,
-43,
16,
54,
8,
-26,
-36,
-65,
15,
2,
14,
-1,
-51,
37,
17,
-29,
48,
14,
17,
-13,
56,
19,
-63,
-25,
67,
13,
13,
-45,
-84,
16,
-35,
-64,
18,
9,
-77,
1,
-48,
-68,
-30,
12,
70,
-2,
0,
26,
31,
-102,
72,
14,
16,
32,
-25,
-8,
-10,
16,
6,
-57,
-42,
15,
-12,
-32,
9,
-88,
-20,
-51,
3,
-4,
8,
-26,
-29,
-5,
20,
32,
28,
-37,
100,
-10,
-50,
-32,
-5,
-9,
-7,
46,
6,
-15,
-10,
-1,
-14,
15,
20,
33,
52,
8,
-66,
-49,
57,
-13,
-42,
-35,
-25,
-14,
-34,
-8,
24,
-49,
-12,
-4,
5,
0,
23,
-22,
34,
16,
-25,
19,
17,
-38,
-19,
-26,
43,
-39,
11,
13,
24,
1,
14,
6,
-73,
38,
59,
-14,
-10,
26,
66,
30,
1,
-41,
-19,
36,
18,
-28,
39,
13,
1,
-27,
30,
-19,
-33,
-1,
21,
58,
42,
22,
11,
-24,
-4,
26,
-39,
38,
-38,
46,
60,
9,
-39,
40,
-66,
67,
21,
-12,
-42,
-44,
34,
54,
-3,
38,
8,
21,
-29,
-2,
-62,
-40,
6,
-57,
7,
-36,
3,
7,
-26,
22,
-11,
-45,
-2,
64,
-23,
-15,
-4,
-32,
54,
-31,
71,
-50,
1,
12,
-3,
-41,
-31,
-15,
-35,
-12,
6,
0,
45,
54,
-60,
13,
8,
-85,
24,
-1,
-12,
-54,
-31,
-63,
35,
8,
-104,
1,
34,
-40,
-5,
-54,
-45,
-8,
30,
-26,
7,
-19,
36,
10,
8,
-28,
-43,
0,
22,
58,
-52,
58,
-16,
-58,
-27,
12,
0,
31,
35,
-2,
-33,
-31,
-21,
-23,
-23,
15,
2,
-6,
0,
-8,
-20,
-18,
2,
76,
22,
50,
-23,
-16,
-15,
-8,
-41,
-11,
-7,
6,
12,
5,
3,
-47,
-3,
-1,
16,
-73,
9,
-36,
0,
-1,
-3,
8,
-26,
0,
31,
22,
44,
6,
-28,
18,
18,
-39,
3,
78,
-16,
-20,
-36,
-49,
-40,
-29,
-7,
-32,
43,
-17,
-3,
46,
-39,
31,
2,
0,
-25,
-5,
10,
28,
-5,
-27,
33,
-63,
-4,
23,
-10,
15,
50,
-60,
-4,
25,
8,
24,
-10,
-30,
-29,
69,
28,
33,
-45,
17,
-15,
3,
38,
36,
13,
35,
31,
-6,
25,
32,
16,
-26,
-12,
27,
27,
-24,
2,
60,
-22,
7,
28,
5,
2,
-11,
-16,
-9,
37,
-29,
4,
-5,
49,
7,
8,
40,
9,
16,
-33,
5,
18,
4,
-21,
28,
-5,
-40,
-66,
12,
-13,
81,
30,
-32,
-20,
8,
-6,
-45,
13,
15,
-92,
26,
-6,
12,
-5,
27,
30,
73,
10,
59,
-49,
16,
-23,
-85,
-57,
-52,
18,
2,
-24,
10,
-23,
-16,
14,
-10,
-33,
-44,
26,
13,
46,
-59,
28,
-7,
7,
34,
9,
0,
-14,
76,
-23,
-35,
-18,
18,
87,
-18,
-6,
-66,
53,
-50,
-74,
4,
-17,
10,
-11,
25,
-20,
-80,
28,
10,
-15,
-50,
-70,
36,
-13,
-18,
-29,
-9,
-14,
-41,
36,
-7,
51,
-50,
6,
-23,
19,
-54,
-16,
3,
13,
-3,
-24,
28,
-2,
-15,
5,
27,
-6,
55,
-20,
57,
-16,
-3,
-10,
-47,
5
] |
When there is money belonging to a specific fund to- pay orders against it, mandamus is the proper remedy to enforce their payment, but when there is no money belonging to such fund, the remedy must be to supply the deficiency, and in neither case will an action lie against the city on such orders.
Decided July 9, 1872. | [
-37,
43,
25,
46,
8,
35,
60,
-35,
30,
16,
-12,
19,
23,
0,
-6,
-38,
-9,
12,
-36,
-30,
6,
-17,
23,
0,
6,
48,
27,
8,
-30,
-25,
-7,
-68,
15,
24,
-64,
-1,
-41,
-3,
83,
-38,
-15,
10,
-34,
36,
10,
-29,
-31,
1,
-10,
-38,
-47,
-2,
-20,
-4,
-32,
-4,
21,
-22,
-54,
0,
-32,
-48,
7,
16,
-2,
-33,
-46,
-15,
16,
20,
-52,
79,
25,
-6,
39,
20,
38,
-35,
29,
-3,
0,
-11,
-32,
51,
0,
22,
-49,
32,
-24,
-19,
-51,
-21,
-38,
46,
-15,
37,
-26,
30,
-3,
28,
2,
-41,
-52,
23,
36,
-55,
-25,
-21,
-58,
-6,
19,
18,
35,
-20,
-30,
6,
-40,
2,
-12,
-20,
-9,
13,
-2,
-19,
-51,
40,
-13,
-5,
-2,
-36,
-4,
-11,
-37,
4,
-16,
-35,
17,
25,
-19,
18,
25,
-55,
-3,
-13,
16,
-57,
61,
0,
44,
1,
-29,
5,
-6,
45,
13,
-61,
-40,
-50,
22,
-14,
13,
49,
-29,
-38,
13,
2,
-6,
18,
0,
54,
-11,
29,
-50,
30,
45,
-24,
-11,
-21,
-2,
-37,
45,
-1,
-10,
27,
15,
45,
-30,
27,
18,
-29,
-25,
-9,
-4,
66,
-22,
-38,
29,
-30,
35,
-18,
-43,
2,
-43,
-66,
-13,
-10,
39,
10,
-46,
42,
13,
9,
25,
13,
-55,
15,
-11,
-34,
-23,
-33,
-14,
4,
1,
32,
-27,
-23,
13,
24,
-36,
34,
0,
44,
21,
-27,
55,
3,
5,
33,
-5,
63,
-3,
56,
-70,
-20,
28,
-23,
18,
6,
-25,
-15,
-24,
-33,
6,
50,
-8,
15,
-24,
14,
7,
-28,
7,
33,
0,
-42,
-2,
-31,
11,
-7,
-7,
56,
-22,
-7,
65,
-12,
18,
-13,
-40,
17,
-15,
57,
-45,
-7,
-48,
35,
-1,
9,
-1,
-14,
7,
39,
21,
-66,
32,
15,
37,
50,
-67,
9,
-10,
-7,
-46,
-26,
-1,
50,
33,
-2,
-17,
-6,
-4,
-44,
4,
34,
-16,
-15,
7,
41,
6,
-12,
-35,
-29,
46,
-6,
23,
-47,
1,
20,
29,
-3,
-15,
-9,
28,
50,
32,
-67,
-9,
47,
76,
-19,
-7,
1,
-8,
-3,
37,
-29,
12,
-6,
-6,
-19,
-20,
-5,
-28,
34,
15,
74,
-1,
-22,
-47,
17,
-32,
32,
41,
-15,
6,
-62,
9,
-36,
-7,
34,
-10,
-21,
55,
-12,
-52,
-30,
-34,
10,
-8,
41,
-30,
14,
32,
31,
64,
34,
23,
-20,
-45,
-24,
-70,
-19,
-3,
18,
16,
0,
20,
-57,
-44,
19,
4,
21,
-12,
10,
9,
-20,
42,
-13,
34,
6,
18,
48,
49,
-40,
-18,
-32,
-20,
23,
93,
24,
19,
-38,
6,
17,
31,
-63,
-9,
-27,
-35,
31,
50,
-31,
-27,
17,
30,
-2,
-42,
-27,
-6,
-59,
-30,
-26,
-12,
34,
46,
67,
9,
22,
-9,
-8,
29,
31,
-24,
-31,
-37,
78,
-14,
-11,
28,
-36,
0,
-45,
-5,
-11,
-61,
0,
-1,
31,
-16,
31,
32,
-13,
-74,
0,
37,
8,
-40,
-29,
-3,
48,
27,
24,
9,
82,
28,
-23,
12,
-22,
-1,
-42,
-71,
12,
20,
-17,
-14,
28,
63,
24,
-4,
0,
-32,
20,
40,
33,
9,
25,
3,
12,
34,
-61,
-33,
14,
-30,
-15,
22,
5,
58,
-14,
-11,
30,
15,
0,
-18,
11,
-54,
13,
17,
26,
-31,
0,
-14,
-6,
-9,
-11,
-79,
27,
-42,
9,
-28,
29,
-17,
-10,
-28,
34,
-9,
9,
14,
-16,
-10,
39,
-23,
13,
-28,
18,
22,
12,
-3,
-43,
-10,
6,
73,
1,
-5,
0,
22,
-33,
14,
42,
-14,
-26,
-28,
18,
-32,
3,
4,
69,
-26,
-51,
6,
43,
-24,
36,
-47,
-24,
-53,
-34,
28,
5,
-23,
-26,
6,
-41,
56,
30,
91,
-40,
-49,
52,
-11,
19,
-16,
36,
-3,
-1,
-26,
-51,
33,
-41,
-16,
-25,
30,
-58,
11,
17,
33,
-17,
19,
-23,
0,
46,
36,
-33,
-43,
-4,
-10,
19,
5,
6,
51,
-41,
-19,
9,
-35,
-37,
52,
9,
8,
27,
-13,
35,
0,
19,
-39,
25,
2,
-31,
9,
35,
1,
83,
28,
50,
-33,
38,
20,
-17,
23,
15,
-30,
10,
18,
-14,
32,
-51,
-21,
-14,
10,
62,
-18,
19,
-19,
-14,
5,
-57,
33,
-15,
-31,
-3,
-37,
28,
-43,
-62,
-44,
-14,
-46,
-5,
-64,
-5,
31,
2,
6,
-13,
48,
-63,
-48,
17,
64,
11,
0,
37,
-20,
16,
39,
-12,
0,
-1,
-10,
-49,
-46,
58,
-21,
-29,
12,
-5,
-75,
-22,
9,
-62,
0,
-10,
3,
1,
12,
-30,
-29,
38,
-58,
-8,
-16,
3,
-42,
1,
-50,
1,
-6,
21,
-43,
39,
-39,
17,
-29,
-15,
2,
30,
16,
22,
-85,
-18,
-47,
-9,
8,
88,
17,
-52,
-30,
-16,
-49,
-42,
-28,
21,
39,
-38,
-32,
10,
47,
55,
5,
21,
8,
41,
13,
-51,
67,
-23,
10,
-20,
42,
-9,
-23,
-1,
30,
-7,
-2,
-76,
37,
65,
44,
-91,
3,
35,
-13,
50,
60,
-29,
3,
31,
21,
21,
-24,
-37,
-38,
-8,
8,
-6,
12,
20,
-3,
59,
-31,
28,
-6,
20,
-32,
-27,
14,
34,
19,
25,
-29,
22,
-20,
-11,
-26,
37,
-5,
-8,
-21,
33,
19,
-24,
-29,
47,
53,
-21,
-6,
10,
-3,
-24,
-29,
-9,
-33,
-11,
-37,
-36,
27,
19,
46,
-4,
-83,
73,
-37,
71,
24,
-10,
-10,
-65,
2,
19,
31,
-75,
-19,
7,
-16,
46,
18,
-22,
-5,
25,
-78,
5,
43,
-32,
6,
48,
-1,
-4,
5,
58,
57,
-8,
-2,
-11,
-27,
34,
1,
-19,
-23,
18,
-19,
-6,
2,
80,
56,
-40,
-63,
26,
34,
-11,
-37,
-18,
23,
-15,
12,
-46,
-7,
28,
10,
-11,
36,
42,
-13,
52,
37,
5,
-23,
-8,
-7,
36,
20,
-8,
13,
-27,
39,
46,
-19,
-27,
-42,
-15,
-51,
-18,
8,
-23,
-63,
22,
-17,
37,
36,
-30,
9,
6,
27,
60,
24,
-28,
-26,
0,
-25,
44,
19,
-24,
20,
-6,
-9,
2,
20,
16,
-41,
-12,
-15,
3,
-7,
23,
-65,
-25,
38,
-48,
82,
16,
45,
-64,
-36,
-36,
19,
64,
-37,
-21,
17,
23,
-53,
-17,
70,
-19,
38,
-15,
13,
-48,
-10,
-10,
70,
19,
-20,
0,
93,
41,
-28,
-26,
-27,
-13,
4,
57,
39,
4,
14,
15,
14,
-8,
-18,
5,
51,
42,
-4,
-67,
8,
-18,
-3,
26,
-11,
37,
-18,
4,
-1,
-17,
59,
-1,
9,
66
] |
To compel respondent to meet with, the township board of Tawas and adjust and apportion an alleged indebtedness growing •out of .certain bonds issued by Tawas in aid of a plank road company, while the territory now in Baldwin formed a part of Tawas.
Denied October 18, 1882. | [
38,
9,
-15,
14,
14,
52,
6,
-12,
18,
-3,
-32,
-18,
-17,
28,
0,
72,
-19,
11,
74,
55,
17,
-84,
-14,
14,
-18,
-1,
55,
7,
-53,
-7,
27,
31,
-65,
98,
-34,
-29,
4,
0,
-1,
-56,
-55,
-12,
-46,
-2,
12,
26,
-4,
-43,
22,
-33,
-18,
-6,
21,
83,
-89,
17,
-1,
-23,
-64,
-25,
-46,
-34,
-43,
22,
-42,
17,
8,
24,
62,
0,
-43,
-3,
3,
30,
38,
39,
-39,
7,
19,
-3,
0,
27,
14,
25,
-7,
19,
-27,
46,
-37,
19,
-13,
-4,
-21,
-18,
45,
16,
-7,
41,
10,
-69,
39,
32,
3,
-27,
36,
12,
47,
2,
10,
12,
18,
-49,
-17,
-52,
7,
4,
-44,
-28,
14,
-38,
-31,
-5,
80,
44,
-29,
-8,
-20,
-8,
0,
13,
-15,
39,
10,
54,
0,
-24,
7,
-29,
-52,
40,
2,
31,
10,
-20,
7,
-63,
27,
-51,
16,
-38,
-24,
45,
68,
-10,
-35,
16,
61,
3,
28,
-42,
7,
-1,
-9,
-34,
-21,
7,
-21,
9,
20,
2,
21,
42,
-4,
32,
-43,
0,
-8,
24,
-1,
27,
-26,
4,
-55,
-2,
23,
-17,
-1,
-1,
63,
-19,
25,
28,
16,
-3,
10,
47,
-30,
-21,
-43,
25,
-24,
4,
-2,
-19,
-42,
-26,
-67,
-22,
-54,
11,
-17,
-4,
11,
46,
5,
32,
12,
-32,
42,
20,
32,
50,
-21,
49,
-65,
14,
33,
29,
10,
-21,
8,
1,
29,
40,
-33,
43,
12,
-57,
16,
-30,
-15,
9,
24,
0,
-64,
24,
-21,
5,
-28,
-22,
-33,
-17,
-35,
-24,
0,
31,
-17,
12,
12,
-91,
-12,
21,
35,
8,
42,
-28,
-20,
-3,
-22,
-22,
-20,
-7,
74,
-1,
-54,
52,
69,
-58,
-21,
51,
-48,
-39,
9,
50,
5,
57,
-17,
38,
-21,
-2,
-31,
20,
19,
18,
37,
40,
-12,
-31,
27,
-80,
-11,
24,
0,
5,
27,
-45,
46,
-51,
39,
2,
39,
-40,
-28,
34,
59,
4,
56,
21,
-50,
-41,
-39,
48,
-14,
43,
65,
21,
-44,
38,
18,
22,
-12,
-24,
-11,
58,
-2,
-7,
12,
-53,
-23,
-23,
73,
80,
23,
27,
21,
-2,
-25,
-41,
25,
16,
-55,
-39,
-49,
-15,
-44,
54,
11,
42,
-4,
36,
12,
34,
13,
-63,
-10,
-23,
-50,
23,
69,
13,
17,
46,
5,
-36,
75,
1,
-29,
18,
18,
9,
-61,
28,
35,
16,
69,
16,
21,
9,
-15,
-2,
-17,
26,
18,
47,
16,
-28,
-14,
-25,
-52,
-40,
-49,
4,
-9,
38,
26,
18,
23,
2,
31,
-27,
43,
-56,
-23,
-28,
6,
-27,
-1,
34,
41,
43,
12,
-2,
-10,
-34,
16,
-11,
30,
9,
-6,
4,
4,
24,
24,
-28,
2,
-4,
-11,
-8,
-27,
-35,
4,
36,
80,
30,
-35,
-33,
-56,
31,
0,
-6,
-32,
49,
-83,
22,
-19,
0,
-19,
58,
53,
-16,
-16,
11,
33,
39,
67,
-40,
-33,
-9,
0,
68,
-1,
54,
29,
8,
-35,
-33,
56,
-84,
37,
23,
5,
-48,
-50,
42,
-12,
-34,
-31,
0,
-29,
65,
7,
-36,
-20,
28,
36,
-6,
-19,
-16,
19,
69,
4,
32,
-35,
0,
-51,
46,
-26,
-21,
-26,
-53,
0,
-30,
36,
-21,
1,
62,
-17,
-13,
6,
-15,
-67,
42,
-45,
-40,
50,
4,
14,
-16,
20,
13,
-24,
-10,
14,
0,
-66,
-35,
27,
0,
-23,
6,
18,
-6,
-29,
-32,
-9,
17,
0,
2,
-19,
-29,
-74,
-18,
42,
-1,
20,
-30,
-8,
-52,
-33,
14,
-29,
-41,
-11,
-53,
-42,
-30,
-12,
14,
-44,
-21,
-22,
26,
-20,
55,
56,
15,
-34,
-37,
37,
17,
-8,
-28,
-59,
-60,
10,
46,
2,
28,
-71,
10,
-27,
47,
-50,
-3,
52,
25,
-18,
40,
24,
28,
15,
-26,
-53,
-9,
20,
12,
-38,
1,
-25,
44,
-2,
-34,
34,
-1,
17,
-14,
18,
4,
24,
-66,
38,
53,
-9,
32,
-17,
-24,
45,
12,
0,
77,
-15,
1,
41,
39,
7,
-16,
22,
34,
20,
-18,
24,
-12,
-57,
0,
-10,
-28,
-4,
57,
-51,
-23,
-65,
69,
42,
-39,
-14,
47,
14,
-17,
44,
1,
53,
-11,
38,
24,
12,
15,
31,
20,
75,
18,
-46,
-24,
-6,
-56,
0,
-22,
-4,
40,
15,
-2,
5,
-31,
-37,
-18,
-2,
-37,
3,
45,
-5,
-21,
44,
-42,
18,
7,
18,
-20,
-52,
-12,
-27,
37,
-3,
43,
-13,
19,
19,
-7,
12,
5,
-3,
-19,
0,
-43,
-17,
15,
19,
16,
-11,
55,
76,
16,
44,
-65,
-3,
-25,
14,
22,
41,
-70,
6,
15,
-4,
37,
-16,
-60,
-29,
-56,
-39,
23,
51,
-37,
-28,
-54,
-20,
6,
9,
-13,
-23,
-17,
-42,
-17,
29,
-15,
-32,
84,
27,
-114,
-67,
-25,
12,
23,
-13,
-17,
-37,
6,
-26,
-18,
-57,
5,
-31,
47,
-15,
20,
-20,
-44,
46,
-34,
-46,
-22,
-1,
20,
3,
0,
11,
1,
25,
-14,
52,
8,
16,
-45,
-8,
-17,
-17,
-4,
-11,
25,
32,
59,
8,
-19,
-44,
14,
-18,
58,
10,
11,
-18,
45,
-38,
46,
-38,
-42,
-59,
-34,
-13,
-51,
2,
61,
-43,
-15,
-47,
6,
9,
-18,
-1,
-3,
70,
35,
-14,
-7,
55,
-35,
-14,
-23,
23,
-31,
25,
3,
-33,
-37,
35,
-75,
15,
-48,
33,
-24,
-41,
6,
-54,
36,
-24,
17,
26,
-11,
-58,
-44,
37,
49,
-29,
22,
46,
31,
-35,
16,
-10,
-43,
-8,
-32,
10,
-2,
15,
-9,
-43,
-1,
77,
-4,
24,
-9,
-14,
-15,
-26,
-5,
91,
17,
21,
-33,
2,
-10,
39,
73,
-23,
-28,
30,
42,
-10,
-33,
-7,
-44,
-72,
4,
27,
14,
-8,
3,
-6,
-28,
35,
-22,
-4,
53,
-18,
-4,
-40,
-31,
-29,
-20,
-30,
-82,
-30,
29,
0,
-32,
-64,
-32,
-11,
9,
-11,
79,
15,
-26,
16,
-1,
-54,
-3,
14,
-38,
44,
-7,
-47,
34,
40,
20,
-14,
-64,
-63,
36,
20,
30,
36,
-23,
-8,
51,
76,
37,
-12,
-36,
-54,
-29,
-41,
62,
88,
76,
30,
25,
-13,
22,
-46,
-2,
-22,
-29,
-37,
16,
-36,
22,
14,
28,
20,
-28,
30,
-13,
-5,
-19,
15,
78,
-50,
-25,
43,
-21,
14,
-24,
-18,
-40,
19,
-75,
27,
51,
-23,
8,
-39,
-3,
-2,
-26,
48,
-40,
20,
-23,
45,
1,
47,
9,
-14,
56,
4,
-17,
26,
34,
7,
1,
70,
47,
31,
-93,
-43,
13
] |
To compel respondent to quash, an indictment.
Denied May 5, 1891.
Relator was indicted for selling liquor without first paying the tax. The sole basis of the application is that the indictment does not negative the exception in the statute. The indictment recites “he not being then and there a druggist who^ sells liquor for chemical, scientific, medicinal, mechanical or sacramental purposes only,” but omits the clause “and in strict compliance with law.” | [
-21,
-7,
-27,
18,
24,
12,
-13,
42,
-68,
47,
-36,
-15,
1,
41,
43,
15,
53,
2,
42,
20,
73,
6,
-22,
5,
-5,
-57,
13,
-22,
16,
3,
23,
-8,
-16,
-47,
32,
-37,
-54,
-26,
62,
-3,
-50,
47,
-35,
38,
-8,
-36,
-39,
-55,
-24,
34,
40,
-44,
3,
36,
45,
31,
38,
-5,
24,
6,
-13,
2,
-3,
23,
-52,
-17,
-51,
-26,
18,
18,
-11,
-19,
-18,
0,
8,
4,
-23,
2,
71,
31,
-32,
4,
-31,
34,
-7,
51,
-22,
-6,
55,
-32,
43,
-45,
-44,
37,
-16,
4,
-22,
73,
34,
31,
34,
3,
-19,
50,
44,
-15,
9,
22,
-19,
-37,
5,
-27,
22,
-33,
-24,
-27,
-22,
-31,
-60,
-37,
8,
-42,
70,
17,
-11,
-33,
-13,
-2,
-38,
-47,
-1,
-1,
26,
-2,
-29,
-15,
-14,
58,
-26,
5,
-29,
-18,
13,
-4,
54,
4,
18,
22,
-13,
50,
-25,
0,
-26,
42,
-19,
18,
46,
0,
8,
-11,
-40,
10,
-36,
-17,
28,
-17,
-31,
-13,
-10,
-57,
34,
5,
-9,
54,
36,
-49,
18,
-9,
2,
15,
3,
0,
-2,
46,
71,
-38,
-16,
17,
63,
-27,
-70,
16,
23,
29,
21,
-1,
-39,
16,
26,
31,
-7,
17,
-70,
13,
24,
7,
-38,
19,
13,
-13,
-75,
-33,
-39,
-11,
-9,
-41,
-72,
27,
49,
31,
-45,
8,
60,
57,
-36,
-25,
23,
47,
-66,
43,
2,
0,
-35,
10,
27,
-81,
35,
4,
49,
38,
-30,
15,
-45,
-53,
9,
-16,
-23,
54,
-23,
-16,
12,
-12,
-5,
29,
-70,
26,
7,
-28,
5,
-9,
-6,
62,
-4,
12,
-46,
-56,
50,
73,
16,
56,
-25,
20,
46,
27,
25,
-1,
-30,
34,
2,
12,
-25,
21,
36,
-22,
-71,
19,
-25,
-15,
-13,
25,
46,
-24,
-23,
12,
-6,
52,
-3,
60,
29,
26,
19,
-6,
52,
46,
29,
-23,
39,
-7,
32,
-59,
-19,
-49,
-13,
15,
-15,
2,
31,
-18,
-6,
-55,
-22,
-8,
11,
25,
-70,
-44,
22,
-27,
10,
13,
-20,
-13,
-50,
-24,
-35,
16,
32,
-12,
17,
27,
-18,
71,
-6,
-20,
-21,
56,
-12,
-14,
21,
23,
-26,
-57,
13,
27,
70,
20,
-44,
0,
31,
-10,
-6,
-5,
-21,
-45,
27,
16,
-33,
-1,
-12,
32,
-33,
25,
-20,
20,
-67,
-57,
-21,
-8,
-73,
-18,
-36,
-39,
71,
30,
13,
38,
19,
-17,
-14,
9,
12,
26,
27,
-37,
-31,
6,
-12,
-15,
24,
-39,
-38,
38,
66,
-22,
25,
-53,
29,
27,
-2,
30,
-1,
21,
-8,
-4,
31,
-26,
26,
-43,
19,
-11,
8,
-40,
-43,
-13,
50,
-27,
-52,
26,
41,
-8,
-19,
9,
46,
-9,
-45,
-24,
22,
21,
19,
-62,
-46,
-16,
-19,
-3,
4,
-32,
-78,
0,
55,
-2,
-29,
-51,
-42,
-29,
35,
57,
-25,
23,
22,
21,
11,
-17,
-2,
-21,
63,
-41,
-28,
7,
10,
13,
2,
27,
19,
5,
-52,
18,
31,
22,
40,
23,
-44,
41,
10,
-54,
20,
-9,
-8,
-46,
-21,
-41,
41,
-30,
-3,
73,
-43,
-40,
1,
-24,
13,
87,
-90,
-16,
-71,
-15,
12,
1,
0,
14,
57,
-10,
-44,
29,
-17,
-10,
6,
-46,
-31,
-13,
-26,
8,
16,
3,
-64,
-8,
-52,
35,
2,
1,
4,
14,
21,
-60,
-11,
15,
-26,
24,
109,
0,
28,
73,
34,
12,
-6,
12,
25,
-1,
1,
25,
0,
12,
-65,
41,
11,
29,
-47,
-8,
-16,
-61,
-37,
2,
-26,
1,
18,
-71,
-42,
-55,
17,
-20,
-8,
60,
3,
-24,
22,
36,
1,
-18,
-19,
-56,
5,
8,
20,
22,
48,
-45,
-12,
-26,
-47,
-26,
-68,
-12,
-44,
65,
-39,
56,
-21,
20,
-17,
15,
-8,
37,
21,
64,
5,
-4,
-3,
25,
31,
-1,
-20,
22,
44,
55,
27,
-20,
16,
56,
-5,
-47,
8,
24,
-15,
58,
-57,
-9,
-10,
-16,
6,
-26,
-24,
-29,
-56,
-20,
-20,
-13,
-54,
16,
10,
73,
-6,
-84,
17,
-32,
-40,
6,
-1,
15,
51,
15,
-2,
23,
-22,
-11,
-6,
2,
-13,
-2,
-31,
-12,
23,
-34,
-10,
-21,
30,
-12,
54,
27,
10,
-15,
-14,
7,
-35,
-84,
-24,
-62,
7,
-25,
-6,
5,
12,
46,
-11,
-41,
21,
-6,
-6,
5,
-4,
-22,
13,
-14,
-23,
0,
16,
-4,
9,
60,
-37,
-11,
-19,
17,
24,
-45,
14,
38,
34,
-59,
6,
-43,
0,
0,
0,
-27,
3,
-6,
8,
-13,
-1,
-16,
-8,
6,
-51,
-31,
52,
85,
3,
-19,
31,
17,
0,
-30,
40,
-57,
80,
-19,
76,
20,
-16,
-17,
53,
-14,
-23,
-1,
-23,
-22,
-6,
29,
-72,
56,
-1,
0,
-20,
33,
45,
42,
4,
8,
-37,
-61,
6,
21,
-46,
50,
-27,
12,
-53,
31,
-3,
23,
57,
22,
-9,
-1,
11,
-37,
3,
36,
-1,
-15,
3,
18,
45,
-31,
-12,
-29,
-6,
-39,
15,
-14,
12,
-23,
36,
-4,
-5,
3,
3,
-11,
-15,
23,
18,
15,
-75,
-19,
-13,
1,
19,
-1,
18,
-17,
-23,
13,
16,
-37,
-28,
-50,
-16,
-56,
-12,
-18,
4,
-24,
5,
12,
-23,
-21,
-10,
5,
62,
-18,
-13,
2,
14,
11,
-7,
55,
-20,
-36,
37,
-58,
-27,
-50,
-16,
35,
38,
13,
-9,
-1,
-26,
8,
-43,
-7,
31,
4,
-49,
-9,
-29,
7,
28,
0,
17,
58,
33,
3,
34,
-18,
17,
-48,
-25,
35,
40,
-1,
53,
-36,
1,
12,
43,
63,
-27,
-3,
-3,
-6,
44,
-22,
44,
2,
12,
10,
-5,
-40,
-19,
31,
56,
24,
3,
21,
-24,
-49,
1,
-42,
-6,
-12,
-26,
9,
-4,
50,
-3,
-41,
41,
71,
5,
9,
-1,
12,
33,
-21,
-1,
3,
-42,
-12,
-44,
6,
68,
1,
-32,
2,
-49,
-8,
72,
38,
10,
4,
-22,
0,
-20,
24,
-67,
-7,
4,
30,
-24,
10,
-61,
37,
-58,
-34,
-28,
26,
2,
34,
43,
-15,
-22,
-23,
5,
6,
-10,
-11,
46,
17,
-2,
10,
67,
99,
-18,
0,
0,
85,
39,
46,
52,
4,
3,
30,
8,
21,
-19,
42,
14,
-43,
-4,
35,
10,
0,
-8,
-36,
-35,
-26,
27,
38,
9,
-28,
-16,
-30,
-18,
64,
-29,
11,
-43,
15,
26,
-43,
-29,
-47,
-30,
-41,
23,
-28,
15,
15,
25,
-58,
-41,
-84,
10,
0,
-70,
24,
35,
17,
-17,
-24,
11,
0,
13,
-14
] |
To vacate an order allowing an amendment to a declaration on the bond of a residuary legatee.
Denied January 6, 1885.
'The original declaration- alleged as a breach the failure to pay a claim which had been allowed in plaintiff’s favor by the probate judge. The amended nan- alleged, as the breach, the failure to pay a note (more than six years then overdue) held by plaintiff, and which constituted the claim which had been allowed.
Held, that the amendment did not introduce a new cause of action. | [
-26,
-32,
-35,
-19,
27,
-4,
28,
6,
18,
37,
27,
-15,
27,
29,
-63,
41,
-6,
-22,
4,
41,
-4,
-72,
-99,
-4,
21,
3,
63,
5,
-2,
-59,
47,
-8,
-44,
27,
-29,
-49,
-53,
-32,
0,
22,
32,
-57,
56,
0,
-77,
-14,
-67,
-23,
-31,
23,
-6,
-39,
-22,
25,
-2,
40,
15,
-30,
-74,
25,
-33,
-26,
1,
32,
-62,
41,
7,
-5,
-31,
-4,
49,
2,
12,
-48,
-6,
2,
-18,
2,
-86,
-6,
8,
-36,
-21,
-15,
-3,
-9,
-8,
-11,
23,
0,
-19,
-19,
-3,
25,
-72,
-2,
-41,
-7,
33,
-15,
12,
-39,
-4,
-13,
40,
14,
-2,
-10,
-59,
-43,
69,
9,
24,
-50,
2,
20,
-42,
2,
10,
-73,
27,
13,
25,
-16,
-1,
-1,
19,
-29,
10,
-42,
-31,
12,
-2,
9,
-17,
-15,
12,
-14,
-12,
-65,
-25,
-24,
38,
-23,
4,
-13,
26,
-8,
-48,
-54,
-31,
63,
31,
46,
-56,
50,
7,
-35,
-6,
-24,
30,
-8,
-24,
24,
-25,
23,
4,
39,
43,
24,
54,
-16,
-68,
3,
-36,
30,
-9,
-20,
-13,
-28,
6,
33,
-10,
13,
50,
-60,
-31,
11,
29,
84,
4,
-28,
-16,
44,
36,
21,
-6,
20,
33,
60,
36,
15,
-19,
-12,
-32,
-22,
11,
-35,
-25,
0,
-24,
-26,
-50,
5,
0,
-33,
106,
30,
11,
13,
44,
61,
-1,
33,
-25,
-13,
42,
-23,
-49,
29,
-3,
6,
-16,
36,
11,
61,
9,
53,
25,
50,
15,
35,
-10,
-57,
1,
-65,
-5,
-10,
46,
-28,
2,
-2,
35,
41,
2,
-29,
-14,
-60,
-44,
-8,
45,
28,
-33,
-37,
1,
-4,
11,
-19,
6,
-22,
6,
-21,
10,
-30,
21,
35,
-25,
-21,
-26,
3,
-35,
34,
-35,
19,
-63,
-34,
-18,
-7,
-44,
57,
35,
-17,
19,
2,
-14,
11,
-20,
29,
2,
-5,
-8,
-31,
26,
17,
-56,
-40,
1,
0,
23,
-23,
-25,
56,
-27,
16,
25,
-40,
3,
43,
-47,
-28,
-1,
55,
0,
28,
1,
17,
6,
22,
31,
37,
-22,
-14,
-17,
-31,
33,
24,
26,
12,
-46,
16,
48,
-15,
-37,
-35,
-15,
-14,
-13,
-56,
-25,
62,
45,
38,
-9,
-18,
26,
57,
-28,
-6,
2,
41,
42,
45,
-28,
-39,
48,
-20,
-13,
24,
21,
15,
-9,
5,
-20,
-44,
47,
33,
42,
0,
-71,
4,
-2,
-18,
-63,
-3,
26,
45,
-40,
-28,
-19,
2,
-20,
-5,
15,
-48,
-3,
44,
46,
-30,
-43,
14,
0,
40,
-6,
15,
-11,
10,
-49,
-37,
-4,
34,
58,
31,
-1,
-1,
-49,
-13,
40,
-1,
52,
23,
0,
-28,
-31,
-20,
-20,
-97,
14,
-15,
10,
-30,
3,
25,
6,
-8,
16,
-4,
0,
-44,
24,
0,
16,
8,
15,
31,
22,
24,
-41,
-51,
7,
42,
4,
-7,
8,
-56,
-4,
25,
35,
36,
-24,
8,
2,
-19,
14,
54,
3,
0,
-63,
-22,
15,
9,
-28,
-33,
26,
-22,
-5,
-19,
32,
-21,
-15,
-14,
15,
7,
1,
-7,
38,
12,
30,
-12,
-2,
28,
-27,
15,
0,
10,
14,
4,
-47,
-65,
1,
62,
-37,
63,
-62,
7,
26,
14,
-18,
-32,
36,
48,
-5,
43,
7,
13,
44,
10,
22,
14,
-30,
27,
-3,
-22,
-29,
-19,
7,
88,
-26,
-6,
-1,
33,
33,
-1,
57,
19,
-52,
-17,
4,
14,
0,
4,
-21,
25,
23,
78,
16,
27,
-1,
-12,
9,
-14,
-13,
-36,
34,
29,
-48,
18,
55,
-24,
-71,
-21,
70,
14,
-36,
-52,
-69,
-21,
57,
2,
-41,
-13,
0,
-21,
-24,
44,
49,
0,
-4,
-56,
40,
-14,
5,
78,
7,
1,
38,
13,
-26,
-59,
-56,
5,
-49,
4,
-29,
-57,
11,
20,
-11,
19,
-20,
34,
-6,
3,
-1,
32,
11,
-52,
69,
-46,
0,
5,
23,
-7,
-30,
14,
44,
24,
41,
-28,
33,
12,
24,
35,
31,
26,
-27,
-78,
-7,
-40,
0,
36,
-29,
21,
21,
-24,
-21,
52,
13,
27,
31,
-30,
15,
-8,
28,
-36,
-51,
61,
5,
-32,
39,
7,
17,
36,
31,
-36,
32,
18,
-10,
-18,
67,
-24,
-45,
1,
15,
6,
-36,
30,
31,
34,
-13,
-33,
63,
-20,
-28,
-5,
-1,
24,
43,
31,
11,
-14,
-36,
-38,
47,
-2,
-23,
-35,
-62,
59,
-7,
23,
71,
22,
23,
2,
76,
-10,
-11,
61,
-20,
20,
5,
30,
50,
18,
-18,
-61,
1,
-1,
22,
-64,
15,
8,
-2,
-76,
54,
-15,
9,
27,
-9,
-69,
39,
-1,
31,
45,
-69,
70,
40,
7,
17,
-31,
-14,
-50,
-6,
-12,
-16,
-20,
-21,
-13,
61,
-38,
-55,
-22,
45,
49,
-10,
4,
-97,
31,
-33,
27,
35,
5,
-40,
52,
-19,
0,
-66,
21,
39,
-24,
17,
-6,
11,
53,
-27,
21,
-9,
-30,
37,
23,
-7,
-35,
66,
-51,
15,
15,
60,
11,
7,
17,
-17,
-5,
-10,
8,
12,
-45,
15,
-10,
21,
4,
-30,
-12,
-36,
2,
-18,
56,
12,
-66,
5,
-4,
-10,
-24,
2,
14,
34,
30,
-14,
95,
-82,
-39,
-52,
-42,
-24,
-18,
-37,
-2,
-15,
39,
-25,
-45,
-32,
91,
18,
31,
-4,
19,
-5,
-8,
14,
33,
-8,
-65,
4,
-37,
-1,
-10,
1,
49,
1,
-6,
-44,
-52,
0,
48,
-34,
-37,
3,
25,
-22,
-45,
-6,
24,
-23,
14,
-17,
-31,
2,
-92,
-19,
16,
58,
9,
-2,
-21,
40,
-37,
7,
29,
2,
31,
-20,
-53,
-1,
59,
26,
17,
42,
-85,
42,
15,
-1,
4,
-13,
7,
-24,
9,
-21,
23,
-5,
30,
38,
38,
18,
66,
-57,
9,
64,
0,
6,
22,
-39,
-50,
-62,
-4,
-45,
-30,
33,
24,
39,
-20,
38,
-29,
34,
-82,
26,
20,
-2,
8,
-34,
44,
42,
18,
-1,
-92,
36,
-37,
3,
37,
-8,
-7,
11,
33,
-48,
12,
37,
-46,
-18,
5,
5,
36,
14,
-40,
-29,
-19,
-37,
-5,
5,
-17,
3,
-21,
-52,
-19,
42,
-10,
39,
25,
15,
-33,
-61,
-9,
51,
69,
61,
-20,
13,
13,
1,
29,
8,
8,
-50,
-36,
6,
-23,
-51,
-13,
32,
-39,
7,
18,
6,
-34,
-40,
-14,
-41,
25,
0,
7,
-22,
-46,
30,
-13,
-54,
0,
-10,
31,
-14,
8,
12,
49,
-7,
-10,
32,
8,
8,
-93,
28,
0,
-15,
-1,
-14,
-13,
21,
46,
11,
9,
-25,
26,
18,
27,
32,
-19,
-26,
13
] |
To compel respondent to set aside a judgment of non-suit, submitted to by plaintiff in ejectment, upon the trial of a suggestion of claim for damages, under How. Stat., Sec. 7830.
Denied February 20, 1890.
Held, that on vacation of a judgment in ejectment, in favor of the plaintiff, his suggestion of a claim for damages made and filed under How. Stat., Sec. 7830, dies with that judgment, and that the judgment referred to in said section, which provides for the filing by plaintiff in ejectment of a suggestion of a claim for damages, is the final judgment in the cause, which does not relate back to any other judgment recovered by the plaintiff. | [
-54,
-24,
24,
22,
6,
-24,
15,
12,
-14,
21,
0,
-23,
61,
16,
-19,
-17,
8,
0,
0,
22,
-74,
12,
13,
33,
-6,
-44,
21,
-24,
20,
-44,
-17,
-26,
-45,
41,
-3,
-19,
35,
15,
-15,
31,
-15,
33,
25,
14,
-4,
-50,
-83,
28,
-35,
2,
22,
-31,
-40,
-26,
-9,
15,
0,
0,
14,
64,
-35,
-9,
48,
-9,
-13,
32,
-51,
-2,
-12,
16,
20,
-7,
14,
26,
11,
-58,
3,
31,
-2,
-23,
-13,
14,
7,
6,
34,
-55,
23,
-33,
30,
-11,
-31,
28,
-31,
0,
-37,
-20,
29,
12,
21,
15,
42,
-37,
-13,
8,
0,
11,
-23,
-6,
-32,
-33,
45,
25,
-35,
-19,
-2,
-18,
-45,
-11,
-2,
-63,
-13,
39,
4,
28,
-11,
14,
-21,
-35,
11,
68,
-4,
14,
21,
2,
15,
27,
48,
-6,
-88,
-43,
74,
-11,
47,
-12,
-37,
62,
45,
46,
-35,
21,
-37,
51,
-18,
36,
5,
23,
13,
-33,
41,
-14,
15,
32,
-26,
-12,
25,
-57,
27,
22,
15,
-50,
15,
29,
-10,
22,
-9,
23,
14,
-30,
-28,
33,
-30,
73,
40,
3,
13,
-3,
8,
26,
-38,
43,
18,
-32,
24,
24,
-22,
10,
20,
-36,
34,
-1,
-5,
-48,
-49,
-35,
46,
31,
-18,
23,
9,
41,
-52,
83,
-23,
-52,
-28,
-30,
51,
-50,
-7,
7,
-4,
7,
-16,
42,
-42,
-8,
27,
2,
22,
73,
-5,
-13,
-11,
22,
8,
22,
-5,
-17,
-5,
18,
25,
-23,
0,
-43,
0,
2,
0,
14,
-49,
-48,
37,
-14,
-10,
58,
9,
61,
-30,
-25,
12,
18,
-22,
61,
-29,
-23,
-50,
-42,
-20,
-28,
47,
-6,
44,
-2,
5,
30,
28,
-27,
2,
-28,
14,
0,
-14,
-9,
-31,
-15,
-65,
22,
-9,
-89,
10,
40,
16,
-13,
-13,
14,
47,
31,
9,
4,
22,
-4,
9,
-8,
27,
9,
26,
-7,
3,
-3,
-48,
-66,
-23,
20,
14,
-48,
53,
6,
3,
-5,
11,
-36,
-13,
-6,
10,
12,
-38,
-31,
28,
-17,
-30,
40,
-4,
24,
-24,
44,
0,
-11,
7,
-11,
-37,
28,
24,
12,
-36,
45,
4,
26,
2,
-55,
-21,
41,
-33,
-38,
-8,
-18,
-16,
15,
7,
-58,
-10,
37,
6,
14,
-8,
-50,
76,
-42,
-19,
-33,
-22,
-11,
-14,
27,
-60,
-104,
-15,
5,
11,
53,
-32,
11,
-21,
23,
4,
-28,
8,
85,
-35,
-7,
-21,
-13,
11,
-30,
39,
-2,
4,
30,
0,
-10,
-6,
47,
-91,
-17,
-14,
-65,
8,
3,
18,
-15,
-4,
50,
45,
-2,
52,
32,
18,
29,
-4,
-17,
28,
-35,
13,
-7,
-40,
-13,
-56,
-28,
18,
-25,
-20,
-8,
32,
19,
0,
-20,
-50,
28,
-16,
-68,
23,
-21,
-25,
15,
9,
0,
-3,
47,
-32,
44,
13,
-22,
17,
-12,
-11,
7,
-7,
13,
30,
3,
-15,
-49,
38,
0,
-29,
86,
-10,
-63,
-19,
-2,
31,
7,
21,
-9,
19,
-10,
-3,
-37,
14,
20,
12,
0,
-25,
17,
-5,
-33,
3,
27,
-43,
-1,
22,
-5,
-15,
-38,
20,
-9,
-54,
-25,
-33,
-6,
-32,
17,
-18,
-2,
-56,
-14,
0,
11,
-31,
-30,
0,
0,
-7,
45,
36,
30,
67,
-40,
-37,
-53,
-27,
35,
-25,
-31,
-69,
-19,
-51,
17,
-50,
-5,
-9,
-11,
51,
14,
3,
10,
5,
-26,
-3,
-54,
8,
15,
-8,
19,
-6,
76,
46,
30,
-10,
14,
26,
13,
-54,
-7,
26,
39,
2,
-29,
-1,
-34,
14,
-34,
-3,
-19,
-36,
21,
-41,
37,
0,
-17,
-14,
1,
9,
30,
-8,
-6,
17,
39,
1,
-26,
-3,
-12,
-4,
16,
21,
-39,
27,
-48,
-8,
17,
-20,
1,
-13,
-42,
25,
16,
15,
20,
21,
-25,
-64,
48,
-20,
9,
3,
1,
37,
19,
-39,
-21,
83,
8,
45,
18,
-13,
28,
-10,
-13,
12,
8,
2,
-11,
22,
-7,
6,
-39,
-20,
-12,
-4,
-6,
46,
-63,
-12,
-19,
-15,
-2,
-39,
40,
-7,
29,
-30,
-33,
19,
36,
19,
-25,
-2,
-14,
40,
-48,
26,
-67,
47,
15,
20,
-7,
32,
-5,
5,
16,
39,
-3,
7,
-1,
-36,
-46,
15,
50,
-7,
27,
-16,
19,
38,
1,
47,
4,
11,
51,
-16,
46,
-19,
12,
-16,
11,
22,
0,
15,
22,
6,
4,
26,
-5,
-8,
5,
-20,
8,
-3,
40,
43,
17,
-44,
12,
18,
-51,
23,
-10,
-43,
-46,
-26,
33,
7,
48,
-69,
12,
0,
-46,
39,
1,
45,
-25,
-1,
1,
52,
-62,
-7,
3,
-68,
103,
51,
13,
1,
5,
-13,
-29,
-26,
26,
-9,
25,
29,
-45,
31,
-32,
-2,
40,
-17,
38,
3,
39,
-5,
32,
-18,
42,
24,
-19,
79,
43,
-16,
3,
-16,
20,
-4,
-7,
-11,
34,
-17,
3,
-14,
52,
-5,
-12,
29,
10,
-16,
0,
48,
-57,
-16,
30,
-61,
-7,
-12,
1,
13,
-15,
-33,
47,
-28,
-28,
12,
-30,
-11,
10,
19,
-47,
-66,
-15,
20,
-9,
12,
-54,
-65,
32,
0,
10,
23,
19,
-32,
-34,
0,
31,
-15,
-42,
-46,
-52,
-39,
2,
-61,
3,
-65,
9,
-25,
-31,
21,
58,
-32,
0,
40,
-11,
-13,
-37,
38,
4,
57,
-42,
6,
23,
3,
-26,
30,
37,
6,
-61,
-23,
-16,
-5,
-43,
8,
-57,
-68,
17,
19,
-1,
-11,
2,
-8,
23,
-43,
6,
25,
-4,
65,
1,
6,
-12,
0,
-12,
58,
-56,
9,
52,
32,
15,
39,
1,
-15,
8,
-43,
51,
11,
-17,
29,
-27,
30,
32,
-4,
6,
-28,
47,
-36,
-25,
-52,
29,
18,
17,
32,
3,
37,
13,
-15,
-25,
-4,
23,
33,
3,
39,
-3,
21,
-29,
29,
-2,
-28,
27,
7,
8,
-6,
-27,
89,
1,
20,
-6,
-1,
33,
41,
-24,
-12,
-83,
-36,
-8,
-11,
7,
16,
-4,
15,
-7,
-38,
-48,
-28,
-4,
-54,
-32,
42,
1,
-25,
-3,
19,
39,
-41,
5,
2,
30,
25,
37,
30,
-5,
6,
-18,
5,
-6,
59,
0,
9,
-11,
3,
-18,
64,
-26,
64,
55,
43,
-8,
-85,
-19,
17,
0,
7,
-14,
-62,
-23,
39,
17,
-67,
10,
41,
-26,
-5,
-58,
-20,
14,
-55,
22,
-24,
-12,
5,
-18,
-2,
6,
-14,
-3,
30,
-2,
16,
17,
-20,
17,
23,
-17,
-9,
-11,
-26,
51,
20,
39,
-20,
31,
-18,
-4,
-1,
46,
-13,
6,
27,
-2,
50,
-4,
-39,
4
] |
To compel respondent to hear and determine amount due for taxes on certain lands and enter a decree therefor.
Granted March 9, 1892.
The objection made was that the paper in which publication had been made was not a newspaper published in the county, within the statute. • It appeared that the newspaper was published as the Roscommon Democrat; that its office was in that county, and that the papers, although printed elsewhere, came to the office in bulk, and were addressed and distributed through the postoffice at that place. | [
16,
24,
1,
-12,
31,
61,
57,
-15,
-11,
49,
5,
-37,
-25,
53,
45,
-29,
-30,
-6,
18,
-25,
-15,
0,
30,
24,
20,
-11,
-16,
-10,
-24,
-46,
6,
-10,
-55,
32,
57,
-57,
38,
-70,
74,
45,
9,
47,
3,
3,
-2,
-14,
-47,
-24,
-6,
59,
8,
-29,
-49,
3,
42,
51,
7,
-36,
-24,
-1,
-42,
23,
-5,
25,
2,
47,
-37,
-36,
13,
-29,
3,
-36,
8,
-29,
32,
3,
-82,
-14,
-59,
53,
4,
-18,
0,
-42,
-5,
15,
-24,
-47,
34,
-9,
-12,
-14,
-39,
21,
7,
19,
-6,
-5,
29,
20,
25,
-2,
13,
50,
-4,
-28,
-10,
-7,
-28,
4,
42,
-35,
28,
-4,
23,
-40,
-1,
3,
15,
-51,
-49,
49,
-2,
-16,
-36,
-23,
0,
1,
-1,
18,
35,
-2,
13,
-18,
-13,
-10,
20,
-17,
-31,
27,
26,
-51,
44,
-28,
-28,
-19,
-11,
-23,
-71,
69,
9,
49,
41,
31,
-24,
3,
-8,
-21,
11,
-56,
17,
39,
-5,
-35,
-28,
12,
-38,
0,
-44,
36,
44,
24,
-14,
41,
-44,
-44,
23,
22,
2,
18,
9,
16,
14,
26,
37,
69,
2,
11,
0,
25,
29,
13,
-12,
-23,
16,
3,
38,
-19,
22,
-16,
-39,
0,
25,
-28,
42,
-20,
3,
73,
-87,
1,
-23,
-22,
-34,
13,
-3,
40,
-10,
-2,
29,
17,
-8,
93,
17,
-6,
-74,
0,
-15,
39,
-35,
4,
31,
30,
-25,
-43,
13,
3,
0,
-21,
-20,
11,
-26,
32,
-14,
-17,
33,
49,
63,
-4,
25,
47,
87,
13,
-44,
16,
-14,
-6,
-18,
0,
6,
-28,
-6,
57,
-13,
18,
-13,
-71,
27,
-5,
3,
26,
-43,
36,
-30,
-25,
-17,
-23,
50,
-81,
11,
16,
51,
6,
5,
14,
-18,
60,
-14,
-19,
28,
45,
12,
0,
9,
66,
7,
18,
-7,
0,
45,
-29,
6,
-52,
57,
-2,
-5,
-30,
11,
32,
18,
21,
17,
22,
-29,
34,
7,
-14,
11,
13,
23,
-23,
32,
-13,
21,
21,
-6,
16,
55,
-8,
-24,
21,
-3,
-10,
26,
-49,
16,
25,
23,
-56,
-26,
-7,
17,
-19,
-40,
32,
32,
7,
-37,
35,
45,
54,
-14,
12,
-15,
56,
-11,
-48,
-9,
-10,
-4,
29,
69,
-56,
28,
-69,
11,
-30,
11,
-61,
27,
21,
23,
-18,
16,
10,
20,
-18,
9,
41,
0,
-35,
15,
14,
-47,
5,
20,
4,
40,
0,
10,
-65,
-13,
24,
-49,
0,
17,
-37,
12,
-15,
-18,
22,
0,
33,
-17,
0,
-53,
34,
-8,
0,
-22,
53,
-2,
-30,
-52,
6,
13,
28,
-7,
-21,
19,
-16,
12,
21,
-17,
-28,
-14,
42,
-5,
48,
5,
-39,
-70,
-22,
15,
5,
1,
-4,
-33,
0,
7,
-28,
-31,
42,
-24,
40,
-23,
-27,
-53,
-1,
13,
10,
-66,
15,
-43,
1,
-72,
3,
21,
-16,
-5,
-34,
-1,
50,
27,
-6,
-37,
20,
-22,
3,
-31,
-25,
-34,
10,
-3,
-23,
-46,
-10,
5,
-10,
45,
-23,
-14,
-60,
-54,
-41,
17,
-45,
13,
50,
-58,
12,
13,
-47,
-30,
-31,
31,
26,
2,
-32,
6,
80,
14,
55,
4,
8,
-26,
18,
0,
18,
67,
0,
12,
5,
25,
3,
43,
30,
5,
15,
6,
-11,
-22,
-15,
-75,
-44,
36,
-22,
5,
47,
4,
-12,
-25,
-37,
33,
-30,
-75,
15,
-25,
3,
-54,
72,
25,
38,
6,
53,
-29,
66,
-21,
-21,
-11,
-45,
-8,
-19,
-16,
7,
-45,
-24,
14,
-72,
-33,
-12,
-30,
-15,
-27,
-66,
-21,
-22,
-14,
-15,
-64,
-31,
20,
-32,
-17,
12,
24,
-26,
-35,
-24,
9,
1,
-29,
-30,
27,
2,
98,
-27,
-33,
12,
-3,
-21,
-78,
34,
-42,
38,
-12,
-11,
-7,
37,
25,
-48,
-29,
28,
0,
-23,
-40,
-11,
-12,
17,
-16,
-19,
6,
36,
28,
41,
9,
-10,
0,
40,
26,
-73,
-27,
4,
4,
-4,
-4,
-9,
38,
8,
3,
51,
-11,
8,
-61,
19,
0,
36,
-47,
28,
12,
8,
4,
-51,
-74,
-26,
-14,
35,
10,
41,
-4,
37,
25,
29,
-23,
-18,
15,
-3,
9,
-27,
10,
32,
72,
-52,
15,
10,
53,
-12,
-27,
5,
25,
35,
-28,
-57,
-13,
-15,
7,
10,
27,
4,
-23,
17,
48,
15,
-66,
7,
9,
-22,
17,
-27,
-27,
-2,
4,
-23,
27,
86,
-36,
4,
-46,
16,
-3,
-7,
37,
-46,
45,
21,
47,
-40,
13,
-36,
-40,
4,
-35,
5,
3,
-23,
34,
-32,
41,
25,
41,
5,
32,
-35,
12,
10,
-39,
23,
4,
28,
22,
19,
-48,
50,
-39,
-22,
10,
25,
37,
4,
59,
-8,
-35,
-33,
-46,
-16,
26,
27,
35,
39,
-83,
102,
4,
-7,
-33,
-3,
-21,
-56,
-25,
-10,
17,
-33,
10,
-10,
-9,
32,
22,
5,
-10,
0,
23,
49,
51,
23,
28,
-30,
4,
27,
0,
6,
34,
-38,
26,
-70,
-1,
-9,
-16,
-78,
-19,
-33,
-29,
-55,
-8,
-15,
8,
-8,
-43,
-31,
41,
30,
1,
29,
1,
0,
-7,
-1,
2,
0,
29,
4,
-48,
23,
-14,
34,
-36,
-29,
-44,
-64,
3,
83,
-60,
-54,
14,
7,
56,
37,
39,
-10,
25,
55,
-13,
18,
4,
-10,
-36,
-49,
48,
-24,
11,
34,
-48,
-34,
-29,
-8,
15,
-33,
13,
-17,
-59,
27,
-61,
1,
-31,
20,
-34,
0,
-6,
44,
56,
11,
-40,
58,
46,
18,
86,
10,
-64,
-16,
23,
39,
30,
-35,
-1,
-5,
6,
28,
36,
63,
-4,
-2,
34,
-43,
4,
11,
-36,
15,
-26,
-26,
31,
42,
42,
-32,
35,
-28,
14,
38,
49,
-21,
7,
-32,
-45,
-13,
0,
-14,
18,
19,
54,
-56,
-17,
-17,
45,
-9,
-25,
-20,
18,
-37,
-9,
-73,
4,
-42,
47,
3,
66,
21,
-25,
-28,
-13,
6,
39,
-5,
33,
-1,
-27,
-26,
-12,
47,
-12,
19,
-25,
6,
18,
32,
-11,
10,
-25,
-25,
-59,
4,
10,
27,
6,
-57,
-28,
-42,
-14,
-12,
-13,
66,
-35,
-4,
-37,
71,
-31,
-3,
36,
20,
-12,
-15,
15,
-4,
-22,
-6,
-47,
25,
0,
37,
11,
68,
-3,
2,
58,
34,
11,
-57,
2,
-44,
-82,
35,
37,
-17,
-37,
-11,
35,
-32,
37,
-25,
-32,
27,
-36,
42,
3,
-17,
-25,
-20,
12,
-48,
39,
-50,
26,
24,
-12,
-32,
-17,
26,
-20,
11,
-9,
16,
58,
-13,
-29,
-19,
36,
-19,
-72,
34
] |
To vacate an order denying a motion for a re-sale of certain real estate, which had been sold under a levy, but the sale of which had been set aside.
Denied April 17, 1877.
An application for mandamus to vacate an order made must be heard on the facts disclosed at the hearing in the circuit, and not upon new facts brought into the case upon the application here; and where the record does not disclose what the showing was at the hearing in the circuit, the court cannot say that relators were entitled to any different order than that which was made, and will not grant mandamus to compel the circuit judge to reverse his action. | [
10,
-3,
-49,
32,
31,
-12,
-12,
56,
-18,
26,
-14,
11,
-13,
-22,
-41,
2,
-1,
18,
-35,
-2,
-31,
16,
-14,
-18,
9,
-19,
-13,
-18,
-39,
-16,
-29,
-53,
9,
-3,
-2,
-14,
-10,
-26,
35,
-2,
-40,
8,
-27,
37,
4,
-47,
-83,
-11,
-36,
35,
-17,
-6,
-3,
35,
17,
1,
-25,
-3,
48,
9,
-72,
5,
-37,
34,
-36,
43,
-28,
-63,
-12,
-4,
-27,
-32,
34,
-1,
27,
-3,
16,
6,
8,
0,
70,
-6,
22,
31,
19,
67,
27,
4,
28,
-13,
-9,
-18,
-14,
-2,
-20,
-3,
15,
37,
8,
-49,
-26,
-14,
-18,
-2,
18,
-70,
16,
-2,
-3,
-84,
36,
-21,
37,
-30,
27,
9,
-31,
-52,
10,
-33,
56,
-40,
37,
-15,
15,
30,
10,
-53,
-23,
-32,
-64,
6,
-42,
31,
18,
-51,
40,
11,
-37,
-49,
33,
-4,
29,
-52,
9,
-34,
90,
10,
0,
9,
-21,
27,
-2,
27,
2,
22,
11,
-16,
-23,
0,
13,
27,
-35,
-56,
34,
2,
-14,
12,
7,
10,
16,
24,
-4,
-6,
-3,
2,
39,
43,
-42,
-28,
-1,
-9,
7,
-2,
37,
-41,
-47,
28,
27,
-7,
-16,
21,
34,
13,
32,
-15,
-30,
36,
1,
10,
-33,
0,
-61,
2,
-1,
3,
-29,
-5,
0,
30,
-61,
14,
-44,
-21,
35,
-16,
22,
5,
20,
23,
20,
20,
24,
36,
-39,
24,
44,
23,
-14,
78,
-12,
42,
1,
-20,
32,
-23,
49,
17,
6,
27,
27,
74,
-22,
17,
14,
9,
15,
24,
44,
-104,
-14,
1,
-20,
20,
42,
-12,
-44,
-28,
-61,
-20,
35,
23,
2,
3,
19,
-36,
16,
-31,
21,
15,
13,
2,
-12,
-14,
19,
44,
-10,
-14,
4,
-12,
-11,
-9,
0,
44,
-58,
34,
35,
30,
-18,
-3,
-20,
-26,
-18,
28,
-37,
-6,
-45,
53,
14,
-29,
-31,
-9,
-16,
34,
-6,
-26,
6,
-68,
24,
16,
17,
10,
22,
28,
4,
-18,
0,
17,
-55,
-12,
13,
-27,
4,
29,
-8,
40,
20,
1,
18,
-19,
23,
-12,
-9,
-60,
-24,
57,
13,
8,
-19,
53,
-26,
39,
-64,
-18,
0,
-19,
31,
-24,
-5,
30,
9,
12,
-11,
11,
-8,
-33,
-79,
-15,
-11,
51,
20,
11,
-22,
-7,
35,
0,
-34,
0,
2,
-17,
-2,
1,
-6,
-31,
-29,
16,
-18,
-64,
-23,
-17,
0,
-73,
-17,
8,
9,
40,
-55,
-1,
-13,
28,
5,
-1,
1,
-21,
32,
10,
-2,
-6,
-2,
16,
4,
29,
-68,
39,
-7,
28,
27,
-10,
34,
45,
68,
0,
4,
28,
-25,
-4,
-23,
22,
0,
17,
-51,
-42,
-42,
-3,
11,
23,
-19,
-13,
70,
74,
-30,
2,
32,
7,
-42,
9,
18,
-46,
-47,
7,
-12,
-6,
-17,
45,
-6,
-61,
-71,
-45,
-3,
40,
-17,
35,
-19,
-27,
-7,
39,
7,
-1,
-11,
-10,
104,
-34,
-9,
18,
23,
-6,
-32,
-19,
16,
25,
-4,
26,
24,
-3,
-29,
16,
-8,
-65,
22,
17,
-9,
69,
-2,
24,
45,
13,
-60,
-11,
10,
73,
-73,
1,
34,
40,
25,
24,
-27,
-50,
31,
41,
-30,
25,
-22,
81,
30,
-15,
42,
-7,
22,
16,
8,
-11,
-1,
0,
88,
22,
-4,
-21,
-39,
0,
20,
-23,
-14,
-8,
14,
6,
-27,
-21,
11,
63,
42,
-11,
57,
-8,
-33,
3,
-10,
2,
9,
34,
-10,
12,
-22,
44,
-4,
7,
-35,
-17,
3,
1,
2,
6,
-6,
17,
-33,
47,
-47,
-24,
9,
2,
26,
15,
6,
-50,
-40,
4,
-16,
-52,
-74,
73,
-29,
23,
-8,
29,
-29,
-20,
-38,
9,
11,
27,
-66,
15,
0,
6,
76,
-29,
-46,
-24,
-8,
-7,
-64,
30,
52,
-24,
-25,
29,
-14,
21,
0,
21,
-28,
2,
-22,
-9,
-12,
-20,
49,
59,
7,
-2,
24,
29,
-76,
14,
-7,
83,
11,
36,
15,
15,
-9,
15,
-37,
-27,
3,
-20,
69,
-8,
-12,
47,
-15,
12,
91,
-14,
-4,
59,
10,
-1,
4,
-39,
-42,
25,
-12,
-34,
-10,
5,
-32,
-60,
3,
39,
-20,
31,
22,
-11,
65,
8,
7,
-1,
49,
-38,
-5,
-75,
-12,
-44,
-12,
12,
-26,
30,
4,
-15,
-7,
27,
-32,
-3,
-42,
73,
-32,
15,
14,
32,
-33,
23,
-35,
-3,
-33,
-32,
42,
-10,
5,
35,
2,
1,
30,
-16,
50,
-9,
-6,
32,
23,
-3,
-4,
4,
47,
37,
-10,
0,
12,
8,
-39,
-31,
-63,
26,
11,
-12,
69,
-28,
79,
-8,
13,
-71,
33,
-14,
9,
2,
-7,
36,
37,
22,
38,
-68,
3,
-29,
19,
-46,
-35,
61,
14,
20,
23,
-15,
-37,
-65,
15,
9,
-14,
29,
-43,
5,
-7,
9,
51,
-34,
-19,
44,
-11,
-22,
-38,
-52,
43,
-27,
21,
-25,
-52,
27,
-17,
-24,
21,
-46,
62,
3,
-11,
-51,
30,
-25,
28,
-25,
-17,
52,
23,
10,
-28,
-70,
-49,
25,
51,
-49,
-5,
20,
-18,
-67,
72,
-27,
-119,
-7,
-12,
3,
5,
-92,
0,
-13,
2,
1,
16,
41,
-13,
5,
-31,
28,
-30,
-10,
24,
-50,
-34,
-58,
19,
-30,
26,
43,
-1,
-11,
-5,
35,
-2,
26,
-34,
5,
32,
2,
-24,
46,
40,
-85,
108,
9,
-5,
-96,
22,
35,
56,
-16,
-46,
-76,
-13,
12,
-10,
-11,
-44,
42,
-16,
35,
34,
19,
-69,
-6,
-25,
-22,
46,
-62,
39,
-42,
66,
92,
-17,
-32,
-10,
0,
-63,
61,
51,
-24,
33,
-47,
2,
-5,
35,
21,
-11,
13,
-3,
10,
-11,
-18,
-15,
5,
-10,
0,
-20,
-1,
12,
38,
50,
-10,
-33,
32,
31,
-11,
79,
-40,
-57,
-9,
-47,
-58,
34,
-10,
3,
-16,
11,
41,
0,
10,
21,
-6,
-23,
-86,
34,
1,
-15,
21,
33,
-20,
25,
24,
-25,
-65,
-32,
-18,
-22,
16,
40,
-22,
18,
56,
-2,
-43,
-14,
-58,
-7,
-7,
8,
71,
5,
4,
-36,
-25,
-39,
12,
-4,
1,
36,
26,
-12,
-40,
41,
-24,
4,
40,
8,
-39,
-28,
-51,
-17,
12,
54,
-1,
62,
83,
0,
62,
-28,
-41,
-1,
-21,
17,
-14,
-70,
36,
1,
-15,
-15,
52,
46,
-4,
51,
-55,
34,
12,
48,
36,
43,
-99,
19,
-7,
-23,
-13,
-20,
51,
-86,
16,
10,
54,
24,
-39,
11,
-40,
18,
-13,
0,
-10,
-22,
-38,
-27,
32,
17,
65,
-55,
-7,
-2,
19,
21,
-37,
31,
32,
-52,
41
] |
To vacate ari order dismissing relatoras bill, filed to compel plaintiff, in a suit commenced by attachment, to release and discharge a levy upon relator’s property, on the ground that the same is á homestead worth less than $1,500, over and above the mortgage thereupon, and it is urged that the mortgage has been foreclosed by advertisement; that the time for redemption expires Oct. 28, 1896; that the levy is a cloud upon her title, which prevents her from effecting a loan upon her property, and unless she can have the matter reviewed by mandamus, she will lose her property.
Order to show cause denied July 1, 1896, on the ground that appeal is the proper remedy. | [
-35,
27,
-10,
19,
24,
-32,
22,
47,
16,
14,
12,
-20,
5,
16,
-21,
21,
4,
-40,
-20,
37,
1,
20,
-18,
10,
-19,
-30,
52,
-75,
10,
-16,
7,
-28,
-12,
15,
46,
-45,
-31,
-46,
12,
-10,
0,
24,
14,
11,
-13,
8,
-34,
-33,
-24,
24,
-21,
-21,
-17,
52,
-21,
32,
-34,
-24,
-5,
12,
-10,
-20,
-32,
31,
-44,
68,
-4,
-42,
0,
-9,
9,
18,
65,
-42,
-13,
-32,
-8,
-25,
31,
43,
2,
-27,
15,
15,
21,
3,
9,
27,
-24,
18,
-36,
50,
-45,
10,
-33,
4,
-2,
35,
8,
26,
-13,
1,
34,
23,
-9,
-12,
1,
-50,
-20,
-7,
-12,
-13,
21,
-23,
-3,
-7,
-70,
1,
26,
-39,
10,
-3,
43,
-56,
-2,
25,
-1,
-17,
-28,
20,
-52,
11,
-13,
52,
-11,
-14,
73,
-5,
9,
-14,
3,
-3,
-2,
-43,
-21,
39,
81,
-32,
-17,
1,
-24,
86,
-5,
82,
-15,
-17,
67,
-14,
0,
6,
43,
17,
-55,
-1,
41,
-14,
-18,
-20,
19,
-8,
52,
12,
-35,
4,
7,
-21,
25,
7,
-23,
-16,
-3,
31,
-7,
-4,
25,
-64,
-7,
-8,
-10,
-14,
3,
-28,
14,
27,
-14,
0,
20,
-29,
14,
3,
-54,
-11,
-33,
-25,
51,
2,
-7,
3,
-17,
-25,
-72,
17,
-72,
-17,
-27,
-23,
38,
-3,
5,
28,
7,
40,
11,
38,
-62,
-48,
3,
-8,
13,
24,
-4,
46,
-41,
-25,
-3,
42,
47,
34,
2,
-20,
-12,
48,
40,
-38,
-15,
5,
18,
-1,
-10,
-48,
15,
-15,
15,
19,
0,
-9,
-36,
-20,
4,
-37,
4,
1,
18,
-21,
-5,
7,
-26,
20,
48,
17,
18,
-15,
36,
17,
25,
6,
-34,
0,
-13,
-6,
-25,
-4,
-54,
-4,
-15,
34,
40,
8,
17,
-6,
15,
-57,
-29,
10,
-16,
33,
-19,
20,
28,
11,
9,
-93,
2,
-35,
0,
-1,
59,
-21,
6,
-28,
0,
21,
-5,
0,
-8,
19,
-44,
28,
-40,
-9,
67,
-3,
-15,
-37,
14,
0,
4,
-31,
-21,
35,
-3,
-28,
-23,
-17,
38,
80,
7,
21,
12,
29,
5,
26,
-84,
35,
20,
28,
8,
-20,
4,
49,
-35,
34,
-29,
48,
28,
0,
-73,
-22,
-35,
49,
20,
13,
-54,
-56,
88,
13,
8,
-31,
-29,
-12,
-15,
-3,
16,
-28,
-9,
-8,
-54,
-9,
-18,
8,
5,
-54,
23,
18,
14,
40,
14,
9,
-10,
17,
16,
-10,
6,
-15,
18,
-36,
21,
-10,
-17,
0,
0,
-4,
-27,
15,
-43,
-8,
49,
3,
-6,
26,
33,
15,
23,
32,
-16,
19,
-1,
18,
0,
-29,
21,
-49,
-12,
17,
3,
-3,
2,
-36,
49,
46,
4,
33,
16,
-14,
11,
36,
19,
-44,
-3,
15,
5,
-4,
41,
28,
-2,
-63,
-60,
-61,
2,
-15,
-51,
-15,
6,
13,
-8,
-7,
10,
20,
20,
-16,
51,
-29,
-31,
58,
-13,
-29,
0,
-12,
19,
-13,
-44,
-19,
70,
0,
-14,
33,
2,
0,
-38,
49,
-10,
12,
13,
5,
39,
43,
19,
-20,
-10,
10,
-6,
-36,
34,
32,
-11,
-37,
-69,
-58,
1,
-6,
-42,
36,
25,
48,
47,
-5,
12,
32,
38,
17,
-16,
-44,
11,
11,
-12,
34,
15,
-19,
-4,
-5,
-28,
-7,
-56,
-46,
-4,
-46,
-18,
46,
31,
45,
11,
6,
9,
-11,
-84,
23,
-21,
9,
16,
29,
-58,
32,
14,
21,
0,
81,
-20,
-2,
-3,
31,
3,
17,
-29,
57,
-19,
16,
-39,
-53,
7,
-3,
24,
-28,
-11,
-51,
-36,
-28,
47,
-46,
-45,
42,
-23,
1,
12,
1,
4,
-18,
-45,
-42,
39,
31,
-53,
32,
-39,
-29,
48,
-42,
-27,
13,
-12,
5,
-48,
18,
22,
-11,
-47,
-11,
-52,
-11,
7,
42,
-62,
29,
7,
-32,
-3,
-16,
-10,
4,
45,
22,
44,
6,
-47,
30,
-9,
4,
47,
5,
16,
38,
35,
54,
7,
-19,
-33,
-73,
25,
12,
-9,
16,
-8,
27,
45,
-26,
-19,
42,
44,
31,
20,
-86,
-67,
43,
-35,
-3,
-57,
6,
22,
-10,
18,
8,
-3,
9,
-17,
-27,
60,
-7,
-9,
-29,
8,
5,
-4,
-55,
11,
-13,
17,
-10,
14,
65,
-32,
-10,
-48,
-11,
8,
-1,
3,
42,
-60,
20,
-5,
-11,
-22,
-25,
-16,
8,
-60,
33,
26,
-16,
39,
41,
27,
-13,
25,
46,
4,
28,
25,
-10,
35,
14,
2,
-31,
-4,
34,
1,
-7,
-31,
-7,
35,
-9,
-21,
21,
34,
-46,
44,
0,
56,
-28,
-4,
-54,
12,
-12,
4,
17,
-60,
10,
11,
13,
41,
14,
-21,
7,
-22,
7,
-54,
4,
-39,
-15,
18,
4,
-58,
-15,
32,
5,
-6,
3,
-65,
22,
17,
-30,
38,
-47,
-36,
27,
-18,
-19,
-57,
-63,
0,
10,
7,
-9,
-29,
10,
-2,
38,
23,
-20,
31,
-41,
-67,
-9,
42,
-48,
26,
-43,
-26,
47,
50,
-17,
24,
-82,
-70,
3,
1,
-20,
69,
19,
10,
-42,
-8,
6,
-22,
-24,
-48,
21,
-20,
-58,
-45,
-2,
-21,
-11,
12,
7,
35,
45,
-36,
-4,
-35,
-35,
5,
-68,
-16,
-35,
3,
8,
9,
35,
-17,
-27,
6,
-4,
-1,
58,
3,
26,
19,
10,
21,
24,
58,
-63,
40,
-1,
-25,
-58,
58,
2,
31,
-24,
-68,
-8,
-2,
6,
-14,
-16,
-2,
-1,
6,
-1,
39,
-16,
-32,
-12,
-33,
-18,
28,
9,
33,
-33,
70,
40,
38,
-38,
-6,
-14,
21,
52,
53,
-10,
61,
-96,
-17,
34,
-7,
25,
-25,
-41,
0,
7,
-3,
-19,
-20,
35,
-1,
10,
-25,
-6,
2,
25,
37,
23,
-8,
57,
17,
38,
9,
-60,
-42,
2,
-11,
4,
26,
-12,
1,
-33,
-16,
65,
11,
26,
25,
-6,
25,
-38,
9,
-5,
15,
9,
26,
7,
27,
32,
-8,
-33,
-20,
-14,
36,
18,
15,
7,
15,
18,
24,
7,
-13,
-42,
-21,
15,
7,
48,
-26,
-33,
29,
30,
2,
20,
61,
-9,
25,
28,
-59,
6,
10,
4,
-17,
12,
-17,
-19,
-23,
-56,
-46,
-22,
-7,
-39,
20,
77,
10,
43,
-19,
-61,
20,
47,
-13,
-7,
-72,
11,
29,
-43,
-15,
22,
16,
-52,
32,
-45,
18,
-3,
13,
-1,
4,
-45,
37,
12,
-14,
0,
19,
36,
-50,
9,
25,
63,
15,
-27,
21,
-21,
41,
-31,
11,
-11,
17,
6,
-26,
-10,
63,
56,
-34,
-12,
-47,
37,
33,
-2,
38,
7,
-32,
-9
] |
A county has a statutory right of action upon a township treasurer’s bond for moneys which have been paid into the county treasury, and have been embezzled by that officer, but it can enforce by mandamus against township authorities its statutory right to have the amount of taxes re-assessed against the township.
Decided October 20, 1880. | [
-29,
9,
-7,
-16,
-23,
61,
24,
-38,
18,
20,
-24,
-7,
-9,
18,
-1,
7,
1,
-27,
-19,
61,
37,
-47,
32,
48,
-22,
59,
68,
47,
-59,
-24,
-19,
-6,
13,
-5,
-14,
-50,
10,
-8,
16,
-2,
0,
50,
-13,
9,
-21,
-40,
20,
-35,
7,
2,
0,
19,
-28,
26,
-1,
28,
1,
-76,
-16,
27,
-10,
-51,
-3,
7,
-1,
-27,
-36,
-20,
-8,
-7,
-2,
7,
-14,
18,
26,
46,
-16,
13,
-11,
53,
-10,
-68,
-26,
14,
-25,
-34,
-34,
3,
-21,
-15,
0,
-4,
-11,
56,
31,
42,
-7,
-49,
4,
31,
-4,
-50,
39,
62,
-5,
-29,
53,
-10,
5,
-7,
-7,
-15,
5,
-96,
16,
9,
-33,
-5,
36,
17,
17,
-11,
57,
27,
-6,
13,
7,
-25,
-3,
-26,
-33,
7,
-26,
-8,
-37,
13,
7,
28,
23,
-3,
-11,
-27,
52,
-37,
39,
-100,
57,
-19,
9,
46,
-42,
0,
39,
50,
-34,
-11,
0,
-18,
20,
-43,
0,
13,
-20,
-36,
-50,
13,
-28,
-22,
-54,
43,
5,
46,
18,
33,
6,
-24,
-5,
13,
29,
25,
17,
-16,
-25,
60,
-3,
-28,
3,
-15,
-22,
-21,
-2,
29,
-14,
-62,
33,
9,
-14,
24,
-63,
-18,
30,
0,
48,
-13,
-22,
-63,
29,
-41,
-87,
25,
-48,
-24,
-7,
56,
-27,
-17,
6,
16,
42,
19,
46,
22,
58,
46,
-11,
3,
-7,
14,
-21,
-22,
50,
-36,
48,
-28,
-26,
4,
-37,
37,
8,
42,
-12,
36,
-28,
-17,
17,
-3,
49,
-15,
-42,
14,
-9,
-73,
-25,
-5,
-8,
18,
18,
-37,
42,
-10,
-3,
19,
2,
19,
-46,
-3,
26,
36,
-29,
15,
-16,
16,
49,
-25,
-45,
15,
9,
-39,
7,
24,
-14,
-26,
-15,
-1,
4,
39,
-75,
37,
0,
-7,
9,
-24,
8,
77,
10,
19,
-17,
-75,
55,
-45,
-23,
58,
4,
32,
26,
8,
17,
-33,
-20,
34,
23,
20,
-9,
31,
12,
12,
30,
-23,
5,
14,
1,
29,
3,
10,
-25,
22,
13,
12,
-20,
7,
5,
-27,
62,
15,
39,
4,
32,
-22,
22,
-32,
74,
32,
62,
1,
-30,
-29,
-27,
-2,
-23,
-12,
5,
33,
-23,
99,
-19,
-6,
-24,
8,
-47,
18,
47,
32,
-40,
-28,
31,
-27,
-35,
3,
23,
-10,
118,
30,
-6,
25,
-5,
15,
-57,
-17,
-19,
19,
22,
0,
-34,
12,
59,
27,
-22,
14,
-74,
-2,
-12,
5,
9,
19,
0,
-60,
-3,
-26,
-21,
-52,
-22,
30,
-8,
47,
18,
19,
29,
14,
18,
38,
12,
-5,
-31,
-59,
4,
-22,
85,
22,
19,
-52,
35,
20,
-1,
-75,
16,
-39,
-23,
55,
-4,
-15,
11,
-11,
11,
14,
36,
-70,
-37,
-28,
-12,
-17,
11,
-8,
55,
14,
-47,
-60,
-31,
51,
32,
-3,
-51,
-17,
-28,
-19,
-4,
1,
26,
-38,
-34,
-11,
40,
-8,
-3,
-2,
-4,
-10,
-49,
0,
43,
7,
-21,
17,
-6,
-3,
-42,
-46,
13,
-1,
63,
10,
57,
-48,
-42,
-11,
-5,
-11,
6,
-21,
-6,
13,
9,
-39,
-16,
34,
69,
62,
-13,
-16,
51,
36,
33,
61,
-3,
20,
-14,
55,
-14,
-21,
-16,
35,
-41,
5,
15,
20,
48,
27,
16,
-1,
-1,
4,
-40,
12,
-108,
6,
27,
25,
-32,
9,
-45,
27,
-31,
7,
28,
21,
-52,
20,
-19,
56,
-61,
-44,
31,
11,
20,
14,
-20,
23,
4,
15,
-12,
-22,
-53,
11,
2,
14,
-8,
-15,
-36,
7,
-1,
-1,
-63,
21,
29,
-40,
-19,
0,
-44,
-36,
-15,
-49,
20,
-38,
34,
41,
31,
6,
-7,
-69,
-5,
19,
34,
4,
-30,
-9,
52,
21,
-10,
-29,
54,
-9,
20,
-9,
29,
-11,
-41,
12,
-46,
16,
-7,
38,
-6,
24,
-9,
2,
34,
-18,
27,
-8,
-7,
-9,
36,
46,
25,
-5,
11,
8,
-36,
-31,
0,
-50,
32,
5,
9,
-4,
24,
17,
21,
-19,
-11,
60,
-30,
-8,
10,
10,
-32,
42,
-38,
35,
5,
5,
-26,
-33,
-25,
-76,
18,
38,
-40,
53,
-15,
-29,
-34,
32,
-3,
2,
-3,
46,
-5,
-21,
39,
-45,
50,
-31,
-5,
-40,
33,
5,
-22,
27,
30,
-25,
14,
-78,
-24,
-54,
-43,
-35,
-24,
13,
-16,
-49,
-35,
-1,
-21,
50,
-18,
-29,
46,
-5,
-25,
-48,
8,
-5,
-44,
21,
-6,
-16,
-34,
35,
-72,
58,
24,
47,
17,
66,
-29,
-29,
12,
0,
-45,
-69,
-80,
-37,
-35,
26,
41,
-9,
4,
-21,
21,
31,
-18,
-84,
-9,
-38,
-33,
-42,
2,
-24,
-42,
26,
-13,
-49,
-55,
-22,
10,
37,
-22,
66,
1,
1,
0,
2,
13,
10,
-6,
2,
-41,
-3,
9,
42,
51,
38,
9,
36,
-42,
-69,
-33,
19,
21,
44,
5,
9,
-21,
39,
58,
-35,
-53,
-3,
0,
-8,
39,
49,
-13,
-16,
36,
-32,
-25,
-33,
25,
-35,
26,
0,
51,
-5,
0,
-38,
12,
-75,
-24,
2,
8,
-24,
15,
-40,
-16,
46,
35,
-8,
13,
-6,
42,
48,
-30,
66,
17,
61,
-36,
20,
-42,
7,
-3,
15,
-27,
-39,
45,
19,
20,
49,
-18,
-15,
-19,
40,
29,
-5,
-5,
41,
54,
9,
-18,
60,
-3,
22,
-87,
4,
24,
-83,
-2,
-31,
1,
9,
-37,
-40,
19,
-5,
-51,
0,
20,
25,
-39,
26,
-17,
6,
-28,
-20,
10,
16,
35,
-55,
-21,
24,
47,
66,
2,
-30,
17,
-32,
-10,
17,
-11,
25,
-9,
2,
-30,
-1,
54,
12,
0,
-23,
-45,
15,
-25,
30,
49,
-42,
-26,
-6,
-4,
-3,
32,
38,
-5,
0,
-47,
33,
47,
-32,
11,
-46,
-52,
-18,
35,
-20,
-16,
1,
0,
24,
29,
-44,
3,
42,
-7,
-34,
-5,
13,
-42,
-17,
-22,
-43,
51,
14,
40,
29,
-7,
-31,
-12,
-15,
38,
-34,
-20,
-35,
-72,
-1,
-23,
30,
37,
-44,
8,
-34,
71,
-14,
61,
-18,
-54,
36,
-21,
65,
21,
-16,
35,
-8,
-22,
-8,
18,
20,
-66,
-18,
-24,
-16,
-39,
67,
-48,
18,
45,
-28,
-1,
-35,
14,
-50,
82,
-25,
-25,
-31,
-12,
12,
-8,
-21,
-22,
-3,
24,
16,
-1,
-48,
13,
15,
-33,
18,
44,
-42,
-3,
-27,
12,
6,
15,
-38,
22,
21,
-1,
3,
60,
-28,
37,
-18,
18,
-5,
-6,
2,
60,
49,
12,
-26,
7,
23,
37,
-3,
20,
0,
19,
22,
-13,
-9,
24,
2,
-46,
38
] |
To compel respondent to levy and collect an amount of money not accounted for by a defaulting treasurer.
Granted April 25, 1888. | [
-44,
-27,
-28,
39,
8,
50,
17,
19,
-10,
-3,
-17,
-56,
-29,
21,
-39,
21,
-12,
-34,
41,
22,
-7,
-58,
47,
-42,
19,
41,
3,
-28,
-64,
-59,
13,
25,
-85,
-14,
15,
-76,
-55,
-19,
38,
0,
-26,
-18,
-36,
30,
14,
21,
-55,
-45,
24,
-12,
-15,
0,
-7,
39,
4,
28,
44,
-77,
-47,
14,
-39,
11,
21,
-36,
17,
18,
-97,
-27,
-18,
26,
3,
-35,
1,
8,
6,
12,
37,
-11,
-10,
12,
6,
-27,
-63,
-9,
28,
-15,
-17,
9,
8,
13,
-19,
23,
-32,
37,
16,
23,
-1,
45,
-2,
76,
40,
-81,
25,
63,
85,
29,
67,
-18,
-25,
-21,
-20,
-77,
18,
-30,
-10,
11,
-36,
22,
-81,
-93,
-8,
29,
19,
29,
-11,
12,
-28,
-49,
-12,
41,
-24,
11,
-54,
48,
2,
5,
9,
4,
11,
26,
-86,
-10,
44,
-37,
-20,
-82,
58,
-19,
-16,
49,
-17,
-18,
-16,
76,
2,
-28,
2,
3,
63,
-6,
14,
15,
-1,
-5,
0,
-16,
-52,
-12,
-1,
3,
9,
24,
-23,
-20,
4,
-29,
-12,
-18,
-17,
14,
-10,
52,
-45,
20,
67,
-36,
1,
27,
45,
7,
-44,
-12,
39,
-36,
14,
-1,
66,
-30,
54,
30,
-4,
4,
-4,
3,
7,
5,
12,
5,
-31,
-6,
1,
35,
-50,
32,
-29,
54,
28,
3,
-13,
13,
-24,
44,
18,
52,
-13,
-18,
-13,
20,
-6,
62,
-41,
-25,
-8,
-10,
-24,
19,
15,
0,
5,
2,
-41,
10,
-2,
-55,
-9,
3,
-55,
-3,
-25,
-18,
-18,
-38,
-38,
59,
10,
26,
32,
-3,
91,
-7,
-29,
-15,
63,
40,
-59,
-18,
3,
10,
-24,
-23,
13,
-12,
-7,
-7,
24,
-23,
-54,
6,
-34,
-5,
-49,
-82,
-28,
-14,
28,
3,
5,
-20,
21,
46,
37,
-9,
63,
18,
15,
59,
-26,
26,
11,
-15,
-53,
-73,
46,
-36,
47,
-45,
12,
-27,
-68,
-49,
10,
-14,
-85,
-19,
46,
-22,
7,
-37,
41,
31,
34,
-41,
-17,
-9,
13,
6,
37,
6,
-8,
44,
-14,
17,
-17,
-11,
33,
56,
36,
-24,
28,
-17,
20,
35,
-26,
14,
-13,
-37,
-33,
-51,
-60,
24,
-13,
-12,
-61,
62,
57,
98,
-6,
60,
24,
39,
19,
-13,
5,
-97,
36,
-3,
-43,
-27,
54,
-18,
10,
-18,
0,
-60,
26,
49,
-79,
-15,
-7,
-75,
-3,
-33,
-3,
-25,
3,
-31,
1,
-44,
-31,
-57,
33,
74,
13,
-5,
-29,
-9,
64,
-54,
-3,
0,
-20,
11,
-12,
-25,
9,
-53,
27,
52,
20,
21,
-3,
50,
15,
40,
5,
-32,
32,
3,
71,
-49,
27,
2,
8,
-33,
7,
-51,
4,
55,
-54,
-55,
-25,
-32,
36,
19,
-24,
13,
31,
-33,
-12,
-19,
73,
21,
-11,
23,
-10,
33,
-19,
-3,
50,
11,
-30,
-21,
-15,
10,
59,
1,
14,
22,
-56,
-49,
-47,
11,
33,
38,
19,
-42,
-29,
35,
30,
41,
-34,
4,
38,
-53,
-28,
-22,
10,
-20,
-9,
-6,
-10,
-1,
-28,
2,
-20,
25,
-1,
15,
-108,
4,
31,
-21,
-41,
14,
25,
55,
-50,
-9,
22,
70,
-14,
48,
-5,
59,
-12,
-6,
-59,
-31,
15,
-42,
-17,
-36,
32,
13,
68,
9,
-52,
-1,
39,
-28,
-99,
45,
-60,
-21,
-18,
36,
5,
47,
-8,
46,
-17,
-26,
-24,
-53,
-41,
-61,
-24,
-1,
-49,
49,
36,
7,
33,
-19,
18,
15,
33,
40,
8,
-40,
-73,
2,
52,
90,
-46,
-21,
19,
-66,
24,
11,
-49,
30,
-37,
-87,
-38,
-26,
9,
44,
-74,
23,
34,
32,
-4,
27,
15,
18,
13,
-55,
21,
-37,
81,
-16,
48,
-66,
7,
53,
-22,
17,
-3,
28,
10,
25,
15,
38,
11,
16,
-24,
41,
-18,
3,
-49,
34,
-6,
-5,
-12,
-60,
27,
-30,
-5,
-47,
26,
10,
42,
57,
-15,
9,
-1,
-32,
77,
-14,
-7,
-23,
-2,
-6,
-6,
-33,
29,
5,
-75,
-39,
-18,
3,
30,
65,
-79,
29,
-17,
10,
34,
23,
-41,
-5,
-32,
-16,
-25,
8,
63,
7,
70,
15,
-1,
4,
40,
2,
10,
18,
4,
13,
47,
-17,
59,
-20,
-1,
32,
36,
66,
32,
18,
-6,
41,
-56,
-86,
-6,
-55,
9,
2,
-44,
96,
-41,
-59,
-70,
11,
-34,
60,
-64,
-46,
15,
32,
4,
8,
62,
-45,
0,
22,
-9,
39,
-20,
20,
22,
69,
23,
2,
-39,
42,
9,
-23,
-34,
25,
-94,
57,
-37,
5,
-10,
-44,
-7,
-36,
17,
-6,
-34,
-5,
17,
-51,
35,
65,
-15,
-17,
58,
-39,
-56,
2,
-67,
19,
-18,
0,
15,
6,
-39,
17,
-23,
33,
-14,
10,
-8,
40,
-7,
37,
-60,
36,
9,
43,
8,
-42,
-56,
44,
-41,
-55,
-42,
2,
11,
24,
-48,
32,
77,
28,
26,
69,
-48,
38,
58,
-6,
-4,
30,
58,
-10,
-1,
17,
-64,
5,
40,
7,
16,
4,
9,
-4,
8,
-69,
6,
1,
-4,
6,
14,
-37,
29,
-13,
-45,
25,
0,
53,
42,
-7,
-39,
5,
-60,
-9,
21,
35,
-21,
31,
-65,
-15,
-12,
-55,
-51,
35,
6,
6,
-2,
-5,
15,
9,
22,
41,
-25,
24,
-25,
31,
7,
33,
11,
24,
-11,
-17,
42,
5,
-39,
-28,
29,
-38,
-39,
-32,
-67,
-42,
36,
-2,
-16,
-36,
-64,
47,
-43,
47,
6,
42,
0,
42,
-41,
-47,
25,
-12,
-15,
24,
12,
38,
36,
-23,
-2,
-1,
3,
27,
47,
-54,
54,
20,
-22,
35,
40,
70,
34,
24,
0,
1,
41,
10,
19,
-8,
34,
15,
-37,
5,
-5,
63,
31,
58,
-7,
40,
34,
-41,
24,
-8,
22,
-7,
-9,
-28,
-46,
-12,
28,
-11,
2,
31,
-15,
25,
-9,
16,
-47,
-7,
-45,
-3,
6,
-11,
24,
-4,
74,
7,
-62,
-43,
-10,
-19,
54,
35,
16,
-44,
-48,
0,
-13,
40,
17,
-33,
-31,
-29,
0,
38,
39,
-45,
15,
-6,
-56,
-2,
2,
1,
48,
-18,
27,
11,
28,
-1,
17,
-17,
-21,
-24,
0,
13,
-6,
-24,
56,
-45,
22,
60,
55,
-36,
-7,
15,
-23,
45,
-7,
-9,
-16,
19,
11,
-110,
7,
-26,
59,
16,
16,
-15,
-59,
33,
11,
13,
-4,
37,
59,
26,
30,
2,
24,
-11,
-12,
-24,
54,
-10,
-44,
-86,
-17,
-76,
-38,
-43,
15,
13,
1,
-12,
0,
30,
-7,
-8,
-9,
16,
17,
17,
41,
-38,
48,
-36,
0,
28
] |
To compel the clerk of thé township to prepare and present to the supervisors the proper certificate for raising by taxation the amount of certain highway orders, and to compel the township board to raise the amount of said orders by taxation.
Granted July 28, 1892, in default of answer. | [
25,
48,
31,
-30,
24,
72,
44,
-5,
6,
-3,
-17,
-72,
-54,
36,
63,
7,
-27,
-4,
-13,
5,
14,
-50,
60,
-15,
-20,
38,
27,
15,
-77,
46,
-4,
9,
-60,
93,
10,
-86,
-33,
-39,
56,
40,
19,
5,
-37,
-3,
-33,
-25,
10,
-36,
-23,
-19,
-29,
-2,
-14,
9,
3,
57,
-22,
-68,
-1,
-13,
-50,
11,
3,
76,
1,
42,
1,
10,
-21,
-25,
-37,
-1,
17,
41,
49,
26,
-5,
-5,
-29,
35,
24,
-8,
4,
-31,
-3,
-16,
-27,
-13,
-23,
-17,
-27,
-38,
-12,
25,
64,
27,
2,
-7,
21,
25,
1,
50,
71,
3,
-9,
-25,
15,
17,
-31,
0,
42,
-45,
1,
-47,
27,
8,
-37,
34,
52,
-8,
21,
-12,
22,
2,
-33,
35,
-7,
-21,
-17,
14,
-25,
-8,
-44,
4,
3,
35,
-6,
-20,
-25,
-5,
1,
29,
14,
-48,
2,
-96,
-15,
-10,
-33,
-10,
30,
33,
53,
20,
-16,
23,
-4,
-35,
41,
-64,
2,
20,
32,
-8,
-33,
7,
-19,
-19,
-65,
44,
25,
3,
23,
-19,
-14,
-44,
31,
54,
12,
28,
3,
-4,
9,
38,
21,
16,
-24,
-5,
54,
-51,
2,
4,
12,
-28,
3,
22,
-5,
-25,
-39,
-2,
11,
13,
21,
-11,
-6,
-18,
-56,
-47,
-96,
15,
18,
35,
-37,
36,
8,
71,
38,
7,
72,
0,
56,
19,
72,
37,
-23,
4,
-10,
3,
-8,
33,
66,
21,
45,
3,
-5,
17,
-13,
2,
0,
76,
-19,
15,
-12,
-9,
23,
34,
35,
9,
0,
7,
54,
26,
-53,
-44,
-33,
45,
-16,
30,
53,
-64,
0,
21,
80,
-11,
-29,
-31,
23,
2,
-50,
-7,
13,
20,
30,
-18,
-64,
45,
32,
-56,
-31,
-10,
12,
-64,
-46,
20,
23,
32,
-46,
-75,
-13,
3,
-28,
-13,
-13,
54,
-18,
44,
-31,
18,
20,
-27,
-38,
28,
2,
18,
26,
-25,
-15,
-42,
39,
39,
47,
-13,
3,
61,
-4,
11,
3,
17,
-51,
-2,
33,
51,
-20,
42,
-46,
8,
-10,
41,
0,
37,
8,
-23,
41,
-21,
34,
12,
29,
-63,
-17,
-55,
42,
19,
82,
32,
0,
-14,
-35,
-46,
-21,
11,
-39,
20,
-6,
24,
-28,
-18,
0,
9,
35,
22,
36,
-25,
10,
-53,
25,
0,
-50,
-19,
43,
-5,
18,
1,
-49,
27,
14,
-20,
-13,
21,
-4,
11,
6,
40,
-30,
6,
22,
63,
28,
21,
-18,
-79,
38,
49,
-5,
17,
-5,
-31,
-21,
-5,
-56,
-17,
-39,
43,
-6,
100,
47,
40,
26,
16,
6,
49,
-21,
-19,
-12,
-38,
29,
-8,
51,
27,
0,
20,
5,
13,
-79,
-14,
-21,
-40,
0,
42,
-21,
34,
-43,
17,
45,
30,
-2,
-55,
-12,
-59,
22,
-90,
-14,
0,
48,
87,
-11,
-9,
-58,
8,
1,
-50,
37,
-27,
-28,
29,
26,
9,
25,
39,
-40,
-40,
-36,
-3,
-54,
-44,
-44,
71,
-48,
31,
65,
37,
-88,
25,
-17,
-32,
-64,
-33,
36,
-16,
15,
-39,
-9,
-8,
-60,
-53,
-1,
-79,
55,
52,
-59,
-23,
43,
-47,
-31,
56,
99,
3,
-54,
2,
22,
76,
66,
49,
-2,
56,
-28,
45,
-17,
5,
-29,
-16,
-1,
-12,
27,
-3,
31,
73,
-11,
-66,
26,
-9,
2,
20,
-33,
0,
63,
39,
11,
32,
-34,
8,
-35,
19,
23,
42,
-37,
24,
9,
40,
-63,
-27,
4,
10,
-29,
-29,
13,
41,
-27,
-18,
50,
-60,
-41,
63,
9,
-4,
-83,
-84,
29,
-32,
-40,
17,
-60,
-51,
-35,
-49,
-54,
9,
-17,
36,
-76,
-63,
-25,
-47,
-42,
8,
26,
3,
-3,
-65,
22,
-7,
42,
2,
13,
-53,
58,
38,
-12,
-1,
-47,
17,
-40,
24,
-40,
57,
9,
30,
-48,
47,
65,
-25,
48,
21,
-16,
0,
31,
-18,
-2,
4,
42,
-39,
-29,
-19,
13,
45,
-7,
8,
2,
9,
0,
-28,
15,
4,
-1,
-17,
7,
26,
40,
-21,
-10,
42,
9,
66,
-11,
45,
10,
5,
-25,
-38,
31,
-41,
7,
-15,
-52,
-43,
-8,
17,
-35,
96,
-4,
49,
-33,
5,
-46,
-45,
32,
61,
25,
0,
67,
39,
40,
-62,
53,
12,
-13,
-17,
-46,
4,
32,
18,
-9,
-38,
-39,
1,
-31,
-26,
-3,
42,
-18,
-13,
-36,
37,
-16,
44,
-2,
-42,
7,
48,
-23,
-71,
-37,
-35,
-32,
42,
16,
-19,
-83,
16,
-21,
1,
52,
-4,
-8,
10,
-12,
-2,
-22,
-41,
-53,
-50,
-51,
-21,
-30,
-25,
29,
-22,
38,
21,
68,
23,
16,
-57,
-50,
63,
-51,
56,
-43,
-46,
-2,
34,
-27,
27,
-22,
-26,
12,
-46,
-1,
11,
9,
-35,
-2,
-13,
-40,
-34,
57,
11,
-3,
35,
-80,
44,
32,
-61,
13,
1,
-11,
-26,
-3,
-18,
22,
50,
-35,
24,
-12,
-16,
57,
13,
-26,
18,
-48,
40,
15,
39,
-21,
-3,
27,
-128,
-36,
-42,
56,
-33,
20,
-52,
15,
0,
19,
27,
-2,
-36,
-40,
-2,
15,
-13,
12,
4,
-22,
-29,
51,
-15,
27,
-41,
-9,
22,
-14,
35,
19,
36,
-34,
14,
-44,
36,
21,
14,
-23,
-29,
1,
-55,
-3,
56,
-4,
-30,
-15,
0,
42,
9,
-20,
-18,
4,
47,
-52,
30,
74,
21,
-52,
-87,
12,
-67,
2,
24,
0,
-13,
0,
-2,
15,
-37,
-17,
-26,
10,
3,
-33,
29,
-63,
70,
0,
-22,
-1,
35,
91,
-33,
-57,
48,
15,
15,
34,
-20,
5,
-40,
-40,
-2,
22,
-10,
21,
17,
0,
-2,
3,
38,
49,
-8,
-1,
3,
-44,
11,
57,
-50,
-40,
-26,
-9,
24,
37,
21,
-33,
-1,
34,
-1,
38,
-15,
1,
-24,
-36,
13,
20,
-9,
-35,
27,
16,
10,
-7,
17,
57,
11,
-19,
-35,
-11,
-38,
-41,
-48,
16,
-49,
27,
-30,
75,
-12,
-50,
-23,
6,
-29,
-14,
16,
18,
-29,
-28,
-14,
5,
35,
94,
9,
33,
4,
31,
-51,
40,
-23,
-47,
11,
-4,
32,
1,
29,
21,
-64,
12,
-11,
32,
-9,
-53,
24,
15,
-13,
-24,
16,
-14,
10,
76,
-13,
-30,
-63,
46,
-70,
28,
53,
-18,
42,
-47,
60,
-8,
17,
-10,
-83,
-30,
-8,
19,
-39,
70,
23,
-8,
12,
24,
-40,
21,
-32,
2,
0,
-26,
-45,
-40,
-7,
9,
24,
19,
44,
0,
-28,
-30,
0,
-15,
-40,
26,
-19,
-18,
-13,
13,
14,
-31,
-7,
11,
22,
55,
-40,
61,
-90,
17,
-29,
-45,
31
] |
To compel respondent to approve a liquor bond.
Denied July 11, 1888.
The case involved the constitutionality of Act No. 31, Laws of 1*887, providing that it shall not be lawful to establish or maintain a saloon or other place of entertainment in which intoxicating liquors are sold or keiit for sale, within one mile of the Soldiers’ Home. | [
22,
11,
-18,
48,
17,
-1,
-27,
82,
-11,
31,
-25,
-3,
12,
-20,
86,
52,
13,
45,
-20,
13,
-5,
5,
-59,
21,
-12,
11,
37,
37,
-80,
-10,
71,
-23,
-13,
21,
-16,
-15,
1,
-11,
35,
-36,
-26,
7,
9,
15,
-25,
-15,
-40,
-74,
-20,
33,
-60,
-20,
-8,
38,
-27,
35,
-6,
-14,
-19,
93,
9,
10,
-8,
32,
-40,
-50,
-1,
4,
0,
-37,
52,
1,
-68,
-47,
65,
-16,
-7,
-24,
-2,
29,
-4,
19,
59,
10,
-4,
11,
-23,
36,
-11,
12,
4,
-30,
-52,
11,
-36,
7,
-27,
18,
26,
-49,
48,
-54,
-43,
2,
49,
7,
-42,
-10,
-15,
-31,
25,
-65,
38,
-12,
-2,
19,
-28,
-2,
-41,
1,
19,
36,
88,
7,
-41,
-48,
20,
-21,
-7,
-58,
-8,
-25,
39,
-18,
-10,
-15,
-39,
41,
0,
-23,
-4,
60,
62,
1,
66,
-28,
22,
-1,
-17,
2,
-31,
49,
-13,
21,
-18,
58,
61,
21,
-1,
9,
-51,
14,
-30,
-21,
47,
-23,
-4,
-24,
-29,
0,
-15,
26,
-31,
31,
19,
-27,
49,
0,
-36,
0,
-33,
-11,
5,
41,
34,
-38,
-45,
-40,
-17,
-22,
-54,
-16,
49,
18,
32,
37,
8,
-53,
-9,
25,
-35,
-7,
-29,
-10,
48,
-2,
-21,
59,
-45,
-2,
-52,
30,
-2,
-3,
9,
-32,
-12,
-15,
41,
23,
-1,
29,
29,
42,
-21,
-33,
37,
7,
0,
7,
-41,
0,
4,
16,
30,
-27,
2,
-15,
42,
64,
0,
21,
-49,
-4,
-26,
-67,
-20,
37,
82,
-65,
21,
-8,
-22,
35,
-1,
25,
-11,
12,
11,
5,
39,
28,
31,
20,
-12,
-6,
46,
-10,
5,
74,
-30,
-44,
22,
-1,
20,
15,
15,
22,
-9,
38,
-28,
-13,
3,
23,
-33,
-26,
4,
16,
-17,
-22,
23,
1,
-37,
-24,
-24,
-41,
-38,
83,
14,
12,
47,
-3,
40,
41,
-65,
-50,
7,
-1,
-10,
-50,
-7,
43,
-6,
9,
51,
13,
59,
17,
-29,
-100,
2,
-5,
12,
6,
19,
-23,
2,
13,
-48,
0,
29,
25,
-17,
29,
-64,
35,
56,
-55,
-24,
8,
61,
27,
37,
9,
-4,
25,
-26,
-7,
34,
-30,
-35,
11,
35,
13,
-20,
13,
-52,
1,
-7,
24,
-22,
-16,
4,
38,
25,
-45,
-23,
12,
52,
-4,
17,
15,
-16,
32,
15,
-9,
-10,
-2,
-55,
-32,
10,
-2,
40,
1,
36,
3,
-10,
-64,
-16,
3,
56,
-22,
-43,
-10,
-25,
26,
-22,
-47,
43,
-62,
-42,
32,
-23,
-46,
27,
-7,
39,
30,
51,
-3,
-9,
3,
-26,
4,
-25,
66,
-52,
-13,
11,
-24,
-27,
-21,
1,
33,
5,
-72,
-42,
29,
39,
44,
-39,
-34,
1,
45,
-53,
-65,
32,
-12,
5,
-46,
-68,
0,
12,
13,
-63,
-9,
-44,
10,
15,
-6,
-25,
28,
-75,
-6,
-13,
41,
13,
56,
10,
5,
54,
12,
13,
-5,
31,
4,
-89,
-31,
6,
-5,
-14,
15,
50,
-53,
-63,
-4,
72,
-8,
0,
12,
18,
32,
29,
-11,
0,
-43,
-31,
11,
14,
2,
42,
-3,
23,
2,
-40,
39,
22,
-11,
-22,
53,
-26,
3,
-58,
30,
-15,
32,
7,
46,
7,
-5,
32,
-12,
13,
23,
-7,
8,
-17,
-16,
-29,
-57,
46,
31,
-27,
-21,
-55,
28,
-9,
-17,
35,
-3,
1,
-17,
-9,
0,
-36,
-21,
49,
31,
2,
23,
34,
-30,
-17,
40,
4,
24,
29,
11,
0,
30,
-27,
-7,
5,
0,
-50,
-39,
-63,
-49,
-53,
37,
-21,
-24,
-15,
-29,
-15,
-42,
9,
37,
3,
46,
-52,
62,
-7,
8,
12,
-15,
0,
2,
10,
40,
2,
3,
37,
18,
11,
-23,
-56,
-14,
-106,
24,
-58,
33,
-5,
14,
-16,
30,
17,
39,
-40,
37,
-12,
-11,
20,
-10,
-35,
-14,
-7,
-31,
2,
15,
6,
-28,
-20,
3,
-23,
27,
29,
-18,
56,
-12,
-37,
44,
-50,
26,
-18,
-49,
0,
18,
6,
42,
-74,
2,
53,
-19,
-16,
62,
-15,
43,
-2,
-51,
-35,
2,
-21,
-6,
1,
38,
0,
6,
-4,
-2,
-35,
13,
0,
30,
-16,
7,
17,
-40,
45,
-7,
19,
7,
-40,
36,
-46,
21,
19,
25,
-22,
29,
-17,
-8,
9,
-14,
49,
-6,
3,
34,
5,
2,
-60,
-40,
30,
-45,
33,
30,
22,
-6,
2,
2,
55,
0,
8,
-1,
-19,
34,
-50,
54,
10,
12,
14,
-56,
-18,
9,
18,
11,
9,
-81,
-36,
-56,
-2,
21,
62,
-17,
48,
-60,
33,
19,
39,
0,
-22,
-38,
10,
29,
-29,
31,
-48,
9,
-6,
-21,
-27,
-48,
10,
-21,
20,
11,
-64,
-3,
13,
-78,
-74,
-48,
4,
45,
-12,
-8,
-59,
17,
-30,
25,
27,
4,
-47,
24,
-4,
-44,
-42,
-17,
11,
4,
0,
22,
-29,
71,
-43,
23,
0,
36,
36,
45,
9,
-3,
12,
-52,
-2,
10,
-25,
1,
38,
48,
20,
-6,
-26,
-64,
8,
-47,
-21,
10,
12,
-11,
-37,
-24,
-14,
48,
-49,
-12,
55,
0,
-7,
3,
-29,
-7,
-18,
22,
17,
-42,
-49,
56,
-55,
-4,
-3,
-56,
-17,
-19,
-26,
-8,
34,
33,
-13,
-32,
1,
9,
44,
-4,
2,
-29,
26,
38,
-12,
-22,
35,
7,
68,
-106,
31,
-80,
32,
-52,
7,
6,
-23,
57,
40,
55,
0,
-46,
-44,
-8,
-19,
52,
-24,
26,
-14,
-34,
-16,
-22,
35,
-41,
0,
46,
31,
26,
50,
-28,
-22,
-44,
-20,
-48,
32,
63,
23,
-56,
-19,
54,
15,
38,
13,
-27,
12,
20,
21,
-56,
56,
-4,
56,
22,
-2,
35,
26,
53,
78,
-3,
11,
80,
-8,
0,
-7,
-12,
-7,
-42,
-65,
-17,
-53,
19,
-8,
-59,
74,
43,
58,
-46,
0,
10,
-62,
-26,
24,
-11,
-81,
17,
-20,
10,
35,
16,
-11,
0,
-34,
32,
-18,
15,
-13,
-8,
-42,
-15,
27,
-35,
-128,
8,
28,
48,
31,
-16,
-24,
16,
-16,
-6,
-30,
30,
9,
42,
24,
20,
-40,
10,
6,
-13,
-7,
-18,
-56,
27,
-45,
36,
2,
80,
-4,
38,
-5,
53,
16,
68,
-30,
-1,
-29,
28,
45,
40,
-35,
33,
-33,
4,
11,
11,
-19,
11,
58,
-26,
-44,
13,
50,
21,
15,
10,
-18,
-43,
-66,
13,
-10,
-8,
-58,
72,
-39,
30,
9,
-25,
-7,
-18,
26,
-10,
28,
0,
-24,
-20,
-64,
-62,
54,
62,
-10,
14,
14,
71,
17,
-19,
30,
22,
-54,
-32
] |
To set aside an order to hold bail, after special bail had been perfected, in an action on the case for fraud.
Denied January 14, 1879.
Held, that the matter was within the discretion of the Court. | [
2,
-43,
-21,
13,
-11,
6,
38,
23,
7,
0,
-1,
9,
17,
-2,
7,
51,
3,
24,
8,
-12,
-1,
0,
-32,
-38,
-38,
-46,
41,
-53,
-15,
-13,
45,
-28,
-20,
10,
-7,
0,
9,
0,
7,
12,
0,
10,
10,
17,
-17,
-79,
-64,
-11,
-22,
-31,
-30,
-6,
2,
1,
1,
32,
0,
-49,
-26,
36,
12,
-55,
32,
30,
-32,
4,
-50,
-13,
-58,
0,
0,
58,
-14,
6,
35,
-17,
14,
-40,
52,
13,
13,
13,
-38,
15,
72,
-44,
-6,
2,
-8,
1,
-33,
-1,
-50,
-69,
-91,
12,
17,
15,
2,
73,
57,
-35,
-13,
6,
26,
50,
8,
9,
-51,
-15,
36,
1,
-14,
-70,
17,
-10,
-66,
28,
30,
-2,
24,
35,
55,
25,
-10,
-47,
10,
14,
24,
-75,
-29,
21,
16,
42,
0,
-6,
17,
26,
-75,
-18,
-7,
20,
-21,
-10,
14,
-51,
95,
2,
31,
31,
-46,
12,
-11,
46,
11,
50,
-35,
-58,
-17,
-19,
7,
-7,
0,
9,
41,
-28,
21,
32,
-2,
33,
12,
52,
-53,
10,
-56,
-7,
-7,
-55,
8,
-19,
1,
38,
-46,
59,
7,
30,
-1,
49,
59,
32,
-39,
28,
8,
8,
28,
-31,
31,
-71,
-2,
22,
13,
51,
-45,
-12,
-3,
-24,
19,
31,
-9,
21,
-78,
-5,
-14,
19,
-1,
18,
15,
-70,
73,
-46,
-8,
80,
23,
72,
-41,
22,
55,
85,
-36,
12,
4,
35,
18,
-47,
38,
5,
32,
-3,
14,
20,
40,
24,
-31,
1,
0,
14,
30,
57,
20,
-89,
-27,
-53,
1,
32,
1,
47,
-23,
-36,
16,
2,
48,
4,
-14,
13,
19,
-9,
10,
25,
26,
-13,
40,
-72,
-1,
-8,
9,
-16,
13,
-46,
10,
25,
-8,
-27,
-6,
4,
0,
-48,
5,
-7,
44,
45,
-8,
5,
21,
0,
-6,
4,
-50,
-21,
10,
-25,
-5,
62,
-28,
53,
-5,
-33,
37,
-12,
-27,
-57,
28,
66,
-48,
3,
-5,
-29,
7,
-36,
-35,
-63,
-21,
-4,
-23,
36,
-8,
13,
-13,
50,
5,
30,
81,
-7,
-27,
-41,
-4,
44,
-9,
18,
41,
25,
-2,
27,
-55,
11,
14,
16,
12,
-35,
-5,
4,
13,
1,
16,
-17,
-1,
26,
-35,
-63,
0,
33,
26,
4,
31,
22,
47,
-32,
-23,
29,
-13,
13,
2,
-6,
-46,
-55,
-26,
34,
-56,
49,
-52,
-47,
-15,
2,
-23,
-20,
44,
36,
-6,
-8,
-11,
6,
47,
70,
-8,
-1,
-35,
-15,
-16,
-35,
-11,
-6,
32,
73,
-46,
13,
-12,
-50,
53,
20,
13,
10,
25,
17,
49,
-9,
-51,
-4,
-22,
-31,
10,
17,
7,
-37,
-10,
-37,
-28,
44,
-10,
-18,
7,
-32,
-5,
11,
9,
3,
-24,
4,
26,
-41,
17,
-24,
-7,
-7,
51,
54,
-3,
-10,
-42,
-39,
-33,
32,
11,
14,
3,
-26,
-2,
-21,
31,
10,
-27,
13,
13,
-8,
-49,
69,
-29,
23,
-74,
-20,
0,
21,
35,
-36,
42,
-54,
-30,
-6,
10,
4,
-14,
-28,
-13,
17,
3,
8,
27,
29,
-3,
-9,
17,
37,
-33,
16,
-26,
-3,
-6,
53,
-14,
-34,
33,
29,
-29,
6,
-53,
8,
18,
8,
66,
-35,
-20,
-1,
26,
-39,
21,
28,
9,
4,
2,
-5,
-27,
19,
12,
5,
-74,
-30,
0,
17,
-33,
-31,
0,
-9,
-6,
8,
3,
-19,
26,
-50,
-10,
20,
5,
1,
18,
12,
2,
6,
31,
-31,
-8,
-42,
-19,
-15,
19,
-9,
50,
25,
-29,
-27,
1,
-28,
25,
-41,
-1,
-6,
-41,
-5,
-31,
-22,
15,
-54,
-12,
53,
50,
-14,
-13,
95,
-3,
-4,
-30,
16,
63,
1,
-13,
22,
-41,
5,
17,
12,
-34,
3,
-39,
15,
6,
3,
40,
-65,
18,
-9,
34,
16,
-44,
12,
-36,
24,
-6,
8,
23,
-41,
-10,
40,
11,
11,
13,
48,
7,
-10,
-10,
-4,
-12,
31,
-31,
10,
23,
-32,
-2,
-22,
-32,
-29,
-22,
43,
44,
24,
-40,
-6,
40,
56,
-30,
46,
2,
66,
-2,
-5,
37,
8,
65,
-65,
-3,
25,
-15,
-52,
30,
17,
7,
52,
22,
-38,
57,
-33,
0,
-20,
41,
1,
11,
-20,
-23,
-24,
0,
68,
-40,
83,
47,
34,
16,
-64,
17,
-3,
1,
-62,
12,
20,
-20,
-32,
-5,
53,
-39,
4,
0,
-36,
-125,
-7,
22,
14,
79,
-26,
22,
65,
59,
-8,
-21,
18,
26,
21,
55,
2,
40,
-24,
-17,
-46,
-6,
-26,
-5,
27,
-40,
25,
17,
-12,
45,
-63,
22,
15,
25,
-34,
42,
-4,
8,
119,
-53,
18,
-9,
-42,
-17,
-30,
10,
-54,
30,
-2,
-2,
14,
-11,
9,
-1,
-14,
-42,
-13,
11,
18,
-23,
30,
-20,
30,
-7,
9,
100,
-55,
-3,
46,
-23,
1,
-41,
19,
21,
-50,
-26,
45,
25,
-27,
9,
17,
-52,
22,
14,
-7,
17,
-41,
36,
-20,
34,
-11,
11,
-14,
-19,
21,
25,
-1,
-13,
15,
40,
-46,
22,
22,
-38,
-45,
33,
-82,
-86,
40,
13,
2,
15,
-69,
-48,
-11,
4,
17,
-16,
2,
-22,
38,
10,
52,
-5,
-57,
-7,
27,
-53,
-17,
-19,
-20,
1,
15,
14,
-12,
9,
23,
26,
-27,
-36,
-16,
-10,
-1,
-5,
58,
0,
6,
93,
-48,
-2,
-67,
18,
-60,
8,
-32,
-54,
-63,
-6,
-10,
33,
-82,
-46,
19,
-9,
-23,
27,
27,
3,
-28,
-66,
-41,
31,
25,
32,
12,
19,
22,
53,
-81,
27,
10,
7,
22,
12,
-2,
15,
-23,
26,
77,
-22,
54,
-3,
-12,
8,
-17,
1,
4,
41,
0,
-50,
-9,
-55,
-69,
13,
14,
20,
10,
-17,
-18,
89,
15,
-36,
-58,
5,
15,
-1,
-31,
-55,
-24,
12,
-60,
36,
21,
13,
-17,
-23,
28,
-13,
-69,
22,
-1,
-27,
32,
-3,
-80,
6,
-41,
5,
-1,
-7,
-19,
-14,
64,
24,
-42,
12,
39,
-66,
19,
-57,
-57,
-22,
-20,
28,
43,
-6,
28,
-93,
5,
-25,
0,
-2,
60,
34,
-58,
-35,
-19,
38,
-19,
11,
-31,
9,
-3,
-16,
18,
-33,
-3,
79,
-3,
73,
79,
28,
14,
-20,
-9,
-8,
-24,
-8,
-73,
-80,
-18,
-33,
-26,
-37,
-25,
45,
-38,
23,
-61,
26,
-29,
29,
70,
0,
49,
-6,
-39,
-64,
9,
-42,
16,
-3,
14,
-35,
54,
40,
51,
62,
-8,
16,
-20,
24,
51,
-25,
-5,
-26,
-18,
-4,
54,
13,
-15,
-49,
45,
60,
-31,
17,
30,
-5,
6
] |
To compel respondent to accept relator’s bond ,and the tax for selling intoxicating liquors, and to issue the statutory receipt and card, on the ground that the proceedings in that county under the local option law are invalid.
The circuit judge denied the writ.
Affirmed February 27, 1894. | [
17,
17,
3,
26,
-31,
11,
51,
27,
-27,
53,
-5,
-35,
6,
36,
58,
56,
22,
2,
1,
1,
1,
-10,
-10,
23,
-32,
-38,
11,
52,
-40,
-5,
18,
4,
-39,
27,
12,
-25,
-62,
-9,
26,
-14,
-41,
28,
-4,
69,
-67,
-52,
-70,
-48,
-25,
4,
-50,
-51,
-16,
28,
19,
46,
-4,
-34,
27,
9,
-34,
-12,
-19,
48,
-40,
-54,
-59,
-3,
9,
-21,
30,
-41,
-25,
9,
8,
19,
-22,
12,
0,
6,
12,
-13,
-19,
18,
-34,
57,
-33,
-5,
66,
-25,
9,
27,
-83,
34,
-11,
39,
-30,
0,
2,
16,
-19,
-38,
2,
-3,
27,
9,
25,
18,
-31,
-24,
-8,
-64,
43,
-56,
-14,
0,
-28,
-29,
-4,
7,
-7,
2,
61,
-3,
-21,
-47,
31,
-45,
-34,
-37,
44,
25,
52,
32,
15,
-5,
6,
34,
-24,
1,
25,
27,
66,
5,
4,
-77,
53,
0,
-71,
53,
11,
12,
-16,
30,
5,
39,
46,
-25,
-4,
-24,
3,
27,
-37,
-25,
42,
-20,
65,
40,
-33,
-19,
5,
41,
23,
-28,
10,
-50,
43,
19,
-16,
-13,
-35,
50,
-29,
14,
71,
1,
19,
-6,
15,
18,
-65,
25,
0,
40,
25,
31,
47,
-24,
-1,
39,
-62,
33,
-16,
33,
-7,
-50,
-12,
7,
-38,
19,
-65,
-14,
-4,
-2,
-26,
1,
-33,
25,
42,
33,
-5,
8,
9,
50,
-57,
-67,
20,
19,
-22,
44,
-15,
28,
11,
2,
34,
-29,
45,
-52,
39,
-4,
-77,
46,
-15,
4,
2,
-34,
-16,
33,
17,
-35,
-36,
5,
-16,
23,
-55,
0,
-16,
2,
18,
-2,
29,
20,
-21,
42,
-45,
-78,
76,
29,
13,
16,
-10,
-2,
14,
17,
47,
26,
11,
-1,
0,
-1,
-3,
5,
30,
55,
-14,
28,
-2,
27,
37,
22,
56,
3,
2,
40,
-1,
-28,
-77,
37,
22,
17,
-13,
-16,
12,
53,
-11,
-63,
23,
-17,
13,
-10,
32,
-24,
-15,
17,
25,
-14,
15,
-55,
-65,
-29,
-9,
-7,
23,
3,
0,
29,
6,
17,
25,
-1,
8,
34,
-15,
-22,
-32,
49,
6,
-30,
-60,
16,
25,
-2,
14,
59,
0,
33,
-14,
37,
21,
13,
-56,
-23,
22,
14,
7,
30,
3,
-7,
8,
48,
-16,
-8,
-30,
1,
45,
-30,
11,
15,
54,
5,
21,
33,
-23,
-31,
-13,
-33,
-41,
17,
-6,
-3,
0,
-62,
32,
9,
36,
-22,
41,
-63,
-45,
-43,
27,
52,
-1,
-33,
8,
-6,
-20,
-65,
2,
-5,
-40,
25,
17,
7,
-55,
0,
4,
14,
13,
-12,
-31,
-23,
-25,
-10,
-9,
30,
35,
1,
46,
-18,
38,
-38,
-20,
20,
6,
-39,
-50,
34,
8,
-1,
-26,
-11,
22,
18,
-6,
-53,
29,
0,
-12,
-17,
-25,
-13,
40,
-6,
5,
-25,
-29,
-58,
-6,
-3,
-25,
9,
-34,
12,
-34,
43,
-35,
52,
11,
-27,
24,
-5,
-36,
25,
49,
15,
-29,
7,
18,
-41,
-33,
21,
10,
-26,
-77,
0,
1,
-21,
-2,
40,
-31,
21,
-37,
5,
52,
-33,
12,
-30,
-44,
-8,
17,
-14,
40,
15,
-12,
17,
-23,
8,
2,
61,
-29,
46,
-54,
12,
-37,
8,
-21,
44,
-33,
-13,
-5,
9,
31,
-2,
12,
6,
-64,
-2,
-32,
-35,
3,
30,
-79,
-31,
-31,
21,
-7,
35,
-11,
42,
4,
6,
34,
-18,
-38,
21,
13,
56,
13,
2,
10,
34,
-3,
9,
7,
54,
-67,
-19,
-29,
-24,
-68,
26,
9,
14,
-14,
-28,
25,
-29,
-40,
-2,
-14,
-12,
-15,
4,
-4,
-33,
16,
3,
-4,
57,
-13,
-19,
-24,
15,
54,
-13,
-70,
-54,
-6,
19,
17,
17,
7,
-23,
4,
-7,
-59,
1,
-57,
-2,
-58,
38,
5,
18,
-24,
-10,
-12,
1,
25,
19,
0,
72,
9,
0,
8,
-53,
7,
13,
-31,
-10,
15,
95,
19,
22,
58,
25,
44,
-1,
-14,
31,
18,
73,
-18,
28,
-24,
-10,
7,
-64,
-12,
67,
-51,
-23,
28,
-2,
-47,
76,
-73,
51,
-18,
-77,
10,
-27,
-42,
-24,
32,
-19,
-2,
19,
-20,
3,
19,
16,
43,
7,
-1,
-25,
-11,
-3,
12,
-21,
3,
23,
-23,
23,
13,
34,
12,
49,
12,
46,
-18,
-68,
-29,
-57,
13,
-23,
36,
21,
-14,
9,
24,
0,
-13,
-10,
15,
-3,
6,
48,
32,
-11,
-8,
5,
5,
10,
-62,
48,
-59,
24,
-48,
-25,
14,
-17,
-6,
36,
2,
-13,
-2,
-30,
-23,
0,
-58,
-11,
3,
49,
58,
-8,
21,
10,
21,
-23,
-27,
-47,
24,
8,
-33,
-23,
-8,
-10,
42,
-7,
-9,
0,
44,
-27,
-12,
16,
-4,
-20,
12,
-1,
-32,
-40,
-17,
10,
18,
15,
-28,
-31,
-40,
2,
25,
-29,
-50,
52,
13,
1,
-18,
-1,
40,
0,
-9,
-22,
-9,
48,
12,
27,
-25,
-29,
50,
74,
24,
-6,
-3,
-51,
5,
27,
19,
-13,
-4,
-7,
15,
-61,
34,
-44,
-21,
-33,
6,
-12,
-6,
-24,
13,
-83,
-9,
30,
0,
16,
45,
47,
29,
-6,
-45,
8,
-34,
7,
42,
60,
-52,
-7,
-27,
-6,
30,
-26,
-3,
-25,
26,
-8,
-18,
14,
-49,
-13,
32,
12,
36,
50,
13,
1,
-5,
45,
-16,
52,
9,
4,
8,
-43,
-11,
-31,
38,
-24,
16,
-15,
4,
-35,
32,
-1,
-23,
-7,
-25,
-10,
-56,
8,
1,
-26,
-27,
0,
-57,
0,
13,
-14,
-44,
44,
29,
26,
9,
-21,
7,
-34,
-40,
-29,
41,
21,
21,
-64,
11,
51,
37,
44,
16,
14,
-16,
-40,
4,
-35,
-9,
11,
33,
-53,
7,
0,
-5,
28,
54,
-6,
7,
50,
38,
-1,
5,
-69,
-32,
-23,
-46,
-3,
-36,
13,
7,
-43,
-11,
6,
4,
5,
22,
0,
3,
-13,
-24,
-48,
-91,
-5,
-34,
-4,
74,
58,
-10,
-15,
-25,
21,
-13,
36,
14,
-11,
-22,
11,
-8,
36,
-40,
-15,
37,
31,
45,
16,
7,
-5,
-5,
-50,
-8,
-12,
-12,
46,
1,
26,
-34,
7,
-1,
0,
-43,
-31,
-41,
44,
-55,
62,
-32,
58,
16,
0,
-14,
63,
14,
60,
-34,
-6,
-3,
27,
61,
2,
-60,
47,
24,
-7,
4,
14,
-19,
3,
41,
-41,
-70,
2,
-13,
57,
-8,
10,
-9,
-51,
1,
-2,
1,
41,
-74,
9,
-38,
14,
16,
-19,
-14,
-34,
43,
-23,
31,
-22,
-1,
-28,
-23,
-12,
63,
-1,
22,
32,
-12,
-18,
-2,
15,
10,
-32,
18,
0
] |
To compel respondent to proceed upon a petition for the condemnation of the rights of a plank road company in certain streets.
Denied Nov. 18, 1892, with costs, on the ground that the act under which such proceedings were attempted is unconstitutional, as having an object not expressed in the title. | [
23,
-22,
-45,
1,
35,
61,
3,
18,
15,
13,
-32,
-11,
-1,
18,
39,
20,
-4,
16,
25,
63,
25,
8,
-5,
-38,
-15,
-35,
67,
-25,
-65,
50,
58,
7,
-29,
64,
0,
-83,
7,
1,
76,
32,
-31,
13,
-55,
-3,
20,
-32,
-4,
-34,
-26,
16,
-65,
-21,
-34,
20,
-5,
27,
0,
-1,
-66,
23,
-28,
15,
9,
28,
-22,
-24,
-33,
-21,
2,
4,
-48,
-4,
-12,
-31,
74,
-7,
0,
-26,
-11,
31,
-2,
29,
16,
-46,
11,
52,
-26,
8,
4,
-3,
-32,
-64,
-48,
27,
4,
52,
-48,
-2,
13,
-44,
41,
44,
23,
22,
17,
-7,
-7,
0,
-25,
-7,
10,
-13,
-16,
-35,
16,
-21,
0,
-16,
16,
-71,
-24,
1,
23,
28,
-23,
-9,
0,
-48,
-40,
18,
32,
49,
58,
1,
29,
-4,
-29,
-20,
-18,
35,
-20,
36,
8,
-2,
-6,
-48,
34,
18,
-46,
13,
26,
53,
15,
-67,
10,
44,
79,
-12,
71,
10,
-13,
57,
-33,
4,
21,
52,
-47,
8,
-43,
36,
-5,
0,
-20,
-13,
3,
-36,
34,
53,
28,
21,
10,
-22,
26,
38,
-37,
-39,
-35,
7,
12,
0,
-3,
-14,
31,
-24,
32,
28,
-28,
-60,
33,
0,
-8,
18,
-54,
-26,
-7,
-12,
-2,
33,
-14,
34,
-29,
29,
-21,
29,
70,
59,
-9,
-53,
42,
20,
-21,
74,
13,
-4,
0,
20,
-5,
13,
11,
27,
0,
-3,
-20,
-14,
-26,
-13,
-7,
-25,
14,
25,
-12,
56,
0,
-40,
-9,
-1,
30,
25,
56,
-32,
33,
-33,
-5,
16,
5,
-8,
-34,
8,
5,
-71,
22,
68,
57,
-53,
21,
0,
-5,
-19,
-1,
32,
-12,
18,
-12,
52,
-26,
39,
6,
20,
-37,
0,
-43,
-28,
18,
5,
-35,
4,
-9,
-1,
26,
-3,
34,
3,
-7,
-2,
-61,
29,
-49,
-9,
-4,
-15,
15,
-48,
21,
19,
36,
-21,
36,
-39,
93,
-9,
0,
-5,
-32,
29,
-18,
64,
55,
-5,
-7,
-33,
3,
-10,
3,
14,
25,
4,
-4,
12,
1,
33,
26,
-20,
-5,
25,
24,
49,
61,
-45,
-43,
20,
19,
44,
5,
-10,
-29,
32,
-49,
-22,
70,
41,
-27,
0,
-37,
-58,
-21,
3,
-59,
25,
-42,
79,
8,
26,
69,
-51,
13,
0,
-35,
28,
12,
-15,
-20,
18,
10,
-23,
19,
-35,
-30,
9,
-49,
-23,
27,
-35,
40,
-19,
67,
32,
18,
10,
0,
-29,
-1,
-33,
18,
22,
5,
0,
-8,
20,
21,
13,
-57,
9,
-28,
6,
-12,
-17,
52,
55,
0,
4,
-9,
16,
1,
19,
-17,
11,
-12,
-41,
49,
1,
-14,
-39,
9,
30,
11,
-38,
-17,
-1,
-4,
4,
-48,
-17,
29,
-25,
-42,
4,
5,
-46,
27,
-74,
-30,
41,
37,
19,
-64,
-50,
-40,
-2,
-36,
-32,
-15,
9,
-49,
-25,
19,
-9,
14,
66,
59,
-15,
-22,
25,
33,
3,
45,
4,
-53,
7,
24,
6,
18,
76,
8,
-56,
-34,
-33,
41,
18,
-13,
15,
-20,
19,
1,
10,
21,
-40,
13,
19,
2,
-32,
13,
29,
35,
3,
34,
19,
-20,
-12,
25,
80,
0,
14,
-73,
12,
-32,
26,
-11,
35,
37,
6,
-2,
-23,
41,
5,
14,
51,
-69,
-24,
-5,
-55,
-36,
5,
-43,
-30,
14,
10,
13,
-24,
-8,
0,
47,
-27,
-15,
11,
-71,
-29,
-16,
47,
0,
40,
-14,
-3,
-10,
1,
3,
-31,
-3,
39,
22,
-32,
-61,
22,
8,
1,
-8,
-25,
-50,
-41,
-32,
14,
-33,
-40,
-1,
-56,
-58,
-17,
38,
0,
-38,
33,
-8,
24,
-17,
-3,
-42,
28,
-9,
-16,
51,
10,
2,
-26,
-65,
-88,
12,
-26,
-47,
30,
-60,
0,
-76,
12,
0,
-45,
-32,
5,
-13,
50,
21,
8,
-35,
34,
15,
-19,
-53,
-14,
1,
-23,
-8,
13,
13,
-38,
-15,
23,
43,
37,
33,
7,
54,
-50,
-11,
54,
-26,
-2,
-32,
-33,
-3,
47,
-11,
57,
-46,
46,
-21,
23,
-3,
4,
-11,
57,
42,
-33,
-33,
0,
-59,
-31,
-36,
-6,
13,
52,
-11,
28,
-50,
42,
30,
-23,
-15,
40,
-1,
-3,
8,
23,
6,
-60,
0,
-25,
7,
-1,
-22,
12,
19,
43,
-40,
7,
0,
-29,
3,
-48,
0,
62,
30,
25,
0,
-36,
14,
-36,
-4,
-21,
29,
59,
-1,
3,
65,
-35,
31,
18,
-18,
24,
-65,
51,
41,
17,
-4,
21,
32,
46,
19,
-39,
-32,
-18,
-2,
-22,
-3,
-12,
24,
-12,
28,
7,
-28,
8,
84,
-27,
58,
-31,
-8,
19,
-38,
15,
-1,
-34,
35,
0,
-17,
0,
55,
-38,
-26,
-11,
-13,
-4,
81,
-76,
-9,
-17,
-24,
-2,
14,
-26,
-65,
11,
-42,
25,
18,
-58,
-36,
13,
24,
-58,
-48,
-38,
0,
-15,
-8,
-32,
-11,
18,
-18,
29,
-46,
-21,
19,
47,
-7,
17,
3,
-79,
1,
-26,
-12,
41,
57,
30,
-34,
-20,
10,
27,
-4,
-7,
15,
-21,
18,
-73,
47,
14,
-59,
36,
-50,
30,
18,
-2,
-4,
-17,
-7,
-10,
-28,
27,
-7,
-21,
-48,
15,
-57,
1,
-27,
-55,
-90,
-11,
2,
-34,
7,
57,
15,
-22,
0,
6,
13,
6,
45,
-25,
61,
1,
20,
-40,
98,
-44,
-15,
-22,
0,
-55,
12,
44,
15,
-10,
-80,
-9,
22,
-2,
29,
-2,
-52,
-8,
-30,
3,
-41,
30,
-19,
18,
-35,
13,
28,
9,
-17,
3,
58,
27,
3,
23,
6,
-22,
-38,
-60,
41,
22,
40,
-8,
9,
-12,
53,
2,
14,
-28,
4,
37,
13,
-33,
26,
42,
-41,
-12,
-37,
16,
26,
37,
32,
-38,
28,
47,
4,
-3,
-19,
-18,
2,
-12,
-28,
-34,
-2,
42,
-7,
-32,
42,
8,
47,
-10,
8,
4,
-27,
-6,
-13,
-40,
-50,
-18,
-16,
1,
44,
55,
-48,
1,
-61,
-27,
-30,
45,
11,
-31,
5,
-18,
8,
18,
0,
-14,
25,
-12,
-4,
34,
-2,
-14,
-6,
-43,
-25,
1,
-1,
35,
45,
-17,
5,
-2,
33,
-5,
-5,
10,
-21,
21,
-27,
11,
26,
23,
14,
13,
-31,
28,
31,
22,
-7,
-2,
-63,
83,
0,
25,
-47,
46,
-38,
-53,
-28,
-1,
29,
-23,
56,
26,
-56,
26,
-4,
-7,
-10,
-11,
-11,
-5,
-32,
-24,
-4,
3,
-78,
76,
-50,
57,
-29,
5,
27,
-10,
19,
41,
40,
-42,
36,
-30,
-79,
-7,
29,
47,
42,
30,
-34,
11,
36,
-30,
15,
-23,
-29,
19
] |
To compel respondent to proceed with the hearing of a proceeding for contempt.
Order to show cause denied November 24, 1893.
The charge made was that respondent, in the contempt proceedings, had spirited away a witness, in a case heard by the respondent herein. The circuit judge had granted a new trial because of the alleged misconduct, and had in so doing criticised severely the conduct complained of. On the return of the order to show cause counsel for the party charged, moved the court that the proceeding be sent to another court for determination, or that another jiidge be called in, or that the hearing be deferred until respondent’s successor-elect should take his seat.
The court thereupon postponed the hearing in accordance with the last suggestion. | [
9,
-46,
-8,
57,
-9,
8,
-8,
-7,
-57,
12,
10,
-51,
12,
-31,
33,
15,
10,
-33,
25,
-39,
-32,
6,
40,
3,
-13,
-11,
-1,
-52,
-64,
-73,
6,
-8,
-55,
0,
14,
-74,
-23,
-18,
24,
-7,
-18,
-28,
-15,
9,
-20,
-26,
-73,
8,
-66,
46,
4,
-17,
-53,
37,
1,
-36,
-23,
-8,
27,
-35,
-31,
26,
-33,
13,
-15,
21,
-44,
-67,
-69,
50,
-21,
-7,
33,
16,
35,
-24,
9,
-35,
1,
38,
80,
53,
-2,
54,
39,
23,
-15,
11,
-19,
33,
-31,
-8,
-70,
-5,
-26,
-24,
0,
17,
26,
10,
5,
-28,
-36,
-53,
0,
19,
-1,
34,
-30,
-28,
18,
-41,
25,
-55,
-9,
28,
-44,
-18,
-21,
-39,
26,
-2,
1,
-1,
-19,
22,
38,
-39,
-10,
-9,
-14,
21,
70,
-9,
19,
4,
6,
-2,
-34,
-16,
37,
19,
20,
-14,
-7,
18,
0,
55,
-29,
0,
8,
28,
-13,
35,
-27,
52,
75,
-67,
44,
16,
31,
42,
-51,
-29,
32,
-8,
-18,
9,
46,
21,
1,
40,
-7,
11,
-30,
-31,
3,
39,
3,
-5,
0,
37,
-5,
-16,
41,
16,
-11,
32,
10,
3,
-5,
4,
7,
23,
81,
10,
1,
-29,
45,
-41,
-46,
54,
-93,
-17,
19,
25,
6,
-7,
-1,
29,
-45,
61,
-17,
-31,
11,
-38,
46,
-10,
-4,
42,
-15,
41,
23,
20,
-78,
-41,
50,
54,
-29,
58,
-13,
18,
9,
-6,
28,
3,
8,
-36,
39,
17,
-20,
10,
20,
7,
34,
22,
24,
65,
-10,
-63,
23,
43,
54,
10,
-4,
30,
-42,
7,
-13,
-34,
51,
34,
8,
-1,
3,
-21,
-6,
21,
47,
-17,
28,
8,
3,
14,
-8,
24,
-9,
11,
-42,
11,
-19,
23,
-31,
28,
-29,
-15,
-20,
-25,
10,
32,
-30,
-39,
-19,
4,
8,
31,
-47,
36,
22,
-68,
6,
-3,
1,
18,
-49,
0,
16,
-18,
-19,
0,
8,
29,
-54,
-1,
11,
66,
-11,
-24,
-95,
-32,
12,
-18,
-27,
-49,
-6,
50,
23,
56,
55,
18,
-10,
29,
-26,
-23,
19,
40,
-14,
33,
-23,
50,
-7,
-14,
-39,
-5,
4,
7,
42,
-55,
5,
13,
0,
-24,
7,
-11,
-35,
-11,
-64,
-54,
2,
43,
11,
-52,
2,
13,
42,
-5,
5,
-14,
-34,
30,
-26,
-57,
-5,
-56,
-51,
-14,
0,
27,
-43,
21,
-28,
-54,
-23,
6,
9,
9,
6,
58,
-8,
-8,
72,
6,
2,
-27,
0,
28,
-41,
10,
-13,
39,
0,
9,
-29,
15,
-24,
-24,
-15,
-7,
73,
13,
87,
-2,
8,
49,
26,
-4,
0,
25,
36,
-19,
-14,
-61,
24,
9,
2,
14,
22,
-32,
11,
4,
1,
-43,
31,
62,
5,
72,
-27,
-2,
-40,
12,
22,
-16,
-4,
55,
13,
-1,
13,
-27,
-25,
4,
5,
7,
17,
-8,
-2,
2,
10,
100,
38,
32,
-36,
-33,
-60,
24,
-16,
56,
-4,
33,
10,
70,
0,
-19,
26,
-7,
-35,
3,
-12,
-33,
-25,
-9,
-32,
21,
21,
-9,
-16,
3,
1,
26,
25,
8,
-59,
54,
-28,
35,
3,
-10,
-22,
-34,
-30,
23,
-18,
32,
-2,
-9,
31,
-36,
66,
20,
3,
-44,
-22,
36,
32,
-7,
59,
53,
-42,
-29,
-40,
-33,
-29,
3,
11,
-35,
4,
3,
-56,
-14,
-19,
32,
56,
0,
22,
31,
1,
10,
-26,
-15,
21,
41,
-16,
33,
46,
-9,
36,
-1,
-41,
-3,
29,
29,
35,
25,
50,
-22,
-18,
11,
-4,
17,
19,
-23,
-1,
-6,
-20,
7,
-48,
15,
1,
-31,
16,
52,
30,
29,
6,
56,
48,
36,
-53,
20,
24,
-10,
-28,
-53,
-50,
-15,
40,
-42,
-19,
-65,
-15,
-17,
-85,
18,
26,
-9,
-22,
10,
-20,
-31,
6,
46,
-23,
-7,
-45,
13,
8,
56,
19,
40,
-14,
33,
18,
-4,
-3,
-14,
-6,
7,
-47,
9,
7,
-4,
-49,
10,
8,
-17,
-50,
-70,
3,
-15,
24,
-26,
-24,
-1,
15,
16,
-17,
0,
28,
32,
-48,
16,
-6,
43,
-56,
-62,
-17,
-5,
-15,
0,
-30,
-10,
6,
21,
18,
-28,
9,
-1,
15,
25,
42,
4,
-7,
-47,
-1,
-25,
-30,
-16,
-1,
49,
-7,
0,
-21,
1,
15,
56,
1,
-2,
-1,
31,
-18,
9,
-25,
-11,
9,
11,
-10,
4,
-5,
69,
-14,
29,
10,
-71,
56,
2,
13,
-6,
-15,
-22,
21,
-9,
-13,
-19,
14,
1,
17,
-49,
-13,
-2,
41,
46,
-7,
16,
-18,
22,
64,
-49,
29,
-4,
43,
-20,
75,
27,
23,
95,
-42,
57,
7,
2,
53,
-50,
15,
30,
-6,
-12,
-46,
51,
1,
-45,
20,
7,
2,
-8,
-39,
-24,
-10,
9,
-16,
-21,
-32,
-33,
59,
-80,
-15,
30,
-30,
25,
-14,
11,
31,
-5,
8,
29,
24,
-36,
-43,
15,
33,
-7,
6,
13,
-15,
-52,
62,
-33,
6,
32,
-23,
1,
3,
-21,
3,
-78,
-44,
26,
74,
-40,
38,
22,
-47,
-16,
84,
-56,
-78,
34,
-18,
-49,
-34,
-75,
-8,
11,
-3,
22,
39,
23,
-43,
22,
4,
36,
-14,
-42,
28,
-15,
-53,
-53,
-36,
-37,
-12,
20,
-1,
-33,
-7,
34,
39,
44,
31,
-3,
-11,
-3,
28,
-7,
26,
-78,
69,
-16,
-28,
-16,
26,
15,
24,
20,
-46,
12,
-35,
-21,
5,
0,
-52,
17,
-22,
31,
10,
36,
-71,
8,
-72,
-22,
-3,
-51,
37,
22,
-12,
49,
16,
-39,
17,
0,
-10,
-15,
46,
-44,
72,
-44,
-7,
-18,
-41,
39,
-4,
18,
2,
-16,
17,
-33,
25,
10,
37,
-42,
-38,
-37,
-16,
41,
16,
18,
28,
4,
-7,
27,
8,
-26,
-51,
22,
-22,
1,
35,
-31,
29,
-64,
-40,
43,
-45,
45,
31,
16,
-40,
-13,
44,
1,
-20,
9,
39,
-22,
61,
7,
29,
23,
-54,
-23,
14,
-10,
32,
-12,
40,
33,
-28,
-33,
18,
-31,
-39,
-17,
3,
33,
-14,
-30,
-20,
-29,
3,
15,
-14,
13,
11,
32,
30,
-36,
-63,
-22,
16,
32,
0,
-5,
24,
-34,
16,
7,
45,
-44,
6,
36,
-70,
58,
-26,
58,
-2,
9,
11,
0,
-30,
26,
-3,
-38,
-51,
52,
-8,
-31,
-17,
-41,
-16,
47,
-27,
-33,
-1,
-33,
5,
-9,
-30,
19,
-55,
72,
-54,
-43,
3,
37,
-6,
43,
12,
20,
26,
2,
2,
-9,
-22,
0,
-6,
-22,
14,
4,
-23,
-7,
-38,
-31,
27,
-49,
7,
0,
-3,
27
] |
When a justice of the peace has once rendered judgment in a cause he has no power to vacate the same, or set it aside, or to render a new judgment; and if he attempt this, though it be done in obedience to a writ of mandamus from the Circuit Court, the new judgment, so attempted to be rendered, -will be a mere nullity, and the prior judgment will remain in full force. While mandamus may issue to compel a justice, if he refuses, to proceed and enter up a judgment in a proper case for a judgment to be rendered, it will not lie to compel him to vacate or change a judgment he has already rendered, and which is subject to be reviewed by certiorari or on appeal. Mandamus will not lie to review irregularities in the judicial action of an inferior tribunal where the party has another adequate remedy. | [
-1,
9,
-1,
28,
18,
14,
8,
14,
-33,
41,
26,
-27,
19,
1,
-28,
-46,
-32,
23,
0,
11,
-27,
-33,
-1,
-17,
32,
11,
8,
64,
-14,
-12,
-23,
-17,
-4,
40,
-22,
-41,
-2,
17,
54,
-15,
0,
0,
-9,
24,
-40,
-40,
-64,
12,
-19,
3,
-18,
-15,
0,
3,
-25,
9,
-44,
-7,
-32,
5,
-68,
29,
-65,
9,
-47,
57,
-19,
-53,
29,
-31,
-7,
-5,
49,
4,
28,
19,
21,
-7,
-9,
-43,
9,
-8,
-39,
52,
-16,
-6,
-1,
0,
34,
-38,
-8,
-24,
-34,
-41,
-41,
6,
2,
-22,
30,
16,
-58,
-9,
21,
2,
39,
-40,
-33,
-24,
-39,
-60,
16,
-7,
27,
-57,
25,
-45,
-63,
-2,
-1,
-71,
11,
-34,
-12,
14,
-24,
46,
45,
-39,
-11,
-8,
-7,
-23,
-14,
3,
7,
-60,
-2,
40,
-24,
-58,
64,
-52,
50,
-38,
-1,
-32,
45,
13,
-46,
49,
29,
33,
4,
-1,
10,
-36,
-44,
-48,
18,
-18,
18,
66,
-57,
3,
7,
11,
-11,
-22,
28,
18,
-30,
43,
-26,
9,
14,
0,
-28,
-13,
-27,
0,
-22,
62,
20,
82,
33,
12,
-10,
35,
13,
-48,
-43,
18,
47,
35,
68,
13,
-69,
2,
14,
-16,
-27,
-17,
-51,
-17,
-11,
-25,
-21,
-68,
-6,
39,
-63,
27,
-9,
-33,
-10,
-6,
48,
11,
40,
23,
-11,
29,
-5,
7,
13,
1,
0,
19,
5,
36,
-31,
55,
16,
0,
27,
-3,
23,
17,
13,
1,
-10,
88,
12,
27,
11,
-2,
20,
17,
26,
8,
-36,
-23,
9,
5,
17,
-27,
-15,
-33,
-10,
-23,
46,
69,
-20,
-4,
0,
-37,
5,
27,
-15,
-22,
34,
5,
35,
-73,
-3,
31,
-41,
0,
-12,
11,
-12,
39,
-27,
15,
-39,
28,
-24,
23,
-3,
-5,
-12,
-21,
-52,
77,
-4,
30,
19,
38,
-24,
3,
46,
-36,
-5,
70,
11,
-40,
-38,
-1,
-17,
-24,
-5,
14,
-27,
40,
-27,
0,
-15,
0,
4,
-31,
-1,
-22,
28,
-20,
-42,
10,
42,
-21,
-24,
52,
57,
29,
27,
-8,
82,
26,
59,
42,
-4,
31,
-11,
6,
-9,
-40,
-5,
-19,
10,
8,
-18,
6,
32,
21,
-29,
13,
13,
-73,
-48,
-68,
22,
9,
-6,
9,
-6,
-22,
16,
13,
-14,
47,
-7,
0,
30,
-54,
-14,
-32,
-19,
-4,
18,
-17,
-62,
11,
-66,
-30,
-18,
11,
10,
-7,
-37,
33,
-40,
-24,
-20,
-16,
-32,
2,
-6,
27,
-15,
29,
1,
12,
-66,
6,
2,
25,
-19,
52,
-21,
11,
18,
43,
78,
26,
-7,
10,
2,
-30,
30,
46,
4,
-12,
-17,
-30,
-3,
-14,
-7,
-20,
-9,
-12,
24,
19,
-5,
-46,
42,
7,
-37,
27,
1,
-91,
-7,
-10,
-19,
-4,
-16,
-27,
-8,
-1,
7,
-40,
-15,
50,
15,
44,
13,
-36,
0,
1,
15,
7,
11,
-2,
49,
-37,
-69,
34,
33,
-14,
-37,
47,
18,
-44,
-18,
-12,
-48,
27,
-22,
4,
14,
7,
52,
-47,
24,
45,
-8,
0,
21,
31,
-39,
-11,
23,
-16,
-25,
17,
16,
-1,
40,
-19,
0,
-21,
-32,
55,
22,
77,
-74,
-18,
12,
16,
52,
-24,
-10,
42,
-12,
32,
47,
14,
62,
33,
34,
-13,
-49,
35,
38,
-92,
-21,
-21,
-41,
49,
-75,
-13,
-17,
8,
27,
5,
4,
-1,
-7,
81,
22,
-24,
16,
-46,
-16,
1,
-5,
85,
-3,
12,
-3,
-31,
16,
43,
-20,
7,
43,
-8,
-37,
25,
-22,
-19,
28,
-38,
48,
-63,
40,
12,
-26,
91,
19,
5,
-73,
25,
8,
0,
-20,
52,
-23,
-45,
-4,
15,
-6,
-14,
-35,
35,
-21,
-11,
42,
-9,
-41,
-26,
32,
-32,
-28,
16,
33,
-50,
-41,
43,
-21,
-8,
41,
48,
-45,
32,
-38,
19,
27,
9,
105,
5,
-26,
17,
40,
24,
0,
-46,
-6,
10,
-22,
0,
-23,
53,
-9,
8,
0,
-66,
31,
-56,
109,
-35,
-40,
-64,
-55,
6,
22,
1,
-33,
-23,
-43,
12,
-12,
21,
-46,
11,
13,
-80,
29,
40,
-31,
-10,
18,
39,
0,
42,
11,
0,
68,
17,
20,
27,
28,
-42,
66,
-82,
-37,
27,
-34,
94,
-11,
61,
-1,
33,
68,
-64,
30,
14,
11,
15,
44,
-40,
18,
-19,
-90,
24,
-16,
-6,
-22,
-29,
-36,
27,
1,
4,
7,
-4,
41,
30,
113,
20,
28,
39,
21,
-16,
-13,
10,
45,
20,
-52,
-56,
52,
-3,
10,
-44,
-50,
4,
-34,
49,
12,
-32,
58,
-32,
33,
-31,
28,
-33,
-10,
39,
-4,
19,
27,
54,
4,
-11,
-7,
-15,
-13,
30,
0,
23,
46,
14,
-3,
-12,
10,
5,
50,
-12,
-39,
67,
-19,
-9,
-24,
7,
57,
0,
45,
-6,
-51,
13,
3,
33,
30,
-34,
8,
-8,
12,
59,
9,
13,
-15,
-46,
-15,
44,
25,
-56,
68,
-13,
39,
-3,
26,
-3,
16,
4,
-37,
14,
0,
64,
40,
-77,
-8,
-52,
-47,
28,
39,
-28,
-66,
21,
47,
-3,
54,
-57,
0,
-47,
33,
30,
5,
11,
-5,
4,
-23,
27,
-2,
-16,
76,
-21,
30,
20,
-33,
-21,
-23,
1,
6,
-19,
8,
0,
24,
-39,
-64,
36,
16,
-70,
-25,
23,
36,
-52,
0,
45,
25,
-42,
-81,
9,
10,
-35,
-22,
-58,
-9,
4,
-44,
-13,
-28,
10,
-58,
49,
-9,
56,
4,
-10,
-9,
-14,
53,
-77,
10,
-6,
-27,
69,
-14,
-17,
24,
-28,
0,
53,
20,
-28,
11,
1,
-6,
-22,
17,
44,
24,
-46,
-21,
34,
-9,
13,
-69,
25,
-66,
26,
-26,
-30,
-4,
71,
45,
-12,
28,
40,
-4,
12,
-19,
-50,
-14,
-56,
24,
-58,
16,
20,
35,
-21,
6,
8,
10,
41,
-11,
3,
-45,
0,
32,
47,
-14,
-53,
34,
-30,
37,
44,
-21,
0,
-25,
1,
-19,
-25,
-35,
-46,
-41,
3,
-14,
4,
32,
-65,
19,
0,
13,
7,
4,
-27,
-26,
-20,
-55,
-31,
-35,
7,
-37,
5,
-47,
-18,
-2,
-16,
-52,
31,
8,
-30,
36,
-3,
0,
-20,
78,
-10,
3,
21,
-61,
15,
-57,
27,
8,
-10,
51,
-20,
-9,
-2,
16,
-19,
9,
25,
-31,
-10,
19,
-8,
-6,
16,
-7,
17,
-16,
-54,
32,
0,
0,
-23,
-51,
8,
-55,
-4,
5,
48,
-3,
25,
27,
-69,
24,
-14,
10,
16,
-20,
-25,
-16,
-1,
64,
31,
-29,
2,
4,
-15,
-9,
54,
28,
20,
-5,
32
] |
To compel a treasurer to deliver over to alleged successor, books, moneys, etc., in a case where the Board of Directors elected to serve from and after January 1, met before January 1, and assumed to elect said successor.
Denied February 1, 1893, with costs. | [
69,
-50,
9,
-14,
36,
57,
46,
29,
14,
-38,
29,
-63,
18,
55,
-11,
81,
27,
55,
-1,
-78,
62,
-39,
-22,
-16,
-17,
-16,
24,
-17,
-16,
18,
14,
-22,
-41,
-15,
11,
-9,
-65,
4,
-1,
-31,
-9,
32,
-28,
48,
-20,
-15,
-41,
-23,
-41,
-5,
-7,
-19,
-10,
22,
54,
85,
42,
-48,
-12,
12,
-24,
-41,
45,
11,
13,
-12,
-40,
-11,
-12,
33,
-35,
-10,
12,
21,
83,
-19,
-5,
-35,
-11,
56,
61,
-10,
-16,
-15,
-13,
28,
-54,
22,
-24,
1,
-50,
-27,
-26,
28,
-12,
73,
-38,
54,
32,
-31,
8,
-27,
17,
-25,
-4,
-61,
40,
24,
-6,
22,
-51,
-35,
-4,
-2,
-11,
42,
-20,
-14,
4,
-28,
8,
13,
25,
-8,
15,
29,
13,
-16,
-31,
-18,
-21,
45,
-38,
35,
-24,
-9,
28,
-30,
-23,
-12,
-1,
35,
-3,
-6,
-89,
-29,
30,
31,
-33,
1,
-27,
-1,
12,
15,
-13,
28,
27,
-36,
53,
-51,
-17,
23,
4,
-17,
-12,
50,
-21,
9,
-37,
26,
21,
37,
-38,
-15,
-20,
11,
23,
46,
46,
-4,
21,
16,
38,
61,
58,
21,
51,
23,
79,
1,
-21,
-3,
10,
77,
3,
10,
49,
-42,
57,
29,
3,
0,
-97,
-6,
28,
-32,
36,
-21,
-54,
13,
-27,
9,
-28,
31,
-14,
5,
-28,
-7,
47,
-11,
-15,
74,
30,
60,
-32,
22,
52,
31,
-14,
64,
37,
33,
2,
-5,
60,
-9,
-9,
14,
-3,
-24,
-27,
-25,
-22,
25,
1,
-29,
-13,
27,
2,
9,
11,
30,
31,
19,
-30,
25,
-37,
31,
-20,
-92,
-12,
29,
20,
-8,
5,
-38,
6,
37,
-13,
-23,
56,
-28,
21,
10,
13,
-4,
5,
-38,
-12,
-4,
-45,
-28,
-1,
2,
-23,
-34,
-30,
-3,
2,
9,
-9,
49,
59,
31,
21,
30,
-53,
31,
20,
-85,
-94,
-10,
0,
31,
51,
-19,
-37,
-103,
27,
-62,
60,
9,
-75,
-9,
16,
3,
-17,
-15,
-65,
5,
22,
-49,
13,
31,
57,
24,
5,
34,
23,
25,
-31,
-28,
-66,
-29,
15,
12,
79,
-57,
40,
18,
-21,
11,
32,
-2,
18,
-29,
31,
-47,
9,
11,
-20,
-6,
-14,
-1,
14,
53,
-9,
10,
-38,
86,
19,
-26,
9,
-10,
21,
-13,
-45,
41,
41,
33,
23,
-29,
-24,
-69,
-14,
44,
-66,
23,
-8,
-15,
-37,
-10,
2,
-10,
36,
8,
19,
17,
22,
-3,
54,
47,
-21,
-26,
-8,
-51,
-66,
28,
-23,
2,
-59,
42,
-4,
30,
37,
-54,
-9,
-21,
21,
9,
7,
2,
29,
-51,
-46,
-32,
32,
-20,
104,
33,
32,
-35,
-57,
28,
-14,
-66,
-40,
37,
-40,
15,
-79,
28,
41,
-15,
-23,
2,
21,
-56,
44,
-59,
51,
-11,
51,
56,
-13,
0,
-8,
-41,
-10,
64,
-20,
-3,
-50,
-32,
39,
-35,
15,
36,
-1,
1,
-31,
-26,
-14,
23,
-4,
83,
-21,
-1,
31,
43,
-75,
12,
-46,
-51,
-51,
12,
31,
-21,
-20,
26,
-22,
52,
-21,
13,
-33,
-79,
33,
-17,
-25,
-17,
32,
11,
7,
80,
18,
21,
-43,
-15,
11,
34,
-11,
26,
44,
23,
-40,
1,
36,
-73,
-23,
-27,
-7,
-68,
24,
27,
33,
41,
-50,
30,
32,
61,
22,
26,
-94,
7,
-17,
39,
4,
11,
14,
0,
-51,
-33,
-4,
78,
-6,
-25,
-38,
48,
-22,
28,
-38,
29,
-22,
30,
18,
26,
-41,
25,
28,
-43,
-13,
-2,
6,
-5,
-10,
-16,
108,
-21,
26,
3,
-47,
-12,
-22,
-74,
-31,
-14,
-49,
33,
-26,
-14,
46,
-42,
-62,
92,
6,
4,
19,
-35,
43,
-23,
16,
-20,
1,
-46,
29,
0,
-44,
-2,
-57,
8,
-45,
-8,
-33,
33,
25,
45,
-16,
30,
16,
5,
-51,
19,
-21,
-54,
-56,
-23,
-41,
1,
-18,
0,
-20,
-16,
67,
-4,
-31,
3,
-31,
0,
22,
-34,
4,
57,
44,
-29,
-2,
-20,
12,
-24,
8,
34,
8,
31,
-15,
28,
-39,
-27,
12,
-21,
-6,
-21,
23,
-15,
-22,
-48,
9,
2,
-30,
37,
47,
36,
5,
-10,
5,
17,
-46,
55,
-8,
-5,
46,
2,
-7,
-24,
-25,
7,
11,
21,
-10,
45,
57,
-19,
-21,
-36,
-10,
-12,
-26,
-14,
-2,
7,
-29,
3,
-10,
48,
5,
39,
-19,
-9,
-6,
2,
-18,
-58,
67,
-63,
22,
67,
32,
-6,
-53,
-6,
62,
3,
12,
-10,
-21,
35,
-6,
-54,
-49,
-2,
-5,
-11,
-42,
-28,
-15,
-3,
62,
-27,
25,
18,
40,
-40,
7,
-45,
38,
66,
-49,
83,
60,
-40,
15,
-87,
-45,
11,
-17,
8,
-29,
27,
10,
23,
50,
-47,
21,
16,
32,
0,
-68,
10,
-48,
-23,
-57,
1,
35,
-35,
-4,
67,
-35,
-4,
-29,
-5,
54,
2,
-45,
-12,
30,
37,
-5,
-8,
-39,
19,
-18,
-43,
-2,
-12,
30,
-3,
9,
-50,
20,
-4,
65,
18,
48,
-56,
-19,
35,
67,
-82,
35,
35,
-36,
5,
24,
-86,
3,
38,
-32,
9,
34,
-35,
11,
-59,
-85,
8,
-23,
-2,
7,
12,
-11,
45,
-54,
-23,
25,
4,
-53,
0,
18,
4,
23,
40,
-26,
-44,
-27,
-9,
20,
-1,
-31,
21,
6,
50,
-63,
70,
28,
-12,
0,
-55,
-16,
-55,
8,
1,
9,
-22,
-56,
-16,
-48,
-18,
0,
-23,
-80,
33,
-52,
-20,
17,
-61,
-39,
4,
-33,
30,
22,
-52,
31,
72,
-3,
57,
7,
20,
-9,
3,
-52,
0,
43,
9,
-2,
-21,
22,
-11,
24,
52,
67,
21,
3,
-23,
-24,
28,
16,
25,
10,
-15,
-2,
-5,
46,
33,
-34,
-52,
-25,
-3,
41,
-39,
31,
-37,
-17,
51,
-10,
33,
-39,
-4,
-4,
-37,
35,
0,
-8,
-6,
-20,
13,
-10,
-33,
2,
-81,
46,
-16,
-20,
10,
51,
27,
-48,
-31,
20,
0,
46,
12,
46,
-51,
49,
24,
8,
19,
44,
-12,
-18,
-10,
31,
35,
24,
-43,
-23,
-87,
-17,
30,
11,
12,
36,
-19,
-18,
-8,
-1,
4,
30,
33,
10,
8,
-19,
6,
30,
-17,
37,
17,
39,
-15,
-12,
-13,
-16,
38,
0,
19,
-21,
-14,
-32,
66,
7,
-80,
14,
26,
53,
-32,
-10,
45,
-17,
23,
7,
-4,
6,
24,
17,
-57,
16,
-17,
0,
9,
-36,
-2,
18,
8,
31,
-41,
-3,
-25,
-46,
8,
19,
14,
15,
20,
-14,
-1,
-22,
14,
29,
-7,
50,
41,
32,
-18,
-8,
-77,
-29,
23
] |
To compel respondent to issue a citation in a drain matter for the appointment of three special commissioners.
Granted February 25, 1891, without costs.
Relator, as county drain commissioner, on the IStli of July, 1890, applied to respondent for the appointment of commissioners, under Act No. 227 of the Laws of 1885. Objection was made to the service of notice, and further, that the application did not show the amount of land originally taken for the drain, irrespective of the amount of land used. The Probate Court, at the hearing on August 19, dismissed the application for want of due service.
On January 23, 1891, petitioner presented a néw application remedying the defects in the first, except that he did not state the amount of land originally taken. The probate judge denied the application, holding that the statute gave no power to amend; that this was in effect an amendment of the application, and that said application should set forth the land originally taken. | [
0,
-9,
15,
-50,
2,
20,
13,
24,
-1,
35,
30,
-89,
45,
47,
-3,
20,
34,
-16,
21,
-11,
-28,
0,
-21,
74,
10,
49,
0,
-16,
-4,
-67,
-23,
5,
-66,
9,
8,
-51,
-31,
-23,
27,
-16,
4,
-6,
14,
-55,
-29,
46,
15,
7,
-41,
-37,
-18,
21,
-35,
62,
-14,
15,
-6,
-34,
-17,
-10,
-34,
28,
-22,
69,
-2,
119,
-37,
25,
46,
8,
6,
-41,
22,
-4,
56,
35,
13,
-20,
-8,
-1,
-39,
80,
-9,
-20,
-5,
-8,
-35,
-19,
74,
-1,
-15,
-4,
25,
64,
-4,
-6,
-17,
5,
12,
-5,
26,
9,
24,
26,
0,
-33,
-7,
9,
-11,
-5,
71,
-5,
13,
-8,
-47,
6,
0,
-27,
15,
-17,
-47,
-3,
7,
-11,
-59,
-29,
-35,
-21,
-16,
48,
-56,
-17,
38,
-51,
57,
10,
12,
-43,
-26,
-2,
-27,
23,
13,
-10,
1,
32,
23,
7,
3,
33,
20,
20,
45,
46,
22,
20,
55,
-44,
32,
13,
27,
54,
17,
-47,
-50,
34,
-11,
-14,
-38,
-24,
59,
83,
36,
3,
-13,
-98,
44,
12,
5,
5,
15,
-10,
35,
-11,
34,
-33,
-20,
10,
-19,
0,
1,
-38,
45,
5,
-10,
25,
-9,
-7,
36,
25,
-4,
-2,
-4,
-10,
-3,
11,
-30,
53,
-10,
-8,
0,
-2,
-53,
1,
24,
5,
50,
8,
-4,
9,
26,
32,
47,
-8,
-29,
38,
0,
24,
-12,
33,
44,
-21,
28,
15,
13,
12,
-27,
56,
-32,
0,
24,
46,
4,
-24,
-6,
-11,
-2,
15,
-28,
25,
10,
-22,
0,
41,
-17,
27,
-8,
17,
27,
-27,
27,
-22,
30,
3,
-58,
-44,
-16,
8,
31,
-15,
-29,
0,
43,
-6,
-14,
-25,
-48,
7,
-4,
20,
20,
-22,
-17,
-39,
-31,
33,
-42,
25,
-45,
63,
-18,
47,
2,
-5,
30,
34,
23,
-8,
28,
-43,
-21,
-30,
-20,
-10,
67,
15,
2,
-13,
19,
9,
88,
15,
0,
32,
-45,
4,
1,
15,
-4,
-5,
0,
-5,
-13,
-7,
-34,
-19,
33,
69,
47,
26,
-53,
-46,
-36,
9,
75,
0,
15,
-11,
-68,
-8,
51,
-7,
-44,
25,
34,
-9,
-39,
-43,
4,
34,
-3,
23,
-22,
22,
14,
-31,
20,
-48,
5,
53,
36,
11,
-58,
-82,
2,
-13,
-12,
-53,
20,
-20,
-2,
23,
-18,
28,
47,
-3,
17,
22,
-1,
-16,
-23,
22,
-26,
42,
38,
0,
-12,
0,
-32,
36,
35,
27,
-35,
-37,
21,
63,
-2,
-1,
-30,
1,
-3,
30,
-18,
50,
-2,
57,
-50,
-30,
32,
19,
61,
-33,
46,
10,
18,
3,
-12,
-63,
78,
12,
-4,
-18,
-31,
4,
-9,
-35,
46,
16,
18,
-1,
-10,
20,
43,
-13,
13,
8,
-36,
-27,
-16,
3,
-12,
40,
25,
16,
-39,
2,
17,
1,
-2,
-8,
27,
45,
-39,
-9,
41,
26,
-9,
26,
53,
-31,
-13,
29,
-10,
-14,
-38,
5,
-28,
22,
-5,
21,
-28,
78,
27,
-17,
3,
6,
53,
5,
-2,
-16,
30,
-61,
-28,
-28,
-9,
-40,
-9,
15,
-31,
-41,
-2,
-13,
-35,
-14,
13,
-19,
4,
-25,
-36,
55,
15,
41,
-38,
-25,
-3,
0,
-31,
42,
22,
14,
-5,
-16,
19,
-3,
21,
36,
-9,
-71,
-46,
-23,
-11,
-8,
-89,
-69,
-3,
39,
-15,
50,
36,
-2,
48,
-47,
-43,
0,
-64,
-7,
-54,
44,
-35,
-9,
28,
43,
28,
32,
-19,
29,
-5,
-6,
-21,
-73,
-57,
-8,
-13,
16,
-79,
-20,
-20,
-73,
-29,
14,
47,
-9,
-12,
-57,
-47,
-7,
48,
-10,
-2,
0,
26,
-28,
-5,
-10,
41,
26,
-41,
-63,
14,
49,
-37,
-25,
5,
-43,
51,
26,
-46,
6,
12,
11,
-56,
19,
-42,
6,
-2,
10,
6,
9,
-29,
-12,
-13,
64,
-2,
1,
33,
-22,
8,
-5,
23,
-28,
-21,
-17,
3,
60,
15,
30,
67,
-3,
13,
-55,
-36,
-27,
20,
-14,
-20,
-50,
27,
15,
-39,
29,
11,
5,
-31,
40,
-1,
12,
-12,
11,
36,
32,
17,
-37,
-85,
-32,
-36,
-37,
33,
-13,
19,
-14,
9,
22,
7,
-41,
2,
1,
-20,
-10,
14,
58,
16,
-9,
15,
-10,
12,
-6,
17,
13,
0,
-25,
13,
-11,
-20,
-6,
-10,
-7,
20,
58,
-10,
-1,
22,
-47,
-17,
-24,
29,
24,
35,
55,
12,
-5,
29,
-3,
-18,
16,
15,
3,
9,
23,
-21,
4,
45,
4,
38,
19,
-24,
-23,
-19,
17,
-18,
-17,
-31,
0,
29,
-4,
8,
7,
7,
-4,
10,
0,
35,
8,
-37,
17,
-44,
63,
-38,
8,
-2,
-10,
-26,
13,
25,
-40,
-13,
-4,
-8,
-24,
41,
-18,
24,
-18,
0,
11,
0,
-6,
-35,
-3,
-82,
47,
-28,
-63,
-42,
-11,
-26,
9,
-40,
2,
-5,
1,
-23,
-3,
-14,
44,
-4,
-1,
42,
-2,
-11,
57,
-5,
25,
19,
-67,
20,
-4,
-16,
0,
37,
-22,
-13,
-11,
22,
-16,
14,
-51,
3,
-27,
13,
-42,
-16,
-26,
-42,
-52,
-34,
-9,
12,
-17,
-8,
11,
-5,
4,
-33,
29,
-23,
1,
0,
31,
-92,
5,
-45,
22,
-40,
6,
4,
-38,
7,
43,
-38,
-25,
3,
32,
55,
7,
-64,
24,
69,
18,
-19,
46,
20,
8,
-26,
38,
-45,
-27,
34,
33,
-10,
-10,
-29,
-18,
2,
-57,
-57,
24,
-41,
40,
-38,
27,
-20,
-5,
-16,
29,
18,
-9,
13,
-12,
-8,
-33,
43,
28,
59,
-27,
-5,
-7,
40,
-15,
-6,
9,
25,
-40,
-57,
-12,
28,
15,
-8,
-8,
12,
-28,
-4,
-18,
7,
-8,
-17,
-17,
-55,
40,
5,
76,
7,
11,
8,
69,
35,
-16,
15,
7,
-19,
37,
-61,
3,
-10,
7,
-65,
-69,
-24,
10,
24,
-5,
18,
-35,
-31,
-65,
-49,
-84,
32,
-48,
-2,
42,
42,
16,
-20,
-54,
-31,
-32,
25,
31,
-2,
1,
20,
-45,
-10,
11,
47,
42,
7,
-30,
-41,
-44,
-14,
-36,
31,
38,
-28,
-4,
20,
16,
-3,
9,
-22,
-2,
49,
-33,
36,
0,
26,
-3,
-25,
16,
-6,
55,
3,
23,
6,
-3,
20,
-24,
-39,
47,
9,
-8,
-42,
23,
1,
-11,
18,
-50,
-26,
-27,
0,
-10,
18,
10,
-39,
58,
2,
-84,
1,
0,
30,
-46,
56,
-7,
26,
3,
-95,
44,
37,
-6,
7,
43,
-42,
6,
9,
-10,
33,
26,
16,
-23,
-38,
-21,
-13,
20,
-16,
3,
40,
-7,
0,
-41,
32,
-62,
-60,
-22
] |
To compel vacation of order dismissing an appeal.
Order to show cause denied June 18, 1891. | [
-48,
-42,
11,
45,
12,
44,
22,
-7,
12,
17,
-13,
-36,
-12,
-22,
27,
5,
6,
-16,
11,
41,
0,
53,
31,
-19,
-21,
-15,
32,
-26,
-53,
-75,
11,
-58,
-22,
14,
9,
-69,
13,
-13,
35,
-28,
-6,
-1,
-14,
4,
-30,
-43,
-9,
-7,
-24,
35,
-4,
-22,
-47,
29,
-52,
28,
15,
-39,
-19,
23,
-30,
-4,
10,
32,
-17,
82,
-38,
-19,
-50,
23,
-23,
-16,
36,
15,
-13,
8,
-7,
46,
-1,
48,
38,
61,
-34,
-12,
2,
23,
15,
71,
33,
0,
-54,
-25,
-82,
-40,
-18,
11,
-40,
18,
14,
-17,
64,
29,
-32,
23,
11,
-19,
11,
21,
-79,
-46,
54,
15,
7,
-12,
4,
-28,
-49,
17,
-44,
-18,
-29,
17,
52,
39,
9,
36,
23,
-17,
28,
8,
-66,
12,
76,
44,
35,
19,
24,
-18,
-61,
-83,
0,
47,
47,
17,
-9,
35,
13,
15,
-7,
-7,
38,
-4,
-19,
65,
-22,
100,
42,
-25,
41,
38,
-16,
60,
-7,
-27,
58,
-67,
-11,
-7,
14,
-22,
7,
74,
5,
-31,
-6,
-6,
28,
0,
22,
7,
-51,
41,
-24,
-24,
5,
-35,
-37,
12,
22,
-2,
-23,
-62,
40,
70,
28,
-7,
15,
-56,
74,
-1,
-18,
25,
-25,
-4,
14,
-38,
-22,
9,
8,
78,
-83,
57,
30,
-30,
44,
22,
8,
5,
-5,
74,
61,
56,
19,
30,
-13,
13,
19,
38,
24,
73,
-12,
19,
25,
-5,
45,
8,
-1,
36,
43,
-24,
-37,
-11,
10,
-64,
-39,
-13,
-30,
15,
11,
-34,
80,
33,
61,
-7,
-17,
8,
-34,
-28,
0,
1,
10,
-27,
41,
-9,
-22,
2,
-32,
11,
91,
-7,
9,
0,
-6,
21,
7,
-22,
-13,
-17,
24,
-37,
-41,
-3,
-53,
17,
-45,
-22,
84,
-40,
-1,
13,
-51,
46,
-13,
71,
11,
-35,
-29,
65,
-3,
-33,
-3,
-31,
16,
36,
-24,
36,
-24,
-73,
52,
-48,
6,
7,
27,
-42,
-40,
44,
-20,
10,
-52,
-21,
-8,
36,
-33,
37,
-76,
45,
-2,
27,
77,
39,
-25,
0,
-81,
26,
-5,
54,
4,
0,
-21,
4,
5,
23,
-2,
-25,
-46,
31,
2,
-10,
63,
23,
-48,
41,
33,
-37,
-13,
41,
-66,
-76,
-51,
89,
14,
-61,
16,
-6,
80,
13,
-2,
19,
13,
-42,
-71,
20,
-32,
-71,
31,
-26,
24,
44,
-38,
-6,
4,
-32,
12,
-14,
8,
52,
61,
-8,
16,
-24,
49,
-8,
21,
-22,
-15,
63,
21,
-42,
-26,
12,
-69,
5,
14,
-30,
4,
-20,
0,
13,
-13,
21,
37,
-18,
37,
19,
-1,
-12,
3,
29,
68,
-20,
8,
-64,
-17,
56,
19,
-11,
-20,
12,
36,
18,
0,
22,
39,
-21,
-58,
30,
35,
-51,
-35,
-11,
-2,
-4,
22,
42,
-57,
-25,
3,
-50,
-27,
-6,
9,
4,
1,
0,
-26,
-24,
8,
79,
-3,
17,
-14,
-4,
-52,
67,
-52,
33,
-76,
12,
28,
45,
-11,
-19,
51,
-24,
-48,
-2,
-14,
-9,
-2,
-58,
-39,
-38,
16,
21,
45,
44,
27,
42,
4,
-53,
-17,
0,
-10,
-33,
-63,
28,
-65,
-35,
-39,
27,
-37,
-8,
-10,
0,
45,
-24,
21,
14,
32,
-7,
-26,
-12,
-10,
27,
37,
-27,
-59,
-23,
-10,
-26,
-69,
34,
-11,
-59,
-12,
-17,
-34,
-4,
-12,
37,
18,
5,
10,
4,
-56,
-6,
14,
-31,
10,
24,
31,
-26,
-18,
-31,
59,
19,
-26,
-2,
58,
-18,
-15,
5,
6,
-16,
-55,
-55,
-14,
-7,
8,
1,
14,
-42,
-12,
-35,
-91,
-9,
-4,
55,
-31,
29,
15,
0,
-16,
57,
46,
67,
-15,
1,
49,
34,
-5,
-3,
-49,
-64,
26,
-6,
5,
-7,
-10,
-1,
-16,
3,
-14,
48,
11,
-10,
10,
9,
9,
32,
-22,
47,
-16,
48,
-11,
15,
12,
28,
5,
-9,
-3,
-15,
-18,
-12,
2,
0,
26,
31,
37,
-11,
-23,
-30,
-17,
-12,
-34,
-16,
25,
10,
14,
-13,
-29,
9,
15,
-5,
12,
66,
8,
31,
-9,
-33,
-35,
52,
-15,
-32,
-74,
5,
22,
-30,
-6,
-10,
16,
45,
8,
-43,
23,
50,
34,
-43,
17,
36,
-28,
-15,
-4,
-30,
-27,
-24,
-13,
54,
-3,
-24,
5,
67,
25,
-14,
-29,
0,
13,
35,
-35,
11,
-2,
-25,
30,
-7,
-23,
65,
45,
78,
-4,
22,
8,
1,
26,
33,
42,
-8,
-57,
9,
34,
-31,
15,
-11,
12,
22,
-19,
-32,
-25,
-18,
22,
53,
-49,
26,
-1,
-35,
82,
-49,
28,
-2,
2,
-23,
20,
-37,
0,
85,
-54,
11,
-19,
-8,
33,
22,
-4,
-2,
27,
-46,
-55,
44,
-80,
-12,
38,
-22,
-44,
1,
1,
0,
13,
38,
-39,
-17,
-16,
-42,
-5,
-53,
-10,
34,
-3,
-34,
-51,
2,
25,
-7,
11,
-17,
11,
24,
-61,
46,
-1,
0,
3,
46,
9,
-51,
72,
-71,
-4,
-32,
-27,
45,
34,
-10,
-14,
-54,
-60,
22,
54,
-38,
4,
50,
-5,
-7,
17,
-44,
-58,
-57,
-22,
-46,
-10,
-106,
-12,
6,
-12,
-62,
-9,
49,
-4,
28,
-2,
-4,
-26,
-29,
-44,
-28,
-46,
-19,
-26,
-50,
-41,
18,
-2,
-29,
4,
20,
6,
89,
35,
-49,
4,
1,
60,
-32,
45,
-29,
21,
-51,
-26,
-27,
18,
-18,
62,
7,
-88,
-12,
4,
-31,
-20,
-8,
-23,
25,
-45,
13,
-5,
20,
-66,
40,
-34,
-31,
41,
-27,
29,
28,
-5,
13,
32,
-19,
35,
15,
26,
-8,
34,
38,
74,
-101,
38,
20,
-21,
39,
2,
-53,
-3,
-31,
14,
-62,
43,
-5,
36,
-44,
-12,
11,
20,
24,
6,
-15,
18,
71,
11,
45,
-8,
-28,
7,
46,
-57,
-9,
39,
0,
-6,
-28,
-4,
3,
-14,
-13,
19,
36,
-14,
-65,
56,
-36,
-54,
-5,
14,
-18,
36,
0,
24,
28,
4,
-11,
-29,
-6,
51,
-48,
9,
-31,
-8,
-1,
-17,
-18,
6,
-61,
51,
-28,
13,
-25,
10,
-11,
-29,
16,
10,
59,
108,
40,
-10,
-23,
-26,
2,
19,
-48,
11,
-19,
13,
4,
-2,
25,
29,
37,
-18,
67,
20,
1,
-30,
0,
-7,
56,
-9,
-1,
-55,
47,
25,
-39,
1,
33,
0,
-86,
0,
-73,
4,
38,
-64,
13,
-26,
19,
-7,
-37,
-36,
-11,
-24,
35,
-61,
-14,
-28,
74,
-46,
29,
54,
34,
28,
-12,
-14,
5,
-46,
45,
5,
-9,
5,
12,
-31,
-18,
22,
-1,
39,
30,
18,
3,
-26,
2
] |
To compel respondent to quash a writ of replevin and dismiss the proceedings, for the reason that the affidavit stated that the property had not been taken for “any taxes or fine, levied,” etc., omitting the word “assessment.”
Denied May 4, 1894, without costs.
The circuit judge permitted an amendment and the court held that the matter was ivithin the discretion of the circuit judge. Baker vs. Dubois, 32 Mich., 92. | [
-6,
16,
-10,
-18,
-27,
29,
64,
-24,
-10,
16,
13,
-59,
11,
-15,
3,
31,
3,
16,
-11,
21,
-48,
-21,
20,
-7,
-3,
-38,
30,
-18,
-10,
36,
11,
-19,
-46,
63,
1,
-34,
-49,
0,
25,
12,
-46,
9,
-41,
-2,
-20,
4,
-42,
0,
-30,
4,
-25,
-58,
-25,
18,
-4,
12,
-11,
-37,
-38,
-2,
-40,
20,
-20,
10,
-11,
-25,
-17,
0,
3,
-46,
-10,
-41,
-5,
-31,
0,
-36,
-13,
51,
-62,
13,
1,
14,
-23,
-31,
23,
0,
27,
-13,
41,
-4,
-22,
0,
-51,
4,
-11,
15,
19,
18,
69,
-37,
-18,
-10,
25,
19,
40,
-17,
-3,
54,
-32,
-6,
24,
-37,
-2,
-30,
13,
-10,
-30,
-32,
0,
-34,
9,
-54,
28,
20,
-30,
-6,
-11,
4,
-12,
1,
6,
44,
32,
-13,
35,
-50,
46,
12,
-26,
6,
-10,
-8,
0,
-39,
32,
-15,
13,
-13,
-35,
4,
6,
42,
-24,
22,
-14,
19,
18,
-23,
3,
-2,
21,
28,
-64,
-6,
19,
30,
22,
3,
-27,
-43,
-1,
-4,
0,
-7,
-7,
8,
26,
29,
10,
-19,
9,
22,
-9,
-7,
4,
-14,
28,
-12,
8,
-11,
-34,
-18,
20,
-10,
22,
-2,
-4,
20,
7,
21,
-18,
46,
-30,
20,
-13,
-46,
24,
11,
-31,
68,
-66,
14,
13,
8,
-21,
24,
48,
10,
24,
27,
4,
30,
-10,
1,
-48,
16,
27,
44,
-1,
62,
2,
16,
-17,
-56,
-4,
18,
51,
-13,
15,
-14,
-23,
37,
49,
-14,
-29,
5,
-6,
26,
18,
19,
2,
-12,
-16,
39,
8,
14,
6,
0,
1,
-20,
15,
37,
8,
-48,
11,
-12,
32,
12,
3,
-27,
11,
10,
-8,
24,
49,
4,
-42,
-31,
-6,
-19,
-30,
-4,
-28,
38,
-93,
22,
29,
48,
24,
40,
-4,
-33,
-43,
22,
-14,
11,
-21,
11,
13,
-17,
22,
-32,
-14,
25,
2,
-84,
19,
-5,
65,
11,
34,
70,
-22,
37,
-9,
-10,
12,
-30,
-52,
-1,
-12,
1,
-24,
-3,
-2,
17,
14,
17,
35,
34,
11,
-14,
-15,
19,
-9,
13,
16,
-52,
21,
-23,
28,
18,
29,
-40,
8,
48,
-80,
18,
-9,
45,
28,
-19,
-4,
-7,
10,
-27,
21,
23,
10,
11,
-6,
1,
25,
-54,
3,
22,
-47,
-23,
49,
19,
-20,
7,
-59,
-7,
16,
24,
7,
-41,
-31,
-2,
-28,
-47,
-25,
-7,
37,
-39,
34,
-42,
-5,
-17,
-25,
9,
15,
-18,
8,
5,
33,
-11,
-51,
1,
-15,
28,
-6,
15,
-17,
-42,
-3,
15,
3,
23,
27,
-17,
35,
-11,
19,
6,
30,
-15,
69,
40,
-1,
-1,
-54,
1,
-20,
-7,
0,
-4,
5,
0,
-12,
-35,
50,
-18,
-6,
12,
-16,
-31,
-24,
26,
-26,
27,
-17,
-38,
-20,
-14,
-48,
32,
6,
-14,
-45,
-19,
-27,
-54,
-18,
11,
18,
-17,
8,
-47,
-6,
-6,
-64,
5,
22,
-21,
-60,
8,
21,
39,
9,
14,
-22,
-49,
-18,
35,
-6,
-22,
-20,
55,
21,
1,
-10,
7,
35,
27,
-56,
13,
-8,
31,
1,
29,
40,
-10,
-4,
2,
2,
-15,
39,
81,
-6,
31,
-28,
-46,
21,
2,
16,
9,
21,
45,
-10,
-3,
48,
16,
-1,
-12,
-7,
-2,
31,
23,
-21,
-22,
-82,
-34,
-4,
33,
8,
12,
-28,
86,
59,
18,
-4,
-7,
-46,
-30,
31,
-23,
28,
36,
45,
15,
10,
2,
-39,
20,
-24,
-1,
-23,
-7,
-59,
-51,
20,
20,
-58,
-22,
-13,
-63,
0,
-32,
15,
10,
47,
-21,
0,
5,
24,
-22,
-54,
47,
-29,
-37,
-2,
-27,
6,
-20,
-4,
-28,
-1,
32,
23,
57,
-28,
-71,
59,
37,
-64,
-19,
-14,
3,
-60,
-15,
-5,
-11,
-32,
-2,
-46,
16,
32,
-1,
20,
63,
-43,
10,
-1,
0,
1,
-23,
-22,
-34,
37,
22,
14,
32,
45,
73,
20,
0,
1,
3,
-10,
14,
6,
-59,
-7,
-43,
7,
-32,
-18,
-42,
27,
-4,
23,
46,
-27,
20,
-3,
-4,
26,
-49,
0,
-25,
-22,
35,
9,
1,
20,
-35,
-1,
20,
44,
14,
32,
-15,
14,
5,
10,
-28,
44,
-46,
27,
0,
20,
41,
13,
38,
-3,
-12,
49,
7,
3,
-55,
15,
8,
3,
-3,
14,
71,
47,
19,
-5,
5,
-15,
39,
-42,
-73,
-9,
43,
34,
-4,
22,
12,
33,
-16,
21,
11,
-50,
32,
-24,
13,
8,
-2,
65,
-18,
-17,
-38,
29,
-11,
-23,
-5,
-37,
0,
-31,
10,
17,
-6,
13,
36,
49,
-42,
28,
-26,
26,
16,
-13,
-20,
24,
-16,
18,
13,
12,
10,
14,
-1,
22,
15,
15,
10,
39,
-20,
-11,
3,
-22,
40,
-29,
-1,
19,
12,
-16,
80,
40,
2,
-11,
82,
-58,
3,
-3,
27,
59,
-19,
-3,
30,
-59,
27,
-28,
-7,
-36,
-33,
46,
78,
-38,
9,
3,
-57,
4,
0,
-71,
14,
-7,
-37,
41,
-31,
-37,
-2,
-21,
-25,
44,
-28,
-29,
-15,
9,
-29,
-73,
20,
24,
10,
-12,
-8,
39,
3,
-44,
22,
-29,
13,
-12,
55,
-53,
35,
-21,
1,
25,
-55,
-34,
-58,
19,
-55,
2,
30,
8,
-60,
19,
40,
-19,
7,
22,
-18,
17,
38,
0,
17,
-10,
-55,
26,
10,
-14,
-33,
-33,
12,
2,
-20,
-13,
-80,
-12,
12,
-33,
-19,
-6,
2,
-14,
16,
-6,
56,
-8,
32,
-20,
-27,
29,
40,
-64,
-4,
67,
38,
-30,
-2,
25,
17,
10,
-13,
17,
0,
23,
-5,
12,
51,
50,
10,
29,
19,
-17,
-37,
13,
-1,
-21,
-14,
-24,
23,
-24,
-26,
-15,
-20,
8,
18,
33,
48,
17,
12,
-21,
-66,
-8,
-20,
-41,
-17,
-8,
26,
46,
-6,
0,
8,
24,
20,
-19,
2,
-13,
-47,
14,
-16,
-58,
-27,
-16,
-16,
62,
59,
-4,
-54,
-43,
-29,
6,
39,
-28,
-6,
-11,
39,
15,
5,
3,
-32,
47,
4,
9,
61,
-4,
-4,
-4,
-62,
-13,
-17,
-30,
23,
51,
6,
-8,
-29,
60,
21,
2,
-7,
11,
-9,
-21,
4,
6,
-22,
-29,
-20,
-43,
19,
27,
4,
2,
28,
-44,
16,
22,
-3,
-15,
31,
-14,
52,
-17,
17,
-14,
-29,
-25,
-12,
-32,
-10,
-6,
13,
-16,
-47,
52,
-15,
-13,
-2,
-24,
36,
-24,
-32,
-13,
28,
-18,
1,
4,
-23,
2,
-34,
60,
-46,
-47,
-9,
-53,
26,
-30,
58,
22,
38,
-43,
9,
47,
-37,
21,
22,
20,
9
] |
To vacate an order setting aside a declaration for breach of covenant, filed in an action commenced by summons in a plea of trespass on the case.
Granted April 16, 1873. | [
-91,
-8,
-15,
43,
-15,
58,
4,
39,
45,
4,
-18,
53,
-46,
-28,
-24,
-4,
8,
8,
-27,
23,
-2,
22,
-17,
-107,
73,
10,
37,
-43,
-64,
-40,
-30,
-3,
-25,
4,
-5,
-70,
3,
-12,
45,
40,
-17,
29,
-26,
-20,
0,
-44,
-9,
22,
0,
-4,
28,
-29,
4,
10,
-45,
-27,
-19,
-13,
-28,
25,
-26,
8,
-13,
43,
-53,
49,
-2,
-8,
12,
-3,
-14,
-3,
-23,
26,
22,
-13,
35,
-9,
56,
-40,
34,
31,
-8,
-12,
2,
-1,
16,
61,
10,
1,
-8,
7,
3,
-4,
-48,
42,
4,
65,
-26,
-59,
12,
-65,
24,
8,
39,
-23,
25,
21,
-37,
-68,
26,
-58,
39,
-48,
11,
70,
-54,
-14,
0,
-48,
-3,
-1,
14,
0,
-12,
-33,
9,
-11,
31,
45,
-30,
31,
-56,
-4,
59,
-38,
62,
-9,
-10,
-7,
-19,
-26,
48,
16,
3,
-46,
23,
33,
-21,
-40,
-17,
11,
-4,
47,
-30,
18,
-3,
-38,
1,
-6,
1,
6,
2,
-27,
10,
-6,
-26,
39,
8,
14,
52,
-20,
-16,
-12,
-41,
-44,
16,
36,
-45,
93,
17,
-19,
-49,
0,
67,
1,
-66,
19,
-4,
-4,
22,
-9,
5,
0,
18,
-33,
-7,
-15,
-21,
-18,
26,
-2,
-29,
-12,
-44,
-16,
48,
15,
32,
35,
-4,
-24,
-51,
4,
3,
-14,
12,
-19,
-9,
27,
-47,
13,
-50,
-1,
-67,
-32,
20,
42,
-21,
18,
2,
48,
-2,
-5,
32,
-12,
11,
22,
0,
62,
47,
5,
24,
-15,
1,
-4,
-1,
18,
7,
-47,
0,
-27,
-14,
35,
52,
22,
-60,
-5,
11,
30,
3,
9,
26,
3,
-42,
-26,
10,
-89,
24,
-9,
18,
3,
23,
72,
34,
52,
-14,
20,
16,
-36,
-36,
-47,
-22,
33,
-22,
15,
44,
-13,
8,
11,
-48,
-49,
42,
52,
-35,
43,
-50,
-8,
20,
-13,
22,
-19,
-57,
-15,
-15,
-43,
-13,
-54,
44,
-21,
-16,
-1,
-27,
-17,
-11,
5,
7,
-12,
-63,
-39,
15,
15,
-17,
38,
-55,
18,
19,
25,
70,
31,
59,
6,
2,
0,
-55,
80,
-28,
-11,
1,
-13,
46,
-41,
-75,
-41,
3,
-5,
36,
-48,
15,
39,
-40,
0,
-56,
-9,
13,
3,
-57,
-12,
-26,
4,
32,
-4,
4,
-54,
58,
-1,
-15,
-3,
1,
1,
-36,
-7,
-28,
-12,
-39,
56,
26,
-49,
-42,
38,
-6,
-51,
-40,
-24,
-14,
87,
-67,
14,
-33,
24,
-6,
11,
34,
-8,
46,
6,
48,
8,
-22,
-9,
-3,
3,
-30,
60,
-25,
7,
-25,
-7,
24,
42,
23,
38,
0,
51,
37,
-26,
3,
27,
76,
15,
-22,
-51,
26,
12,
-50,
12,
-1,
-31,
16,
-5,
13,
18,
54,
15,
10,
26,
-1,
-60,
0,
20,
28,
-1,
30,
38,
33,
15,
-36,
16,
16,
1,
12,
6,
14,
0,
11,
-38,
47,
25,
-47,
1,
51,
17,
-71,
-16,
-40,
42,
-55,
-11,
-30,
53,
-21,
1,
100,
29,
-36,
-38,
11,
-4,
-41,
12,
3,
-11,
-19,
-8,
21,
16,
32,
8,
22,
51,
-22,
-1,
17,
46,
29,
1,
-31,
-66,
-17,
69,
-20,
56,
-36,
39,
45,
-11,
1,
-24,
10,
-8,
13,
8,
-20,
29,
35,
43,
44,
12,
-18,
13,
-3,
-35,
11,
-1,
52,
27,
32,
15,
-14,
7,
51,
4,
5,
18,
-42,
11,
-10,
-14,
0,
-61,
10,
36,
76,
-17,
-23,
23,
-57,
18,
6,
-15,
-45,
6,
-13,
2,
-31,
9,
-41,
-34,
7,
11,
42,
-59,
17,
-65,
-67,
35,
-4,
-53,
-53,
65,
-50,
6,
4,
27,
23,
27,
-58,
-26,
66,
-45,
-56,
-17,
-43,
33,
40,
6,
-84,
-21,
-16,
5,
-31,
54,
-4,
-76,
28,
-2,
-67,
36,
-5,
28,
-28,
15,
-3,
4,
30,
-6,
9,
26,
-25,
-12,
47,
20,
-19,
26,
-3,
15,
61,
57,
-13,
10,
-16,
-41,
-1,
-10,
17,
-57,
-3,
24,
3,
2,
-17,
35,
25,
5,
51,
92,
54,
15,
23,
28,
-49,
5,
-15,
-26,
-87,
26,
18,
-96,
38,
24,
-16,
45,
18,
-26,
81,
21,
12,
-31,
67,
-29,
5,
-33,
-21,
3,
43,
22,
8,
30,
23,
36,
-33,
-18,
-21,
44,
-6,
32,
18,
62,
-27,
-44,
-12,
4,
-45,
-23,
-36,
-65,
6,
1,
24,
29,
66,
-14,
-13,
3,
55,
14,
11,
27,
42,
28,
-20,
13,
48,
14,
-8,
-17,
-48,
12,
-53,
31,
-38,
-26,
-9,
-18,
36,
-36,
1,
12,
-32,
-30,
52,
20,
-21,
27,
35,
51,
38,
17,
26,
-38,
-4,
-19,
-17,
-27,
33,
-3,
-9,
-10,
-3,
26,
-29,
-47,
-54,
48,
33,
67,
-18,
40,
-8,
0,
36,
-76,
-53,
50,
11,
-40,
-62,
-19,
13,
15,
-5,
12,
6,
17,
0,
14,
-24,
1,
33,
-22,
-16,
-8,
45,
-23,
-44,
-6,
-30,
10,
-13,
30,
15,
-65,
-18,
13,
33,
-30,
31,
30,
0,
-36,
59,
-34,
0,
-41,
15,
-17,
-29,
-61,
-30,
-10,
-56,
-25,
21,
74,
-11,
-2,
-30,
37,
-3,
-12,
-10,
-5,
-10,
-79,
-30,
-26,
62,
35,
10,
-5,
0,
39,
-29,
17,
-8,
16,
-8,
-16,
32,
0,
13,
-14,
46,
37,
-18,
-91,
41,
-5,
34,
-3,
-15,
-31,
12,
-8,
-4,
-13,
-18,
12,
13,
18,
13,
21,
-5,
-28,
-69,
-76,
19,
-52,
-1,
-4,
9,
26,
-1,
-79,
-30,
-1,
-11,
3,
27,
-26,
0,
26,
6,
35,
18,
45,
11,
-51,
25,
26,
10,
8,
-31,
-54,
-6,
36,
11,
-27,
-33,
18,
29,
-17,
16,
60,
13,
48,
5,
-56,
-18,
10,
24,
-36,
16,
31,
-14,
-24,
25,
-18,
-33,
-24,
29,
35,
-26,
-10,
41,
19,
-23,
12,
6,
12,
56,
-39,
10,
-41,
-2,
-5,
0,
38,
49,
-45,
-6,
30,
-54,
-7,
47,
-66,
-9,
-73,
20,
91,
13,
-4,
-34,
1,
-16,
-2,
26,
-10,
25,
-14,
-4,
-5,
-3,
-28,
9,
22,
36,
-28,
-35,
4,
-4,
12,
47,
-64,
0,
43,
-1,
-10,
0,
-13,
2,
-14,
-77,
66,
-66,
29,
-30,
-41,
-24,
32,
46,
-43,
-6,
-46,
4,
32,
50,
28,
35,
-88,
59,
33,
-36,
-37,
19,
5,
-23,
-37,
-16,
1,
-80,
0,
1,
-24,
-22,
12,
-4,
-19,
-32,
0,
9,
-27,
34,
19,
-27,
6,
-33,
24,
54,
-57,
27,
-3,
-23,
43
] |
To quash capias ad respondendum in an action for slander on the ground of the insufficiency of the affidavit.
Denied Oct. 4, 1894.
The affidavit alleged that relator said in a public speech before divers citizens of Ironwood, of and-concerning affiant, who was then the president of the Metropolitan Land Co., a corporation, that affiant and another officer “were robbing the men (employes) and robbing the company;” that affiant and another officer “charged the men more for powder used than it was worth and put the difference in their pockets, thus robbing the men and robbing the company.”
Relator insisted that the words are not actionable per se, and as no special damage is alleged, no complete cause of action is set forth in the affidavit. | [
28,
-19,
16,
65,
35,
-1,
0,
-15,
36,
-4,
25,
-22,
22,
9,
-16,
30,
55,
57,
77,
-14,
17,
-62,
-21,
-9,
0,
-53,
0,
-36,
-16,
12,
12,
23,
-40,
-31,
13,
-32,
-10,
-9,
-8,
-24,
-56,
10,
53,
45,
-4,
-10,
-43,
-25,
-82,
-5,
29,
-29,
10,
23,
-14,
-30,
13,
-1,
40,
16,
45,
-35,
-50,
-16,
-19,
-41,
-48,
3,
10,
45,
18,
22,
34,
-15,
46,
-76,
-2,
-41,
23,
16,
-51,
1,
23,
0,
-6,
15,
-32,
6,
1,
-19,
-3,
-16,
-36,
31,
-44,
31,
-10,
18,
8,
28,
-1,
24,
6,
20,
-2,
10,
-3,
1,
41,
33,
-13,
16,
12,
-36,
0,
-6,
3,
-16,
73,
-46,
-2,
-35,
56,
33,
-15,
2,
34,
-6,
-47,
36,
20,
14,
29,
39,
10,
-17,
23,
0,
-20,
17,
-9,
52,
-19,
-25,
-13,
22,
36,
-5,
28,
14,
-37,
0,
12,
-27,
-2,
6,
53,
-46,
-20,
-43,
7,
7,
-85,
-8,
22,
-21,
7,
-19,
0,
-43,
41,
40,
-34,
82,
-14,
14,
-49,
7,
7,
6,
40,
45,
-11,
5,
58,
-34,
-1,
-30,
45,
-15,
-10,
11,
35,
26,
32,
-4,
-37,
-35,
56,
-29,
29,
-3,
-59,
-3,
-4,
42,
-24,
-9,
15,
32,
18,
4,
-60,
-25,
25,
-22,
-29,
6,
66,
16,
-43,
-6,
-37,
68,
10,
-34,
23,
55,
-14,
7,
11,
-31,
-22,
-36,
-8,
-31,
7,
-14,
11,
9,
-33,
59,
-3,
11,
12,
7,
8,
24,
36,
1,
-20,
-1,
0,
26,
-101,
-4,
-1,
42,
-64,
-9,
-34,
30,
12,
57,
21,
-27,
-25,
53,
-18,
13,
41,
16,
29,
-2,
24,
-15,
1,
32,
-11,
-47,
-39,
4,
-42,
-38,
-44,
26,
22,
-12,
7,
-34,
27,
0,
-17,
-12,
42,
1,
-1,
-21,
33,
-8,
22,
19,
-4,
-80,
-46,
11,
9,
-19,
-41,
11,
38,
68,
-13,
38,
19,
-5,
72,
9,
-24,
-93,
-3,
19,
5,
-12,
-34,
-36,
-13,
46,
19,
19,
-20,
-26,
-18,
-6,
-50,
10,
-1,
-33,
21,
-16,
25,
37,
-4,
-39,
-53,
52,
-50,
4,
-2,
12,
-14,
-37,
-35,
2,
3,
28,
-21,
64,
72,
10,
0,
36,
5,
-8,
39,
29,
-59,
-34,
1,
46,
-45,
-41,
-59,
-16,
12,
-26,
-14,
-29,
-54,
4,
-16,
-1,
80,
-18,
15,
-32,
19,
-10,
-20,
0,
-59,
27,
9,
-14,
40,
-19,
8,
18,
3,
14,
-57,
34,
42,
18,
-12,
-54,
-4,
-8,
14,
36,
18,
37,
-21,
5,
-11,
-56,
-6,
-8,
64,
43,
53,
-32,
31,
-45,
41,
-34,
-13,
9,
-4,
-57,
-2,
27,
3,
2,
-36,
-1,
-34,
3,
-14,
-58,
-52,
10,
5,
-20,
-29,
-31,
-76,
-2,
38,
-39,
-34,
66,
-31,
-45,
16,
36,
57,
35,
109,
12,
13,
-13,
4,
1,
40,
-30,
-12,
-53,
-8,
50,
27,
-6,
-23,
-16,
-28,
-24,
10,
-8,
-11,
-36,
3,
43,
43,
-23,
-5,
4,
3,
-17,
16,
18,
25,
-23,
-27,
10,
-31,
-14,
-15,
-39,
46,
15,
-60,
60,
-33,
5,
-45,
92,
29,
11,
29,
24,
-66,
28,
24,
0,
0,
53,
-16,
-22,
-10,
-12,
20,
3,
-51,
17,
0,
0,
0,
-11,
-22,
14,
21,
-9,
-17,
-46,
-38,
8,
20,
21,
-23,
38,
-8,
-2,
13,
-12,
-52,
6,
31,
1,
-28,
32,
-17,
34,
63,
41,
-22,
-18,
35,
-53,
-46,
-19,
-26,
1,
4,
-18,
-53,
-17,
-16,
-11,
29,
23,
-24,
-44,
-8,
13,
32,
-2,
8,
-32,
34,
12,
8,
-17,
-2,
-2,
-43,
7,
-22,
-25,
-67,
-13,
-54,
58,
-33,
3,
-65,
-7,
-27,
8,
15,
38,
43,
-1,
0,
-62,
-27,
21,
-7,
-26,
-23,
-20,
36,
-32,
-11,
-1,
-18,
29,
-17,
0,
36,
13,
67,
31,
9,
25,
8,
-30,
8,
-52,
-30,
22,
-30,
-53,
-29,
13,
-7,
8,
-27,
88,
0,
-70,
40,
7,
29,
-10,
4,
-6,
4,
22,
31,
-12,
0,
-16,
23,
-25,
-31,
13,
-15,
31,
33,
-12,
-3,
18,
19,
23,
10,
17,
25,
30,
64,
0,
-2,
-56,
-4,
-5,
33,
4,
0,
-16,
4,
16,
-14,
-2,
-7,
30,
35,
14,
-1,
36,
-30,
-12,
33,
21,
0,
-15,
23,
16,
12,
-22,
-35,
4,
-9,
-36,
22,
-3,
21,
-34,
41,
-35,
25,
19,
-19,
-61,
2,
2,
8,
-16,
24,
-14,
36,
-12,
-7,
-29,
3,
18,
26,
60,
72,
-4,
19,
-4,
25,
-19,
44,
-10,
47,
-13,
20,
9,
-4,
-33,
-20,
-68,
26,
0,
54,
-18,
-7,
11,
-24,
12,
14,
-24,
1,
13,
4,
-23,
-61,
-5,
8,
-5,
-15,
-10,
-30,
-23,
-81,
-28,
-62,
15,
47,
22,
34,
-13,
75,
8,
9,
40,
3,
-34,
42,
33,
15,
7,
-68,
0,
14,
-74,
-13,
-36,
-87,
16,
0,
-41,
-29,
30,
-37,
13,
1,
-20,
-12,
13,
-23,
-15,
-43,
13,
17,
1,
-35,
42,
-19,
-38,
-29,
-37,
-57,
-42,
-8,
21,
-13,
29,
-38,
-24,
-37,
22,
40,
-16,
-7,
53,
18,
-10,
-29,
-28,
19,
-24,
-38,
73,
-7,
2,
11,
-82,
-5,
-55,
21,
-33,
18,
-10,
42,
-33,
-13,
20,
-19,
-41,
12,
-5,
14,
11,
-25,
12,
60,
30,
8,
-3,
34,
5,
-50,
-17,
-34,
-34,
-26,
-45,
25,
17,
97,
11,
-16,
9,
21,
33,
-44,
-20,
-4,
60,
0,
8,
-11,
11,
-16,
-7,
6,
-72,
13,
21,
33,
-20,
-4,
14,
-13,
-18,
35,
-77,
6,
28,
-14,
6,
-20,
53,
-22,
-41,
46,
-28,
59,
-28,
32,
-7,
49,
-44,
3,
35,
11,
16,
-40,
21,
1,
3,
12,
20,
-8,
-22,
-1,
70,
-2,
16,
20,
58,
45,
-6,
-19,
42,
-5,
-15,
-7,
25,
-21,
-10,
-33,
1,
0,
24,
-24,
9,
44,
49,
-34,
29,
45,
27,
18,
13,
13,
-15,
-10,
19,
17,
51,
-47,
9,
0,
19,
-14,
12,
28,
12,
52,
-36,
-20,
17,
-12,
15,
1,
-10,
-32,
-9,
6,
-23,
6,
8,
13,
-63,
5,
32,
32,
-8,
29,
36,
-61,
22,
10,
30,
-16,
-55,
-17,
-72,
-25,
3,
0,
-10,
3,
14,
9,
-3,
24,
-26,
-50,
-89,
0,
46,
0,
40,
-6,
3,
80,
-15,
-19,
-31,
3,
4
] |
To compel respondents to audit and allow relator’s bill as circuit judge, for expenses incurred in going to and fro in the discharge of the duties of his office, and for hotel bills paid while holding court out of his own county.
Order to show cause denied June 19, 1895. | [
12,
-40,
8,
1,
8,
38,
41,
-9,
-6,
2,
36,
-44,
10,
-50,
-6,
17,
-1,
-4,
-1,
-24,
-1,
24,
37,
-1,
-58,
-2,
2,
3,
-53,
-96,
-4,
-23,
-40,
91,
28,
-42,
-3,
-5,
-11,
-11,
-44,
15,
47,
-3,
-11,
-25,
-36,
-30,
-25,
-1,
-39,
7,
-62,
62,
10,
8,
5,
-68,
-23,
-45,
-3,
22,
33,
-20,
16,
5,
-51,
-35,
14,
-9,
23,
-15,
5,
-4,
49,
-14,
14,
-86,
-7,
63,
24,
3,
-28,
-32,
-7,
-11,
22,
6,
59,
-26,
-25,
27,
-58,
16,
-11,
1,
-56,
28,
50,
34,
-16,
-32,
3,
-9,
31,
-11,
22,
-8,
-24,
-23,
13,
-9,
6,
-43,
32,
-27,
-32,
-19,
-10,
-76,
-36,
17,
27,
-28,
1,
57,
40,
-4,
-45,
-46,
8,
23,
36,
-6,
39,
-47,
-8,
-13,
-81,
0,
27,
26,
38,
0,
-26,
6,
39,
-11,
-22,
52,
18,
25,
12,
61,
-13,
6,
-1,
-58,
24,
19,
17,
70,
-44,
-74,
29,
25,
4,
33,
39,
-44,
-14,
70,
-21,
-2,
-26,
-44,
27,
40,
-7,
-28,
7,
26,
-25,
-28,
48,
-3,
37,
9,
30,
-21,
13,
-38,
16,
25,
52,
-24,
35,
-59,
25,
30,
-23,
11,
-10,
14,
39,
-23,
-5,
2,
-50,
47,
-43,
-7,
14,
-21,
10,
-10,
5,
-15,
23,
-10,
-14,
44,
30,
32,
-52,
4,
6,
18,
42,
51,
-43,
-8,
-11,
-30,
25,
39,
6,
-13,
43,
-27,
-83,
64,
16,
-6,
18,
-43,
-62,
8,
-16,
-54,
1,
12,
18,
18,
-15,
29,
-8,
13,
10,
-48,
30,
-40,
21,
-16,
1,
-34,
20,
16,
105,
-12,
54,
29,
30,
-16,
41,
3,
15,
-20,
-36,
-49,
-14,
-8,
-8,
33,
-35,
-19,
13,
-19,
60,
23,
-13,
20,
19,
82,
11,
20,
-34,
64,
31,
-49,
-35,
-38,
-12,
40,
-19,
9,
14,
-61,
15,
-50,
34,
0,
-37,
-35,
8,
53,
-1,
8,
-65,
-2,
4,
-29,
-14,
18,
11,
32,
37,
29,
23,
30,
0,
-36,
0,
-7,
-1,
45,
32,
9,
-14,
15,
4,
6,
-28,
25,
-16,
10,
-36,
-29,
39,
32,
-39,
-10,
-14,
39,
-34,
38,
-53,
-43,
-11,
63,
-17,
2,
-6,
-40,
17,
-25,
-18,
-24,
55,
-7,
7,
-48,
-22,
-65,
-6,
-23,
-26,
-13,
-23,
1,
-20,
-18,
-55,
-26,
19,
-35,
29,
-60,
0,
-2,
52,
43,
7,
-12,
-5,
42,
4,
-24,
-44,
43,
-21,
14,
24,
60,
-30,
15,
-22,
3,
2,
62,
21,
-29,
5,
16,
20,
4,
7,
27,
45,
7,
37,
-40,
-1,
-7,
25,
-39,
-57,
25,
18,
38,
-12,
-69,
21,
3,
17,
4,
28,
-23,
-75,
31,
4,
-9,
29,
41,
-23,
-32,
-10,
-17,
-19,
12,
-28,
-26,
6,
30,
-31,
-10,
-4,
37,
17,
-26,
12,
-1,
-50,
31,
4,
15,
-33,
63,
23,
18,
-52,
-12,
-51,
-25,
-61,
-13,
-35,
-28,
22,
15,
-31,
-12,
-10,
49,
23,
-15,
-22,
-50,
-16,
24,
-5,
-4,
8,
-40,
9,
34,
-49,
-10,
24,
33,
-42,
78,
38,
-52,
-14,
-50,
13,
74,
1,
36,
11,
-59,
27,
26,
10,
1,
-16,
7,
-29,
-100,
26,
-9,
-38,
-15,
1,
5,
-9,
13,
14,
21,
0,
-14,
-18,
0,
-83,
17,
-3,
17,
13,
22,
20,
31,
20,
-17,
45,
47,
-11,
-41,
19,
-19,
36,
-8,
30,
-10,
-53,
12,
8,
-36,
-11,
-4,
32,
-57,
-14,
-20,
-36,
9,
9,
-1,
5,
50,
20,
4,
-5,
-2,
49,
32,
-56,
-31,
71,
25,
36,
-25,
-38,
-53,
8,
4,
-6,
5,
17,
7,
-76,
14,
-48,
35,
8,
-25,
13,
3,
58,
-13,
6,
11,
0,
25,
19,
14,
-16,
27,
-36,
-12,
7,
-7,
1,
-1,
28,
30,
-26,
-2,
10,
6,
9,
13,
50,
-16,
-28,
-69,
26,
-1,
-25,
-54,
-13,
25,
27,
30,
-31,
18,
-21,
-31,
3,
-15,
-15,
-3,
-53,
-66,
-55,
45,
5,
-6,
-3,
6,
66,
22,
58,
8,
5,
-12,
42,
-24,
11,
40,
25,
-52,
-23,
57,
32,
0,
28,
41,
65,
-1,
0,
-26,
38,
-38,
-26,
-72,
-28,
6,
-21,
-5,
6,
24,
4,
1,
-31,
61,
1,
27,
3,
-4,
23,
-14,
21,
31,
27,
28,
7,
-23,
-35,
-20,
-8,
-34,
16,
52,
40,
-40,
22,
-57,
6,
-21,
-18,
-20,
7,
5,
52,
-43,
34,
7,
26,
-4,
-14,
-34,
12,
48,
-55,
-27,
3,
38,
47,
-57,
-24,
20,
24,
-69,
-49,
14,
-50,
0,
-1,
-9,
3,
44,
1,
-7,
10,
37,
-17,
17,
-66,
35,
47,
24,
-32,
27,
1,
21,
-19,
-11,
56,
4,
-24,
25,
25,
-1,
-29,
39,
-10,
22,
7,
52,
8,
-15,
2,
-84,
44,
11,
22,
-8,
37,
-35,
25,
-29,
-7,
1,
21,
-39,
18,
-14,
-11,
-14,
33,
-61,
-30,
-45,
-21,
-3,
11,
-26,
36,
36,
-1,
50,
-12,
18,
12,
69,
-44,
-22,
-3,
8,
-33,
-30,
-55,
-34,
0,
-73,
2,
40,
-27,
-76,
20,
2,
39,
38,
29,
-8,
-25,
30,
10,
28,
5,
-18,
-5,
-39,
4,
-51,
-4,
-32,
-26,
9,
-38,
2,
8,
19,
-32,
-25,
-44,
20,
-63,
49,
10,
33,
-27,
-28,
-46,
-3,
40,
-43,
-2,
-6,
2,
38,
23,
-49,
-2,
23,
31,
0,
49,
-6,
53,
-26,
33,
-15,
6,
9,
69,
-16,
-3,
-21,
-32,
-40,
1,
4,
7,
24,
0,
-15,
15,
38,
18,
-24,
17,
45,
3,
0,
-33,
-42,
-83,
-13,
-33,
32,
8,
-14,
22,
-51,
-21,
-3,
1,
51,
54,
14,
-28,
-32,
-20,
-58,
-50,
33,
-35,
14,
38,
57,
22,
41,
4,
-44,
52,
-41,
25,
-19,
4,
-4,
-6,
67,
27,
-65,
34,
18,
28,
-3,
42,
-35,
30,
-46,
-14,
15,
-21,
65,
28,
36,
-16,
-5,
-8,
9,
-31,
-31,
-5,
11,
-12,
30,
-31,
-6,
-3,
11,
-31,
27,
22,
1,
-56,
38,
-19,
43,
-29,
-11,
-48,
38,
1,
-22,
29,
-16,
16,
-36,
13,
-12,
-54,
20,
-58,
-22,
28,
22,
27,
-24,
0,
-39,
-19,
67,
-81,
-33,
19,
48,
18,
20,
3,
5,
8,
-38,
28,
65,
2,
6,
6,
45,
44,
10,
-30,
17,
-12,
-50,
29,
-14,
-39,
-29,
-21,
-20
] |
To> compel respondent to repair a bridge, where by the return it appeared that, in his opinion, the cost of the same will exceed $1^)00.
Denied October 26, 1888.
Held, that under How. Stat.,'Sec. 1381, the opinion of the commissioner of highways as to the cost must prevail. | [
-38,
11,
-17,
-22,
33,
38,
-21,
-10,
21,
-15,
13,
-41,
3,
-4,
28,
21,
41,
7,
76,
23,
-33,
-8,
20,
-2,
-45,
-11,
47,
-4,
-12,
10,
14,
50,
-33,
44,
-21,
-27,
-9,
40,
15,
44,
-24,
-12,
-30,
-36,
-2,
12,
4,
-31,
-26,
22,
-56,
32,
-49,
15,
63,
43,
32,
-1,
-78,
36,
17,
-36,
6,
39,
-82,
4,
-63,
37,
46,
13,
-41,
4,
17,
8,
59,
-4,
-26,
-7,
-17,
48,
-19,
24,
-13,
-5,
31,
68,
-66,
-24,
-19,
-7,
-11,
41,
4,
8,
-12,
18,
-21,
-22,
23,
-33,
48,
27,
4,
67,
29,
36,
-30,
8,
-5,
29,
-13,
-33,
14,
-54,
-27,
40,
-50,
-28,
-6,
-52,
0,
31,
11,
-22,
-54,
19,
62,
-46,
-25,
-28,
3,
27,
38,
88,
-10,
-14,
-13,
-20,
-11,
0,
15,
48,
23,
-14,
-63,
27,
39,
-26,
-61,
31,
12,
40,
3,
-15,
-8,
-18,
-12,
-16,
54,
-33,
27,
72,
-65,
-16,
-15,
4,
24,
25,
18,
58,
53,
24,
-4,
-26,
6,
-1,
-12,
28,
-63,
0,
-20,
13,
25,
-1,
-26,
-20,
25,
31,
25,
-70,
-22,
-12,
24,
-13,
-24,
42,
20,
-24,
18,
29,
-34,
-30,
-3,
33,
4,
-14,
-59,
-28,
-39,
-11,
3,
63,
-48,
-24,
2,
74,
4,
14,
38,
-38,
1,
59,
53,
-23,
-27,
-12,
-16,
29,
56,
13,
-15,
31,
-28,
11,
0,
38,
20,
-29,
10,
5,
-41,
14,
-34,
-25,
-19,
-19,
-50,
-7,
-20,
-30,
30,
-17,
-53,
27,
-62,
21,
18,
30,
-6,
-37,
27,
15,
35,
10,
0,
-21,
4,
63,
44,
2,
17,
29,
4,
-20,
-8,
-1,
-43,
-20,
-3,
36,
-53,
-53,
-52,
18,
12,
7,
27,
15,
22,
26,
52,
-34,
36,
2,
1,
62,
-38,
59,
-3,
-63,
-1,
-75,
17,
41,
46,
-53,
-62,
7,
-51,
-4,
0,
-6,
-46,
3,
61,
32,
-5,
-14,
-12,
-61,
30,
51,
-11,
1,
60,
29,
41,
-11,
0,
-10,
-16,
27,
-2,
80,
41,
2,
7,
-19,
-27,
7,
72,
36,
7,
-15,
-45,
20,
-9,
-48,
43,
36,
-17,
38,
-24,
32,
-2,
0,
-9,
28,
-9,
39,
10,
46,
30,
-24,
11,
18,
-7,
17,
-5,
49,
-22,
-23,
-29,
-5,
36,
10,
-32,
-12,
-52,
-22,
37,
-21,
5,
-40,
35,
-9,
17,
-29,
-65,
-19,
70,
-47,
5,
-9,
-17,
27,
-14,
-41,
-22,
-60,
-57,
-30,
26,
21,
15,
9,
72,
24,
-52,
-12,
-5,
18,
-18,
11,
9,
-11,
79,
35,
-6,
-1,
47,
21,
-20,
1,
50,
-20,
0,
18,
-41,
-8,
-23,
-29,
25,
11,
-56,
-18,
18,
-68,
-40,
-40,
-43,
25,
28,
26,
-30,
-27,
3,
56,
23,
-24,
-5,
11,
36,
27,
3,
24,
15,
19,
16,
-11,
-32,
-13,
-20,
17,
-14,
-25,
-28,
25,
50,
6,
-10,
49,
14,
-20,
-16,
-45,
42,
-78,
3,
13,
-6,
-33,
-21,
-10,
25,
3,
28,
18,
-27,
-49,
31,
-4,
-15,
2,
20,
43,
-40,
29,
-33,
11,
-40,
-19,
-18,
-13,
-16,
-46,
22,
21,
33,
-6,
-18,
9,
75,
9,
-31,
6,
-51,
25,
44,
-18,
-30,
-13,
-72,
-12,
-13,
78,
-31,
43,
59,
27,
-14,
31,
-37,
13,
-62,
-83,
49,
2,
53,
55,
-4,
0,
-6,
-12,
69,
-8,
-28,
42,
-54,
-4,
13,
-29,
10,
24,
-63,
-15,
3,
-29,
-13,
0,
-8,
-3,
-37,
-45,
11,
-15,
57,
101,
-35,
-66,
25,
3,
-4,
16,
12,
-37,
-52,
-52,
-27,
3,
21,
-22,
-45,
-56,
-63,
4,
-31,
35,
-16,
23,
-69,
44,
-4,
0,
-4,
37,
24,
29,
9,
28,
-12,
-20,
-29,
18,
11,
25,
-12,
6,
29,
48,
0,
2,
10,
-12,
19,
9,
-12,
-14,
29,
-7,
76,
25,
1,
24,
-83,
-25,
0,
-3,
-63,
-19,
-35,
13,
-56,
3,
-24,
15,
13,
22,
-29,
13,
28,
20,
-1,
-47,
-27,
-16,
-20,
33,
-28,
29,
-16,
43,
-10,
-32,
-5,
65,
-5,
-19,
22,
-29,
5,
-18,
20,
-18,
-27,
13,
-2,
86,
21,
19,
-28,
-44,
-9,
-29,
39,
-39,
2,
74,
0,
8,
31,
8,
51,
12,
-20,
-21,
-19,
-4,
16,
3,
41,
-49,
5,
15,
-13,
36,
-70,
55,
-16,
16,
6,
-13,
3,
26,
-30,
-17,
-45,
-32,
3,
11,
24,
0,
4,
-23,
16,
-4,
-21,
-4,
-22,
0,
67,
-51,
8,
44,
-41,
11,
-20,
-77,
-39,
-4,
-25,
14,
-29,
-32,
-46,
-17,
-31,
0,
36,
-108,
-69,
9,
21,
-17,
-32,
-5,
-32,
36,
-91,
21,
-5,
-37,
7,
0,
-18,
-16,
-13,
30,
13,
31,
-30,
-31,
-3,
16,
32,
-14,
-4,
7,
-57,
66,
-50,
14,
69,
-28,
-29,
0,
-5,
-9,
46,
0,
42,
36,
-11,
59,
-48,
-27,
23,
-46,
13,
5,
-39,
-26,
0,
24,
-19,
4,
24,
44,
-9,
-20,
-21,
68,
20,
-17,
-36,
-8,
-29,
-30,
-40,
-20,
9,
-83,
-64,
-18,
49,
-86,
17,
4,
-19,
-8,
0,
32,
-37,
3,
19,
-32,
11,
43,
15,
6,
47,
-71,
-8,
-26,
17,
13,
13,
7,
-12,
-38,
-1,
32,
23,
-1,
11,
-37,
-32,
-21,
-49,
24,
-20,
4,
-47,
6,
22,
53,
-11,
7,
50,
21,
31,
7,
36,
20,
-16,
-15,
-10,
-53,
41,
-51,
71,
-4,
-12,
-23,
-31,
1,
14,
-29,
49,
17,
47,
-47,
37,
32,
17,
-82,
28,
10,
18,
69,
64,
-28,
62,
9,
-31,
-44,
-42,
7,
58,
13,
-21,
-12,
-61,
49,
53,
-30,
32,
25,
-23,
3,
0,
-35,
-11,
-46,
29,
-15,
24,
-26,
-43,
75,
44,
45,
-18,
36,
-47,
-68,
9,
-5,
-3,
-22,
-39,
-35,
-19,
59,
-42,
-41,
-3,
27,
-34,
-4,
62,
-43,
-29,
25,
-31,
-19,
-19,
73,
39,
52,
40,
-12,
13,
31,
64,
17,
-36,
-22,
-24,
39,
38,
18,
30,
1,
-18,
39,
48,
11,
-74,
59,
-3,
30,
-12,
-18,
-69,
53,
15,
-93,
-22,
-58,
43,
24,
14,
6,
-42,
-37,
6,
30,
-27,
39,
-17,
-50,
-35,
-47,
-9,
18,
-44,
36,
42,
43,
-67,
-35,
-13,
11,
-11,
-27,
51,
24,
32,
-35,
1,
48,
7,
1,
39,
33,
-21,
30,
10,
-31,
64,
-28,
-6,
-27
] |
To set aside an order to hold to bail and quash a capias on the ground of the insufficiency of the affidavit.
Order to show cause denied December 12, 1893.
Rehearing denied January 26, 1894. | [
8,
-20,
26,
55,
27,
-19,
39,
-3,
34,
16,
57,
-40,
-22,
27,
31,
84,
39,
7,
29,
-42,
-19,
1,
-29,
-39,
0,
0,
50,
-59,
-51,
-74,
7,
-52,
-45,
-3,
12,
-12,
-19,
-12,
10,
-24,
-35,
42,
-22,
15,
-23,
-81,
-57,
23,
-50,
4,
-15,
-36,
3,
1,
-60,
11,
-12,
-24,
-30,
-9,
3,
-28,
-4,
27,
-20,
27,
-50,
-31,
-33,
14,
5,
37,
18,
17,
4,
-59,
-23,
-9,
22,
23,
75,
38,
-23,
27,
30,
-20,
0,
-4,
4,
3,
-25,
-6,
-97,
18,
-74,
-10,
7,
21,
25,
91,
48,
34,
-35,
6,
14,
39,
-4,
40,
-40,
15,
48,
-18,
5,
-33,
8,
-14,
-52,
23,
31,
-25,
14,
33,
26,
6,
-22,
13,
8,
6,
14,
-20,
-35,
-2,
20,
12,
18,
-15,
40,
27,
-35,
-23,
-8,
28,
-12,
17,
13,
-17,
70,
-31,
8,
21,
-4,
36,
21,
27,
-11,
81,
36,
-48,
-15,
-5,
3,
40,
-28,
2,
50,
-47,
51,
17,
6,
-1,
29,
27,
-15,
24,
-82,
-23,
-14,
15,
12,
31,
-12,
42,
-37,
-12,
33,
-22,
-53,
9,
58,
17,
-43,
37,
4,
83,
35,
-31,
39,
-44,
32,
-21,
-20,
38,
-57,
-56,
-18,
-24,
-15,
12,
-17,
42,
-69,
-9,
-17,
26,
-47,
-21,
30,
-1,
70,
36,
2,
47,
9,
52,
-11,
19,
59,
66,
-10,
28,
16,
44,
-37,
-44,
74,
9,
27,
16,
31,
36,
-10,
28,
-14,
-5,
14,
-16,
7,
8,
40,
-64,
11,
35,
4,
27,
-45,
5,
-49,
25,
-39,
-28,
49,
60,
15,
-43,
-19,
-14,
13,
28,
53,
-8,
71,
-42,
25,
15,
33,
38,
1,
-24,
1,
-6,
-51,
20,
-77,
22,
-50,
-48,
56,
-20,
36,
14,
-4,
-2,
12,
26,
5,
-21,
-48,
35,
35,
-37,
-20,
13,
-38,
-2,
-80,
-4,
23,
-59,
-5,
-39,
51,
56,
8,
4,
-35,
10,
-15,
-5,
-86,
-48,
-29,
-24,
-27,
27,
-23,
62,
2,
54,
61,
54,
16,
-10,
-68,
-36,
-31,
48,
-11,
22,
-27,
51,
34,
-8,
-10,
-9,
-16,
20,
-8,
-17,
-36,
36,
-37,
-28,
34,
-25,
-12,
39,
-68,
-43,
10,
19,
-11,
-22,
36,
43,
66,
23,
-37,
0,
-21,
-1,
-24,
-11,
-78,
-53,
-19,
-2,
-18,
15,
-63,
24,
-40,
-22,
-5,
-13,
13,
39,
4,
-6,
-9,
-24,
31,
16,
11,
-35,
41,
22,
-26,
0,
-49,
2,
-7,
36,
30,
1,
3,
-55,
53,
-21,
47,
29,
9,
0,
19,
17,
-27,
-12,
12,
17,
-21,
0,
-7,
-83,
-19,
-7,
-11,
9,
-11,
-9,
7,
-21,
-2,
17,
24,
20,
-7,
20,
-13,
-22,
13,
-41,
-36,
-25,
49,
42,
17,
-22,
-35,
-58,
-46,
9,
17,
-17,
-13,
-6,
-18,
-4,
75,
63,
-14,
-18,
-36,
-13,
-91,
38,
-35,
6,
-55,
-49,
-3,
30,
3,
-58,
28,
-18,
-67,
4,
26,
-8,
-51,
-25,
6,
58,
29,
-51,
28,
17,
0,
37,
23,
-10,
-36,
-23,
5,
12,
-25,
-8,
-39,
-43,
24,
56,
-16,
57,
-32,
10,
21,
26,
34,
-10,
-7,
-18,
-22,
-7,
5,
0,
0,
33,
-12,
-11,
-18,
0,
21,
43,
-61,
-8,
-2,
17,
-47,
6,
-54,
0,
10,
-29,
27,
10,
-21,
24,
-47,
5,
-19,
4,
-26,
32,
27,
-39,
54,
13,
-31,
-17,
-5,
39,
19,
6,
60,
13,
-20,
-35,
55,
-22,
9,
-46,
19,
-60,
-23,
3,
-46,
23,
21,
-35,
8,
63,
17,
-50,
18,
56,
29,
41,
-30,
0,
36,
-1,
5,
9,
-36,
-8,
16,
31,
-31,
-49,
-56,
12,
-22,
16,
-3,
-42,
-25,
38,
-20,
2,
-23,
44,
-22,
30,
18,
-20,
-11,
-12,
15,
1,
-34,
-3,
18,
11,
-12,
2,
-4,
-14,
43,
70,
-33,
20,
10,
-2,
19,
-23,
-45,
-52,
-13,
0,
53,
-15,
-20,
-8,
32,
17,
15,
17,
-10,
72,
26,
-39,
35,
28,
36,
-28,
-45,
-23,
9,
-35,
37,
7,
7,
26,
7,
-4,
54,
6,
12,
-53,
102,
28,
-17,
-4,
-7,
-11,
-13,
20,
-21,
34,
38,
-15,
9,
-13,
-1,
13,
7,
-19,
18,
16,
0,
-35,
9,
21,
-41,
2,
8,
-32,
-60,
42,
32,
28,
22,
-23,
22,
68,
34,
9,
-48,
0,
5,
-22,
50,
-29,
33,
-24,
-24,
-24,
-6,
-1,
38,
31,
-51,
21,
-56,
-27,
93,
-37,
41,
2,
21,
-45,
16,
-5,
-12,
97,
-45,
39,
12,
15,
40,
-70,
22,
-47,
14,
-17,
11,
11,
16,
-5,
31,
-23,
-9,
-26,
-26,
5,
-17,
3,
-35,
5,
-11,
-6,
48,
-88,
18,
42,
-45,
-6,
-33,
-7,
46,
-25,
-16,
39,
-1,
-5,
-56,
37,
23,
-26,
17,
73,
11,
-32,
57,
-41,
4,
3,
19,
1,
10,
12,
-9,
-43,
-57,
11,
63,
-51,
29,
15,
-51,
-4,
66,
-113,
-53,
40,
19,
-15,
-3,
-91,
-63,
24,
-9,
5,
-21,
18,
41,
30,
-31,
59,
-19,
-32,
0,
-1,
-36,
-19,
-37,
-47,
26,
15,
8,
-24,
13,
-1,
19,
-8,
19,
-12,
6,
-6,
18,
18,
0,
-30,
51,
-34,
-16,
-30,
52,
-34,
34,
5,
-61,
-33,
-14,
-20,
10,
-40,
-21,
22,
-26,
28,
28,
42,
-21,
-3,
-80,
-34,
29,
2,
-16,
-12,
-21,
23,
33,
-85,
-3,
-11,
-12,
-2,
49,
3,
80,
-61,
18,
49,
-37,
22,
21,
-42,
11,
9,
1,
-38,
6,
25,
-14,
-10,
-49,
-86,
-9,
22,
21,
2,
5,
-4,
36,
65,
-16,
-49,
-24,
38,
-4,
20,
-16,
11,
4,
-46,
-19,
-16,
6,
3,
34,
17,
14,
-63,
47,
-25,
-9,
4,
-56,
-53,
43,
-13,
39,
-6,
-23,
-22,
-18,
55,
27,
-43,
25,
66,
-22,
-2,
-4,
-30,
5,
-46,
16,
16,
-24,
-20,
-46,
-32,
-11,
28,
6,
37,
41,
-11,
-60,
-6,
8,
10,
44,
5,
49,
5,
0,
-1,
2,
60,
35,
-4,
31,
20,
-22,
26,
-51,
38,
39,
36,
-30,
-10,
-97,
45,
-15,
-28,
-42,
0,
11,
-45,
46,
-64,
27,
-17,
5,
30,
13,
3,
23,
11,
-83,
25,
-65,
54,
-35,
-35,
-16,
51,
-16,
46,
57,
10,
12,
-21,
11,
21,
-48,
30,
-30,
-56,
1,
0,
-19,
26,
-71,
20,
92,
-15,
17,
-4,
4,
9
] |
To compel respondent to vacate an order allowing the amendment of a declaration in an action for negligent malpractice, sought to be revived against relators as executors.
Denied May 18, 1894, with costs.
The only question involved was, whether the action survived under How. Stat., Sec. 7397, and the court held that the statute applied. | [
-2,
-23,
-49,
84,
49,
-26,
-4,
-7,
12,
-15,
14,
-20,
6,
42,
-11,
1,
46,
-3,
5,
13,
-27,
-30,
-26,
8,
15,
-24,
76,
-12,
-22,
-32,
7,
15,
-14,
14,
2,
-35,
-16,
5,
11,
14,
-1,
-32,
78,
-16,
-51,
-18,
-34,
1,
-68,
36,
25,
-11,
-31,
61,
1,
-5,
60,
3,
-48,
1,
-45,
-5,
-4,
48,
-24,
11,
-34,
2,
-25,
-1,
0,
-14,
40,
19,
49,
-45,
-18,
-17,
24,
-23,
32,
7,
33,
-56,
3,
64,
4,
15,
22,
-40,
10,
-3,
-29,
16,
-52,
74,
-11,
-23,
58,
-4,
11,
-23,
-61,
26,
9,
-8,
-3,
13,
-33,
-17,
-31,
17,
4,
-3,
8,
-23,
-34,
-3,
14,
-23,
-26,
-13,
36,
-25,
-7,
9,
-5,
-25,
-16,
46,
-69,
-3,
-12,
-12,
30,
1,
70,
-72,
14,
-42,
-12,
11,
34,
-29,
-2,
-29,
46,
25,
-67,
-58,
33,
72,
18,
6,
2,
17,
0,
-31,
-7,
15,
20,
-14,
-37,
14,
51,
24,
16,
32,
-25,
26,
70,
58,
-42,
-8,
-39,
21,
33,
29,
-64,
-8,
0,
19,
17,
-25,
45,
-30,
21,
24,
33,
-16,
-29,
-4,
4,
24,
7,
11,
37,
8,
68,
48,
-16,
17,
-46,
-33,
22,
-32,
-48,
-14,
25,
36,
-40,
-3,
-71,
0,
21,
1,
86,
13,
-5,
6,
-4,
48,
13,
-6,
-16,
11,
56,
0,
-13,
35,
10,
35,
-9,
29,
6,
54,
-4,
17,
33,
0,
-20,
44,
2,
0,
-15,
12,
41,
31,
18,
-37,
18,
6,
29,
73,
-9,
30,
-40,
48,
-65,
-35,
13,
19,
-47,
12,
16,
-54,
27,
-22,
49,
-21,
24,
1,
11,
-12,
31,
-7,
-40,
-35,
1,
-29,
-25,
8,
-31,
8,
-88,
37,
-6,
13,
-16,
24,
-40,
-12,
-14,
1,
12,
-31,
-48,
11,
-20,
-61,
35,
-50,
45,
-2,
-22,
-18,
-32,
-49,
18,
-24,
-21,
50,
-13,
64,
40,
-5,
-4,
4,
-47,
-11,
-28,
25,
-3,
15,
-39,
-17,
37,
1,
52,
10,
-24,
5,
6,
48,
-35,
28,
22,
0,
-25,
7,
39,
0,
-65,
-10,
-31,
34,
6,
-8,
-14,
3,
-5,
13,
13,
6,
-10,
21,
-14,
-18,
-5,
58,
25,
-5,
-38,
-33,
30,
-19,
-5,
37,
12,
13,
-40,
-13,
-57,
-32,
19,
2,
2,
8,
-28,
-23,
-35,
-37,
-47,
-44,
32,
60,
13,
8,
-37,
-3,
1,
-31,
62,
-36,
30,
50,
-32,
-7,
-14,
-25,
-53,
14,
-33,
50,
-18,
32,
-5,
-62,
15,
58,
-8,
47,
16,
10,
9,
23,
11,
6,
58,
-4,
3,
-13,
-54,
26,
-16,
-32,
6,
-11,
-72,
7,
3,
6,
29,
10,
-3,
16,
-20,
-42,
12,
0,
-29,
-56,
7,
31,
-18,
25,
-18,
-14,
2,
-10,
-1,
23,
-7,
-12,
0,
8,
1,
24,
-8,
24,
18,
-44,
-4,
5,
14,
-4,
-4,
-11,
34,
-27,
-37,
-12,
-5,
-40,
9,
-17,
33,
-22,
-36,
-1,
0,
22,
-11,
-15,
37,
15,
-34,
30,
16,
-34,
-23,
36,
35,
-3,
-17,
28,
-60,
-31,
-17,
53,
-25,
24,
-46,
9,
-14,
-47,
30,
-49,
-7,
27,
-89,
32,
24,
11,
72,
41,
13,
-8,
-28,
16,
-21,
0,
-28,
-25,
12,
19,
-27,
58,
2,
-28,
45,
39,
6,
-24,
-62,
5,
-15,
-1,
-5,
0,
5,
-7,
3,
60,
32,
-11,
-15,
15,
28,
1,
-28,
-10,
-9,
45,
32,
-50,
14,
-45,
-33,
16,
-6,
8,
-19,
-44,
-33,
23,
23,
-5,
-14,
29,
-2,
-20,
6,
40,
39,
-19,
-17,
-51,
-17,
-34,
27,
42,
57,
-6,
1,
-65,
-74,
-33,
-29,
6,
-43,
22,
5,
-59,
-29,
45,
-28,
-33,
12,
-9,
-46,
25,
13,
-13,
-24,
-4,
-9,
-53,
13,
-21,
5,
18,
-57,
-18,
-37,
2,
43,
53,
40,
29,
0,
21,
-14,
-41,
18,
-62,
8,
-35,
17,
-7,
45,
74,
45,
-1,
-18,
19,
14,
22,
5,
-25,
29,
42,
-2,
-9,
-67,
59,
57,
-39,
27,
12,
14,
3,
2,
-36,
25,
-13,
0,
-39,
31,
-14,
-10,
-30,
-24,
-22,
38,
53,
2,
67,
3,
-1,
1,
16,
9,
4,
21,
31,
1,
34,
41,
11,
-33,
-11,
11,
24,
22,
23,
2,
12,
13,
-5,
28,
11,
-9,
-23,
33,
32,
17,
38,
19,
-4,
-19,
-10,
32,
34,
31,
-33,
-29,
-30,
0,
-20,
-24,
7,
-21,
-62,
49,
20,
14,
9,
6,
-29,
15,
-9,
-9,
16,
-40,
92,
29,
-26,
16,
-104,
-14,
-54,
56,
-12,
-5,
-23,
20,
10,
57,
-12,
-7,
-21,
-9,
24,
16,
-2,
-52,
-8,
-68,
51,
54,
-35,
-28,
42,
-13,
-29,
-48,
8,
14,
12,
13,
-2,
-7,
5,
-6,
-4,
-39,
-29,
-5,
19,
6,
-13,
28,
-32,
6,
-60,
-15,
-15,
-55,
15,
9,
-12,
-45,
35,
-19,
-39,
29,
25,
-5,
32,
44,
-31,
34,
2,
-1,
26,
12,
-46,
8,
-11,
-10,
21,
29,
50,
1,
0,
-38,
48,
-13,
-73,
-10,
-43,
-12,
-21,
-42,
-66,
-9,
15,
-84,
-35,
22,
10,
11,
35,
-17,
-41,
-5,
20,
-30,
17,
10,
-53,
51,
-9,
16,
-31,
39,
55,
-8,
-14,
-66,
-4,
0,
11,
12,
-46,
16,
10,
22,
-10,
-10,
10,
-24,
44,
-14,
6,
-3,
-24,
35,
24,
40,
18,
6,
-14,
14,
15,
1,
25,
16,
29,
3,
-43,
-40,
8,
27,
-2,
46,
-56,
50,
23,
-56,
15,
-42,
22,
-10,
-9,
-23,
-1,
-57,
39,
38,
2,
16,
51,
5,
7,
-4,
6,
8,
-18,
-37,
-28,
41,
21,
2,
15,
-6,
15,
-2,
-13,
36,
35,
28,
-56,
4,
13,
7,
39,
-45,
-27,
20,
42,
-18,
-41,
0,
-36,
-15,
17,
-6,
-30,
5,
11,
-10,
-32,
55,
-49,
10,
2,
33,
-19,
28,
-14,
29,
29,
-50,
1,
14,
-19,
-1,
45,
-9,
-24,
11,
-23,
-8,
77,
5,
-48,
-82,
29,
10,
-27,
38,
50,
-7,
0,
-23,
22,
-9,
13,
-33,
-2,
35,
-15,
-51,
26,
9,
-62,
17,
41,
9,
-27,
0,
-12,
-72,
36,
-64,
16,
-15,
-32,
26,
-10,
-16,
2,
-3,
35,
-46,
-23,
35,
34,
-8,
1,
-20,
31,
-41,
-26,
-3,
-12,
3,
-4,
16,
30,
-5,
31,
-11,
-31,
-33,
44,
7,
-20,
-36,
-2,
-28,
-13
] |
To compel the vacation of an order quashing a capias.
Granted May 6, 1891.
The sole question was as to the sufficiency of the affidavit. It was made by the agent, an attorney in fact of plaintiffs, and stated that he had knowledge of the facts; made the affidavit in behalf of plaintiffs; that defendant with intention to cheat and defraud plaintiffs and fraudulently obtain goods from them, did fraudulently represent and pretend to said plaintiffs, and did state to said plaintiffs, in writing, that he did not owe to exceed $2,500; that believing, etc., plaintiffs were deceived and were induced by means, etc., to deliver goods amounting in value to the sum of $1,353; that defendant obtained said goods of the value, etc., with intention to cheat and defraud said plaintiffs; that in truth and fact, said defendant did owe to exceed $2,500, and did owe upwards of $5,500. | [
29,
-8,
26,
42,
58,
-22,
4,
24,
28,
-2,
16,
-61,
-9,
15,
19,
29,
58,
-21,
70,
-25,
-9,
-45,
42,
-28,
28,
-18,
54,
-17,
9,
-39,
25,
10,
-11,
-23,
6,
-23,
23,
-43,
32,
-42,
-21,
-21,
35,
17,
-28,
-28,
-76,
-59,
8,
-25,
33,
-2,
31,
14,
-42,
-10,
0,
-20,
-21,
23,
1,
-59,
7,
-38,
-73,
10,
2,
32,
17,
22,
42,
-14,
24,
37,
8,
-34,
-34,
-5,
-17,
13,
2,
9,
19,
-25,
-25,
25,
3,
4,
28,
-14,
-39,
-3,
-23,
-27,
-7,
-25,
27,
48,
20,
38,
21,
0,
-42,
41,
21,
33,
31,
7,
-39,
23,
66,
-15,
-26,
-13,
-23,
-3,
-35,
4,
-28,
-66,
-13,
-4,
29,
47,
-2,
-3,
23,
-14,
-27,
9,
30,
17,
-30,
55,
12,
5,
-5,
-29,
16,
-69,
10,
20,
-23,
4,
2,
0,
55,
3,
-21,
16,
-3,
-24,
28,
27,
22,
3,
6,
-18,
-11,
-36,
28,
19,
-21,
1,
-12,
-47,
18,
-4,
19,
-59,
73,
30,
-33,
-15,
-38,
16,
4,
-37,
12,
-1,
-44,
75,
-42,
-8,
56,
-41,
-38,
-11,
46,
-40,
-8,
-24,
37,
19,
33,
-12,
19,
-45,
40,
-11,
19,
-4,
21,
33,
-7,
22,
-33,
-30,
-28,
10,
0,
-4,
10,
-68,
-23,
5,
-8,
-17,
41,
18,
-4,
-12,
-20,
20,
-13,
-7,
27,
10,
42,
39,
-24,
14,
4,
14,
32,
-16,
-5,
7,
19,
4,
-37,
22,
2,
-87,
-9,
34,
-5,
4,
5,
-31,
18,
49,
-9,
59,
-75,
21,
12,
16,
-48,
11,
-43,
30,
15,
38,
24,
-31,
21,
2,
15,
13,
9,
-25,
-23,
15,
51,
-17,
-40,
-8,
-28,
-78,
-3,
-5,
-65,
-8,
-48,
-10,
35,
-38,
3,
-19,
24,
63,
9,
20,
57,
-16,
-4,
52,
-16,
2,
-13,
-21,
6,
16,
-67,
-4,
2,
8,
-22,
-34,
46,
78,
27,
-11,
29,
3,
4,
-14,
-15,
-24,
-1,
64,
-3,
46,
-45,
-35,
37,
24,
28,
28,
0,
2,
-50,
-44,
-10,
19,
-22,
-41,
-58,
-25,
39,
0,
31,
-38,
-89,
58,
-1,
-72,
-29,
35,
-66,
-8,
-13,
-36,
6,
67,
-5,
25,
33,
54,
22,
-25,
21,
-35,
44,
109,
-11,
-4,
10,
16,
-66,
11,
-122,
-10,
-7,
-51,
-35,
23,
-26,
48,
-5,
-9,
2,
16,
-15,
9,
-20,
-47,
-2,
-40,
-13,
42,
0,
23,
-7,
35,
-23,
-37,
-23,
-7,
-48,
65,
48,
-42,
-23,
1,
45,
-6,
3,
54,
-13,
-24,
13,
-2,
-9,
0,
15,
31,
1,
15,
51,
-10,
-13,
29,
68,
1,
-9,
7,
25,
-40,
-35,
4,
27,
21,
-26,
-7,
15,
-31,
10,
-16,
9,
1,
-15,
36,
4,
-5,
-29,
-2,
16,
-24,
20,
12,
-2,
41,
11,
-2,
55,
32,
-3,
-7,
-8,
14,
4,
34,
7,
-40,
-35,
-8,
10,
26,
13,
17,
55,
-20,
-73,
-11,
-2,
-10,
-24,
-19,
-42,
28,
57,
-52,
7,
35,
4,
18,
-13,
-1,
19,
-52,
-7,
34,
-54,
-8,
-28,
-25,
-14,
71,
-18,
32,
9,
12,
-35,
-1,
3,
8,
37,
12,
-19,
-24,
-1,
16,
-12,
-15,
21,
-19,
3,
28,
6,
-5,
-53,
7,
10,
13,
27,
26,
-12,
-27,
-37,
14,
9,
-23,
-51,
-1,
-10,
5,
0,
-32,
-6,
40,
-8,
-8,
38,
-2,
7,
-26,
54,
-1,
-14,
-17,
56,
12,
-63,
-30,
24,
-25,
-28,
-48,
-21,
-3,
-27,
6,
-16,
-40,
35,
26,
-10,
2,
-12,
-87,
-13,
53,
41,
27,
15,
-27,
16,
-5,
8,
2,
-7,
-22,
-32,
89,
7,
36,
-32,
4,
-4,
33,
-19,
23,
-11,
-39,
2,
-15,
-3,
31,
31,
6,
-34,
-22,
0,
1,
2,
44,
-5,
-28,
27,
5,
26,
-34,
6,
-3,
20,
-6,
0,
20,
31,
6,
17,
25,
30,
-26,
-48,
-29,
26,
-10,
46,
-63,
27,
25,
3,
19,
-9,
53,
13,
-53,
-7,
31,
-6,
-30,
-37,
-9,
34,
-54,
30,
-20,
13,
-26,
12,
-17,
20,
-3,
-2,
-18,
23,
40,
-24,
-23,
35,
29,
14,
14,
23,
20,
6,
1,
-13,
-67,
14,
-19,
18,
-2,
14,
46,
-5,
-26,
-9,
-17,
11,
35,
-57,
49,
-33,
24,
2,
-16,
4,
-13,
-6,
-13,
16,
27,
-51,
-10,
1,
-5,
31,
-39,
-40,
-8,
-5,
16,
40,
29,
11,
61,
-19,
0,
-29,
-1,
30,
-26,
40,
26,
-38,
-41,
-21,
-13,
12,
52,
-28,
39,
13,
28,
17,
11,
3,
0,
-22,
5,
-1,
28,
-30,
-28,
-9,
-23,
16,
0,
15,
-8,
42,
29,
-13,
41,
35,
0,
22,
-55,
14,
28,
-27,
26,
-66,
-8,
20,
7,
-72,
77,
-57,
1,
-22,
8,
-49,
14,
-16,
21,
-24,
-43,
70,
-24,
-6,
17,
33,
-31,
-1,
-1,
14,
34,
-46,
3,
69,
-60,
0,
-59,
6,
60,
-4,
-77,
-25,
47,
-35,
-22,
12,
-28,
-19,
-4,
-19,
-44,
-62,
30,
35,
3,
-14,
10,
2,
-73,
-53,
-35,
1,
-17,
-51,
-26,
5,
-15,
-9,
-21,
-12,
17,
11,
-4,
-12,
-13,
-37,
-7,
-41,
-36,
12,
-53,
-12,
-17,
-32,
36,
-12,
-78,
10,
-35,
13,
-14,
-18,
22,
35,
-47,
-20,
34,
-54,
-42,
17,
-4,
47,
-3,
-50,
-17,
53,
27,
23,
-53,
2,
-16,
25,
-43,
4,
-61,
0,
37,
26,
25,
52,
-13,
14,
30,
5,
40,
32,
-24,
31,
14,
-15,
-38,
-42,
11,
-33,
-5,
37,
-14,
-17,
16,
38,
-41,
-4,
44,
46,
24,
24,
-48,
68,
70,
9,
20,
-27,
1,
18,
13,
-6,
-16,
-8,
-7,
49,
10,
39,
-38,
13,
1,
78,
16,
-41,
21,
15,
-14,
-22,
-4,
3,
-28,
18,
6,
2,
29,
-25,
6,
7,
24,
46,
-20,
9,
-25,
29,
8,
-14,
-40,
21,
-11,
-44,
-1,
-30,
16,
84,
32,
-27,
51,
20,
38,
6,
-60,
26,
-2,
-13,
33,
-7,
29,
-10,
7,
12,
39,
-1,
-11,
-17,
13,
58,
-7,
-88,
-21,
-31,
-51,
51,
-8,
-36,
-15,
4,
-16,
-14,
-14,
50,
26,
-10,
17,
-6,
-20,
6,
6,
-49,
-15,
-25,
-30,
-4,
-41,
-38,
38,
-60,
-1,
2,
-17,
-10,
-61,
-10,
33,
8,
0,
-29,
-79,
46,
16,
6,
27,
30,
16,
68,
-51,
-3,
-18,
16,
6
] |
To vacate an order granting complainant, in a foreclosure proceeding in chancery, after sale, a deficiency, and the insolvency of the mortgagor, leave to bring suit at law against an indorser of the note.
Denied June 30, 1896, with costs. | [
-21,
4,
-46,
30,
4,
0,
31,
42,
10,
-5,
15,
-34,
-2,
-33,
-28,
31,
-4,
-28,
9,
3,
-40,
-2,
-52,
-17,
32,
20,
55,
-43,
-3,
-28,
25,
-16,
-55,
33,
-8,
-49,
-14,
-30,
3,
18,
4,
-61,
60,
10,
-39,
-27,
-34,
-31,
-63,
22,
-20,
-27,
6,
12,
-1,
34,
17,
-14,
-29,
-22,
7,
-37,
24,
51,
-51,
27,
-36,
-27,
-30,
-38,
-3,
-17,
40,
-23,
30,
-83,
16,
-37,
-31,
26,
98,
-47,
10,
-16,
17,
11,
19,
-29,
-37,
3,
-34,
83,
-27,
-2,
-48,
20,
-3,
65,
53,
20,
-25,
13,
-1,
11,
-16,
-11,
-30,
-47,
-78,
-26,
-20,
-29,
41,
-26,
-31,
37,
-63,
-26,
36,
-37,
-18,
4,
29,
-67,
53,
40,
-20,
-33,
-15,
12,
-25,
7,
-42,
62,
-8,
-41,
98,
-59,
-40,
-26,
4,
1,
2,
-16,
-21,
-24,
70,
-43,
-34,
19,
-21,
58,
-47,
38,
-38,
39,
11,
-3,
10,
-43,
45,
2,
-3,
-45,
29,
-9,
-19,
63,
34,
27,
9,
31,
-34,
-12,
-29,
-39,
13,
2,
0,
-39,
16,
-10,
4,
-4,
63,
2,
-57,
38,
13,
21,
-9,
8,
9,
10,
-1,
5,
10,
-23,
47,
14,
-14,
9,
-35,
-40,
2,
-5,
47,
13,
2,
27,
-29,
22,
-56,
0,
39,
-25,
56,
40,
1,
11,
18,
45,
-38,
34,
-32,
7,
-7,
27,
44,
50,
2,
48,
-2,
33,
50,
13,
55,
20,
32,
24,
-34,
59,
-7,
0,
-23,
-40,
-70,
28,
16,
-46,
18,
27,
-7,
34,
13,
36,
-61,
45,
-39,
-29,
-4,
22,
-19,
-19,
26,
28,
4,
12,
30,
-5,
36,
-10,
7,
17,
10,
40,
-19,
-6,
-20,
1,
-15,
11,
-46,
25,
-29,
16,
26,
24,
-15,
-5,
-31,
-2,
12,
9,
3,
0,
-63,
20,
17,
-16,
-30,
-60,
-38,
-20,
-13,
-6,
16,
-35,
29,
-33,
5,
48,
-12,
-16,
52,
25,
-9,
-4,
-37,
18,
62,
29,
-36,
13,
28,
27,
36,
-16,
28,
12,
-16,
-23,
-26,
-36,
-2,
78,
7,
-58,
-1,
35,
34,
31,
-37,
-1,
3,
15,
2,
-35,
8,
79,
-18,
11,
-68,
19,
3,
51,
-61,
-8,
-24,
53,
31,
-36,
-29,
-4,
30,
-39,
-9,
-14,
-6,
16,
3,
-13,
-22,
-83,
-11,
39,
-32,
-9,
-36,
0,
19,
-63,
-11,
0,
57,
54,
-41,
5,
-3,
-19,
-7,
2,
33,
-36,
59,
-12,
-16,
16,
-36,
2,
-22,
21,
-81,
75,
-12,
33,
29,
-63,
5,
52,
23,
13,
6,
14,
-49,
16,
28,
9,
56,
11,
8,
-37,
-34,
35,
-26,
-4,
15,
-30,
35,
53,
12,
46,
23,
-20,
51,
28,
33,
-55,
-16,
11,
18,
-10,
61,
50,
14,
-4,
-65,
-50,
-45,
7,
-22,
-6,
-9,
4,
13,
-24,
57,
25,
-61,
7,
71,
-27,
-1,
37,
-31,
-2,
-8,
-20,
-25,
27,
-34,
-12,
-8,
-22,
-44,
0,
-29,
5,
-37,
45,
-35,
33,
0,
-6,
54,
-15,
-6,
-19,
3,
-17,
-35,
37,
39,
51,
-16,
7,
-76,
-78,
17,
55,
-23,
41,
-28,
18,
6,
-11,
13,
0,
6,
24,
-6,
-35,
8,
-22,
27,
65,
-6,
-10,
-36,
-27,
0,
-4,
-57,
-22,
23,
44,
-17,
12,
30,
22,
-11,
9,
40,
61,
-38,
-4,
-2,
2,
-3,
17,
-31,
31,
54,
69,
52,
33,
-24,
32,
19,
14,
15,
-27,
-3,
41,
-27,
8,
27,
-27,
39,
9,
15,
32,
-2,
-37,
-9,
-20,
75,
-5,
-71,
6,
-9,
-21,
-32,
35,
19,
-29,
-38,
-9,
30,
-22,
-8,
15,
6,
-27,
35,
-19,
-33,
-43,
-34,
46,
-18,
34,
-36,
-55,
-42,
-1,
-36,
30,
4,
35,
-36,
2,
14,
-25,
-8,
-9,
-28,
26,
0,
3,
17,
26,
-28,
28,
12,
25,
26,
22,
27,
2,
25,
23,
39,
18,
-25,
-50,
9,
-34,
-26,
38,
-11,
60,
72,
23,
13,
78,
58,
-7,
24,
-61,
-32,
-1,
-25,
-59,
-57,
18,
2,
-45,
57,
-32,
25,
15,
-16,
0,
62,
12,
14,
-64,
53,
-6,
-42,
-51,
-51,
-29,
-10,
-28,
-25,
47,
-2,
-37,
-13,
10,
-2,
4,
-21,
30,
-21,
25,
3,
-26,
15,
8,
27,
18,
-17,
-22,
39,
-12,
10,
12,
56,
-37,
4,
15,
45,
-2,
10,
64,
31,
21,
-1,
-49,
55,
21,
47,
22,
-62,
-24,
-4,
-38,
-2,
26,
-3,
-78,
87,
-47,
25,
11,
1,
-13,
38,
-32,
21,
8,
-48,
14,
28,
2,
8,
-89,
-25,
-35,
-6,
4,
-33,
17,
-29,
-25,
-19,
-28,
-25,
-22,
37,
-4,
1,
17,
-53,
1,
-30,
4,
53,
-31,
-34,
37,
-4,
-64,
-55,
-25,
4,
12,
-16,
7,
15,
-8,
-8,
58,
3,
-20,
54,
-7,
-31,
-27,
29,
-42,
32,
-17,
5,
16,
76,
-10,
11,
-81,
-34,
0,
49,
-17,
34,
62,
23,
-9,
23,
-52,
-63,
-17,
-65,
1,
20,
-58,
-15,
-19,
-12,
-31,
3,
-2,
29,
29,
-29,
42,
-38,
-43,
-6,
-31,
-44,
-23,
0,
1,
-2,
60,
-35,
-29,
19,
23,
-15,
62,
-12,
23,
-23,
10,
-28,
34,
29,
-64,
64,
-24,
-28,
-43,
27,
44,
49,
13,
-32,
-52,
0,
5,
26,
-37,
-26,
-6,
36,
-46,
25,
15,
-41,
-1,
-33,
-11,
1,
-45,
21,
-11,
30,
15,
26,
-24,
0,
-26,
-1,
-17,
46,
-28,
45,
-34,
-11,
-11,
19,
11,
89,
-51,
43,
3,
-8,
-25,
-45,
24,
-22,
40,
-19,
14,
-31,
39,
40,
-32,
-39,
17,
15,
-9,
33,
-57,
-28,
28,
-42,
-38,
4,
8,
4,
-29,
-24,
1,
3,
22,
63,
-20,
-28,
-34,
66,
-1,
3,
37,
-19,
-31,
34,
23,
-51,
-48,
44,
-44,
42,
34,
28,
-39,
10,
43,
-3,
20,
11,
-48,
-22,
-2,
33,
36,
38,
0,
13,
-3,
-30,
52,
23,
-13,
66,
56,
-46,
20,
7,
7,
10,
70,
-33,
-59,
-35,
-21,
-49,
-14,
31,
-33,
33,
45,
23,
17,
-19,
-2,
6,
59,
8,
-20,
-87,
23,
0,
-56,
37,
-9,
30,
-75,
-16,
-10,
-24,
42,
-3,
-10,
-10,
-53,
2,
13,
-36,
-6,
-13,
41,
-27,
-1,
6,
67,
-16,
-20,
-20,
-49,
-23,
-32,
38,
11,
-29,
14,
4,
-7,
55,
67,
-11,
-3,
-54,
15,
12,
1,
0,
-16,
-46,
43
] |
To vacate an order restraining the issuance of certain bonds under a charter provision, authorizing such issue, provided the electors “shall have authorized the issue by a majority of their votes cast at any regular election;” where the number of votes cast at said election was 12,579, but the total vote cast upon the question of bonding the city was 7,024, of which but 3,874 voted in favor of the issue, which was not a majority of all the votes cast.
Denied March 24, 1896, without costs.
Note. — See McGoodwin vs. Franklin (Ky.), 38 S. W., 481. | [
43,
-22,
-47,
18,
-3,
50,
14,
43,
9,
-32,
-27,
-17,
10,
32,
-83,
54,
27,
-12,
24,
28,
-12,
-33,
-63,
8,
-13,
42,
23,
4,
-64,
-83,
0,
-5,
-34,
9,
-37,
-23,
-34,
23,
38,
-49,
33,
-11,
-17,
-5,
-22,
-18,
-56,
-72,
-27,
25,
-88,
-24,
-3,
40,
24,
59,
64,
-36,
-92,
33,
-37,
-19,
20,
50,
-47,
-47,
13,
8,
-20,
-38,
17,
-32,
-46,
-21,
53,
17,
41,
-41,
-22,
42,
15,
0,
14,
10,
13,
5,
-35,
-2,
3,
42,
-23,
-15,
-36,
-12,
-12,
37,
0,
-26,
21,
-50,
25,
-42,
-16,
-21,
-30,
-31,
58,
2,
58,
-3,
-35,
-64,
9,
15,
-48,
43,
-23,
18,
-9,
-5,
48,
22,
10,
-36,
-35,
-53,
-4,
-3,
-81,
-84,
-34,
67,
5,
-7,
0,
6,
43,
2,
36,
31,
58,
23,
28,
-7,
9,
-40,
67,
-4,
-22,
-26,
-58,
28,
-22,
32,
-50,
-2,
24,
-18,
-22,
-71,
-16,
51,
31,
-17,
14,
-22,
-89,
0,
3,
54,
14,
18,
-3,
0,
-4,
-43,
-60,
-11,
-26,
15,
-33,
23,
-16,
33,
39,
45,
-22,
-7,
5,
29,
3,
3,
6,
14,
14,
-1,
17,
19,
-17,
34,
54,
36,
-27,
14,
-9,
-8,
-38,
42,
-14,
34,
-20,
-31,
-7,
16,
70,
23,
2,
-7,
58,
-55,
-10,
45,
-41,
40,
-58,
-98,
32,
17,
-51,
15,
29,
62,
0,
5,
50,
24,
-24,
-38,
3,
12,
-41,
52,
22,
35,
-8,
-44,
-20,
14,
7,
-6,
15,
-58,
24,
35,
29,
71,
-51,
-4,
26,
-18,
44,
21,
-6,
-29,
-44,
-27,
50,
-14,
36,
31,
-7,
15,
-4,
-32,
10,
103,
7,
-51,
-29,
-32,
-72,
-8,
-20,
84,
-8,
36,
24,
32,
-35,
-34,
-15,
-16,
47,
27,
18,
-29,
3,
68,
17,
-10,
44,
48,
5,
16,
7,
3,
5,
-27,
56,
27,
-10,
15,
-46,
38,
42,
-2,
59,
-15,
-15,
-12,
-40,
-20,
-16,
-40,
-6,
-14,
-14,
29,
8,
-5,
25,
1,
19,
-36,
3,
-12,
34,
2,
2,
7,
2,
0,
11,
6,
13,
-29,
-37,
-35,
-10,
43,
-46,
25,
-32,
14,
-62,
10,
-45,
15,
-3,
6,
-36,
-7,
-18,
45,
43,
-93,
23,
8,
51,
25,
-24,
19,
-26,
26,
73,
32,
0,
11,
-65,
1,
16,
33,
42,
-35,
87,
10,
22,
0,
-43,
-38,
44,
6,
-73,
-33,
26,
12,
-20,
-47,
0,
22,
29,
19,
-77,
23,
-60,
-22,
-13,
4,
35,
-32,
-14,
11,
5,
-43,
-32,
5,
-13,
32,
51,
20,
4,
-31,
-23,
-9,
-43,
-26,
6,
30,
-69,
37,
-57,
-32,
11,
-9,
-36,
-68,
0,
-48,
-34,
1,
11,
-3,
31,
24,
10,
-56,
-38,
14,
-19,
42,
-10,
20,
-48,
4,
31,
10,
-9,
-23,
-20,
0,
-21,
-16,
-4,
55,
-25,
73,
-57,
-38,
9,
-28,
6,
12,
-6,
33,
-34,
-17,
-14,
-7,
-35,
33,
-13,
2,
-40,
-29,
-6,
-21,
16,
34,
-15,
23,
-40,
57,
17,
-24,
31,
34,
41,
7,
13,
43,
-12,
55,
-64,
79,
10,
-23,
18,
-2,
-29,
13,
54,
2,
-33,
55,
12,
25,
-22,
-5,
-6,
3,
-39,
3,
-68,
14,
71,
55,
-9,
-42,
8,
9,
-31,
23,
-24,
79,
-44,
-21,
-68,
19,
-26,
28,
3,
47,
45,
32,
33,
-9,
-15,
-9,
6,
-15,
-45,
-2,
-8,
-15,
-19,
-24,
-24,
-25,
-26,
14,
-12,
-22,
-32,
-52,
-31,
0,
1,
-25,
-26,
8,
41,
-7,
-67,
50,
67,
-24,
-9,
42,
35,
41,
0,
-10,
-8,
-8,
39,
-28,
-50,
-37,
-12,
24,
-59,
-16,
-12,
4,
3,
3,
24,
76,
12,
32,
-23,
26,
1,
-14,
-9,
-6,
-9,
5,
9,
-18,
22,
17,
15,
-2,
21,
43,
6,
-25,
4,
-59,
-22,
29,
-11,
-4,
-6,
-42,
-8,
-48,
-3,
40,
-33,
-23,
-43,
15,
-21,
41,
-38,
69,
68,
-31,
-20,
-15,
-2,
-58,
-7,
21,
-34,
-24,
24,
16,
-25,
-12,
16,
7,
22,
19,
-15,
28,
60,
-25,
27,
36,
67,
-56,
-11,
11,
8,
30,
22,
29,
-21,
4,
-14,
-79,
52,
34,
31,
33,
-16,
-1,
-25,
23,
-33,
36,
-11,
-48,
-20,
-9,
1,
-45,
70,
-7,
65,
-1,
11,
3,
-75,
-7,
-23,
36,
20,
11,
-24,
46,
-11,
-30,
-15,
-12,
-24,
-6,
39,
-18,
-16,
16,
68,
-26,
26,
35,
27,
-30,
32,
-2,
0,
26,
-66,
20,
-51,
-40,
52,
-44,
-70,
-33,
2,
-2,
-11,
69,
18,
15,
1,
-70,
-55,
6,
-22,
25,
2,
57,
-54,
8,
-33,
-2,
36,
-41,
0,
43,
0,
-8,
-75,
10,
71,
5,
-27,
3,
-13,
40,
16,
-20,
-23,
25,
41,
-18,
47,
-46,
10,
1,
0,
0,
-6,
-14,
11,
12,
-26,
-38,
-31,
-22,
-52,
-53,
34,
57,
-49,
-4,
75,
-43,
-17,
47,
0,
11,
-24,
-29,
0,
-6,
-33,
53,
-46,
12,
-46,
-12,
-22,
64,
-41,
-11,
-41,
-27,
0,
-15,
72,
-25,
-3,
29,
-55,
-32,
-15,
-12,
-6,
24,
-45,
30,
4,
76,
21,
8,
55,
52,
65,
-55,
21,
-73,
-16,
-6,
43,
-17,
-44,
-27,
18,
-30,
-12,
10,
-42,
40,
32,
19,
-5,
48,
-18,
-21,
-36,
3,
64,
-27,
37,
53,
61,
47,
5,
-30,
-4,
-14,
26,
-60,
60,
-4,
30,
-56,
36,
6,
-3,
34,
16,
15,
22,
25,
-33,
37,
35,
16,
61,
-8,
-6,
-5,
61,
19,
56,
-26,
-25,
5,
16,
4,
117,
-22,
-15,
13,
-15,
-32,
-27,
-21,
-2,
-44,
72,
40,
24,
-66,
39,
34,
8,
-34,
-7,
-26,
-50,
40,
-9,
45,
69,
-4,
1,
-44,
-71,
-11,
0,
18,
13,
1,
-6,
10,
-26,
-20,
-44,
-13,
28,
20,
57,
41,
18,
-4,
-48,
-74,
-93,
56,
-13,
16,
16,
-29,
-46,
-2,
90,
-26,
-5,
29,
-32,
-23,
-15,
-10,
24,
56,
27,
-18,
34,
48,
-17,
-11,
-29,
3,
15,
45,
-2,
-13,
-84,
17,
-32,
-55,
-9,
-6,
78,
56,
44,
-21,
-39,
16,
33,
-14,
-14,
-7,
44,
5,
-26,
-49,
-50,
11,
-55,
-14,
-15,
42,
20,
16,
-15,
-19,
-76,
-24,
31,
-12,
30,
12,
-8,
-24,
-13,
39,
41,
41,
-31,
57,
-3,
-61,
55,
-6,
-32,
21
] |
To compel the appointment of special drain commissioners.
Granted October 26, 1892, without costs.
On presentation of the petition therefor, the judge of probate issued a citation to the several persons to be affected by said drain, and fixed the time and place of hearing on said petition; at the time appointed, the judge of probate determined that he was disqualified, adjourned the hearing, and called in the circuit judge, who held that the probate judge was not competent to issue the citation. Held that the issuance of the citation involved no exercise of judicial function, and that upon the day fixed for the hearing the circuit judge, acting as probate judge, naturally reviewed the whole matter set forth in the petition, under 3 How. Stat., Sec. 1740-C2. | [
31,
36,
43,
-26,
-14,
15,
-3,
21,
-16,
19,
40,
-84,
31,
-8,
-11,
-18,
0,
-2,
-12,
-53,
-15,
10,
23,
84,
0,
-5,
-35,
15,
-34,
5,
27,
0,
-29,
37,
47,
-35,
7,
-7,
48,
31,
11,
-33,
-4,
-20,
-14,
7,
10,
33,
-37,
-3,
-55,
-14,
-35,
-2,
9,
-15,
-44,
-43,
17,
3,
-42,
42,
30,
22,
-6,
60,
-50,
9,
-3,
20,
-32,
-25,
7,
3,
65,
27,
-7,
-7,
-26,
4,
12,
47,
24,
-44,
17,
-33,
-7,
-37,
25,
14,
8,
30,
22,
-5,
-11,
-15,
2,
-1,
48,
27,
-15,
-55,
9,
11,
20,
-46,
-56,
27,
-42,
-3,
55,
-12,
-4,
-11,
-31,
2,
-7,
10,
-16,
-50,
-24,
24,
-1,
6,
-80,
-6,
-4,
-29,
2,
62,
-16,
20,
33,
-64,
43,
55,
-2,
-36,
-30,
-17,
7,
1,
21,
-19,
15,
-7,
30,
13,
-7,
26,
8,
20,
30,
36,
-12,
33,
14,
-64,
27,
-10,
23,
32,
3,
-24,
-43,
27,
0,
-13,
-30,
-28,
17,
56,
30,
4,
-1,
-115,
65,
7,
22,
-18,
7,
0,
35,
3,
23,
30,
-25,
0,
-4,
9,
-4,
-31,
53,
-41,
-13,
8,
10,
-20,
67,
28,
-23,
11,
-21,
-28,
14,
16,
-62,
47,
-29,
-3,
22,
2,
16,
8,
-15,
33,
38,
-4,
25,
-18,
27,
16,
18,
0,
-33,
0,
16,
-26,
-2,
10,
14,
-11,
13,
27,
70,
23,
-1,
-28,
-32,
-6,
-3,
34,
5,
15,
-38,
6,
21,
24,
-25,
13,
42,
0,
-14,
43,
13,
51,
-41,
19,
11,
-4,
21,
-4,
-9,
0,
-41,
-37,
18,
-5,
52,
6,
-32,
0,
58,
7,
27,
-25,
-68,
2,
-3,
-1,
27,
5,
-12,
0,
-60,
28,
-49,
0,
51,
98,
16,
9,
-44,
47,
69,
45,
25,
13,
6,
-33,
13,
-16,
-13,
19,
34,
16,
-16,
3,
1,
21,
53,
55,
-19,
32,
0,
20,
-9,
-13,
1,
-8,
3,
-32,
-45,
-16,
-51,
1,
53,
62,
17,
25,
31,
-12,
-7,
-63,
69,
-21,
56,
12,
-16,
0,
14,
-61,
-12,
22,
27,
-33,
-6,
-13,
-29,
17,
-75,
14,
-25,
-5,
-11,
-58,
25,
-69,
0,
8,
-13,
-36,
-4,
-51,
21,
-20,
-3,
-45,
30,
-53,
54,
-3,
-19,
-11,
11,
24,
33,
8,
-11,
10,
-33,
48,
-14,
-2,
13,
11,
-13,
56,
-38,
4,
13,
60,
-38,
-51,
-9,
60,
4,
33,
-44,
20,
-49,
33,
-55,
45,
-13,
89,
-30,
-42,
22,
25,
59,
-14,
27,
10,
29,
-6,
34,
-21,
62,
5,
-19,
-6,
-38,
-12,
-39,
-19,
23,
58,
28,
-17,
10,
9,
39,
-14,
7,
4,
-36,
-10,
-44,
25,
-21,
22,
3,
21,
6,
25,
31,
3,
19,
-5,
43,
15,
14,
30,
9,
8,
-4,
22,
-32,
-52,
-20,
27,
-32,
-23,
-37,
51,
-34,
78,
6,
8,
-91,
49,
36,
-27,
-9,
-38,
4,
13,
-8,
-40,
32,
-18,
-24,
-23,
2,
-32,
-35,
-42,
-35,
-37,
-20,
-43,
-38,
-26,
8,
-18,
2,
-35,
-69,
50,
51,
63,
-18,
-37,
-15,
-36,
-10,
24,
-15,
35,
2,
-20,
26,
17,
4,
35,
-33,
-36,
18,
-36,
48,
-50,
-102,
-58,
-11,
33,
-36,
42,
25,
-28,
42,
50,
7,
0,
-25,
-20,
-70,
4,
-11,
-4,
21,
51,
-12,
59,
-13,
-3,
-14,
-25,
-5,
-32,
27,
23,
-37,
-34,
-65,
-40,
-8,
-12,
-6,
-18,
21,
-30,
-3,
-23,
-18,
24,
19,
-15,
0,
-29,
24,
-1,
-28,
-16,
4,
21,
-6,
-25,
-20,
4,
-5,
-38,
38,
-38,
57,
14,
-49,
16,
22,
-5,
-51,
-33,
-6,
21,
-18,
-2,
19,
-28,
9,
21,
7,
46,
-10,
7,
34,
-24,
24,
45,
15,
-27,
18,
-41,
-3,
20,
0,
36,
19,
12,
-49,
-54,
-57,
-36,
-5,
-34,
7,
-23,
3,
8,
-18,
-8,
20,
9,
-46,
41,
-15,
45,
-35,
-21,
5,
24,
11,
5,
-11,
-57,
9,
0,
35,
-38,
20,
13,
38,
65,
14,
-26,
16,
17,
32,
-12,
20,
-16,
43,
-37,
-4,
11,
21,
46,
-49,
35,
-34,
-27,
38,
-31,
0,
24,
36,
-8,
16,
34,
-16,
-31,
-4,
-26,
-20,
-38,
-4,
-14,
23,
31,
-4,
-7,
53,
-7,
-19,
7,
2,
-4,
7,
-2,
-7,
6,
38,
-27,
62,
29,
-14,
-28,
-17,
0,
-51,
10,
-64,
2,
-62,
30,
26,
-16,
10,
-41,
27,
-26,
15,
-3,
-44,
32,
-67,
46,
6,
-6,
26,
-14,
-41,
-4,
-15,
50,
7,
-21,
11,
-44,
0,
-13,
46,
13,
-24,
31,
3,
-6,
-25,
13,
-72,
53,
17,
-52,
-2,
-17,
-60,
41,
22,
-3,
-18,
-18,
0,
26,
16,
45,
9,
16,
-6,
-17,
-38,
68,
13,
-6,
23,
-55,
-5,
-5,
-29,
-51,
49,
-14,
1,
-28,
3,
15,
33,
-40,
40,
-28,
14,
-9,
-4,
-67,
-49,
-15,
-9,
-21,
27,
-24,
-6,
11,
21,
11,
21,
18,
2,
6,
0,
16,
-74,
-10,
4,
16,
-25,
-27,
-11,
-26,
-13,
38,
-24,
-11,
24,
2,
51,
-44,
-44,
17,
30,
-20,
-41,
41,
50,
-56,
3,
3,
34,
-18,
19,
51,
5,
-35,
-56,
12,
6,
-50,
-19,
37,
-11,
21,
-27,
42,
2,
22,
-2,
-16,
2,
-5,
16,
-7,
-17,
-18,
10,
55,
53,
-11,
17,
19,
29,
-12,
17,
3,
-6,
-6,
0,
-36,
-60,
22,
17,
3,
8,
-34,
-22,
-22,
9,
15,
-7,
-50,
-32,
61,
-2,
68,
5,
-30,
36,
54,
-1,
18,
4,
8,
-5,
4,
-19,
8,
-4,
-34,
-34,
-41,
-1,
38,
-13,
-11,
19,
-22,
-46,
-17,
-12,
-26,
7,
-13,
64,
7,
39,
29,
-14,
-34,
-14,
-37,
12,
-19,
7,
-14,
16,
-35,
33,
12,
43,
15,
-29,
34,
6,
-61,
-54,
-11,
12,
24,
-17,
-7,
-22,
18,
-10,
0,
-8,
-28,
11,
-23,
7,
50,
11,
-3,
8,
2,
-34,
-6,
68,
17,
4,
-38,
66,
-47,
-89,
28,
24,
20,
-10,
7,
35,
-9,
-1,
-1,
-14,
-15,
-5,
-30,
12,
16,
-24,
46,
3,
-79,
-34,
-23,
48,
-15,
85,
-39,
-36,
18,
-73,
16,
34,
39,
5,
48,
-75,
9,
22,
-20,
-1,
16,
-28,
-40,
-40,
-25,
-52,
55,
-21,
46,
9,
-44,
8,
-65,
5,
-33,
-42,
25
] |
To compel amendment of officer’s return to a writ of replevin.
Order to show cause denied April 5, 1892.
The return showed personal service by delivery of a certified copy of the writ to defendant, together with a copy of the inventory and appraisement.
Defendant filed an affidavit admitting the service upon him of papers, having this indorsement: "Of inventory and writ of attachment, a true copy, to which-1 do hereby certify. Wm. H. Smith, under-sheriff.”
Delator contended that the paper served was not a certified copy within the statute; that the character of the paper should appear in the certificate; that the certificate should set forth the comparison, and that the certificate should be that of the clerk of the court out of which the writ issued. | [
11,
-58,
50,
19,
24,
34,
-16,
-39,
-5,
48,
-27,
-53,
-14,
42,
-4,
5,
28,
2,
9,
-70,
-5,
-43,
11,
-14,
5,
-43,
6,
3,
-17,
-21,
-14,
7,
-19,
-43,
24,
-28,
-20,
-25,
23,
-19,
-20,
32,
41,
-17,
-37,
-2,
-35,
5,
-38,
-15,
4,
-40,
-19,
4,
-19,
30,
1,
-42,
47,
17,
14,
-10,
11,
24,
-62,
55,
-9,
-8,
0,
-35,
6,
-7,
65,
-2,
12,
-27,
-39,
-15,
-18,
31,
32,
0,
18,
-20,
-9,
31,
7,
-21,
36,
-21,
0,
22,
-59,
-2,
18,
-4,
-7,
11,
32,
-6,
-7,
12,
-10,
9,
-29,
-32,
14,
-56,
-17,
-28,
87,
-36,
9,
-29,
-7,
1,
-14,
-50,
32,
-38,
42,
14,
0,
-35,
-38,
-8,
24,
-46,
15,
4,
-6,
2,
19,
11,
1,
9,
25,
-28,
-22,
-42,
17,
42,
36,
-22,
-18,
3,
37,
22,
-69,
46,
19,
80,
35,
13,
0,
26,
46,
-6,
-21,
-32,
-16,
18,
-38,
-72,
13,
18,
23,
-33,
-27,
0,
9,
19,
1,
-25,
13,
9,
6,
57,
-8,
-22,
-19,
41,
45,
-41,
7,
-20,
-7,
-9,
26,
-4,
-31,
27,
55,
14,
-4,
36,
3,
-14,
19,
8,
0,
15,
-15,
-91,
-4,
-44,
73,
-49,
-20,
0,
-35,
12,
-38,
-23,
-45,
34,
7,
-3,
-25,
50,
-6,
20,
15,
18,
16,
-8,
0,
12,
14,
34,
22,
18,
-3,
-67,
6,
33,
39,
4,
11,
11,
-26,
31,
-4,
-43,
30,
-21,
16,
27,
19,
7,
13,
11,
-29,
13,
-28,
-13,
-6,
-2,
2,
20,
-57,
15,
49,
-3,
-15,
-29,
60,
33,
52,
44,
-26,
-25,
2,
14,
34,
19,
-15,
-6,
-30,
0,
8,
4,
-37,
-31,
-19,
0,
0,
-3,
22,
16,
5,
14,
0,
3,
-1,
21,
-21,
-4,
5,
-45,
4,
-46,
-8,
-1,
-41,
-27,
0,
-34,
2,
-1,
29,
45,
-9,
13,
0,
23,
0,
9,
-61,
5,
-40,
53,
6,
-53,
-15,
13,
23,
2,
38,
4,
14,
-26,
-9,
-34,
7,
33,
53,
-25,
5,
-1,
1,
22,
-7,
11,
-16,
21,
14,
-15,
17,
38,
-23,
24,
21,
23,
15,
-11,
-25,
23,
3,
66,
31,
-24,
-5,
-38,
16,
-8,
-48,
-18,
22,
18,
-44,
-11,
-19,
8,
1,
-3,
-35,
-45,
-12,
-3,
-50,
-41,
-39,
-34,
-25,
1,
47,
7,
-9,
3,
-12,
48,
-12,
-5,
-61,
0,
-6,
-11,
-19,
-16,
19,
60,
19,
8,
-2,
38,
-33,
16,
16,
58,
38,
2,
-26,
24,
-4,
-13,
11,
32,
49,
-8,
36,
-13,
-60,
0,
56,
-42,
-27,
44,
-3,
3,
-4,
-36,
49,
21,
-37,
1,
-6,
2,
51,
-11,
-19,
-51,
-94,
50,
-20,
13,
10,
19,
30,
-22,
-51,
2,
8,
-3,
32,
60,
57,
21,
20,
-11,
10,
10,
-6,
13,
2,
29,
-10,
-38,
7,
9,
-7,
5,
11,
-36,
-70,
-3,
7,
-38,
6,
-6,
10,
59,
12,
-29,
17,
-2,
-26,
25,
-8,
-3,
-9,
-24,
-17,
30,
-29,
45,
-40,
-23,
-15,
85,
-40,
10,
-10,
8,
35,
24,
-27,
4,
41,
32,
-6,
39,
35,
-13,
9,
44,
-36,
9,
-23,
-26,
14,
-10,
-70,
-8,
6,
36,
7,
52,
11,
11,
-12,
18,
-28,
-14,
-27,
36,
29,
-16,
-22,
5,
-28,
35,
29,
-14,
-41,
53,
-10,
-6,
9,
-9,
8,
69,
38,
44,
-72,
-34,
52,
-38,
-17,
14,
-21,
-19,
-38,
-33,
-13,
-20,
-6,
50,
-47,
-5,
17,
-51,
3,
14,
72,
0,
-13,
-26,
11,
-17,
0,
41,
9,
-64,
70,
0,
-7,
8,
-5,
0,
-62,
57,
-25,
-22,
-46,
15,
-75,
30,
25,
21,
23,
52,
1,
12,
19,
33,
14,
78,
-5,
-31,
5,
-14,
-5,
-2,
-8,
-27,
14,
-8,
30,
9,
-35,
10,
-21,
34,
-30,
-51,
5,
-32,
-4,
-9,
35,
0,
15,
-1,
-19,
4,
-8,
7,
-42,
-64,
0,
-7,
-4,
-36,
-33,
-10,
31,
8,
36,
0,
9,
18,
24,
-21,
18,
-17,
40,
-14,
40,
13,
-11,
-63,
-32,
-1,
35,
0,
16,
-7,
30,
-10,
-23,
-47,
-33,
6,
-7,
15,
20,
15,
32,
-16,
-13,
-13,
4,
10,
27,
32,
33,
45,
-17,
-37,
-46,
-13,
18,
3,
25,
23,
-90,
18,
-9,
15,
4,
-19,
-55,
10,
41,
-86,
-4,
-1,
34,
-12,
-24,
-38,
5,
-12,
8,
-37,
12,
54,
59,
-55,
12,
-29,
26,
29,
-24,
66,
-26,
-2,
14,
-7,
12,
11,
11,
-31,
-22,
-30,
3,
-19,
13,
-5,
-43,
-37,
45,
-41,
24,
0,
15,
41,
-39,
33,
43,
-23,
-27,
2,
-7,
37,
-16,
-57,
3,
21,
7,
47,
-37,
12,
-13,
67,
-54,
6,
2,
39,
18,
32,
40,
-33,
23,
-17,
24,
20,
90,
-1,
0,
-26,
-14,
12,
-13,
-46,
7,
-12,
-18,
-17,
35,
-61,
-40,
-4,
-49,
-18,
20,
-28,
-25,
12,
-39,
0,
10,
4,
61,
12,
5,
34,
-89,
-7,
-1,
1,
-35,
-44,
-39,
-42,
22,
28,
-52,
-23,
-4,
22,
34,
43,
-2,
-15,
19,
-7,
-56,
42,
23,
-64,
-24,
-30,
-9,
-28,
-8,
-32,
11,
-14,
-25,
28,
20,
-17,
5,
-27,
-19,
-4,
15,
-36,
3,
61,
-37,
24,
-21,
-5,
77,
-6,
-12,
-36,
0,
-1,
20,
-39,
42,
-30,
2,
-32,
41,
49,
68,
-22,
-57,
20,
17,
11,
45,
-7,
24,
11,
-22,
-29,
0,
2,
21,
-33,
16,
-2,
-42,
-14,
-2,
-17,
-2,
79,
21,
3,
5,
-18,
-6,
15,
-16,
-1,
-7,
58,
88,
-4,
0,
15,
-14,
-25,
33,
-37,
-24,
-16,
1,
-33,
24,
-19,
14,
-29,
40,
29,
-13,
-36,
29,
-31,
58,
32,
-4,
17,
-39,
-25,
63,
19,
41,
1,
31,
-37,
13,
28,
-22,
-32,
-17,
-11,
-51,
44,
-29,
71,
17,
8,
-56,
-17,
7,
14,
-48,
88,
23,
-5,
-42,
-27,
50,
21,
5,
11,
-30,
60,
16,
46,
-32,
-1,
9,
25,
-6,
-7,
-56,
13,
-16,
-27,
-37,
79,
-19,
-68,
-28,
-7,
2,
31,
-31,
-1,
-26,
-47,
26,
-11,
-12,
-37,
-55,
15,
-21,
32,
-56,
46,
-26,
-44,
-3,
-39,
6,
-59,
31,
-3,
-62,
17,
-38,
-65,
15,
56,
-6,
-4,
-14,
28,
8,
-18,
25,
-20,
30,
21
] |
To compel respondents to re-convene and canvass the votes cast for alderman according to the returns originally made by the inspectors, it appearing that the Board of Canvassers had received and acted upon an alleged corrected return, purporting to , have been made and signed some days after the first return had been filed with the city clerk.
Granted January 6, 1892. | [
27,
-13,
15,
-11,
26,
67,
-3,
26,
37,
-35,
-22,
-17,
-29,
26,
5,
25,
-25,
-33,
64,
-39,
6,
-44,
7,
-23,
0,
16,
20,
-52,
-71,
-22,
51,
41,
-29,
22,
5,
-68,
-21,
22,
23,
27,
-28,
-2,
-82,
-31,
-7,
33,
-63,
3,
6,
-19,
0,
-22,
-39,
15,
8,
29,
-38,
1,
-59,
-3,
24,
32,
0,
29,
51,
-8,
-14,
-26,
24,
7,
-13,
-71,
-7,
-22,
31,
30,
-10,
-8,
-86,
25,
14,
-9,
21,
-40,
18,
-15,
36,
-42,
51,
0,
43,
-68,
20,
4,
39,
-16,
-17,
11,
34,
56,
0,
-33,
6,
2,
-26,
-51,
26,
22,
-17,
-46,
37,
-20,
29,
13,
-7,
48,
27,
14,
9,
-46,
26,
-16,
-65,
-34,
1,
32,
-28,
-1,
-12,
33,
-63,
22,
17,
-69,
46,
27,
-23,
-21,
10,
10,
54,
57,
5,
-70,
-14,
-43,
9,
48,
-39,
42,
23,
2,
55,
20,
29,
-19,
-16,
-60,
62,
-14,
-44,
57,
-48,
-14,
-22,
28,
-16,
-42,
1,
24,
22,
4,
44,
-22,
-24,
-81,
-8,
50,
-34,
13,
-18,
-8,
32,
34,
79,
-25,
10,
9,
39,
0,
43,
-14,
34,
-18,
13,
-33,
50,
-14,
1,
-11,
-17,
27,
-40,
-21,
-22,
13,
41,
8,
-31,
29,
34,
-2,
-2,
-26,
4,
69,
33,
-28,
59,
20,
3,
2,
-3,
37,
-41,
42,
-20,
38,
-2,
30,
3,
31,
1,
-45,
22,
36,
8,
23,
12,
-32,
19,
38,
45,
33,
-3,
34,
4,
6,
4,
42,
61,
-26,
-8,
16,
-92,
-9,
-19,
13,
48,
-14,
-11,
14,
44,
-37,
-19,
-54,
39,
20,
8,
18,
-22,
0,
-1,
10,
-12,
24,
-15,
-83,
0,
25,
-37,
-49,
-1,
-8,
17,
-9,
-41,
-33,
48,
4,
-29,
45,
31,
42,
2,
17,
-33,
64,
40,
-76,
-30,
26,
-14,
-47,
39,
-24,
-7,
-34,
56,
21,
75,
-12,
-25,
45,
-26,
-5,
55,
7,
18,
1,
-10,
-14,
-7,
14,
-89,
-17,
26,
43,
15,
-40,
34,
-29,
-15,
-12,
64,
48,
67,
-1,
10,
-65,
53,
-42,
45,
-5,
1,
-4,
-36,
-57,
11,
13,
-25,
-5,
-27,
0,
-36,
43,
19,
34,
51,
5,
28,
1,
57,
-37,
22,
-45,
-8,
-30,
48,
-41,
-49,
-31,
-39,
27,
30,
7,
-55,
-12,
18,
5,
5,
11,
-8,
-62,
-26,
-13,
48,
-14,
-24,
-55,
20,
73,
-50,
12,
-7,
14,
-9,
-68,
-47,
-24,
-64,
59,
45,
74,
-6,
6,
-22,
21,
5,
42,
36,
16,
7,
-56,
16,
-83,
-13,
51,
52,
14,
56,
-29,
-82,
15,
0,
-1,
13,
66,
22,
-2,
-60,
-38,
6,
-34,
-42,
-62,
14,
-42,
23,
-37,
33,
-40,
-28,
64,
-13,
-3,
23,
-4,
7,
45,
6,
39,
20,
21,
38,
-9,
49,
18,
32,
-22,
-29,
-14,
-57,
20,
-15,
23,
-12,
41,
-16,
96,
-21,
-2,
19,
-26,
-68,
-45,
-9,
0,
6,
-51,
20,
11,
-34,
-8,
-25,
-44,
32,
25,
-62,
-44,
16,
-15,
20,
52,
72,
65,
-6,
-6,
7,
30,
12,
30,
-20,
18,
-33,
-18,
-67,
-35,
-3,
-39,
16,
-6,
-31,
7,
49,
41,
-47,
-9,
29,
-39,
-49,
-16,
-102,
-45,
52,
25,
72,
32,
-27,
-2,
-59,
-7,
-34,
-10,
-33,
3,
-49,
64,
-24,
13,
23,
54,
14,
-24,
33,
1,
-15,
41,
26,
-10,
8,
45,
-30,
-37,
-59,
-67,
-5,
-22,
22,
25,
-52,
-58,
13,
-14,
-36,
21,
25,
30,
-40,
-13,
26,
-21,
-2,
37,
28,
22,
-44,
0,
45,
-14,
-1,
19,
-3,
-25,
86,
19,
-18,
17,
-16,
-4,
-76,
-18,
-68,
78,
-8,
13,
-16,
69,
51,
-47,
26,
22,
-15,
-43,
19,
-58,
-47,
26,
28,
-26,
-18,
-19,
0,
8,
12,
28,
27,
44,
-2,
-10,
-77,
-9,
19,
22,
-31,
-41,
26,
-17,
-25,
59,
12,
-18,
-52,
29,
-46,
-50,
33,
-16,
74,
-20,
33,
-14,
-44,
-76,
-41,
65,
-34,
32,
40,
20,
22,
-26,
18,
-52,
18,
13,
33,
0,
52,
28,
19,
-18,
1,
32,
43,
-13,
19,
1,
18,
-5,
0,
-42,
16,
-18,
15,
6,
21,
38,
-53,
-39,
-35,
60,
-28,
83,
21,
-53,
-11,
3,
-61,
-37,
0,
-34,
10,
29,
39,
40,
-14,
-67,
46,
-26,
4,
37,
27,
61,
29,
-38,
16,
-5,
12,
-35,
21,
-37,
-30,
0,
-4,
-42,
-56,
55,
21,
-19,
-7,
-6,
5,
39,
-34,
40,
-47,
-4,
-32,
-4,
-41,
7,
-34,
-4,
-27,
-18,
14,
18,
21,
-34,
-10,
-18,
6,
5,
10,
31,
5,
37,
-65,
0,
-8,
-43,
-20,
-3,
7,
15,
-58,
1,
-25,
17,
-21,
25,
66,
5,
27,
54,
-39,
27,
-21,
37,
35,
36,
45,
-3,
16,
-14,
12,
-15,
64,
6,
1,
-10,
38,
-15,
-14,
-8,
-22,
-19,
-37,
-39,
-31,
-53,
-3,
15,
-25,
-22,
15,
-72,
36,
-22,
-69,
-40,
-29,
-27,
-19,
14,
10,
24,
-50,
-26,
-33,
3,
-40,
-26,
-19,
-103,
45,
14,
6,
-65,
15,
-7,
51,
21,
-2,
36,
-26,
-19,
-5,
29,
25,
11,
3,
9,
1,
-42,
-16,
11,
-6,
-8,
-56,
38,
9,
-16,
-52,
12,
-64,
19,
-13,
-48,
-15,
43,
23,
-8,
-59,
37,
82,
-42,
-1,
25,
-11,
47,
88,
-25,
-1,
9,
8,
-16,
37,
40,
6,
4,
0,
30,
-6,
55,
-23,
11,
5,
-46,
-70,
2,
-12,
-50,
-21,
-18,
25,
16,
2,
23,
21,
0,
50,
38,
48,
16,
18,
-4,
-37,
42,
-12,
25,
-9,
20,
-3,
-64,
-1,
-18,
-11,
-15,
26,
-34,
-13,
-36,
-7,
-78,
-12,
-6,
-8,
26,
32,
8,
-57,
-10,
2,
-54,
48,
-11,
-6,
-36,
-10,
-6,
-10,
63,
107,
46,
-1,
-19,
48,
29,
42,
-23,
0,
-8,
-55,
6,
-50,
63,
-14,
19,
15,
-2,
39,
15,
-24,
22,
18,
20,
-43,
56,
57,
-3,
61,
20,
5,
-7,
-17,
-63,
-25,
-14,
51,
69,
-19,
38,
-42,
0,
-72,
-81,
-27,
17,
45,
36,
66,
16,
-55,
41,
26,
-38,
-5,
-14,
6,
-71,
46,
-86,
-84,
-27,
-72,
3,
39,
28,
35,
54,
-35,
-77,
-21,
-6,
42,
-8,
22,
-55,
17,
-49,
24,
0,
6,
25,
33,
-36,
54,
-89,
3,
-88,
-3,
21
] |
To vacate orders striking from the files stipulations,' discontinuing certain causes, after judgment in each case, upon which counsel therein claim a lien for services.
Denied December 18, 1896, with costs. | [
-80,
7,
-4,
12,
7,
-5,
9,
28,
23,
-10,
-13,
1,
-11,
15,
-49,
47,
-28,
10,
-22,
0,
-23,
-25,
-11,
-30,
15,
-18,
67,
-59,
0,
-47,
23,
-32,
-49,
36,
-23,
-7,
-38,
21,
23,
-6,
-16,
-22,
56,
3,
-31,
-53,
-30,
-6,
-75,
24,
-77,
-55,
0,
0,
21,
20,
31,
14,
27,
-11,
-21,
-23,
15,
83,
-41,
-2,
-42,
-25,
-32,
26,
-26,
36,
7,
-5,
-5,
-53,
12,
-69,
-27,
42,
35,
9,
-30,
47,
-5,
-16,
25,
26,
24,
-33,
-69,
59,
-65,
73,
-62,
53,
-26,
71,
7,
3,
8,
36,
17,
-15,
-58,
-8,
-10,
-18,
-60,
-35,
-32,
-33,
34,
4,
-25,
19,
-21,
-28,
70,
-48,
39,
9,
44,
-69,
24,
16,
-8,
-18,
-11,
10,
-10,
18,
12,
24,
1,
-36,
84,
-9,
-89,
-6,
9,
8,
18,
34,
-25,
-1,
89,
6,
-41,
-21,
-4,
51,
33,
16,
-40,
-10,
46,
-33,
49,
-13,
61,
19,
8,
-79,
56,
-33,
3,
72,
62,
-11,
12,
35,
-46,
-28,
0,
-16,
24,
13,
0,
-10,
-24,
5,
5,
2,
84,
-11,
-64,
71,
7,
-9,
-34,
-15,
47,
5,
-25,
-34,
14,
-9,
56,
46,
16,
-3,
-60,
-37,
11,
-16,
-2,
43,
35,
42,
-43,
7,
-51,
-34,
37,
-21,
15,
-10,
20,
-6,
-33,
49,
-61,
-11,
-6,
12,
29,
-6,
54,
39,
-48,
36,
-13,
20,
32,
-4,
41,
50,
7,
28,
3,
38,
-35,
19,
-38,
0,
-42,
13,
20,
-77,
-24,
0,
-13,
-7,
6,
18,
-37,
0,
-11,
-22,
-8,
48,
21,
-25,
20,
8,
-21,
-5,
98,
-9,
41,
-35,
13,
8,
37,
57,
-16,
-55,
-30,
-8,
-29,
19,
3,
-1,
-97,
12,
49,
12,
-27,
6,
-16,
-45,
2,
52,
6,
-18,
3,
21,
16,
-78,
-14,
-91,
8,
28,
12,
-53,
23,
-75,
49,
-12,
-40,
-32,
-21,
26,
38,
6,
8,
-23,
-45,
-1,
50,
13,
-32,
48,
7,
26,
36,
6,
32,
37,
32,
-2,
-24,
-12,
-33,
47,
-10,
-3,
3,
40,
12,
-8,
-103,
6,
-22,
-16,
31,
-27,
47,
57,
-26,
17,
-29,
20,
20,
47,
-88,
-34,
-48,
57,
-13,
-40,
0,
-4,
30,
-1,
-19,
-15,
42,
19,
9,
2,
-38,
-52,
28,
25,
11,
-23,
-47,
-13,
-6,
-31,
-29,
-42,
10,
22,
9,
5,
-16,
14,
6,
-32,
-11,
-4,
53,
-17,
-29,
35,
-41,
23,
-37,
-3,
-23,
47,
4,
16,
3,
-45,
9,
-5,
9,
-19,
13,
-15,
-19,
15,
-36,
-15,
37,
2,
-2,
-7,
-39,
82,
-25,
-10,
-21,
-24,
24,
5,
5,
28,
27,
30,
-19,
14,
-15,
-32,
-5,
13,
0,
-10,
76,
35,
37,
3,
-53,
-20,
-20,
1,
-51,
30,
20,
-23,
3,
-61,
43,
-1,
-36,
27,
33,
-3,
-45,
50,
0,
15,
-30,
0,
-65,
1,
-16,
-35,
0,
-16,
-20,
-37,
9,
-40,
-49,
5,
-12,
48,
7,
7,
18,
35,
-4,
42,
12,
-41,
-18,
54,
-9,
-23,
-56,
17,
-128,
-41,
-4,
15,
-40,
6,
-2,
46,
32,
1,
19,
2,
0,
13,
-21,
-7,
19,
1,
30,
43,
-20,
19,
-36,
-48,
15,
38,
-66,
-22,
0,
-18,
-17,
4,
1,
49,
-22,
38,
14,
73,
-45,
-16,
6,
11,
2,
17,
-17,
22,
25,
30,
74,
34,
-12,
40,
7,
-30,
-10,
-60,
5,
9,
-25,
26,
30,
-74,
26,
-22,
2,
-40,
-61,
-60,
-37,
-3,
31,
22,
-44,
-5,
19,
-2,
-15,
38,
36,
21,
-48,
-44,
50,
-28,
15,
33,
-24,
-44,
9,
-60,
-31,
-15,
-4,
43,
22,
6,
-33,
-46,
39,
11,
-30,
25,
29,
54,
-43,
3,
26,
-47,
-60,
15,
-5,
-1,
0,
-17,
27,
0,
-26,
-12,
29,
-8,
33,
7,
38,
26,
-4,
-18,
-14,
38,
20,
-15,
2,
-17,
11,
21,
7,
63,
23,
63,
10,
84,
60,
7,
36,
-9,
-24,
0,
-23,
-25,
-52,
10,
-11,
-48,
68,
34,
5,
48,
3,
2,
-15,
25,
6,
-11,
43,
11,
-27,
4,
-62,
-14,
-18,
10,
24,
59,
23,
31,
-2,
9,
-8,
2,
0,
-1,
-16,
12,
-8,
-19,
-8,
79,
21,
35,
-36,
-4,
39,
-11,
12,
5,
36,
10,
35,
14,
-4,
34,
-34,
20,
32,
-17,
7,
34,
37,
53,
-38,
-20,
-40,
-36,
1,
20,
-10,
-19,
25,
-2,
64,
3,
20,
24,
-23,
-52,
27,
-42,
18,
-10,
-58,
13,
35,
-31,
24,
-85,
8,
14,
-8,
-10,
-20,
21,
-6,
14,
-5,
3,
13,
-33,
33,
-22,
31,
22,
-81,
-13,
-51,
-32,
36,
-62,
-16,
53,
-4,
-36,
-25,
-10,
68,
33,
-10,
-26,
32,
-17,
-51,
58,
-14,
80,
40,
-24,
-9,
-27,
1,
-35,
16,
8,
-22,
19,
12,
41,
18,
-22,
-46,
27,
30,
-28,
21,
34,
11,
-31,
68,
-70,
-25,
-12,
-17,
-7,
-12,
-35,
-30,
-42,
8,
41,
3,
-17,
30,
-7,
-66,
43,
-19,
-57,
-63,
-38,
-30,
-32,
-4,
-30,
0,
25,
-12,
-57,
30,
-48,
-14,
55,
-16,
25,
-58,
16,
-26,
22,
46,
-49,
31,
-4,
31,
-45,
32,
10,
13,
-44,
-88,
-30,
4,
-22,
-22,
-32,
3,
4,
19,
-26,
8,
-27,
-38,
23,
-42,
-12,
4,
-20,
27,
3,
11,
4,
18,
-29,
-1,
6,
-18,
9,
52,
3,
56,
-56,
51,
-63,
41,
-18,
59,
-74,
3,
-5,
14,
11,
-33,
33,
15,
50,
-14,
-2,
-28,
37,
41,
-73,
-12,
12,
39,
0,
38,
-18,
-62,
17,
-15,
-18,
23,
6,
2,
6,
-60,
61,
-14,
-22,
32,
34,
-57,
-38,
87,
-12,
15,
64,
-50,
36,
35,
4,
-2,
-27,
12,
-5,
3,
46,
2,
-18,
12,
57,
54,
33,
-21,
-61,
-13,
9,
13,
11,
-9,
20,
52,
-33,
-28,
51,
24,
31,
30,
66,
-37,
4,
20,
-58,
-16,
24,
-14,
-1,
-29,
1,
7,
-76,
12,
35,
18,
34,
22,
38,
-50,
33,
9,
26,
-6,
3,
-89,
40,
7,
-50,
38,
-50,
55,
-33,
25,
-41,
-51,
35,
-43,
43,
-8,
-35,
43,
-20,
-4,
-26,
21,
32,
-40,
-3,
-39,
80,
-4,
-15,
16,
-42,
-2,
11,
-5,
-5,
-1,
30,
-21,
9,
42,
47,
7,
25,
-16,
38,
13,
4,
29,
9,
-24,
35
] |
To vacate sentence and allow bill of exceptions to stand as if signed before sentence.
Order to show cause denied November 18, 1891. | [
-45,
-63,
1,
57,
22,
-2,
16,
-5,
3,
33,
20,
-8,
9,
-1,
-24,
60,
3,
6,
3,
28,
-21,
-21,
2,
-38,
4,
21,
65,
-37,
-42,
-75,
24,
-49,
-37,
-7,
-6,
-46,
9,
-20,
38,
10,
-3,
-29,
1,
-26,
-26,
-56,
-41,
18,
-19,
2,
-39,
-65,
-22,
39,
-41,
13,
-20,
-43,
-66,
43,
-27,
20,
18,
21,
-62,
66,
-57,
-30,
-54,
28,
4,
-17,
27,
0,
-27,
-13,
2,
10,
62,
39,
39,
37,
-32,
-3,
38,
36,
19,
57,
57,
-32,
-32,
-21,
-70,
-14,
-65,
-8,
-52,
30,
19,
-19,
-14,
-9,
-29,
15,
45,
-24,
-24,
42,
-104,
-1,
25,
-24,
25,
-4,
-23,
-19,
-65,
8,
-32,
-17,
-1,
39,
48,
5,
-43,
35,
-4,
-48,
-17,
7,
-29,
22,
56,
8,
53,
41,
33,
10,
-37,
-50,
-56,
34,
37,
0,
0,
19,
10,
0,
16,
-32,
-12,
19,
48,
20,
-51,
65,
22,
-39,
10,
8,
20,
18,
-13,
-37,
72,
-49,
-15,
2,
11,
-17,
27,
1,
4,
-19,
-14,
12,
19,
2,
22,
-46,
-23,
39,
-23,
3,
53,
-30,
-50,
37,
19,
-1,
-33,
11,
18,
40,
50,
19,
2,
-20,
69,
34,
-22,
5,
-29,
-31,
25,
-45,
-7,
-3,
8,
33,
-119,
-22,
-3,
-15,
29,
19,
38,
-39,
-13,
94,
4,
29,
-1,
7,
26,
13,
41,
34,
23,
29,
-4,
60,
-2,
14,
62,
6,
-4,
13,
11,
0,
-41,
-6,
7,
10,
1,
-3,
-21,
14,
42,
-39,
12,
20,
31,
19,
17,
28,
-34,
-39,
-35,
-30,
36,
-6,
54,
-17,
-51,
45,
-4,
-30,
71,
-10,
42,
-15,
3,
43,
14,
21,
-15,
-7,
-29,
-57,
-7,
23,
1,
25,
-67,
-18,
49,
9,
-23,
-12,
-10,
-2,
-6,
52,
6,
12,
-55,
49,
-22,
-22,
8,
-46,
25,
-22,
0,
1,
47,
-89,
73,
-48,
-14,
0,
24,
-1,
-28,
4,
-28,
29,
-77,
-8,
-6,
-6,
-30,
20,
-4,
41,
-16,
50,
43,
60,
8,
22,
-49,
12,
11,
39,
-3,
18,
-21,
-3,
15,
12,
-69,
-14,
-9,
58,
-11,
-24,
27,
2,
0,
5,
-13,
-20,
-2,
28,
-74,
-72,
-1,
52,
-1,
-53,
-5,
-4,
83,
-40,
-23,
7,
18,
-10,
-27,
18,
-31,
-57,
35,
8,
21,
36,
-38,
-2,
-13,
-25,
-32,
-1,
31,
25,
20,
-21,
37,
23,
12,
11,
-11,
-51,
7,
46,
-34,
-22,
-15,
21,
-33,
16,
-4,
16,
-9,
-37,
-26,
31,
-25,
15,
39,
2,
47,
22,
-29,
-14,
-24,
19,
47,
-17,
-36,
-44,
7,
81,
48,
-42,
15,
12,
23,
23,
43,
-2,
21,
22,
-32,
20,
-5,
-47,
2,
-33,
-19,
-6,
23,
22,
-25,
7,
23,
-41,
-58,
30,
67,
-14,
3,
-30,
-5,
0,
25,
60,
15,
7,
-29,
-29,
-68,
32,
14,
18,
-53,
-40,
3,
14,
-3,
-22,
36,
4,
-52,
33,
17,
-16,
6,
-16,
-7,
17,
5,
0,
49,
-14,
3,
27,
-13,
-70,
-5,
11,
11,
-20,
-23,
36,
-59,
-34,
-42,
66,
-47,
42,
-35,
54,
46,
-19,
27,
-9,
41,
9,
-19,
-7,
33,
30,
27,
-27,
-7,
5,
0,
16,
-30,
3,
-26,
-49,
-23,
-9,
-23,
-8,
-42,
-1,
29,
-8,
5,
22,
-39,
18,
-17,
-5,
-30,
0,
-2,
-23,
8,
-15,
54,
31,
-23,
33,
14,
30,
-5,
12,
21,
-14,
-58,
-64,
-10,
2,
3,
-8,
6,
-22,
1,
-38,
-89,
16,
-13,
4,
-28,
26,
44,
-2,
-33,
47,
41,
21,
-43,
-30,
69,
51,
7,
12,
-3,
-33,
39,
-10,
-31,
-5,
-37,
25,
-38,
31,
-10,
-27,
-27,
31,
0,
0,
-12,
90,
-14,
45,
2,
25,
8,
-24,
28,
-6,
-13,
-10,
10,
6,
-18,
-10,
-13,
2,
21,
-1,
6,
-13,
-16,
-3,
-27,
-14,
-5,
-55,
-13,
-19,
33,
8,
6,
2,
-7,
36,
12,
71,
-3,
10,
13,
-13,
-21,
34,
-4,
-23,
-47,
26,
0,
-1,
20,
16,
20,
25,
7,
-25,
47,
23,
7,
-44,
47,
40,
-31,
-43,
-28,
-22,
-25,
18,
31,
2,
-3,
12,
27,
35,
-13,
-58,
25,
17,
27,
23,
15,
-36,
-28,
-38,
-16,
-8,
-9,
-28,
-16,
79,
36,
32,
21,
1,
39,
58,
36,
11,
-5,
-13,
7,
0,
-2,
21,
42,
9,
-30,
-58,
-31,
4,
15,
14,
-12,
23,
-27,
25,
81,
-10,
20,
-29,
0,
-64,
-7,
-25,
10,
76,
-55,
53,
14,
-15,
36,
9,
-5,
-42,
34,
-24,
-30,
24,
-57,
-26,
50,
-12,
-69,
-29,
-35,
5,
-20,
26,
-62,
-37,
-18,
-15,
32,
-41,
-27,
42,
-46,
32,
-74,
0,
26,
-16,
-19,
11,
-8,
24,
-50,
43,
30,
12,
11,
33,
-2,
-47,
42,
-78,
-2,
7,
-20,
21,
26,
32,
17,
-15,
-57,
11,
54,
-23,
2,
20,
-19,
-33,
39,
-31,
-37,
-17,
-20,
-27,
-35,
-88,
-53,
34,
-1,
-77,
-11,
19,
4,
-1,
-14,
60,
-39,
-42,
-30,
1,
-27,
-27,
-49,
-64,
7,
7,
6,
-44,
9,
28,
19,
34,
26,
-22,
-2,
-10,
19,
-15,
53,
-15,
-10,
-21,
-5,
-40,
20,
16,
56,
-8,
-92,
-7,
23,
-31,
-23,
11,
-28,
55,
-26,
-1,
20,
30,
-16,
23,
-66,
-43,
49,
-45,
-13,
15,
13,
13,
25,
-28,
46,
2,
0,
47,
42,
17,
19,
-86,
25,
6,
24,
52,
27,
-72,
-16,
-16,
3,
-6,
61,
30,
56,
-2,
-45,
-22,
-25,
15,
1,
-2,
-10,
41,
14,
42,
-7,
-27,
-5,
41,
-32,
-21,
-4,
-31,
-23,
-26,
19,
59,
21,
-21,
14,
23,
4,
-45,
28,
-26,
-57,
-3,
5,
-41,
50,
25,
36,
24,
0,
20,
-2,
24,
23,
-50,
4,
-10,
12,
-25,
-10,
-16,
-2,
-64,
13,
-26,
-23,
-14,
4,
-48,
-36,
41,
38,
43,
45,
0,
-21,
4,
-7,
-26,
29,
-3,
18,
-31,
-17,
19,
-14,
47,
-15,
4,
27,
57,
31,
30,
-31,
40,
-10,
59,
-10,
12,
-82,
29,
14,
-34,
-8,
34,
-15,
-58,
18,
-59,
-13,
45,
-39,
21,
-10,
-6,
13,
0,
-39,
34,
-16,
26,
-56,
-8,
-17,
29,
-25,
12,
21,
-1,
-1,
-17,
-23,
-1,
-23,
46,
-9,
2,
34,
31,
-5,
5,
-2,
37,
24,
42,
12,
22,
-1,
16
] |
To compel respondent to pay over one-half of an amount received by him from one Neff, as a liquor tax for 1890.
Denied February 27, 1891, without costs.
It appeared that relator had claimed and received from respondent one-half of the tax collected from Neff for the year 1889, when not entitled to it, because the territory in which Neff’s place of business was located was not included within the village until after the tax became due and payable, and respondent claimed the right to set off the payment so made against the amount collected for 1890. | [
3,
16,
-22,
6,
-15,
3,
36,
41,
-40,
25,
2,
-39,
28,
36,
41,
68,
6,
-6,
21,
-3,
25,
-58,
15,
21,
18,
-11,
14,
0,
-33,
-45,
33,
41,
-77,
27,
14,
-18,
-26,
5,
6,
-18,
-22,
27,
18,
-8,
11,
2,
-108,
-58,
-27,
-13,
4,
-33,
3,
52,
46,
60,
2,
-40,
-34,
8,
-2,
-32,
0,
19,
-8,
-18,
-34,
-35,
37,
-1,
27,
-87,
5,
-37,
20,
-12,
-5,
22,
38,
51,
8,
16,
-4,
24,
-29,
26,
-17,
-1,
42,
7,
-1,
22,
-13,
37,
-3,
30,
-17,
32,
30,
18,
22,
-22,
-3,
42,
72,
-17,
41,
6,
-68,
-35,
-8,
-30,
45,
-26,
-16,
18,
-8,
-5,
-6,
-12,
-26,
2,
33,
5,
7,
-6,
-63,
-35,
-14,
-19,
-5,
16,
25,
7,
20,
-17,
-4,
21,
-1,
26,
-16,
53,
-11,
-13,
23,
-43,
-2,
19,
-2,
24,
-45,
65,
0,
38,
-39,
13,
38,
-18,
30,
-46,
9,
28,
-17,
-30,
-9,
-17,
28,
-2,
4,
-44,
78,
29,
-11,
25,
42,
-66,
31,
-19,
-17,
32,
-34,
40,
8,
-2,
89,
-55,
16,
8,
12,
27,
-21,
-16,
-4,
2,
31,
0,
13,
0,
-13,
-2,
-20,
4,
-11,
0,
67,
-10,
49,
-11,
-38,
-8,
-35,
33,
-18,
-47,
-23,
4,
-35,
-19,
-3,
43,
31,
41,
31,
19,
-81,
-14,
13,
32,
7,
16,
-41,
19,
-38,
51,
43,
-48,
14,
41,
-47,
9,
-42,
-3,
-35,
-38,
-25,
5,
-45,
37,
-29,
24,
2,
-40,
-3,
19,
-30,
15,
-9,
-13,
42,
-39,
-20,
19,
45,
-7,
-24,
-66,
25,
40,
22,
27,
-29,
21,
0,
-10,
8,
-32,
-30,
-34,
-51,
69,
-29,
-24,
29,
3,
-4,
48,
-15,
-36,
11,
21,
32,
0,
48,
-34,
-6,
57,
-29,
47,
13,
6,
-51,
-9,
23,
29,
-1,
-34,
38,
-35,
7,
-18,
16,
-71,
-21,
16,
39,
-17,
1,
0,
-22,
-11,
3,
-10,
-3,
17,
-13,
5,
-21,
25,
-40,
-6,
-73,
21,
-18,
41,
1,
-19,
21,
-59,
35,
19,
26,
42,
37,
-11,
9,
11,
-15,
-60,
99,
20,
-14,
2,
-9,
41,
5,
87,
-20,
10,
-6,
29,
50,
-26,
-2,
-31,
4,
-14,
-8,
-35,
5,
-2,
-29,
25,
-19,
-1,
26,
-7,
-27,
34,
-37,
0,
29,
-43,
13,
7,
29,
25,
37,
-44,
-28,
-17,
38,
42,
2,
-7,
-2,
12,
-12,
-42,
26,
-16,
-52,
5,
14,
10,
0,
-29,
2,
62,
10,
31,
39,
-72,
0,
-30,
-5,
4,
-33,
-42,
48,
29,
20,
-14,
-37,
33,
47,
-45,
19,
14,
30,
30,
-51,
26,
-5,
-22,
-13,
-27,
27,
16,
-59,
-69,
-10,
15,
42,
15,
-18,
10,
-75,
39,
-1,
29,
-13,
-41,
-28,
1,
-8,
-13,
18,
-9,
69,
-15,
-7,
21,
14,
17,
24,
-47,
-30,
-6,
14,
38,
-8,
49,
10,
-69,
-29,
50,
36,
-19,
34,
29,
-21,
-43,
34,
-5,
-45,
-54,
-16,
-2,
-24,
10,
71,
0,
23,
17,
7,
20,
-8,
-24,
40,
58,
-29,
14,
-15,
-13,
-40,
-6,
-11,
-18,
43,
-39,
-11,
2,
25,
-1,
0,
-18,
-61,
15,
-1,
-2,
-50,
20,
-43,
-39,
2,
21,
21,
14,
-4,
-10,
-50,
-2,
-15,
1,
-43,
-23,
50,
8,
7,
43,
19,
15,
10,
24,
0,
49,
7,
23,
-4,
-34,
-55,
-15,
-10,
32,
-78,
-44,
6,
-44,
-54,
-33,
-12,
-24,
-9,
-60,
-54,
-77,
8,
11,
-21,
-19,
11,
-32,
-17,
0,
14,
31,
-36,
-104,
11,
27,
-12,
0,
26,
-64,
17,
6,
-41,
22,
-55,
13,
-52,
83,
-50,
71,
18,
-14,
9,
51,
24,
-13,
23,
54,
5,
-37,
-25,
-2,
-33,
7,
38,
31,
34,
37,
65,
6,
-1,
22,
-5,
-35,
46,
-31,
35,
52,
-39,
-26,
-43,
-11,
43,
-8,
-18,
41,
-49,
-21,
-5,
34,
-6,
17,
23,
71,
28,
-16,
-21,
-67,
-71,
-20,
-37,
42,
12,
30,
-25,
-13,
-8,
-11,
53,
19,
-14,
0,
-46,
-42,
9,
30,
10,
-18,
18,
44,
12,
27,
17,
-22,
0,
-2,
-39,
-91,
23,
-22,
9,
-24,
-28,
43,
-34,
60,
-9,
-33,
-8,
19,
24,
31,
0,
20,
20,
20,
8,
-58,
22,
40,
6,
44,
-59,
10,
23,
35,
8,
7,
2,
18,
-10,
-36,
10,
-16,
-35,
17,
24,
-31,
56,
-20,
7,
-11,
19,
16,
15,
26,
14,
-35,
41,
28,
-18,
6,
-19,
-22,
0,
-11,
-61,
7,
12,
-45,
-5,
29,
-34,
44,
38,
-49,
10,
-11,
-26,
16,
-50,
10,
-17,
12,
-40,
25,
-56,
-14,
-65,
48,
20,
11,
-56,
5,
1,
16,
11,
24,
0,
10,
-25,
33,
8,
-18,
52,
42,
13,
16,
24,
-71,
-6,
5,
-44,
28,
14,
23,
7,
8,
33,
0,
-37,
-26,
37,
0,
-12,
-35,
-15,
-42,
1,
-27,
-51,
16,
9,
-7,
24,
-14,
-52,
-6,
1,
-52,
17,
1,
3,
-7,
-47,
6,
-36,
-66,
-16,
11,
4,
-22,
3,
31,
-15,
-37,
23,
53,
20,
44,
23,
-8,
49,
16,
-11,
7,
41,
12,
-2,
-38,
-59,
-45,
0,
18,
-52,
-3,
-32,
-3,
9,
17,
21,
-18,
-33,
13,
-77,
12,
-27,
-20,
7,
39,
-48,
10,
22,
-5,
-25,
29,
33,
33,
30,
-1,
-19,
-36,
2,
2,
4,
35,
2,
-52,
-43,
8,
46,
32,
5,
77,
3,
-93,
-22,
14,
13,
-41,
32,
35,
-19,
39,
16,
8,
43,
3,
11,
-10,
13,
-54,
-18,
-35,
-33,
-15,
-34,
4,
-15,
-15,
11,
-87,
-12,
-22,
59,
17,
-6,
-19,
12,
-68,
9,
-69,
-33,
-44,
-38,
19,
39,
26,
-54,
-12,
-60,
32,
25,
18,
-7,
-13,
-9,
4,
-13,
53,
-17,
62,
38,
0,
16,
47,
-28,
-28,
28,
-40,
-26,
12,
-13,
3,
59,
22,
17,
8,
0,
20,
26,
-26,
-33,
-1,
-43,
47,
35,
71,
38,
27,
11,
62,
77,
12,
-12,
-4,
-50,
30,
35,
38,
-35,
40,
-17,
-61,
24,
-3,
62,
12,
24,
-22,
-3,
24,
46,
-16,
-31,
42,
-20,
-64,
-25,
8,
-15,
12,
-49,
13,
30,
-23,
2,
-28,
8,
-55,
27,
-83,
46,
11,
27,
10,
-39,
14,
-40,
-6,
39,
9,
27,
19,
15,
-23,
10,
-24,
-26,
-4
] |
To compel respondent to grant a motion requiring the sheriff to return an execution on a judgment, in a cause appealed from a justice of the peace, which was ante-dated, for correction.
Denied June 17, 1880, as in any proceeding against the sureties on the appeal bond, the facts could be shown. | [
70,
15,
-39,
22,
1,
17,
15,
18,
5,
8,
-7,
-57,
-19,
41,
14,
5,
3,
14,
29,
31,
-5,
-19,
-12,
0,
-54,
-70,
19,
1,
-36,
8,
38,
12,
-66,
-4,
-9,
-19,
18,
-10,
69,
20,
-17,
9,
-8,
21,
-79,
-27,
-74,
-5,
-64,
18,
-10,
8,
-7,
48,
7,
43,
23,
-14,
-7,
-1,
-9,
-16,
-9,
-2,
-88,
6,
-45,
-21,
-32,
34,
4,
1,
23,
19,
63,
14,
0,
-27,
27,
39,
-3,
35,
8,
15,
20,
-27,
1,
-26,
36,
33,
4,
19,
-68,
2,
-9,
50,
-13,
-25,
34,
-8,
13,
31,
8,
16,
31,
13,
33,
-9,
-1,
-15,
5,
-38,
33,
-33,
-48,
-9,
-24,
-44,
41,
-46,
-44,
-6,
68,
43,
11,
-41,
6,
-37,
-28,
-27,
-34,
28,
36,
20,
20,
2,
51,
17,
-4,
-6,
20,
-3,
19,
-53,
19,
-62,
56,
-17,
-31,
96,
-19,
49,
-49,
20,
37,
13,
45,
-12,
-12,
21,
22,
48,
-58,
-23,
47,
-50,
4,
0,
-6,
-16,
-3,
97,
40,
-8,
-8,
-21,
-39,
43,
9,
54,
-32,
19,
-4,
22,
-1,
-1,
4,
17,
-4,
50,
-50,
20,
19,
-27,
57,
12,
9,
-52,
12,
49,
-21,
27,
-10,
-4,
2,
-27,
-34,
-30,
-15,
50,
-76,
-22,
-9,
26,
24,
19,
-21,
33,
39,
53,
-12,
86,
42,
46,
-7,
17,
20,
76,
-23,
52,
20,
54,
35,
-19,
26,
-5,
1,
3,
30,
17,
-22,
52,
45,
15,
-7,
7,
32,
-1,
14,
-53,
-4,
-7,
-8,
19,
-18,
32,
16,
8,
9,
-61,
39,
-2,
23,
33,
-9,
22,
2,
21,
-17,
-38,
-4,
-5,
45,
-30,
-10,
3,
-8,
-83,
53,
-17,
-15,
2,
-11,
11,
-46,
11,
-18,
16,
-1,
19,
-1,
-28,
-23,
34,
0,
-29,
-42,
-9,
52,
-54,
27,
-21,
-7,
-9,
10,
-50,
24,
-33,
0,
-10,
-27,
8,
-40,
13,
11,
26,
35,
-68,
5,
-25,
-5,
0,
-40,
-51,
21,
12,
-16,
43,
-17,
44,
-10,
-40,
-31,
9,
4,
55,
24,
-6,
41,
56,
45,
21,
-37,
27,
-19,
23,
35,
5,
30,
31,
-32,
4,
-14,
1,
-56,
-6,
-25,
-53,
14,
44,
21,
-46,
1,
-4,
43,
-59,
1,
21,
43,
9,
6,
1,
-18,
-65,
8,
18,
-30,
16,
20,
-22,
-4,
-13,
15,
0,
57,
10,
55,
20,
-12,
-16,
38,
14,
-8,
-65,
-21,
-7,
0,
-35,
5,
-56,
-30,
15,
7,
-10,
-5,
13,
-67,
28,
31,
18,
19,
10,
15,
-6,
9,
-42,
11,
6,
51,
-19,
37,
-47,
21,
2,
29,
29,
11,
-3,
-12,
-6,
-6,
60,
28,
21,
-1,
2,
-7,
2,
-21,
-11,
-8,
-19,
38,
5,
-25,
-28,
-14,
-19,
-17,
34,
-15,
13,
12,
-7,
-25,
15,
27,
18,
17,
-1,
52,
-31,
-61,
14,
23,
10,
-55,
-2,
0,
-28,
1,
12,
-6,
-44,
-15,
6,
9,
19,
8,
1,
-9,
15,
-6,
18,
19,
13,
-14,
16,
-1,
10,
-12,
-4,
-25,
-43,
-51,
46,
-3,
-12,
29,
41,
-66,
-9,
-73,
13,
-12,
12,
37,
-24,
-14,
4,
-8,
12,
15,
24,
39,
10,
-1,
2,
-56,
-11,
-16,
2,
-51,
10,
34,
38,
-47,
-20,
-22,
55,
-37,
4,
38,
13,
-6,
-13,
-34,
-8,
-1,
23,
0,
7,
-12,
33,
-15,
40,
-18,
-3,
-1,
-28,
-31,
-23,
7,
34,
-34,
-32,
-37,
-33,
-48,
-10,
19,
-24,
-9,
-9,
-38,
-6,
28,
-17,
-37,
0,
43,
7,
-51,
49,
26,
-18,
-35,
0,
15,
25,
20,
8,
-16,
-15,
46,
-31,
-15,
7,
-3,
28,
-44,
20,
15,
-31,
-50,
20,
-49,
-46,
13,
-18,
-38,
81,
26,
-18,
18,
8,
17,
20,
15,
-11,
4,
9,
-5,
27,
-7,
-2,
-12,
-17,
-20,
-28,
8,
16,
-21,
-10,
-53,
-23,
10,
-20,
-42,
56,
-61,
38,
-23,
8,
-66,
59,
-41,
32,
-18,
-47,
-41,
-25,
10,
-88,
13,
-1,
-55,
-20,
36,
-14,
22,
-2,
33,
-46,
48,
25,
12,
28,
30,
-11,
15,
-25,
-70,
-61,
5,
24,
-32,
71,
21,
-2,
28,
-21,
-4,
-46,
-12,
9,
2,
53,
-1,
-9,
-16,
-6,
34,
-17,
4,
-36,
-44,
53,
-3,
24,
2,
-12,
37,
29,
0,
-8,
-13,
24,
-10,
14,
28,
-8,
-16,
23,
-11,
-63,
19,
-49,
-32,
-48,
-64,
17,
-2,
-2,
50,
-56,
52,
-25,
78,
4,
21,
-35,
0,
20,
-60,
58,
6,
-20,
-2,
-43,
-22,
7,
24,
-11,
-10,
-32,
-2,
5,
4,
-63,
-54,
-54,
26,
-2,
17,
0,
-21,
-21,
-56,
22,
115,
2,
-37,
57,
-31,
-6,
-13,
-28,
9,
-1,
12,
-37,
-16,
21,
-1,
7,
-17,
-32,
26,
33,
25,
0,
78,
-8,
19,
-43,
-21,
12,
45,
-1,
20,
-31,
-5,
-24,
6,
-21,
-9,
-37,
-56,
-95,
34,
-102,
-56,
13,
0,
17,
21,
-18,
11,
-8,
3,
12,
-4,
15,
24,
48,
2,
51,
-38,
-24,
54,
-19,
-78,
-17,
-34,
-34,
19,
20,
-21,
-21,
29,
45,
16,
47,
24,
-35,
65,
30,
0,
42,
21,
-10,
39,
-4,
-10,
-76,
9,
27,
-31,
-27,
-32,
-49,
35,
-7,
-7,
-37,
-19,
-11,
-31,
31,
14,
-9,
-54,
20,
-45,
-22,
34,
-47,
-26,
29,
17,
32,
22,
-8,
-16,
-26,
-4,
-30,
35,
-9,
23,
-59,
-7,
93,
-3,
36,
-10,
2,
0,
0,
-21,
-12,
14,
40,
15,
-27,
-20,
-23,
21,
22,
20,
-20,
7,
80,
8,
-5,
-9,
-20,
-22,
7,
-21,
0,
-18,
6,
34,
-43,
16,
21,
0,
6,
-26,
-8,
-7,
-62,
-1,
-28,
-47,
-45,
-14,
0,
52,
41,
4,
-6,
20,
19,
2,
22,
-14,
-28,
-20,
-21,
2,
-11,
-51,
-4,
50,
-12,
19,
37,
27,
-6,
-68,
-37,
-49,
20,
14,
74,
-19,
24,
29,
-47,
2,
-4,
0,
40,
-42,
-15,
-14,
53,
10,
19,
37,
-13,
24,
57,
-15,
33,
-43,
35,
-6,
-21,
25,
-18,
-44,
27,
-13,
-47,
34,
6,
-3,
-16,
-2,
-15,
-52,
1,
11,
-18,
19,
12,
3,
-57,
-52,
-30,
0,
53,
-70,
1,
-1,
7,
8,
28,
41,
37,
15,
-10,
36,
54,
-25,
-9,
3,
-10,
-10,
-2,
0,
8,
-11,
-22,
21,
64,
29,
-47,
-32,
1
] |
To compel respondent to issue execution upon a judgment recovered by him against one. Ellen O’Connor.
Denied April 22, 1873.
Subsequent to the recovery by relator of his judgment, one Jeremiah O’Connor brought suit before the respondent against relator and garnisheed said. Ellen O’Connor, who answered, admitting the indebtedness to relator by virtue of his judgment against her. After judgment against the principal defendant and judgment against tbe garnishee defendant, the latter paid the money into court to satisfy relator’s judgment against her, and respondent recalled the execution which had been issued upon relator’s judgment, and entered satisfaction thereof. Relator afterwards applied the money so received in payment of the judgment in favor of Jeremiah O’Connor. | [
-27,
-54,
-41,
21,
25,
11,
34,
6,
-12,
-33,
-25,
-6,
-4,
51,
6,
-6,
-6,
-29,
-2,
-40,
-7,
-43,
-36,
49,
31,
-22,
52,
-36,
26,
-24,
-23,
19,
-62,
46,
7,
-87,
-21,
-20,
10,
-23,
-37,
34,
-22,
44,
-53,
15,
-43,
-37,
-34,
-22,
22,
-23,
-36,
52,
28,
6,
12,
-24,
-87,
17,
0,
-12,
-42,
1,
-35,
-29,
-28,
-29,
-52,
50,
-8,
-5,
15,
-11,
-8,
20,
-5,
-65,
26,
-9,
-46,
42,
5,
34,
-1,
12,
-19,
-1,
27,
0,
-36,
32,
-43,
53,
-54,
4,
-56,
-27,
10,
30,
-3,
-11,
-25,
50,
-12,
-18,
8,
-71,
7,
-11,
18,
3,
27,
-37,
-38,
-24,
-51,
-29,
-6,
-38,
-50,
-14,
29,
-19,
11,
-5,
-18,
-69,
-6,
-18,
-19,
28,
47,
42,
-8,
-15,
-15,
0,
21,
-27,
67,
-50,
22,
-39,
-10,
-19,
-8,
-23,
-90,
48,
-51,
30,
0,
37,
44,
6,
9,
-28,
17,
1,
72,
19,
-48,
7,
26,
-57,
-16,
1,
57,
-1,
44,
32,
-18,
52,
55,
-11,
43,
-21,
-21,
26,
-21,
78,
-28,
12,
38,
-8,
14,
20,
-1,
22,
-54,
-29,
28,
39,
18,
66,
31,
-73,
-1,
55,
41,
8,
-26,
24,
36,
-18,
4,
-50,
1,
7,
-64,
31,
-24,
-11,
-21,
-18,
15,
-14,
-11,
8,
-48,
54,
15,
43,
-13,
-27,
12,
53,
-39,
35,
-33,
-22,
-31,
20,
33,
6,
-13,
1,
55,
-10,
25,
64,
-4,
-25,
20,
-15,
17,
15,
-9,
-14,
-35,
12,
36,
54,
-51,
26,
-1,
-12,
68,
-41,
21,
19,
-9,
43,
-48,
-72,
-21,
-8,
14,
-31,
12,
-39,
11,
33,
21,
-37,
-6,
5,
-23,
-12,
14,
8,
-64,
38,
3,
1,
-28,
-13,
-20,
15,
57,
-23,
64,
-35,
40,
20,
-57,
-23,
54,
-23,
-41,
-47,
83,
0,
2,
66,
27,
-43,
-45,
-87,
1,
-34,
8,
0,
71,
25,
-35,
-32,
1,
-38,
-21,
-31,
-9,
-30,
-18,
3,
-21,
21,
-17,
14,
-34,
45,
-16,
40,
19,
11,
-7,
58,
-17,
-15,
20,
24,
-67,
-65,
-15,
7,
42,
-19,
53,
24,
10,
-5,
-22,
-4,
14,
-46,
24,
24,
-27,
43,
32,
-13,
-4,
-62,
45,
-10,
30,
11,
0,
9,
44,
1,
20,
-31,
-26,
-20,
-32,
3,
-6,
32,
-10,
-63,
18,
14,
25,
-25,
-35,
25,
-19,
0,
16,
19,
3,
-40,
-17,
-42,
-16,
-23,
-14,
10,
-21,
29,
37,
-3,
-63,
-6,
-37,
-32,
14,
-17,
25,
17,
-19,
14,
5,
-30,
-27,
0,
7,
-14,
24,
-56,
37,
-3,
22,
3,
36,
-20,
-30,
-15,
-34,
44,
1,
35,
-33,
9,
-10,
13,
-39,
-6,
22,
25,
30,
39,
40,
6,
17,
-33,
36,
34,
55,
-27,
5,
39,
16,
2,
-37,
25,
15,
25,
13,
-3,
0,
75,
27,
5,
9,
9,
8,
-2,
16,
19,
17,
27,
22,
-1,
39,
22,
-27,
41,
-4,
0,
-6,
-19,
-26,
13,
50,
-10,
-37,
6,
3,
28,
-26,
55,
-41,
-15,
2,
-32,
-34,
-17,
-28,
-32,
-55,
48,
8,
21,
18,
-48,
-9,
-15,
10,
-17,
14,
47,
31,
-14,
0,
11,
20,
32,
4,
14,
-35,
7,
-8,
7,
-43,
7,
-2,
71,
-29,
-18,
-9,
-33,
-23,
72,
0,
-19,
9,
1,
-28,
47,
-12,
36,
0,
19,
-44,
-24,
6,
15,
-41,
-29,
67,
35,
0,
-24,
23,
-60,
-18,
-11,
-19,
34,
-9,
-22,
-6,
-37,
17,
-17,
-21,
2,
-15,
11,
1,
53,
11,
-54,
-50,
0,
30,
4,
-20,
-17,
-34,
-32,
-17,
-32,
-48,
27,
-13,
43,
-16,
37,
32,
-30,
-61,
-1,
-69,
-2,
39,
15,
-39,
33,
-34,
-9,
-41,
-20,
-16,
-26,
49,
-10,
19,
24,
0,
10,
6,
-27,
28,
7,
5,
-5,
32,
23,
-14,
-11,
-33,
-8,
18,
-72,
-15,
-3,
-17,
18,
-28,
42,
-19,
20,
-55,
88,
-4,
4,
-4,
35,
-21,
2,
0,
-29,
23,
-17,
-16,
-13,
34,
-2,
63,
-59,
21,
-31,
15,
26,
48,
-2,
-6,
1,
-11,
-45,
11,
24,
25,
67,
-5,
56,
-6,
-37,
56,
-42,
-13,
40,
0,
34,
-56,
-6,
-47,
32,
19,
-43,
-39,
61,
-23,
-9,
1,
34,
-1,
-43,
-7,
24,
25,
-8,
57,
10,
-41,
22,
5,
9,
-25,
56,
40,
-69,
-35,
-4,
3,
-30,
-16,
1,
38,
10,
26,
0,
36,
-16,
-1,
0,
-29,
32,
32,
47,
-30,
-2,
1,
7,
-4,
-2,
7,
-32,
47,
40,
-19,
-12,
-46,
-48,
-6,
5,
-40,
37,
-9,
11,
-24,
-22,
-44,
29,
-11,
3,
18,
12,
21,
41,
-62,
-14,
-32,
-60,
38,
24,
-4,
-37,
-6,
1,
-21,
-11,
13,
-62,
5,
-7,
16,
7,
39,
15,
-11,
5,
68,
60,
26,
-12,
58,
-36,
-24,
-14,
2,
-34,
6,
13,
-29,
-4,
4,
-6,
1,
28,
-32,
5,
36,
0,
-28,
16,
-51,
11,
-11,
18,
10,
-13,
-13,
0,
-24,
59,
-3,
-40,
-26,
-2,
-69,
-5,
-54,
-36,
-35,
43,
-8,
85,
13,
67,
22,
-1,
26,
11,
-26,
35,
-16,
-10,
-13,
62,
-15,
-3,
29,
-9,
8,
-44,
-19,
-2,
14,
-30,
21,
19,
-21,
14,
-25,
-50,
41,
-26,
6,
63,
-85,
0,
-6,
-50,
-3,
29,
-16,
-1,
-21,
-13,
23,
38,
-12,
23,
58,
-16,
49,
17,
-65,
8,
35,
96,
49,
-22,
30,
4,
36,
-19,
-43,
51,
-21,
39,
66,
-35,
12,
0,
19,
48,
61,
13,
-18,
-33,
-4,
-18,
5,
32,
-31,
11,
-27,
43,
10,
0,
-18,
16,
21,
35,
22,
-17,
44,
1,
33,
15,
9,
-47,
13,
50,
22,
-35,
-59,
-24,
12,
-2,
21,
10,
-8,
-5,
6,
-51,
-48,
11,
-17,
-12,
-11,
17,
-32,
68,
-8,
0,
-10,
14,
-24,
14,
-7,
40,
8,
34,
6,
13,
-4,
6,
-36,
-2,
0,
16,
-41,
45,
27,
58,
17,
-10,
42,
38,
-45,
32,
30,
-20,
-29,
-22,
-16,
-19,
-45,
5,
56,
-96,
-17,
-33,
55,
-12,
-51,
-14,
-62,
13,
33,
16,
24,
5,
22,
-51,
-2,
28,
38,
11,
29,
22,
-15,
-16,
-78,
-18,
28,
-14,
-29,
-20,
-5,
13,
-5,
-57,
0,
5,
13,
-4,
7,
0,
41,
0,
-12,
-11,
51,
-69,
11,
13
] |
To compel respondent to recognize relator as a member of said board, and to allow him to participate in its proceedings.
Denied June 8, 1893, with costs, on the ground that the petition fails to show his appointment by a vote of the majority of the council, exclusive of his own vote. | [
105,
-60,
-6,
0,
38,
92,
32,
1,
-10,
-25,
-20,
-78,
26,
57,
-29,
39,
60,
38,
21,
-61,
58,
-15,
-39,
45,
-25,
-9,
26,
-16,
-73,
-34,
38,
12,
-17,
-12,
-15,
-57,
-55,
-26,
25,
34,
61,
15,
-66,
-7,
-75,
8,
-28,
2,
-50,
-22,
-26,
3,
-29,
85,
11,
42,
37,
-47,
-22,
-36,
-62,
24,
9,
23,
47,
1,
-59,
-4,
25,
28,
-17,
-67,
-13,
-28,
55,
0,
-1,
-77,
21,
63,
20,
49,
-4,
-33,
-25,
33,
-6,
33,
-14,
26,
-12,
5,
-31,
49,
-36,
30,
-6,
-13,
92,
-34,
29,
-25,
26,
-32,
12,
-37,
-9,
22,
94,
-21,
9,
-22,
-19,
3,
-31,
26,
-57,
22,
-21,
-48,
-42,
-8,
-4,
-5,
-7,
7,
12,
-23,
-57,
-26,
-33,
21,
67,
-1,
-9,
-3,
23,
-51,
26,
10,
42,
95,
51,
-1,
-44,
-40,
-9,
-6,
-30,
-12,
62,
6,
24,
17,
-28,
15,
46,
-51,
68,
-18,
11,
83,
-33,
-19,
48,
-2,
-10,
-13,
-2,
14,
-20,
80,
-4,
5,
-25,
-49,
0,
50,
-10,
2,
-4,
13,
30,
12,
44,
12,
23,
-32,
21,
-50,
-34,
-43,
4,
8,
25,
13,
-4,
-36,
5,
39,
18,
58,
-69,
40,
33,
-48,
-29,
-31,
-31,
61,
-18,
-1,
-20,
-9,
44,
35,
44,
11,
49,
43,
2,
76,
12,
45,
-42,
39,
9,
48,
-9,
30,
7,
12,
4,
27,
65,
39,
-29,
36,
30,
-28,
-22,
27,
41,
49,
-16,
-71,
1,
45,
-40,
-19,
23,
26,
75,
-31,
-49,
51,
-38,
21,
0,
-84,
-14,
-18,
27,
-35,
-54,
-43,
6,
24,
66,
3,
5,
50,
39,
43,
-5,
40,
3,
-21,
3,
-38,
-32,
-1,
0,
11,
-45,
31,
12,
-5,
-14,
23,
34,
6,
77,
-1,
11,
19,
-45,
27,
52,
-57,
-4,
10,
-11,
18,
18,
-59,
-36,
-59,
72,
-22,
41,
-34,
-56,
21,
-20,
18,
17,
20,
-53,
-22,
-18,
-23,
-20,
-34,
-21,
14,
18,
5,
15,
-27,
-28,
-51,
-20,
26,
40,
21,
65,
18,
-22,
-10,
21,
14,
-13,
19,
4,
-17,
-36,
-61,
20,
27,
-23,
-15,
-42,
-27,
-45,
21,
-44,
-42,
-13,
18,
27,
-5,
-51,
0,
34,
-23,
-23,
39,
41,
17,
-18,
-5,
0,
-38,
16,
-22,
-32,
68,
-5,
16,
-68,
23,
13,
-28,
44,
-46,
-11,
45,
-18,
-13,
58,
12,
-63,
-33,
34,
37,
-10,
-12,
-8,
-22,
-14,
39,
-61,
26,
3,
-31,
-69,
-12,
20,
-10,
16,
41,
-12,
-45,
41,
-21,
12,
-34,
48,
7,
-16,
-66,
-46,
23,
-9,
9,
-9,
46,
-50,
46,
-65,
-38,
24,
8,
5,
-39,
18,
-36,
8,
-15,
34,
-25,
13,
2,
-31,
-10,
-34,
10,
-39,
44,
-1,
47,
-64,
-6,
48,
-10,
-15,
23,
49,
-43,
-38,
0,
-27,
20,
1,
41,
-17,
107,
-21,
32,
-24,
34,
-4,
5,
-34,
-4,
-1,
-24,
-22,
-7,
-10,
18,
-22,
-18,
-30,
-24,
18,
-6,
-19,
-41,
-9,
52,
21,
27,
26,
26,
16,
-2,
25,
10,
-9,
81,
-23,
-22,
3,
7,
-45,
-36,
10,
-46,
0,
-71,
8,
65,
18,
4,
-58,
-23,
-22,
10,
-14,
0,
-20,
-33,
47,
10,
-12,
4,
45,
4,
-47,
-28,
-38,
61,
-37,
0,
-35,
77,
-3,
42,
-8,
10,
31,
0,
20,
18,
-37,
-19,
-1,
-36,
-16,
59,
4,
-19,
4,
-56,
52,
24,
-34,
68,
-1,
8,
27,
-13,
-68,
1,
5,
-3,
16,
15,
59,
-7,
-73,
53,
41,
-14,
-2,
-2,
65,
0,
33,
0,
0,
-68,
-8,
-53,
-66,
-41,
-33,
-4,
-63,
-24,
-39,
23,
-59,
9,
-14,
38,
14,
-3,
-29,
56,
-24,
-19,
-24,
26,
-11,
29,
-3,
-6,
-50,
-59,
45,
20,
-54,
26,
19,
55,
-2,
-37,
-23,
77,
25,
-69,
-8,
-99,
-26,
-55,
35,
36,
-15,
22,
-73,
0,
-40,
-66,
-40,
-29,
24,
-2,
39,
-28,
-46,
-51,
22,
-7,
-2,
27,
8,
28,
22,
46,
16,
-30,
-29,
23,
2,
16,
9,
38,
-6,
0,
-5,
-1,
-5,
21,
-2,
57,
41,
9,
-27,
-22,
27,
-7,
0,
11,
-31,
-22,
-16,
38,
-33,
-25,
-20,
-39,
14,
-2,
-38,
20,
-3,
-8,
37,
-38,
60,
2,
85,
-8,
-22,
-5,
-11,
19,
-25,
-53,
-9,
9,
18,
-49,
-39,
-51,
7,
-18,
23,
-19,
-37,
14,
72,
-4,
-46,
-22,
39,
38,
-15,
15,
-29,
54,
6,
60,
0,
-26,
44,
-81,
-17,
-12,
53,
-49,
-19,
11,
29,
20,
53,
-33,
-10,
7,
-35,
-32,
-32,
30,
-52,
-51,
-98,
6,
17,
-53,
-24,
44,
7,
45,
-81,
32,
55,
41,
-33,
11,
-5,
3,
-20,
23,
-15,
-21,
6,
29,
37,
-4,
18,
-36,
-17,
-37,
3,
13,
70,
-5,
35,
-8,
-19,
10,
0,
-34,
39,
6,
-65,
-2,
49,
-35,
33,
21,
21,
-45,
13,
-38,
38,
-14,
-80,
-1,
-18,
-1,
7,
13,
9,
4,
-49,
33,
39,
-18,
-79,
16,
17,
-58,
28,
25,
8,
3,
-5,
-16,
35,
21,
23,
31,
40,
67,
-35,
26,
31,
15,
36,
11,
-21,
-72,
-27,
64,
-7,
-21,
-46,
-10,
-5,
-51,
5,
0,
-81,
40,
-30,
12,
28,
-14,
-72,
37,
-29,
-3,
33,
-45,
38,
45,
0,
42,
45,
22,
-5,
6,
68,
-36,
37,
15,
34,
-42,
15,
18,
34,
15,
32,
50,
20,
5,
-52,
13,
39,
-9,
52,
15,
26,
-1,
69,
25,
-21,
12,
6,
42,
28,
-33,
38,
-25,
-50,
71,
-22,
25,
-26,
17,
-7,
-95,
19,
-10,
20,
-39,
-8,
29,
-47,
-10,
-14,
-70,
-14,
8,
-54,
56,
15,
28,
-51,
-14,
-21,
-61,
6,
60,
34,
-32,
34,
-8,
-29,
-37,
94,
57,
-10,
27,
-15,
-7,
29,
-2,
-28,
-68,
-62,
-7,
-15,
57,
-25,
26,
-41,
-41,
-10,
-23,
52,
17,
23,
16,
-26,
28,
37,
50,
-13,
57,
0,
-14,
-30,
-17,
-22,
66,
32,
83,
25,
19,
-75,
40,
-39,
-69,
-18,
26,
0,
18,
-4,
16,
-46,
-5,
1,
10,
5,
-14,
17,
-67,
-31,
-23,
-27,
20,
-42,
16,
51,
30,
23,
18,
-58,
-17,
-65,
-11,
21,
-3,
7,
-10,
19,
-10,
17,
8,
-26,
4,
25,
-21,
23,
-19,
-5,
-86,
-49,
-35
] |
To compel respondent to turn over certain tax abstract books, which had been purchased by relators from a former treasurer, and from which respondent claimed the right to make abstracts as applied for, and to charge a fee therefor, relators having appoint <ed an abstract clerk to have charge of that business, whose duty it was to turn over all fees received into the county treasury.
Granted January 18, 1893, with costs. | [
25,
18,
46,
11,
40,
56,
42,
-35,
-14,
3,
-17,
-24,
-62,
57,
-19,
16,
25,
-12,
20,
-12,
-23,
-28,
-23,
-5,
41,
18,
42,
7,
1,
-9,
-8,
33,
-71,
37,
40,
-9,
-53,
-11,
11,
7,
-17,
38,
-44,
9,
-44,
9,
-10,
-18,
5,
-42,
23,
-24,
-40,
15,
9,
36,
-6,
-103,
-40,
-18,
10,
-1,
-21,
37,
-1,
7,
-49,
-52,
0,
-40,
-27,
-51,
0,
-46,
43,
17,
0,
-2,
-14,
60,
25,
3,
-28,
-54,
-38,
56,
-5,
-15,
53,
-52,
-28,
-25,
12,
17,
16,
48,
-30,
11,
24,
19,
-10,
-23,
71,
57,
19,
0,
36,
0,
-7,
-36,
3,
-18,
5,
-35,
-35,
48,
-18,
0,
20,
-13,
-64,
41,
31,
0,
5,
-7,
-24,
-17,
-31,
12,
-42,
-6,
-66,
5,
18,
-6,
21,
-26,
-29,
-15,
-8,
-27,
28,
-8,
-23,
-27,
6,
-14,
-72,
11,
10,
-11,
42,
24,
-42,
-14,
6,
-19,
33,
-29,
22,
14,
11,
-24,
30,
14,
13,
-23,
-26,
-16,
44,
5,
19,
44,
10,
-34,
42,
34,
5,
19,
20,
-9,
5,
8,
34,
-10,
44,
3,
22,
-5,
8,
12,
-33,
-6,
13,
6,
-5,
-18,
-30,
14,
-33,
-1,
12,
8,
32,
-15,
-15,
17,
-25,
-8,
-31,
40,
-69,
-7,
-20,
22,
-30,
-29,
3,
39,
-1,
69,
34,
28,
-39,
29,
30,
30,
6,
26,
35,
30,
-16,
-14,
-8,
40,
20,
28,
22,
-2,
-23,
-34,
-24,
-23,
8,
-13,
41,
16,
-38,
-4,
8,
8,
-98,
-1,
-8,
57,
-4,
2,
24,
-66,
-42,
30,
49,
13,
-68,
-59,
-5,
2,
23,
3,
15,
22,
24,
37,
-9,
39,
-12,
-20,
-45,
-12,
26,
-75,
-24,
-4,
-17,
17,
-36,
-13,
7,
1,
25,
3,
17,
-4,
-11,
71,
-44,
-2,
5,
-24,
-49,
-18,
11,
13,
-12,
-11,
25,
-41,
-15,
-20,
50,
-22,
-52,
-3,
-14,
10,
-7,
11,
8,
29,
32,
52,
-15,
44,
-27,
61,
31,
-35,
21,
21,
-29,
-44,
-15,
-57,
-26,
14,
-30,
-31,
43,
-10,
36,
14,
-8,
-27,
26,
-24,
-27,
-59,
13,
32,
7,
-13,
-31,
62,
10,
-36,
-6,
12,
-8,
44,
49,
-7,
46,
-52,
12,
2,
-40,
2,
37,
-27,
18,
18,
-14,
-1,
19,
22,
27,
-24,
22,
-15,
30,
-4,
-27,
-23,
-23,
10,
55,
8,
-31,
-34,
31,
59,
-47,
-17,
-1,
-60,
6,
-47,
-51,
-9,
3,
26,
1,
75,
6,
-54,
5,
56,
43,
4,
45,
20,
-41,
-29,
-3,
18,
12,
-24,
52,
-7,
0,
-46,
-52,
-10,
-27,
-4,
-3,
38,
-32,
28,
-59,
-29,
20,
-7,
-6,
-6,
-47,
0,
6,
5,
31,
-18,
6,
35,
-8,
0,
-42,
28,
49,
4,
1,
-19,
-19,
0,
-15,
6,
59,
1,
-9,
12,
8,
75,
10,
36,
1,
22,
12,
22,
-14,
31,
-72,
7,
-5,
-50,
-35,
-23,
3,
-74,
44,
-15,
31,
-60,
-86,
64,
-51,
-2,
22,
21,
-57,
-17,
-4,
-39,
-1,
39,
61,
-13,
-48,
-36,
4,
12,
3,
10,
39,
13,
14,
8,
-29,
-19,
-2,
3,
-11,
-1,
2,
27,
15,
62,
-6,
-20,
-10,
30,
-28,
8,
-41,
-10,
57,
24,
8,
102,
-17,
25,
-13,
-25,
-12,
0,
-35,
54,
-5,
42,
-7,
8,
-22,
5,
46,
6,
-31,
39,
-28,
10,
-12,
-8,
-65,
21,
5,
35,
-63,
29,
39,
-9,
15,
19,
-25,
-28,
-18,
-21,
-19,
-32,
-44,
-35,
-44,
-34,
13,
-81,
18,
16,
15,
-33,
-66,
-71,
56,
0,
-31,
20,
-5,
-81,
70,
-35,
-26,
31,
22,
16,
-31,
39,
-47,
66,
-35,
-25,
-60,
32,
36,
-21,
-17,
10,
-11,
-25,
1,
13,
29,
17,
-3,
-35,
14,
-31,
54,
33,
-31,
-28,
51,
-14,
29,
-12,
-8,
13,
6,
-4,
-1,
-5,
-14,
0,
7,
23,
15,
23,
-44,
4,
-52,
55,
56,
10,
10,
25,
-1,
5,
-72,
-39,
8,
-1,
5,
28,
-21,
21,
36,
4,
38,
23,
-23,
36,
-6,
-33,
66,
3,
4,
-46,
25,
16,
35,
-8,
13,
2,
60,
-13,
-47,
-32,
-37,
20,
29,
-15,
-27,
18,
-6,
-20,
8,
41,
-3,
31,
-3,
37,
15,
-29,
-39,
6,
34,
-10,
-14,
40,
1,
7,
-11,
38,
13,
14,
32,
-13,
25,
69,
0,
-46,
-39,
-17,
-43,
0,
-4,
-33,
-6,
-2,
11,
-32,
4,
8,
32,
-26,
-7,
-18,
0,
30,
-31,
43,
31,
-15,
-7,
6,
-11,
5,
-5,
-55,
-20,
11,
-20,
4,
84,
0,
20,
19,
-59,
9,
-22,
22,
-24,
17,
-88,
-4,
22,
-1,
-14,
30,
-49,
4,
-23,
-24,
-5,
16,
-55,
29,
-13,
8,
8,
5,
-77,
-33,
35,
-27,
17,
46,
-30,
-8,
3,
-45,
2,
29,
49,
-21,
44,
-62,
-15,
17,
23,
-34,
41,
-28,
0,
-39,
23,
7,
69,
-24,
-87,
-18,
48,
19,
-1,
-17,
-72,
36,
-8,
12,
43,
31,
7,
18,
-68,
17,
-16,
-5,
-9,
-66,
-30,
-51,
-5,
29,
-15,
-29,
-15,
1,
49,
37,
-50,
43,
-12,
40,
-26,
26,
-4,
11,
-47,
-40,
11,
-41,
38,
-47,
41,
-43,
-9,
5,
-12,
-32,
-20,
-17,
-39,
15,
-22,
-8,
-38,
-20,
-15,
2,
-31,
-17,
60,
-8,
32,
23,
6,
12,
65,
34,
-3,
-14,
-16,
50,
43,
8,
18,
7,
-6,
-3,
6,
70,
63,
-13,
-76,
-43,
-30,
24,
-21,
35,
-29,
6,
37,
-32,
16,
-23,
-20,
15,
-7,
6,
57,
-11,
16,
-59,
-41,
-4,
43,
34,
-4,
57,
6,
18,
-23,
-1,
70,
-3,
-5,
-24,
7,
-12,
-38,
-55,
10,
-36,
-20,
32,
47,
-8,
-35,
0,
15,
-23,
74,
24,
2,
24,
16,
26,
32,
51,
61,
-19,
-10,
12,
42,
13,
6,
0,
-1,
20,
0,
7,
-5,
56,
23,
0,
-8,
-9,
-13,
43,
-16,
63,
-20,
-6,
-36,
-9,
-12,
3,
27,
-6,
-78,
-20,
-6,
23,
27,
18,
-54,
15,
14,
56,
-26,
61,
41,
-82,
-18,
26,
36,
-48,
-19,
11,
-62,
38,
-27,
34,
12,
-12,
55,
-48,
24,
-13,
2,
38,
-18,
25,
26,
-4,
-11,
-98,
39,
-23,
-16,
-44,
15,
2,
-40,
30,
-43,
-16,
10,
-25,
19,
-12,
39,
-5,
23,
-15,
-5,
-19,
-24,
28
] |
To compel the vacation of an order transferring a cause from the Circuit to the Superior Court.
Denied June 21, 1876, on the ground that the record failed to show upon what pápers the circuit judge based his action. | [
20,
-29,
-6,
11,
-7,
38,
38,
11,
9,
8,
22,
-13,
17,
-22,
42,
-11,
-27,
52,
-11,
-19,
-18,
56,
51,
31,
-25,
-67,
37,
-14,
-57,
-8,
15,
-6,
-38,
42,
50,
-20,
-14,
-47,
64,
-44,
-19,
-41,
8,
24,
-4,
-42,
-61,
1,
-64,
-19,
-23,
14,
-64,
3,
9,
43,
23,
-68,
23,
-13,
-62,
-35,
31,
15,
-61,
27,
-55,
-32,
0,
-4,
-11,
-11,
-23,
0,
36,
-9,
12,
-3,
-6,
32,
87,
65,
-16,
-15,
22,
-38,
9,
20,
40,
-11,
-64,
-22,
-60,
9,
4,
23,
-21,
17,
32,
-46,
-13,
69,
0,
25,
-21,
-10,
58,
4,
-37,
-25,
44,
14,
11,
-50,
49,
6,
10,
-41,
-22,
-38,
-25,
3,
11,
47,
-9,
-3,
-10,
-20,
13,
-29,
-52,
-28,
26,
60,
-17,
-10,
32,
-3,
-57,
-68,
31,
28,
66,
0,
-9,
-16,
61,
1,
-41,
69,
0,
53,
-18,
19,
-17,
37,
18,
-33,
-1,
16,
-4,
83,
1,
-43,
21,
3,
-11,
-3,
10,
0,
-42,
75,
18,
-21,
-15,
-17,
11,
38,
-13,
26,
-3,
4,
6,
-29,
-37,
28,
-63,
11,
36,
12,
-8,
-11,
12,
8,
27,
-13,
12,
-36,
23,
5,
-30,
5,
-18,
38,
-17,
-13,
15,
24,
-18,
48,
-57,
24,
46,
-59,
48,
15,
56,
15,
-2,
5,
-11,
79,
32,
1,
-29,
14,
15,
58,
-25,
61,
-40,
3,
61,
7,
49,
-10,
19,
-3,
15,
23,
5,
33,
14,
-35,
18,
-4,
-30,
25,
-14,
-45,
31,
28,
1,
-12,
-17,
15,
15,
-17,
-15,
7,
-5,
-1,
21,
8,
37,
-27,
7,
22,
91,
-19,
-7,
-4,
-36,
-59,
5,
3,
44,
-54,
15,
-16,
-20,
-12,
5,
29,
-49,
-10,
51,
-25,
41,
51,
-52,
18,
-29,
71,
-13,
-31,
8,
58,
23,
-45,
-27,
-43,
-23,
54,
0,
-39,
-15,
-38,
21,
7,
44,
78,
-6,
-19,
-16,
55,
2,
-44,
-34,
-36,
1,
34,
-18,
15,
-39,
40,
14,
26,
33,
0,
48,
-2,
-38,
-62,
-30,
30,
-11,
15,
38,
29,
-35,
35,
-26,
11,
-1,
-5,
35,
-34,
66,
47,
-50,
21,
16,
-16,
-36,
27,
-18,
-79,
-64,
43,
-16,
-43,
5,
8,
21,
36,
-3,
31,
71,
-28,
-15,
-14,
-4,
-29,
-10,
-5,
12,
-3,
27,
-54,
36,
-34,
-13,
-47,
-4,
17,
-7,
-5,
34,
-2,
45,
10,
10,
6,
-15,
25,
31,
6,
-33,
-29,
-9,
33,
-62,
10,
23,
12,
11,
13,
21,
30,
10,
-34,
-28,
12,
2,
-4,
-6,
-3,
51,
-20,
0,
-51,
-96,
-53,
-1,
3,
3,
64,
76,
0,
3,
25,
27,
-21,
-47,
35,
68,
-29,
-44,
-3,
33,
14,
-2,
49,
-21,
-9,
7,
-55,
-42,
47,
-15,
52,
31,
-1,
-14,
19,
-21,
7,
-93,
-1,
4,
-14,
-6,
72,
-2,
20,
-66,
31,
22,
21,
-48,
23,
22,
-26,
-42,
-1,
-75,
-41,
-9,
11,
-57,
13,
18,
21,
50,
-23,
-16,
-6,
3,
42,
-13,
-33,
-16,
26,
-25,
21,
-70,
-53,
-5,
57,
-34,
10,
44,
12,
4,
16,
37,
3,
-46,
31,
48,
-29,
34,
46,
19,
-24,
-41,
-43,
-56,
-78,
6,
30,
-1,
-53,
-13,
-21,
-33,
-34,
1,
15,
2,
6,
22,
-11,
-56,
-23,
-6,
16,
18,
59,
49,
-12,
-55,
9,
6,
19,
-16,
-6,
-11,
-41,
-5,
16,
14,
-19,
-30,
21,
16,
-33,
2,
-16,
8,
-19,
-5,
-32,
-45,
40,
-4,
37,
-30,
53,
3,
-43,
-34,
12,
20,
27,
-20,
1,
51,
-1,
11,
-12,
35,
-49,
12,
-22,
-23,
-11,
-13,
-2,
-28,
19,
1,
6,
33,
0,
13,
-19,
27,
11,
6,
59,
17,
31,
23,
44,
23,
83,
7,
-40,
-1,
-31,
-55,
31,
-9,
60,
-22,
17,
-1,
-20,
-33,
13,
-23,
35,
4,
-28,
0,
18,
-2,
9,
-25,
23,
41,
14,
-29,
-18,
4,
-3,
14,
-21,
-64,
-9,
-11,
-24,
-42,
33,
-14,
-45,
16,
-4,
-8,
43,
-20,
-32,
-3,
42,
-8,
25,
-6,
23,
-21,
-27,
-21,
17,
-9,
8,
-5,
-1,
20,
-15,
-5,
3,
22,
-16,
-44,
-8,
-42,
37,
49,
-10,
23,
29,
50,
-25,
29,
16,
32,
20,
21,
10,
28,
-4,
17,
46,
53,
-39,
-47,
10,
15,
-38,
0,
-18,
-15,
31,
-33,
-30,
-31,
-39,
-24,
6,
-75,
26,
-23,
-37,
45,
-25,
36,
16,
27,
-18,
32,
-48,
11,
50,
-83,
74,
38,
-4,
18,
-66,
20,
-1,
-14,
-39,
1,
33,
5,
1,
33,
-2,
13,
1,
-8,
9,
-19,
44,
-51,
-16,
-33,
-17,
39,
-66,
-55,
52,
-15,
33,
-31,
-24,
34,
-26,
10,
16,
8,
-28,
-18,
11,
-9,
1,
30,
44,
22,
-38,
41,
-41,
38,
1,
-15,
-1,
19,
-43,
-11,
-44,
-30,
-15,
68,
-34,
-31,
35,
35,
-62,
18,
-67,
-100,
-15,
-17,
5,
-30,
36,
-9,
4,
6,
-9,
-12,
26,
-7,
37,
-8,
3,
3,
-18,
-1,
0,
-53,
-43,
32,
0,
-17,
59,
-9,
-52,
23,
1,
35,
57,
56,
-28,
-53,
42,
-13,
28,
37,
-41,
72,
-56,
16,
-83,
-15,
-38,
31,
7,
-62,
-53,
36,
-24,
-12,
-92,
-53,
2,
-19,
12,
39,
-21,
-78,
-3,
-21,
-23,
77,
-70,
18,
-26,
-19,
53,
24,
-43,
3,
-19,
-7,
-6,
23,
-23,
68,
-37,
6,
-2,
-15,
-20,
21,
5,
16,
14,
-12,
-34,
-4,
5,
55,
-73,
-41,
43,
57,
22,
24,
-52,
1,
33,
55,
-28,
24,
-20,
-31,
4,
-34,
-9,
12,
-3,
14,
-34,
15,
-14,
30,
1,
-5,
22,
-57,
-54,
28,
-55,
-57,
52,
14,
-26,
42,
-15,
23,
-14,
-2,
-1,
4,
9,
52,
-4,
-16,
21,
-13,
-19,
23,
-30,
20,
11,
52,
-3,
24,
-45,
17,
-37,
-56,
-8,
0,
42,
53,
64,
-36,
-53,
-37,
-23,
-10,
-2,
-24,
7,
67,
-3,
10,
0,
1,
36,
-30,
17,
35,
8,
-60,
36,
17,
0,
6,
22,
-67,
60,
1,
-27,
26,
-22,
11,
-51,
-31,
-14,
16,
-23,
44,
12,
32,
-4,
0,
-25,
-37,
-62,
4,
33,
-73,
-8,
-33,
123,
7,
-27,
-5,
15,
5,
-24,
-11,
-23,
-46,
25,
24,
32,
26,
77,
2,
4,
-17,
-38,
28,
5,
35,
-30,
-45,
20
] |
To compel respondent to hear an application for a temporary injunction.
Order to show cause denied May 4, 1892.
Upon the face of the papers it appeared that the circuit judge deferred the hearing because of other business, and had set a time for the hearing, and ordered that notice be given to the ■defendant. | [
-3,
-19,
-8,
42,
19,
47,
-8,
2,
-9,
-5,
49,
-87,
11,
39,
13,
37,
-10,
10,
34,
-1,
9,
29,
56,
12,
-33,
-4,
-2,
-65,
-47,
-12,
24,
-54,
-40,
60,
-23,
-55,
-29,
-74,
56,
-16,
16,
8,
-7,
0,
7,
-53,
-55,
11,
-45,
42,
21,
-34,
-7,
36,
-34,
5,
-35,
-7,
-7,
-40,
-32,
-8,
7,
45,
26,
63,
-61,
-83,
-16,
30,
-41,
-15,
35,
11,
20,
-31,
-17,
6,
-22,
21,
74,
75,
-21,
2,
50,
15,
-55,
-27,
18,
-9,
-27,
5,
-80,
-18,
26,
-9,
0,
24,
28,
24,
15,
22,
-15,
-21,
-32,
-15,
8,
24,
-45,
5,
27,
2,
31,
-34,
-14,
5,
-35,
8,
23,
-31,
-38,
-28,
-14,
-2,
14,
35,
-7,
-17,
4,
3,
-37,
32,
89,
21,
58,
28,
36,
7,
-67,
-53,
52,
-30,
35,
-2,
-13,
-28,
49,
16,
-56,
58,
22,
28,
-32,
31,
-31,
55,
67,
-49,
33,
0,
32,
58,
-20,
-34,
9,
-59,
-21,
-18,
16,
-13,
18,
50,
0,
20,
-30,
-73,
56,
0,
-1,
27,
-3,
23,
-12,
0,
40,
3,
-2,
15,
43,
21,
21,
2,
8,
67,
40,
-29,
-19,
-52,
69,
-32,
-6,
53,
-67,
-42,
-13,
-38,
-9,
-12,
-7,
18,
-66,
32,
8,
-16,
33,
9,
10,
15,
24,
35,
45,
52,
-10,
39,
-52,
-30,
36,
2,
-6,
47,
-5,
0,
13,
14,
52,
34,
4,
-12,
20,
8,
0,
49,
-8,
22,
-24,
4,
3,
49,
-8,
-47,
34,
75,
30,
-17,
7,
34,
-51,
-13,
-21,
-11,
38,
41,
-22,
-18,
31,
-33,
24,
11,
41,
-21,
-4,
-40,
18,
6,
26,
-13,
-3,
-15,
7,
-12,
-33,
25,
-64,
22,
-24,
-15,
51,
-52,
29,
38,
-23,
16,
-44,
68,
58,
17,
-18,
26,
7,
-48,
-26,
-9,
-18,
14,
-20,
-46,
2,
-31,
2,
6,
24,
38,
-8,
-15,
-39,
68,
-6,
18,
-28,
-56,
30,
11,
-37,
-17,
-35,
66,
16,
24,
40,
0,
17,
-22,
-71,
-40,
-15,
61,
20,
37,
-2,
23,
-5,
15,
-17,
43,
15,
22,
4,
-35,
13,
53,
-18,
0,
7,
-52,
-48,
-4,
-71,
-73,
-16,
26,
43,
-77,
11,
-19,
53,
9,
20,
-44,
19,
5,
-51,
-42,
-6,
-35,
-22,
-43,
10,
36,
-50,
13,
4,
-40,
13,
-1,
37,
30,
8,
15,
43,
-24,
7,
18,
7,
8,
-4,
-23,
-47,
17,
-30,
20,
2,
-1,
-53,
7,
7,
4,
-15,
-47,
17,
2,
62,
-8,
17,
21,
-21,
-6,
0,
27,
26,
-31,
-45,
-49,
-38,
7,
-43,
36,
24,
-16,
0,
0,
4,
9,
22,
-6,
-32,
58,
22,
-34,
-48,
-50,
25,
-9,
-28,
25,
5,
-21,
-27,
-96,
20,
25,
8,
18,
32,
-41,
-11,
-19,
41,
62,
-15,
4,
-34,
-11,
-62,
34,
-28,
9,
-28,
7,
16,
32,
2,
31,
38,
-16,
-67,
15,
-39,
23,
-40,
19,
-68,
47,
45,
-8,
31,
-10,
-3,
32,
12,
15,
-7,
-4,
7,
-3,
-19,
9,
-41,
-48,
2,
35,
-3,
22,
-4,
0,
15,
4,
55,
1,
-3,
-16,
19,
0,
13,
-9,
28,
25,
-47,
24,
-59,
-16,
-12,
-19,
-29,
-7,
-28,
7,
-25,
-9,
-44,
-26,
13,
22,
20,
-6,
-16,
44,
0,
-16,
12,
44,
-7,
5,
-37,
-25,
37,
-23,
-15,
-11,
49,
-18,
-17,
20,
53,
10,
-34,
-19,
-16,
19,
23,
-22,
13,
-8,
-9,
-20,
-24,
2,
20,
-12,
-28,
31,
-35,
16,
-9,
47,
-12,
18,
-77,
4,
41,
-2,
-29,
-51,
-75,
-35,
42,
-54,
-32,
-62,
-26,
-39,
-37,
-5,
-14,
68,
-22,
-18,
-5,
-28,
13,
27,
33,
12,
10,
-6,
-13,
4,
4,
26,
1,
18,
-29,
-22,
-33,
-15,
29,
-2,
5,
59,
20,
-26,
-25,
-21,
10,
3,
-37,
-51,
-24,
17,
12,
6,
-51,
12,
34,
-1,
15,
-6,
-14,
29,
-25,
0,
-17,
48,
-4,
-49,
-35,
34,
-44,
-20,
3,
-7,
18,
43,
21,
-39,
23,
-2,
46,
-28,
39,
0,
-17,
-38,
-19,
-2,
3,
-40,
-45,
37,
24,
-20,
13,
14,
59,
13,
-31,
-34,
11,
25,
-3,
45,
16,
0,
-1,
-10,
-7,
-16,
42,
40,
2,
20,
13,
-78,
64,
20,
39,
-21,
-59,
13,
-1,
-14,
31,
-39,
0,
-27,
-5,
-3,
6,
-25,
63,
60,
-25,
10,
-14,
-15,
62,
-52,
31,
-30,
35,
-36,
10,
-5,
-12,
90,
-64,
42,
7,
13,
49,
-24,
24,
37,
0,
-40,
-44,
34,
-33,
-33,
39,
-22,
16,
-6,
4,
-30,
-13,
-11,
-44,
22,
-51,
-6,
48,
-84,
12,
9,
-11,
-34,
-30,
-1,
16,
-6,
6,
-13,
72,
-62,
-18,
44,
25,
-23,
-24,
21,
37,
-46,
24,
-26,
8,
3,
15,
-11,
59,
2,
-7,
-64,
-38,
-26,
71,
-33,
36,
13,
-9,
-14,
79,
-60,
-54,
-76,
-14,
-14,
-44,
-69,
15,
-13,
-30,
-47,
37,
24,
-4,
38,
-3,
28,
17,
-13,
0,
23,
-54,
-11,
-42,
-13,
-16,
62,
-57,
-45,
-28,
41,
20,
33,
10,
7,
17,
-25,
4,
12,
58,
-104,
53,
-28,
-27,
-19,
33,
40,
27,
7,
-15,
-13,
0,
-25,
-2,
-38,
-42,
16,
-31,
12,
26,
24,
-54,
16,
-36,
-31,
45,
-23,
-25,
12,
-5,
15,
34,
-40,
14,
-12,
-40,
0,
7,
-25,
45,
-8,
3,
24,
-30,
8,
-16,
0,
16,
-43,
6,
-40,
31,
18,
-28,
-40,
-29,
15,
8,
36,
0,
2,
-1,
37,
55,
35,
4,
-19,
-7,
33,
-31,
3,
41,
42,
9,
-1,
-3,
50,
2,
-9,
2,
-5,
-13,
-64,
50,
9,
-23,
-12,
20,
-3,
57,
-6,
-1,
-5,
-6,
-11,
24,
32,
51,
-18,
22,
33,
-3,
0,
-2,
-3,
-14,
-9,
-15,
57,
-33,
-36,
0,
-57,
3,
0,
15,
38,
52,
6,
21,
-23,
-50,
-10,
18,
11,
36,
3,
56,
24,
4,
49,
66,
-33,
-1,
-6,
48,
2,
-20,
16,
5,
19,
27,
0,
-44,
63,
-29,
-27,
-5,
32,
-11,
-53,
18,
-32,
-10,
30,
1,
-42,
19,
-17,
22,
-77,
-43,
-1,
-52,
59,
-62,
44,
-7,
72,
10,
48,
-3,
-6,
24,
-28,
23,
12,
-6,
-8,
-12,
-14,
-14,
15,
-8,
16,
-3,
-35,
26,
-32,
18,
-2,
-39,
28
] |
To compel approval of a liquor bond.
Granted July 1, 1886.
Relator presented tbe bond April 12, 1886. Tbe matter was deferred until May 3, 1886, on which day an ordinance of the village, passed April 9, 1886, took effect and respondents base their refusal upon the ordinance.
Held, that as the statute required relator to file his bond on or before May 1, it was the duty of respondents to act upon it before that date and that said ordinance had no force until May 3. | [
45,
14,
3,
-2,
-20,
38,
24,
8,
31,
-8,
-30,
-18,
-17,
44,
5,
61,
7,
-4,
-20,
26,
12,
20,
-25,
26,
-6,
2,
-5,
13,
-19,
-29,
46,
-25,
-59,
0,
-4,
-66,
-37,
-28,
55,
0,
33,
71,
-37,
36,
-65,
-17,
0,
-88,
-50,
-15,
-4,
5,
15,
50,
28,
52,
-24,
-42,
7,
78,
-5,
-35,
-51,
36,
-56,
19,
-26,
27,
2,
5,
30,
-52,
-28,
29,
2,
27,
4,
55,
-9,
-16,
7,
-5,
-7,
15,
1,
-11,
-38,
4,
36,
17,
-17,
-23,
-32,
7,
-38,
12,
-17,
-15,
11,
5,
15,
-2,
-10,
9,
17,
23,
32,
-3,
0,
-32,
2,
-38,
39,
17,
-41,
39,
-65,
0,
11,
-7,
13,
-21,
89,
5,
-8,
-38,
-21,
-14,
16,
-34,
-25,
21,
34,
18,
-23,
-32,
-1,
33,
-14,
-19,
-43,
33,
24,
-38,
36,
-61,
-28,
-5,
-6,
57,
-18,
3,
2,
33,
-42,
18,
86,
-21,
19,
-41,
-3,
22,
-8,
2,
-10,
-24,
-15,
-47,
-42,
4,
10,
67,
16,
37,
13,
-47,
30,
18,
8,
27,
-7,
0,
-7,
12,
50,
-16,
-24,
2,
23,
32,
-35,
-20,
-34,
38,
21,
16,
-28,
-21,
4,
40,
-48,
44,
-38,
0,
-36,
-36,
10,
48,
-26,
3,
-59,
-37,
-45,
16,
10,
-39,
-16,
35,
49,
54,
8,
24,
16,
55,
-40,
-8,
10,
44,
-15,
11,
31,
20,
-37,
52,
38,
-9,
-24,
36,
21,
57,
-14,
27,
-24,
-6,
-68,
-12,
7,
7,
1,
-24,
-9,
2,
-1,
42,
13,
17,
-43,
0,
57,
-25,
36,
-7,
52,
2,
-25,
-39,
10,
34,
12,
36,
2,
-14,
43,
-25,
0,
23,
-15,
-44,
-4,
63,
-30,
-37,
5,
78,
-13,
20,
9,
-3,
-53,
-15,
40,
-5,
4,
2,
-24,
28,
-60,
67,
19,
-12,
18,
21,
-10,
31,
-38,
-10,
21,
48,
35,
-14,
12,
-37,
-35,
64,
20,
14,
27,
-32,
-2,
-50,
-24,
10,
-29,
-56,
-47,
0,
-24,
65,
-24,
5,
-67,
-19,
-40,
14,
5,
52,
22,
-29,
-11,
1,
58,
34,
32,
-4,
-11,
10,
24,
-56,
36,
34,
-60,
-13,
-10,
16,
-28,
23,
-36,
-23,
7,
53,
48,
17,
-46,
11,
38,
-56,
18,
-16,
30,
0,
16,
32,
-10,
-9,
6,
-4,
-36,
45,
-34,
26,
5,
0,
50,
29,
42,
6,
6,
32,
-28,
-14,
45,
39,
-26,
-28,
-31,
-22,
-9,
-37,
-19,
-55,
-25,
37,
-1,
11,
39,
-18,
-38,
42,
48,
23,
28,
-9,
14,
-92,
24,
0,
-12,
-50,
41,
7,
-26,
-41,
-6,
-22,
-1,
-16,
21,
18,
-20,
29,
-41,
-4,
16,
20,
1,
-32,
-3,
-7,
-34,
-39,
-27,
-6,
37,
33,
-7,
-11,
-88,
-11,
29,
19,
10,
46,
-5,
16,
-3,
13,
6,
56,
57,
2,
50,
10,
-7,
25,
8,
36,
-33,
-13,
-41,
11,
-17,
-13,
55,
-46,
-79,
-1,
13,
3,
0,
22,
-21,
-36,
-5,
9,
-14,
-13,
-9,
-25,
-11,
44,
25,
-22,
-11,
58,
-62,
-4,
-19,
-45,
32,
36,
-24,
17,
-77,
24,
10,
16,
-34,
-5,
19,
-23,
22,
-21,
-21,
32,
20,
-3,
6,
-35,
-31,
-8,
-29,
46,
-16,
-22,
-20,
60,
17,
10,
-35,
-22,
-26,
-18,
-7,
9,
-34,
18,
-20,
30,
9,
-18,
9,
5,
17,
20,
-7,
39,
-1,
-21,
-13,
-11,
-67,
2,
-3,
28,
-50,
-23,
59,
-15,
-86,
19,
4,
8,
-1,
-19,
-72,
-62,
17,
-39,
-26,
28,
-12,
-16,
-52,
32,
11,
9,
-69,
-52,
33,
23,
-25,
32,
-17,
-12,
31,
-24,
-1,
-20,
-83,
-2,
-70,
80,
-77,
35,
-17,
-5,
8,
55,
-17,
27,
12,
74,
19,
-31,
4,
-15,
22,
7,
36,
12,
-2,
-1,
24,
57,
-16,
13,
42,
5,
13,
9,
-46,
7,
-45,
16,
-25,
-41,
42,
9,
-14,
88,
-58,
2,
21,
0,
-21,
10,
-10,
66,
51,
-97,
1,
2,
-45,
-40,
-19,
47,
-13,
42,
-32,
-43,
-28,
-9,
34,
-14,
-4,
27,
7,
-42,
25,
12,
5,
4,
12,
-7,
12,
1,
-6,
8,
-23,
1,
28,
-52,
0,
-30,
5,
-25,
-37,
15,
16,
38,
-23,
-47,
-23,
-14,
-5,
10,
-7,
24,
17,
38,
4,
-14,
-21,
39,
45,
44,
-48,
41,
7,
59,
21,
-22,
6,
13,
-18,
-15,
6,
-38,
-8,
-8,
1,
-32,
37,
-4,
7,
-41,
25,
-4,
44,
12,
-14,
-19,
23,
23,
-28,
30,
-80,
-44,
-3,
4,
-43,
-25,
9,
-28,
1,
-41,
-1,
27,
68,
-48,
-32,
-57,
-26,
38,
11,
15,
-55,
48,
-22,
3,
-13,
-31,
-37,
18,
35,
9,
-34,
-23,
8,
42,
25,
13,
-25,
68,
-6,
-12,
-20,
-2,
25,
0,
9,
-24,
33,
-17,
-19,
-7,
9,
23,
18,
14,
-47,
-10,
-1,
-42,
2,
-37,
1,
-46,
45,
-36,
-36,
-35,
37,
5,
-4,
23,
27,
-5,
47,
11,
-29,
29,
-24,
14,
23,
24,
-30,
45,
-31,
-22,
7,
-23,
-50,
-6,
2,
-12,
13,
20,
44,
-33,
-46,
41,
41,
-2,
15,
0,
48,
20,
20,
1,
28,
3,
4,
-28,
-6,
-69,
19,
15,
56,
14,
4,
-11,
23,
-14,
-7,
-41,
-7,
-10,
7,
51,
-23,
-13,
-29,
23,
-8,
-5,
22,
12,
-1,
-6,
32,
4,
33,
-25,
-30,
-37,
-52,
-31,
4,
34,
-4,
-87,
-23,
76,
-40,
26,
-1,
39,
-7,
-51,
41,
11,
57,
-42,
-5,
1,
7,
9,
16,
26,
18,
24,
-22,
69,
22,
6,
22,
-52,
-74,
-15,
-73,
7,
-29,
42,
14,
-78,
7,
81,
18,
-31,
20,
-1,
-7,
-42,
0,
-35,
-61,
-48,
-22,
22,
39,
0,
-9,
-61,
-12,
19,
3,
63,
0,
21,
6,
-20,
-34,
34,
-11,
28,
22,
26,
0,
-4,
-20,
-34,
-45,
-5,
-22,
19,
32,
-3,
27,
-18,
-23,
24,
-12,
12,
7,
-45,
-22,
36,
-22,
46,
36,
68,
38,
8,
-30,
80,
-1,
11,
48,
-12,
-16,
33,
44,
52,
-41,
17,
17,
-46,
-12,
19,
-2,
2,
50,
-38,
-33,
33,
89,
-22,
28,
-20,
3,
-81,
-46,
7,
3,
-39,
-81,
-9,
-12,
19,
17,
1,
2,
1,
11,
-78,
26,
5,
-21,
-32,
-59,
-34,
0,
3,
37,
8,
13,
11,
16,
-33,
70,
-42,
-44,
5
] |
To compel respondents to- print upon the official ballot upon the People’s party ticket, the name of Henry M. Youmans as candidate for Congress.
Denied November 1, 1892, with costs.
It appeared that the congressional convention was divided into two sections, each of which made a nomination, and the election commissioners decided to print two People’s Party tickets, the one containing the name of the nominee of one convention and the other the name of the nominee of the other convention. See No. 1117. | [
71,
-31,
23,
-19,
74,
55,
-9,
10,
13,
-42,
-30,
-68,
22,
27,
25,
51,
46,
32,
44,
-82,
-77,
-32,
-51,
13,
0,
-19,
-3,
10,
-57,
-52,
38,
0,
-4,
18,
5,
-38,
-18,
-8,
28,
-12,
17,
-31,
-49,
42,
5,
-14,
15,
59,
-85,
23,
-53,
-40,
9,
38,
-33,
6,
5,
-21,
-30,
-45,
-39,
28,
57,
-22,
-25,
-55,
4,
-30,
63,
-58,
8,
-33,
-12,
-39,
34,
-2,
-10,
-40,
-24,
13,
2,
45,
0,
-67,
39,
-1,
-11,
-42,
60,
-9,
4,
-16,
-22,
14,
93,
-62,
-7,
19,
12,
7,
5,
-8,
-36,
-19,
-37,
-74,
-9,
41,
-50,
-42,
28,
-6,
-7,
23,
33,
31,
16,
10,
-32,
-41,
-20,
-35,
-28,
19,
-36,
29,
-41,
13,
-41,
5,
37,
25,
26,
-97,
43,
106,
-48,
-48,
-12,
-27,
8,
11,
59,
-2,
-58,
-89,
8,
33,
-8,
-21,
43,
34,
-57,
29,
-3,
5,
41,
-48,
51,
0,
-71,
-3,
-29,
-55,
6,
55,
-12,
-19,
-6,
17,
-21,
-18,
22,
-4,
-21,
-12,
33,
66,
-22,
-12,
-16,
15,
-27,
22,
-17,
13,
1,
-8,
-3,
-35,
35,
3,
19,
8,
33,
19,
-43,
20,
-1,
25,
15,
0,
-25,
-17,
10,
-28,
-64,
36,
-29,
-27,
-8,
-28,
33,
-29,
-10,
54,
11,
-18,
64,
11,
23,
11,
6,
0,
-15,
3,
63,
41,
5,
54,
-12,
25,
41,
31,
47,
54,
-18,
-56,
-57,
18,
0,
-50,
-3,
18,
69,
60,
-1,
48,
0,
-17,
84,
5,
16,
-8,
-84,
32,
-76,
0,
-29,
-28,
-26,
42,
43,
-18,
-35,
-62,
69,
-3,
43,
41,
-26,
0,
-12,
61,
-59,
53,
-1,
-38,
-19,
14,
6,
17,
11,
8,
-38,
-50,
55,
-4,
72,
22,
-39,
6,
24,
4,
-9,
19,
-18,
52,
25,
-19,
-16,
47,
45,
-17,
32,
-31,
36,
-128,
20,
37,
75,
27,
-1,
-36,
-48,
40,
16,
65,
-41,
-3,
-24,
-20,
4,
9,
-53,
32,
32,
31,
13,
-16,
47,
-6,
23,
-112,
20,
14,
57,
45,
15,
-35,
-5,
3,
-3,
52,
-2,
-22,
-70,
-23,
8,
8,
-17,
18,
0,
-92,
-46,
-37,
-19,
-18,
-28,
-12,
-9,
30,
64,
-17,
28,
-38,
-42,
51,
81,
-4,
3,
-7,
5,
28,
39,
9,
25,
65,
-24,
-25,
6,
73,
37,
-43,
6,
115,
32,
-33,
-11,
-36,
23,
11,
-63,
16,
41,
28,
-57,
-44,
-6,
6,
25,
47,
-36,
78,
23,
74,
-25,
43,
-23,
21,
9,
-7,
-19,
13,
34,
-10,
-27,
8,
-23,
52,
35,
-37,
-107,
23,
-19,
0,
-31,
102,
47,
32,
-48,
-78,
-2,
15,
-72,
-30,
-13,
-70,
36,
-72,
-29,
-5,
-12,
81,
-1,
-1,
24,
-33,
-16,
7,
-4,
33,
-99,
-5,
32,
25,
-32,
-22,
-82,
-33,
-53,
27,
16,
-23,
-5,
98,
-35,
-6,
-24,
37,
-33,
29,
51,
-25,
-55,
-45,
-7,
-26,
19,
9,
6,
-31,
-58,
-83,
18,
-77,
-10,
35,
25,
-86,
21,
0,
39,
-3,
109,
27,
-14,
-13,
-55,
50,
-8,
81,
28,
38,
-15,
11,
0,
-7,
26,
-4,
28,
-46,
23,
6,
4,
36,
-45,
-23,
-46,
-27,
-13,
0,
-59,
-51,
17,
-3,
48,
-37,
22,
3,
-19,
5,
8,
26,
-20,
28,
12,
37,
22,
15,
28,
21,
24,
-11,
26,
-6,
-44,
9,
19,
-73,
-18,
103,
1,
28,
-61,
-29,
-1,
17,
-19,
26,
-13,
-65,
-12,
-34,
-54,
37,
7,
10,
35,
4,
-10,
6,
-14,
24,
-8,
-51,
6,
3,
31,
22,
-12,
-39,
1,
-37,
6,
-43,
-29,
5,
-8,
-39,
-66,
-77,
-32,
43,
-7,
1,
-9,
36,
27,
-12,
3,
-21,
-30,
18,
26,
-53,
-27,
41,
34,
-35,
-45,
18,
-40,
-5,
-9,
-33,
-39,
37,
-8,
-103,
30,
34,
46,
11,
30,
-44,
14,
28,
11,
21,
-2,
-27,
-63,
0,
-69,
-46,
22,
41,
62,
48,
22,
-28,
-43,
-27,
-42,
25,
-23,
-35,
47,
23,
37,
13,
-36,
-37,
-41,
-18,
-40,
41,
-19,
82,
19,
-57,
47,
-15,
-62,
-17,
2,
-66,
23,
-25,
22,
10,
13,
-27,
2,
9,
10,
33,
5,
3,
14,
30,
63,
-9,
18,
-19,
40,
-2,
-35,
-18,
11,
28,
5,
0,
-11,
35,
-104,
-102,
-40,
3,
38,
35,
-54,
70,
68,
-14,
-29,
-63,
13,
23,
8,
53,
0,
1,
28,
7,
-21,
50,
45,
2,
29,
47,
35,
80,
-29,
44,
-32,
-17,
58,
-48,
-61,
16,
19,
-29,
-2,
96,
12,
-54,
61,
1,
3,
-21,
-10,
-20,
28,
37,
-42,
-12,
-27,
22,
-2,
-65,
8,
20,
8,
-49,
-65,
-32,
17,
-28,
20,
-27,
-16,
1,
-44,
23,
2,
39,
40,
19,
7,
10,
-14,
1,
35,
-1,
-3,
-14,
10,
2,
9,
-37,
44,
2,
43,
11,
15,
61,
-38,
-91,
20,
5,
-23,
54,
-29,
-63,
-19,
-31,
12,
-14,
-55,
-54,
4,
12,
-29,
-36,
36,
31,
-50,
16,
-19,
-1,
2,
-47,
-17,
-34,
14,
26,
-22,
-16,
-23,
-56,
98,
29,
24,
11,
-17,
55,
3,
-10,
38,
-21,
39,
-33,
58,
-32,
-22,
19,
-11,
-19,
-5,
37,
28,
-29,
-42,
68,
-11,
-9,
-13,
-26,
37,
-12,
-58,
44,
-21,
36,
35,
-20,
15,
13,
45,
1,
41,
13,
9,
-66,
21,
-35,
42,
9,
81,
-42,
15,
-78,
50,
21,
16,
1,
-26,
-69,
-37,
-40,
39,
53,
-15,
-52,
10,
27,
14,
-28,
-9,
-23,
7,
16,
21,
22,
45,
-11,
32,
40,
-49,
37,
-4,
-6,
23,
-58,
56,
21,
28,
-2,
69,
-9,
-11,
-32,
-38,
-79,
64,
45,
-33,
15,
-21,
-16,
6,
-4,
15,
-60,
104,
21,
-2,
0,
-15,
4,
-27,
11,
37,
-7,
51,
11,
19,
15,
64,
16,
-13,
-55,
-63,
23,
-25,
28,
-10,
63,
-51,
-27,
4,
-1,
-22,
45,
11,
-7,
8,
58,
54,
57,
57,
-15,
12,
-9,
-6,
-34,
-28,
-41,
28,
101,
-22,
-14,
-25,
53,
-75,
-69,
-57,
54,
14,
16,
30,
-14,
-76,
-37,
-16,
-12,
-29,
-1,
20,
-28,
-50,
-82,
23,
-27,
-27,
34,
-29,
75,
55,
11,
6,
-60,
-33,
-14,
29,
-18,
-2,
-16,
-4,
-67,
51,
19,
4,
19,
59,
-28,
43,
-69,
38,
-20,
-12,
11
] |
To compel an assessment of damages in a replevin suit, where the writ was quashed because it did not describe the goods taken, the only description being in an affidavit annexed.
Denied October 31, 1878. | [
-11,
-63,
-17,
-12,
5,
10,
38,
23,
-2,
23,
-5,
-50,
-21,
43,
-28,
67,
12,
26,
31,
-12,
-38,
-3,
0,
-45,
8,
-54,
58,
-22,
-50,
-2,
14,
41,
-50,
6,
13,
-17,
-32,
-35,
5,
-3,
-31,
20,
5,
34,
-12,
-56,
-50,
-14,
-37,
-3,
-18,
-73,
-29,
-29,
-8,
10,
0,
-19,
-11,
10,
11,
-30,
53,
3,
-85,
-4,
-49,
-16,
-7,
1,
16,
22,
6,
-85,
-17,
-84,
-13,
21,
-2,
21,
26,
-30,
34,
11,
35,
2,
-6,
1,
19,
-21,
8,
-53,
-41,
14,
-53,
35,
-3,
4,
16,
33,
26,
9,
4,
10,
31,
-21,
-25,
25,
-34,
8,
25,
-19,
0,
-59,
31,
8,
-29,
-40,
32,
-7,
-51,
21,
11,
25,
-40,
24,
40,
-35,
6,
48,
6,
9,
21,
98,
39,
-40,
0,
8,
-84,
-24,
-30,
-7,
6,
-39,
3,
-17,
33,
-39,
-33,
40,
-12,
-42,
-24,
19,
-2,
7,
25,
-10,
-3,
-42,
10,
23,
-48,
-19,
34,
-14,
26,
-29,
3,
-25,
13,
21,
11,
-17,
5,
7,
11,
69,
18,
34,
-2,
-1,
-12,
-5,
-31,
-10,
-25,
13,
22,
-6,
-7,
-8,
33,
4,
24,
5,
13,
-44,
34,
23,
54,
6,
-32,
-5,
15,
19,
59,
-27,
-6,
33,
-45,
-9,
-3,
9,
0,
-47,
54,
7,
35,
-8,
-63,
56,
-22,
11,
-30,
34,
9,
79,
15,
29,
-15,
28,
-14,
-30,
28,
-50,
35,
-10,
55,
-20,
-11,
12,
-27,
-56,
29,
-8,
-34,
-3,
-1,
-26,
32,
13,
20,
23,
-57,
22,
10,
22,
-9,
-15,
-38,
47,
31,
-22,
-13,
-32,
13,
26,
13,
26,
4,
2,
-18,
46,
65,
-3,
-60,
-23,
46,
-49,
-32,
-21,
-25,
-22,
-74,
-37,
32,
5,
-7,
35,
35,
-10,
-26,
-7,
-15,
-24,
-83,
-22,
22,
3,
-31,
-46,
-18,
-4,
2,
-31,
3,
-25,
38,
-41,
12,
72,
-23,
16,
-16,
8,
32,
-40,
1,
-31,
-47,
-12,
18,
10,
8,
-20,
-6,
51,
32,
14,
21,
4,
-14,
-34,
-6,
28,
29,
-86,
28,
-12,
31,
51,
-19,
-19,
-49,
65,
-29,
-36,
48,
81,
-15,
-15,
-34,
-21,
16,
39,
-21,
27,
-1,
28,
41,
1,
54,
-49,
64,
28,
-45,
-1,
-7,
33,
17,
-26,
-6,
-5,
2,
-47,
-6,
-18,
-15,
-24,
-25,
-11,
-22,
-14,
41,
76,
23,
-38,
9,
-25,
20,
22,
62,
-31,
-21,
-15,
-26,
3,
14,
30,
-31,
31,
12,
6,
-30,
-31,
75,
13,
-14,
-15,
-14,
22,
-16,
-26,
11,
-8,
57,
-20,
5,
28,
-17,
6,
-12,
-13,
3,
-57,
5,
4,
20,
-18,
-29,
-10,
39,
5,
-16,
-34,
-9,
0,
5,
-19,
-46,
6,
-1,
1,
-39,
-36,
-67,
17,
32,
-8,
-33,
-2,
0,
-33,
55,
-1,
42,
38,
66,
3,
8,
48,
-47,
39,
35,
-22,
-18,
-46,
-13,
33,
28,
40,
28,
-45,
-21,
-5,
2,
-3,
-42,
3,
2,
47,
16,
-1,
27,
48,
-25,
-14,
-4,
38,
-12,
-38,
52,
66,
-43,
49,
-19,
-43,
32,
-8,
-47,
56,
-45,
17,
27,
47,
3,
16,
7,
8,
-20,
3,
24,
-23,
-19,
25,
2,
-47,
-34,
-10,
-46,
34,
-87,
-2,
1,
18,
9,
-9,
25,
64,
7,
-8,
-3,
-18,
-31,
-1,
13,
18,
25,
30,
24,
3,
37,
-37,
-5,
4,
-24,
44,
-30,
5,
-39,
-21,
85,
55,
-29,
-28,
43,
-46,
-14,
-13,
25,
8,
-39,
-3,
-37,
-24,
57,
-5,
0,
4,
-64,
-37,
0,
22,
62,
-26,
9,
-48,
7,
20,
18,
43,
22,
-30,
-7,
5,
-32,
-4,
-48,
16,
-70,
15,
0,
-37,
-32,
22,
-63,
-10,
-10,
0,
10,
32,
-5,
-28,
-31,
13,
-14,
-7,
-21,
-38,
49,
3,
12,
4,
-7,
12,
23,
68,
24,
-5,
45,
27,
10,
8,
-14,
-76,
-18,
-39,
-28,
6,
-47,
-8,
28,
88,
-33,
18,
-7,
46,
22,
-36,
1,
-12,
-21,
20,
15,
-28,
59,
2,
14,
-28,
-3,
22,
43,
-23,
19,
53,
9,
-10,
31,
12,
13,
-27,
-2,
-9,
34,
68,
0,
0,
38,
42,
26,
-18,
30,
-54,
-10,
-22,
-22,
49,
32,
18,
13,
2,
47,
41,
-12,
8,
2,
0,
30,
-40,
44,
-37,
18,
-7,
49,
42,
-50,
-26,
-41,
58,
-19,
-46,
17,
-2,
17,
-31,
0,
-8,
-2,
7,
-14,
-33,
-15,
-44,
26,
-32,
-7,
46,
36,
-54,
2,
-53,
43,
-15,
-69,
1,
42,
2,
12,
-19,
-31,
-33,
24,
-32,
-11,
-25,
2,
-42,
58,
-1,
-28,
-29,
43,
4,
19,
26,
-38,
33,
11,
81,
33,
-36,
-27,
41,
-34,
5,
-56,
-30,
71,
-13,
-51,
-1,
-16,
-40,
-39,
0,
-8,
-17,
62,
68,
-8,
-5,
56,
-100,
13,
-2,
-16,
21,
38,
8,
-3,
-38,
-16,
64,
-26,
-50,
22,
-16,
13,
-32,
12,
-31,
-62,
6,
17,
-1,
12,
-28,
-34,
0,
-46,
7,
-16,
54,
44,
23,
-75,
31,
-38,
-15,
-45,
-79,
-40,
-86,
16,
-9,
26,
27,
-9,
-40,
18,
48,
-30,
55,
57,
-11,
23,
32,
13,
23,
23,
-43,
-26,
36,
6,
-24,
-2,
-9,
15,
-35,
-26,
-56,
-1,
24,
46,
-96,
-62,
-12,
-20,
-57,
13,
-13,
11,
22,
-45,
6,
62,
0,
-31,
16,
9,
14,
-2,
-27,
0,
-38,
23,
-17,
22,
-4,
77,
13,
-25,
40,
28,
44,
1,
-34,
15,
27,
26,
-28,
-41,
2,
-7,
40,
-13,
5,
-13,
22,
55,
-45,
63,
29,
38,
-6,
30,
-64,
-17,
-1,
-32,
-24,
-32,
68,
55,
-47,
68,
-38,
18,
-19,
28,
-13,
-6,
-29,
43,
-15,
44,
9,
-38,
25,
87,
11,
16,
-35,
32,
-30,
13,
65,
-41,
-17,
-14,
18,
-10,
15,
17,
1,
-47,
7,
9,
38,
11,
-24,
15,
-15,
-38,
-23,
-42,
59,
80,
50,
-3,
-24,
52,
11,
-9,
30,
45,
30,
-9,
21,
55,
-5,
-21,
18,
-23,
14,
-11,
48,
-21,
-25,
-5,
54,
-31,
-52,
-65,
6,
-6,
-18,
-22,
19,
13,
-79,
-21,
2,
-17,
31,
-12,
34,
0,
-7,
-1,
5,
-81,
-14,
33,
-10,
5,
57,
11,
25,
-60,
-36,
38,
-25,
-19,
-33,
-11,
-1,
3,
-27,
-51,
-5,
-6,
66,
58,
24,
-65,
28,
29,
1,
64,
-28,
64,
-32
] |
To vacate a default judgment, on the application of one of sev•eral defendants, where the affidavit of service alleges that affiant served the declaration on the defendants, named in the declaration, by delivering to “said defendants” a true copy thereof, and the showing made by relator, in the court below and here, is that the declaration was not served upon relator nor was any notice given him of the subsequent proceedings.
Granted December 18, 1896, with costs. | [
-75,
-8,
24,
38,
17,
-35,
54,
-1,
-5,
-29,
21,
-69,
19,
61,
-62,
-2,
-20,
-21,
-20,
-25,
-50,
-50,
-57,
-5,
22,
13,
45,
-27,
35,
-37,
18,
-18,
-10,
-13,
36,
-43,
-51,
-50,
-19,
15,
24,
56,
33,
11,
-46,
-6,
-32,
-9,
-44,
-20,
-22,
-10,
-12,
24,
22,
11,
-19,
-17,
-57,
51,
26,
-29,
0,
34,
-39,
26,
-28,
1,
-37,
47,
28,
16,
-13,
-28,
0,
-27,
-21,
-26,
7,
35,
44,
-14,
-22,
3,
6,
-7,
3,
-49,
18,
-66,
-53,
16,
-26,
31,
-86,
6,
-44,
15,
40,
39,
1,
-38,
42,
72,
1,
19,
-26,
-39,
-52,
-3,
-48,
-18,
35,
-23,
-39,
16,
-64,
-3,
40,
-99,
-38,
-32,
62,
-3,
33,
11,
50,
-57,
-33,
21,
-3,
-11,
-6,
54,
8,
-35,
51,
-11,
-13,
-15,
32,
-30,
33,
16,
-7,
7,
123,
29,
-64,
-5,
-13,
25,
-2,
35,
-38,
-19,
-9,
-26,
0,
-45,
44,
-7,
-75,
20,
8,
-21,
-21,
3,
38,
-7,
10,
-3,
-22,
-8,
4,
-52,
19,
-4,
3,
-11,
18,
45,
8,
-3,
90,
-32,
-58,
-7,
3,
-13,
-54,
30,
-16,
19,
-17,
20,
-6,
-22,
30,
55,
32,
-8,
-28,
-7,
2,
-39,
20,
12,
1,
17,
-60,
-36,
-87,
-61,
57,
-55,
68,
-4,
3,
8,
-46,
34,
-58,
32,
-19,
-22,
-30,
23,
5,
27,
-31,
1,
-8,
-21,
27,
32,
-28,
73,
39,
7,
15,
48,
7,
-66,
-24,
-31,
3,
-40,
-50,
-16,
9,
2,
-24,
31,
-10,
26,
-19,
11,
18,
30,
-8,
19,
9,
-4,
-35,
6,
-3,
-29,
38,
-20,
1,
-12,
11,
9,
47,
10,
-25,
22,
11,
14,
-23,
30,
-19,
-22,
-73,
12,
24,
5,
-2,
11,
-3,
-11,
-13,
47,
20,
-37,
-20,
25,
16,
25,
22,
0,
28,
38,
-17,
-47,
6,
-4,
-45,
6,
7,
3,
-7,
15,
1,
-6,
4,
7,
-22,
-1,
-27,
42,
2,
-29,
-25,
-11,
0,
42,
14,
15,
-9,
-38,
-64,
-6,
26,
63,
-2,
-5,
43,
0,
47,
-33,
-107,
3,
-21,
38,
7,
-9,
9,
14,
-16,
-20,
-16,
-14,
-17,
63,
-76,
-23,
39,
53,
23,
-19,
-21,
-29,
23,
-4,
-52,
28,
3,
-11,
29,
-28,
-36,
-25,
18,
29,
8,
-49,
-70,
38,
-26,
-28,
-56,
-21,
10,
3,
-45,
16,
-29,
-50,
-37,
21,
-21,
-28,
21,
-10,
2,
-8,
-49,
12,
14,
12,
8,
8,
-50,
-44,
7,
-28,
38,
16,
22,
24,
-2,
-17,
-7,
-4,
-13,
-8,
9,
-38,
22,
-5,
0,
49,
-3,
0,
53,
19,
-11,
2,
26,
1,
18,
47,
-15,
50,
-12,
-57,
26,
33,
2,
-2,
-33,
-12,
13,
8,
-33,
-2,
-8,
9,
54,
41,
8,
2,
-20,
-17,
58,
19,
-34,
-4,
43,
14,
-5,
79,
-13,
-26,
-2,
-2,
-93,
9,
-21,
-24,
0,
-3,
-18,
6,
3,
4,
-10,
2,
11,
-15,
9,
-12,
37,
37,
-1,
17,
-13,
19,
-9,
26,
-48,
52,
-32,
-19,
-75,
-38,
12,
53,
-19,
56,
-28,
0,
24,
16,
-36,
37,
-11,
13,
1,
22,
-4,
22,
30,
-3,
-22,
-29,
-67,
-16,
10,
7,
-49,
-24,
-23,
20,
7,
52,
0,
13,
-20,
11,
36,
46,
-29,
1,
-11,
-13,
20,
-10,
-2,
2,
60,
17,
4,
42,
-9,
-1,
14,
-4,
-32,
-15,
12,
18,
-24,
0,
31,
-42,
23,
3,
-13,
-6,
-8,
-16,
-39,
-16,
14,
-7,
-27,
-44,
41,
-44,
-45,
24,
-24,
5,
-26,
-45,
-2,
-5,
32,
47,
7,
-62,
18,
-26,
-15,
-17,
-8,
11,
-13,
55,
4,
-17,
-50,
-7,
-55,
27,
-22,
92,
3,
5,
-34,
19,
0,
-50,
7,
-3,
-36,
-18,
28,
-1,
9,
48,
10,
23,
47,
-10,
59,
18,
3,
-2,
1,
27,
29,
-72,
-4,
-41,
8,
-51,
-20,
41,
-14,
6,
-6,
52,
29,
16,
18,
-14,
3,
36,
-33,
8,
2,
33,
11,
-19,
67,
30,
21,
23,
33,
23,
-2,
-8,
32,
-14,
41,
11,
-37,
-26,
-8,
10,
43,
-6,
17,
1,
35,
16,
27,
-94,
15,
13,
31,
7,
20,
-24,
24,
-48,
-40,
51,
22,
17,
-58,
-25,
-42,
9,
13,
7,
40,
41,
-1,
24,
102,
-2,
6,
7,
15,
34,
-20,
-29,
35,
25,
2,
-42,
14,
-9,
2,
30,
-3,
1,
27,
-4,
19,
-11,
27,
16,
-48,
-3,
0,
14,
-14,
45,
10,
8,
57,
-28,
3,
-12,
19,
-21,
22,
7,
9,
28,
-18,
-27,
15,
17,
8,
-26,
6,
23,
10,
53,
-88,
45,
-7,
21,
65,
-28,
8,
36,
13,
28,
-30,
-19,
29,
-6,
-9,
-6,
4,
10,
-43,
32,
-14,
43,
33,
-20,
-23,
-31,
11,
-68,
-12,
-4,
47,
49,
7,
-16,
6,
23,
-39,
-2,
11,
-66,
28,
-10,
9,
22,
14,
-33,
2,
-3,
-46,
35,
14,
-27,
-3,
-8,
-29,
21,
-15,
-1,
23,
9,
5,
54,
-19,
-43,
-27,
-43,
26,
-23,
-11,
-33,
-18,
-4,
25,
-42,
41,
33,
6,
22,
-37,
53,
-21,
-18,
-4,
-8,
0,
-56,
44,
15,
-28,
-18,
-20,
-26,
6,
-9,
-74,
-38,
-11,
-5,
-1,
-13,
14,
32,
16,
-59,
20,
5,
-30,
8,
-41,
-40,
22,
-43,
-12,
-5,
10,
21,
11,
-13,
17,
-30,
1,
33,
30,
-77,
38,
-5,
26,
41,
-23,
-20,
73,
-79,
4,
30,
2,
0,
-25,
39,
7,
49,
-24,
-13,
-8,
40,
36,
-13,
-27,
36,
10,
0,
11,
-21,
2,
-20,
-8,
-20,
-35,
15,
-3,
6,
5,
20,
64,
7,
62,
3,
-36,
-7,
83,
18,
-9,
-1,
30,
13,
1,
19,
-31,
-35,
48,
15,
37,
20,
-15,
1,
-17,
16,
13,
58,
93,
18,
-17,
23,
47,
-5,
1,
2,
20,
0,
-65,
30,
3,
33,
-14,
45,
-46,
57,
-21,
5,
-43,
36,
1,
-24,
-47,
-37,
-6,
-27,
0,
-22,
-5,
10,
-31,
-1,
13,
14,
-13,
51,
17,
7,
-40,
9,
44,
-22,
-30,
-34,
-30,
-57,
-1,
-6,
-52,
46,
-57,
31,
-32,
6,
86,
-21,
-37,
2,
51,
4,
17,
-28,
17,
-15,
-9,
-37,
-9,
-78,
-46,
-50,
-23,
32,
-31,
-4,
-16,
4,
42,
77,
-14,
41,
-48,
-4,
46,
55,
58,
20,
18,
24
] |
To require respondent to enter a judgment for costs in favor of relator, wbo is defendant in an action of assumpsit, wberein tbe declaration contained a special count and tbe common counts; upon tbe trial, upon defendant’s motion, plaintiff elected to seek recovery on tbe special count and bad judgment, wbieb was reversed in tbe Supreme Court, wbicb found tbat tbe special count contained no cause of action; plaintiff tben discontinued as to tbe special count, and defendants, assuming tbat tbe election on tbe former trial bad cut off recourse to tbe general counts, moved for judgment for costs.
Denied February 11, 1880, with costs. | [
-3,
-35,
-61,
13,
60,
-2,
61,
19,
-21,
-4,
5,
-12,
-9,
50,
-8,
-20,
-37,
26,
15,
-3,
3,
-19,
-55,
8,
-19,
38,
28,
-1,
-6,
-11,
-16,
-44,
-64,
-43,
-49,
15,
-20,
41,
10,
5,
3,
-44,
19,
23,
-63,
5,
-61,
-27,
-39,
-20,
-18,
-49,
-26,
35,
17,
36,
33,
-10,
-9,
-41,
11,
-42,
4,
4,
-15,
-56,
-68,
32,
-17,
3,
28,
15,
13,
-30,
13,
-102,
7,
-37,
-18,
16,
-8,
-22,
0,
2,
-37,
-2,
-39,
-16,
-23,
-6,
-8,
53,
-43,
-6,
31,
50,
-2,
9,
-3,
0,
-8,
31,
-24,
15,
-12,
28,
-27,
-25,
-42,
-51,
0,
14,
-1,
-12,
-22,
25,
-48,
9,
8,
-33,
9,
33,
49,
13,
-12,
27,
-45,
0,
-68,
1,
-6,
46,
-28,
12,
-4,
16,
44,
-14,
-40,
-9,
90,
-40,
-8,
9,
7,
-8,
45,
25,
-35,
19,
-13,
87,
18,
32,
51,
-4,
37,
-55,
49,
-8,
-3,
16,
-17,
-31,
11,
-2,
0,
33,
25,
-25,
5,
-8,
-19,
7,
-5,
79,
-21,
-53,
-22,
-29,
10,
2,
-5,
3,
-49,
0,
-7,
40,
-22,
16,
61,
-38,
19,
26,
52,
12,
42,
18,
27,
-4,
20,
-5,
-56,
20,
-10,
-31,
25,
-65,
-24,
19,
-19,
-41,
-62,
-39,
42,
-4,
27,
-3,
1,
-20,
-57,
56,
34,
34,
-13,
-6,
8,
51,
48,
42,
1,
-12,
-6,
40,
18,
-54,
-29,
17,
20,
11,
-14,
64,
9,
19,
9,
-38,
-37,
34,
-24,
-52,
19,
6,
-18,
18,
-52,
-19,
-25,
39,
-29,
-43,
-9,
58,
-30,
-39,
-37,
-34,
15,
6,
16,
-88,
9,
42,
54,
21,
5,
14,
-9,
-25,
18,
-22,
-8,
-24,
7,
17,
-52,
23,
-13,
-22,
17,
12,
32,
-17,
29,
-19,
46,
34,
-37,
26,
-27,
-61,
-37,
-46,
38,
-2,
5,
-13,
21,
5,
-35,
-67,
-31,
0,
-25,
-23,
51,
17,
4,
6,
-45,
-11,
5,
1,
-12,
0,
10,
-11,
35,
6,
38,
9,
-43,
-23,
12,
37,
-2,
-39,
35,
38,
6,
38,
60,
48,
-46,
-7,
0,
30,
-22,
-13,
5,
41,
-45,
-34,
-40,
25,
58,
-60,
-38,
28,
-16,
59,
73,
-6,
-52,
-38,
25,
-34,
10,
15,
10,
47,
28,
-19,
1,
-52,
-19,
-4,
-23,
98,
-20,
31,
8,
-29,
4,
-33,
56,
-26,
-7,
-24,
-34,
-51,
-5,
18,
30,
-2,
39,
-15,
-58,
-36,
-7,
10,
-1,
34,
30,
24,
11,
-6,
-12,
10,
-38,
17,
-2,
23,
-27,
-66,
-37,
6,
-35,
-25,
46,
-14,
47,
-24,
31,
25,
28,
-50,
3,
-38,
-5,
24,
-28,
7,
-15,
-26,
26,
38,
-13,
-2,
45,
4,
42,
8,
-35,
2,
32,
-43,
-13,
5,
27,
-22,
24,
8,
-27,
-40,
37,
10,
-8,
-1,
-1,
40,
41,
-10,
-23,
23,
28,
-9,
27,
17,
25,
11,
-34,
-1,
40,
31,
-36,
-27,
-11,
-17,
-30,
-14,
-42,
-12,
-29,
-59,
-26,
-21,
-5,
-9,
-11,
-22,
-46,
37,
22,
-3,
0,
37,
-38,
-2,
-57,
-7,
-73,
48,
-10,
-29,
46,
27,
10,
-13,
-47,
3,
10,
-5,
25,
-1,
19,
-13,
-18,
17,
-50,
21,
28,
40,
-53,
22,
-50,
13,
-36,
-15,
-16,
45,
17,
-14,
-44,
13,
-40,
22,
26,
6,
42,
8,
17,
75,
64,
26,
68,
-10,
-10,
-20,
13,
-34,
8,
0,
23,
34,
-13,
-2,
9,
-22,
18,
4,
3,
-37,
-19,
-8,
7,
-2,
28,
7,
14,
32,
3,
79,
-51,
28,
-20,
-29,
-18,
8,
39,
-1,
27,
13,
0,
-77,
-24,
-7,
-34,
-2,
-15,
0,
-36,
-15,
-23,
-9,
15,
0,
-40,
7,
12,
12,
-5,
3,
-34,
-61,
-11,
7,
-33,
58,
-31,
-26,
8,
26,
12,
5,
34,
-3,
15,
14,
12,
2,
14,
46,
-41,
32,
22,
-21,
5,
-24,
-26,
7,
25,
17,
-4,
30,
-55,
17,
1,
16,
-4,
-26,
-15,
16,
0,
-25,
-45,
-20,
-17,
10,
28,
10,
38,
49,
29,
-26,
-30,
-44,
-3,
10,
18,
-30,
-10,
-3,
-11,
0,
37,
17,
43,
12,
50,
-13,
23,
-17,
-5,
8,
23,
0,
-57,
52,
-42,
10,
-55,
20,
8,
49,
17,
8,
-16,
63,
-20,
-33,
0,
4,
14,
-23,
48,
-4,
44,
3,
-8,
31,
9,
-35,
60,
48,
17,
-28,
-12,
42,
28,
-20,
-30,
-30,
10,
-25,
58,
-4,
-17,
-5,
33,
-1,
59,
-36,
17,
-9,
-44,
24,
35,
-7,
25,
-50,
-20,
0,
4,
9,
-8,
11,
5,
33,
-38,
35,
10,
0,
19,
-30,
-22,
-11,
-26,
-10,
-74,
96,
-2,
-26,
-17,
23,
-15,
0,
-15,
-48,
16,
-1,
-25,
-41,
44,
28,
-27,
63,
-12,
-57,
0,
0,
9,
-19,
-12,
-56,
-12,
41,
20,
-40,
14,
15,
-6,
-15,
38,
12,
-7,
-68,
27,
19,
-29,
0,
32,
-45,
29,
-29,
11,
27,
56,
-39,
2,
10,
-4,
65,
-17,
-1,
0,
29,
-9,
42,
-23,
2,
-47,
-28,
-5,
-36,
18,
-41,
-10,
-8,
-46,
-28,
-19,
44,
16,
89,
-3,
5,
-75,
17,
-10,
4,
40,
-1,
7,
5,
2,
-26,
60,
54,
-84,
0,
-29,
-47,
-25,
-21,
-8,
-9,
-83,
-19,
-12,
-30,
34,
-15,
-3,
-24,
-57,
37,
0,
-20,
-5,
9,
-22,
-11,
0,
-9,
-5,
0,
-51,
14,
27,
-20,
17,
51,
-12,
48,
29,
11,
44,
-4,
25,
-26,
-41,
36,
4,
83,
-35,
-4,
-10,
9,
-39,
46,
53,
-2,
30,
5,
-17,
-20,
-77,
-27,
-42,
6,
-31,
13,
29,
28,
5,
20,
24,
-35,
-21,
42,
43,
-5,
-18,
-18,
31,
-22,
44,
-19,
-63,
24,
49,
25,
-11,
49,
1,
-15,
28,
22,
-5,
13,
-3,
-25,
50,
37,
-14,
-29,
26,
-22,
22,
6,
28,
-42,
32,
8,
-14,
21,
-27,
74,
-32,
-7,
-19,
10,
28,
35,
-28,
25,
23,
11,
-37,
-9,
26,
1,
30,
1,
16,
-13,
-33,
12,
-35,
-1,
-48,
-15,
8,
-37,
-38,
18,
24,
-74,
-8,
26,
87,
-19,
0,
4,
-56,
-66,
-28,
-3,
8,
6,
76,
-33,
-6,
-11,
15,
35,
-11,
-10,
18,
0,
8,
-16,
31,
-29,
-22,
-27,
33,
49,
-9,
-42,
12,
26,
8,
61,
19,
42,
-34,
-13,
-24,
36,
-10,
17,
1,
32
] |
To compel payment of fees and expenses of relator, a deputy sheriff, for service in a distant county, of two warrants received from a justice of the peace.
Order to.show cause denied November 18, 1891. | [
20,
-24,
-4,
36,
2,
26,
5,
-2,
-31,
64,
35,
-58,
-22,
38,
1,
50,
53,
14,
57,
-50,
7,
-24,
-31,
26,
-37,
-18,
31,
13,
-59,
-49,
-27,
-14,
-37,
26,
-14,
-23,
15,
-12,
31,
-6,
5,
22,
8,
-7,
-31,
-55,
-60,
-14,
-32,
-9,
-21,
-19,
-25,
23,
-25,
47,
58,
-64,
-5,
-32,
-37,
-16,
-21,
9,
-49,
56,
-91,
-36,
0,
37,
35,
-43,
21,
40,
22,
40,
-56,
-49,
20,
90,
47,
60,
-31,
11,
21,
23,
-8,
1,
44,
-19,
-36,
15,
-76,
32,
5,
-9,
-49,
19,
21,
19,
47,
-11,
28,
48,
-2,
-20,
-3,
-29,
-72,
-44,
7,
-27,
60,
-45,
-10,
-24,
-23,
-46,
45,
-15,
-41,
7,
79,
11,
-3,
1,
27,
-18,
-23,
-10,
16,
-10,
70,
0,
25,
-28,
-1,
-4,
-17,
-13,
26,
52,
39,
23,
10,
-42,
40,
1,
-74,
52,
10,
38,
38,
41,
0,
62,
45,
-44,
32,
-25,
31,
62,
-22,
-57,
19,
-41,
3,
22,
-15,
-19,
50,
77,
-17,
-18,
-1,
-57,
18,
26,
29,
-3,
-21,
-1,
-20,
15,
65,
-4,
16,
18,
27,
11,
-21,
-38,
47,
39,
53,
38,
15,
-79,
46,
8,
35,
16,
-10,
-11,
2,
-31,
18,
-51,
-22,
48,
-68,
10,
1,
-9,
-28,
16,
-28,
15,
-8,
12,
9,
48,
34,
17,
-40,
-31,
-10,
21,
20,
50,
0,
17,
-21,
0,
24,
-42,
5,
26,
16,
-8,
-52,
4,
-8,
-6,
39,
-4,
-38,
-50,
-6,
-32,
-8,
15,
-30,
-12,
-32,
-11,
-15,
10,
19,
5,
-5,
6,
27,
37,
-32,
-26,
3,
28,
77,
-9,
-9,
48,
10,
-4,
11,
20,
-1,
23,
0,
31,
6,
-5,
-72,
-3,
-17,
-22,
13,
34,
31,
1,
-14,
-6,
-7,
28,
1,
42,
18,
-24,
51,
-51,
-23,
-48,
25,
20,
-18,
-58,
44,
-95,
3,
1,
18,
-33,
-1,
36,
-38,
33,
9,
-34,
-26,
-35,
15,
5,
-16,
11,
-2,
23,
18,
59,
33,
31,
-15,
-37,
-65,
-20,
9,
21,
13,
-18,
-23,
7,
-3,
-4,
-34,
42,
0,
-4,
-2,
-20,
31,
9,
-25,
40,
3,
50,
-46,
63,
-52,
-37,
0,
56,
12,
-38,
-30,
-28,
31,
-6,
30,
0,
17,
1,
14,
-17,
-9,
-30,
11,
-27,
-29,
4,
0,
5,
-13,
-47,
-59,
14,
28,
21,
27,
-34,
-31,
-30,
42,
18,
12,
10,
12,
43,
-19,
-68,
-35,
-14,
-19,
18,
38,
16,
-71,
30,
-24,
49,
4,
6,
40,
-66,
-3,
43,
0,
-13,
-5,
11,
24,
-12,
16,
-30,
-5,
30,
40,
-27,
-11,
38,
39,
8,
-15,
-3,
63,
8,
10,
-32,
-41,
-24,
-23,
-2,
11,
-32,
68,
26,
-52,
-9,
12,
-13,
16,
20,
33,
21,
-28,
0,
-43,
-12,
31,
45,
-6,
24,
8,
25,
-26,
30,
-35,
5,
-37,
10,
-13,
25,
-14,
26,
-16,
-46,
-47,
-11,
3,
-30,
34,
-14,
-26,
-38,
-24,
33,
-15,
-24,
15,
-23,
10,
2,
-8,
-5,
-23,
-16,
32,
45,
-27,
6,
15,
85,
-13,
29,
23,
40,
-9,
-36,
41,
36,
16,
-30,
-47,
20,
40,
-39,
0,
43,
-16,
21,
-16,
-44,
-22,
17,
-74,
-39,
49,
10,
13,
7,
-18,
34,
-26,
-29,
34,
9,
-55,
37,
11,
6,
-13,
4,
2,
29,
65,
-12,
7,
63,
-42,
3,
8,
-45,
-30,
0,
56,
-7,
-49,
-31,
28,
-27,
-21,
12,
28,
-64,
-4,
-63,
-47,
5,
7,
30,
-36,
-4,
18,
-7,
10,
40,
81,
-21,
-85,
-28,
52,
19,
-10,
-44,
-41,
-42,
55,
3,
42,
-24,
-8,
11,
-50,
51,
-10,
36,
-16,
5,
-40,
6,
41,
-32,
-28,
43,
-16,
9,
0,
-14,
61,
43,
15,
-9,
-28,
61,
70,
-27,
27,
-19,
-25,
-39,
5,
-38,
-17,
-39,
15,
37,
-54,
-6,
45,
-9,
-18,
-9,
-1,
11,
-40,
24,
-4,
51,
-3,
14,
-36,
18,
-1,
31,
-66,
-50,
-43,
-23,
-10,
-9,
-2,
-29,
0,
-3,
29,
7,
22,
58,
0,
-38,
52,
29,
18,
-43,
-65,
24,
-16,
-15,
13,
34,
30,
33,
-22,
-52,
-6,
-68,
-62,
-48,
35,
37,
-24,
-32,
49,
14,
5,
-28,
-48,
34,
11,
37,
-37,
-16,
-7,
-24,
8,
42,
22,
-4,
-48,
4,
-16,
-9,
39,
-18,
-44,
53,
-10,
-20,
5,
-33,
10,
34,
-64,
-17,
12,
31,
64,
-33,
37,
-21,
13,
-24,
2,
-52,
-12,
51,
-6,
-8,
5,
-23,
19,
1,
13,
52,
8,
-62,
-19,
19,
-33,
6,
-27,
1,
-38,
-34,
51,
-15,
25,
-2,
22,
-9,
-83,
-4,
24,
-3,
-18,
1,
-29,
-5,
-22,
0,
22,
6,
13,
30,
19,
8,
-16,
26,
-22,
-31,
14,
40,
63,
-7,
44,
-62,
40,
-18,
4,
-18,
54,
-27,
54,
-43,
-22,
5,
21,
-73,
-5,
-13,
-53,
-30,
57,
-65,
49,
-40,
-65,
-35,
-11,
-11,
-12,
-5,
-2,
34,
-36,
30,
22,
48,
-8,
0,
-60,
-8,
3,
-8,
-49,
-10,
-35,
-46,
-3,
36,
-49,
-25,
20,
-20,
22,
49,
-46,
13,
33,
4,
-38,
18,
32,
-9,
-8,
-58,
-50,
-49,
-10,
0,
-20,
21,
-40,
-7,
20,
-46,
-11,
-9,
-56,
31,
-66,
4,
-47,
-4,
-49,
26,
-27,
-3,
52,
3,
-34,
40,
-15,
3,
60,
-56,
-15,
4,
52,
15,
26,
5,
82,
-19,
14,
17,
47,
29,
54,
-27,
-12,
-86,
-9,
-14,
-5,
19,
27,
3,
-37,
-24,
11,
62,
-2,
-34,
-9,
42,
20,
-1,
-47,
-23,
-28,
16,
-4,
32,
-29,
14,
44,
-39,
-31,
27,
-24,
-5,
17,
20,
-56,
-32,
-3,
-70,
13,
0,
-6,
21,
57,
26,
0,
58,
-1,
9,
19,
-10,
23,
-50,
1,
-29,
6,
49,
-7,
-26,
30,
-29,
23,
12,
11,
1,
-13,
-50,
-12,
69,
20,
69,
62,
49,
18,
8,
2,
-29,
-12,
24,
6,
-12,
2,
40,
-15,
51,
42,
4,
-10,
82,
19,
44,
-28,
47,
28,
22,
-16,
-18,
-29,
54,
-17,
-22,
48,
17,
-26,
-29,
-3,
12,
-49,
28,
-40,
-17,
-51,
41,
-5,
-74,
-30,
-4,
-16,
75,
-74,
10,
-22,
19,
-5,
0,
32,
-23,
42,
-24,
62,
31,
17,
20,
-16,
17,
16,
-25,
-16,
0,
59,
-42,
36,
14,
25,
-33,
-29,
-6
] |
To compel respondent to execute to relator a deed of certain lands sold at a tax sale.
Denied June 29, 1892, with costs.
The sale was made May 4, 1891, and the return showed that, on April 30, 1892, the delinquent made an application for redemption, and on that date, which was Saturday, mailed to the auditor general from Grand Ledge the necessary money for such redemption, and respondent received the money on Monday morning, and issued a certificate of redemption. | [
22,
6,
-43,
59,
28,
55,
27,
18,
29,
-17,
-40,
-17,
-3,
53,
8,
19,
-24,
-7,
-33,
21,
-20,
-39,
-11,
15,
13,
-57,
40,
15,
-46,
23,
14,
27,
-59,
10,
31,
-45,
-33,
-42,
42,
9,
-58,
37,
-23,
23,
-36,
0,
-60,
-77,
-31,
0,
53,
-42,
-10,
16,
47,
62,
17,
-24,
-40,
-30,
2,
1,
-8,
18,
-7,
3,
-60,
-16,
21,
-31,
-36,
-19,
42,
-15,
32,
34,
0,
25,
-5,
22,
-16,
-1,
10,
-52,
-22,
13,
6,
-10,
52,
6,
-2,
-36,
4,
22,
34,
22,
-38,
1,
31,
-4,
16,
2,
4,
32,
26,
-87,
-6,
-26,
-7,
-5,
23,
-23,
38,
-36,
24,
5,
-6,
-38,
-29,
-8,
-30,
-34,
21,
-33,
30,
-18,
-42,
-21,
-20,
0,
-37,
8,
-23,
0,
-33,
-1,
4,
-22,
3,
-43,
-9,
48,
11,
-67,
9,
-53,
44,
-21,
-17,
31,
-46,
22,
3,
23,
0,
20,
48,
-18,
6,
-60,
-3,
20,
-33,
-16,
28,
0,
10,
26,
-1,
-7,
72,
32,
13,
39,
-2,
-54,
72,
6,
25,
73,
-2,
13,
21,
14,
28,
-47,
-17,
17,
17,
-3,
1,
19,
45,
-1,
-15,
25,
12,
-65,
-1,
4,
-16,
-40,
-1,
28,
7,
-21,
29,
-28,
-6,
31,
-39,
11,
-17,
-31,
-13,
45,
38,
15,
63,
6,
36,
75,
3,
18,
-1,
5,
18,
32,
-28,
32,
13,
13,
35,
-8,
44,
16,
-5,
-5,
-40,
22,
-16,
12,
21,
-32,
-19,
11,
-3,
-1,
31,
2,
-13,
-39,
-66,
15,
-22,
36,
32,
-1,
-8,
-57,
-11,
26,
29,
-14,
-47,
-38,
26,
25,
-15,
17,
-10,
21,
-9,
8,
-3,
-7,
4,
-24,
-27,
-21,
48,
-49,
23,
23,
-37,
7,
-38,
5,
20,
-32,
16,
19,
46,
0,
-15,
-15,
-16,
19,
38,
-34,
-6,
-35,
4,
8,
9,
14,
42,
-30,
60,
-7,
57,
-10,
31,
1,
-6,
-12,
6,
1,
7,
12,
14,
16,
-21,
17,
-16,
45,
19,
14,
-20,
46,
-17,
-17,
-59,
-6,
49,
0,
24,
-65,
-5,
-22,
18,
51,
35,
-15,
-2,
-26,
-26,
-28,
52,
58,
-23,
-1,
-7,
18,
-6,
-7,
1,
0,
7,
36,
63,
-27,
17,
-46,
39,
-10,
-34,
-36,
55,
26,
-31,
24,
-16,
22,
3,
-11,
-17,
15,
-78,
-23,
14,
-10,
9,
8,
48,
25,
36,
-21,
-5,
-47,
34,
43,
-1,
-32,
29,
-8,
5,
-54,
-45,
-61,
-9,
80,
38,
54,
-18,
41,
22,
7,
-9,
23,
5,
-51,
-19,
-36,
33,
-32,
9,
19,
45,
27,
30,
-11,
-22,
9,
16,
-12,
-6,
42,
18,
46,
-35,
61,
40,
-7,
-8,
-9,
7,
1,
4,
-46,
14,
25,
-5,
36,
-2,
-11,
-24,
-15,
37,
-5,
-60,
-13,
-63,
0,
-14,
24,
9,
-24,
28,
-44,
-6,
-3,
8,
-18,
26,
-16,
-16,
-46,
29,
7,
-26,
74,
22,
-16,
-42,
11,
43,
-1,
3,
10,
-32,
-3,
-48,
0,
-11,
-51,
-20,
27,
-15,
-40,
49,
-42,
45,
28,
14,
0,
-20,
-31,
73,
43,
14,
-1,
-24,
64,
-26,
2,
-33,
33,
18,
21,
24,
13,
-17,
-34,
46,
58,
1,
-43,
4,
32,
-12,
4,
-70,
-14,
31,
8,
46,
28,
5,
-3,
-11,
-61,
-36,
3,
-43,
16,
2,
55,
-38,
30,
4,
41,
-56,
36,
-36,
63,
-3,
11,
31,
-46,
-54,
36,
25,
18,
-57,
-59,
-16,
-105,
1,
-6,
-38,
-13,
10,
-95,
-23,
-44,
28,
-15,
-95,
20,
-7,
-34,
-28,
28,
21,
-33,
-29,
-26,
40,
20,
-6,
-36,
10,
-64,
32,
40,
-25,
30,
-12,
18,
-66,
27,
-34,
49,
-42,
-15,
-55,
41,
1,
-23,
-16,
40,
-7,
-1,
31,
-29,
-23,
7,
-6,
-11,
-7,
28,
17,
33,
21,
-18,
42,
-20,
2,
-20,
6,
44,
-8,
-13,
-13,
2,
-33,
-27,
-38,
45,
34,
16,
-27,
53,
-26,
38,
-1,
25,
10,
-63,
12,
-46,
-75,
-62,
-45,
41,
-34,
14,
26,
-11,
-25,
-4,
-17,
-1,
11,
43,
0,
-2,
61,
4,
37,
-39,
27,
24,
38,
3,
22,
-6,
-7,
31,
-38,
-61,
-42,
-49,
5,
6,
38,
103,
0,
7,
-15,
-15,
-3,
34,
-34,
-15,
-20,
26,
16,
5,
-34,
8,
3,
64,
7,
17,
-30,
52,
41,
33,
30,
38,
-28,
27,
14,
-19,
-22,
-26,
-44,
0,
-23,
15,
22,
-15,
-14,
-47,
14,
-25,
4,
-21,
-63,
-55,
63,
35,
-42,
-23,
28,
-11,
20,
8,
-27,
55,
-23,
-11,
-4,
7,
10,
33,
6,
-27,
-64,
6,
-36,
18,
24,
13,
-27,
4,
-68,
-28,
35,
-20,
-28,
87,
-6,
-43,
-95,
-19,
-22,
21,
-15,
20,
6,
15,
0,
13,
-18,
-43,
7,
26,
-12,
30,
2,
-40,
21,
-21,
-19,
16,
67,
-19,
13,
-17,
-59,
-30,
-34,
-25,
0,
-34,
0,
-28,
-22,
38,
-41,
5,
-30,
-29,
59,
-28,
-11,
-17,
-66,
-24,
-44,
-18,
37,
-16,
-8,
41,
-46,
17,
2,
0,
-43,
-43,
2,
-48,
-2,
32,
18,
-18,
1,
-18,
-5,
-7,
-18,
21,
59,
55,
-45,
5,
17,
27,
-13,
-16,
11,
-93,
12,
-22,
12,
-47,
-64,
2,
23,
-59,
5,
-16,
-35,
-2,
-13,
-6,
-24,
-2,
-15,
45,
-45,
33,
18,
-10,
-18,
6,
33,
9,
17,
-14,
10,
3,
22,
-26,
27,
45,
13,
-1,
-6,
13,
69,
45,
32,
9,
46,
-57,
-4,
-12,
-2,
-4,
-9,
12,
37,
-6,
11,
12,
-41,
-50,
-24,
8,
14,
-46,
6,
-10,
-10,
32,
24,
-28,
-10,
11,
-24,
-22,
1,
7,
37,
9,
8,
-10,
-18,
-52,
-29,
-87,
18,
-50,
-16,
27,
96,
15,
-33,
6,
7,
-23,
26,
31,
9,
-22,
-37,
28,
10,
22,
30,
7,
22,
-29,
17,
64,
24,
1,
-57,
-32,
-80,
53,
16,
66,
32,
4,
59,
-10,
72,
36,
-10,
8,
-7,
-2,
-44,
-5,
14,
43,
0,
13,
21,
82,
22,
-35,
5,
1,
3,
6,
-43,
51,
-28,
21,
5,
-48,
-13,
-14,
53,
-10,
0,
-9,
4,
-3,
21,
10,
-40,
5,
-16,
-44,
55,
-16,
3,
-37,
-36,
29,
-43,
-16,
-33,
-28,
-40,
-32,
4,
-25,
58,
6,
20,
-48,
-23,
1,
53,
41,
9,
23,
44,
32,
86,
-23,
17,
-30,
-3,
16
] |
N. A. Baguley, J.
Defendant was convicted on September 29, 1980, by a Genesee County Circuit Court jury of breaking and entering with intent to commit larceny. MCL 750.110; MSA 28.305. He appeals as of right.
Defendant contends that he is entitled to a resentencing because the trial court improperly increased the sentence imposed following conviction from that offered in exchange for a plea of guilty to the charged offense.
It appears that the trial court actively participated in plea bargaining by offering defendant on the record a sentence of from 2-1/2 to 10 years in exchange for a plea of guilty to the charged offense. The plea was not accepted because of defendant’s failure to admit an element of the crime. After conviction of the charged offense, defendant was sentenced to a prison term of from 6 to 10 years.
This Court has frowned upon a trial judge’s participation in plea negotiations. People v Bennett, 84 Mich App 408; 269 NW2d 618 (1978), People v Mathis, 92 Mich App 670; 285 NW2d 414 (1979), People v Dixon, 103 Mich App 518; 303 NW2d 32 (1981), and the sentencing judge may not consider a defendant’s refusal to plead guilty in imposing sentence. People v Earegood, 383 Mich 82, 84-85; 173 NW2d 205 (1970), People v Travis, 85 Mich App 297, 303; 271 NW2d 208 (1978). Where a trial judge participates in plea negotiations by offering a specific sentence in exchange for a plea, a greater sentence imposed after a conviction following a trial is susceptible to claims that the trial judge considered the defendant’s refusal to plead guilty in determining the sentence.
The trial court here did not indicate that it was imposing a higher sentence because defendant did not plead guilty. In imposing sentence, the trial court stated:
"I listened to your sad tale in ’76 and put you on probation. And now you have blown that by virtue of this incident. Judge Elliott has given you three years four months to five years in the Michigan Department of Corrections.
"Your life has been real sad to hear you tell it anyway; downtrodden youth; always somebody has ruined your life. It was your wife’s former husband that was ruining your life. Now her death, and you have got to be with your child.
"You have got more pitches than Carter has liver pills. If we still had the situation where we had these fellows that go around from town to town selling snake oil, you’d be selling snake oil, because that’s exactly the kind of pitch you have given all the way through this.
"There are men over there in the county jail who have erred, and they have tried to straighten themselves out, and they have tried to tell themselves I’m going to straighten myself out. They don’t spend their time looking for somebody to blame, like you have.
"It is apparent that every program you have been on; that you’ve found some excuse for not attending it, you have found some excuse for not going to any programs you have been referred to.
"There is no reason for me to consider probation whatsoever in this matter.
"I might indicate before I give sentence that I received from Mr. Swirtz a request to deter sentence further.
"And I’m not going to delay if further, because this is merely another one of your games to try to delay facing the realities of life that you haven’t been able to face.”
The remarks do not show that the trial court considered defendant’s failure to plead guilty in giving defendant a greater sentence than that offered during plea negotiations. The trial court obviously was considering all of the background information provided in the presentence investigation report. A resentencing is not justified.
The second allegation of error concerns the trial court’s failure to instruct the jury on the elements of larceny. The trial court instructed the jury that defendant was charged with breaking and entering with intent to commit larceny and that defendant must have intended to commit the crime of larceny at the time he broke into and entered the building. No instruction was given on the elements of larceny. Defense counsel did not object.
Defendant was arrested on the evening of August 20, 1980, inside a car wash. The windowpane of the door was broken, and defendant was crouching behind a drinking fountain, wearing gloves and with blood on his hands. A hammer was found nearby. The office area was ransacked, with drawers open and papers strewn about. Blood was found near the cash register. Defendant had $306 in his possession. The owners of the car wash did not know how much, if any, money was missing. Defendant presented an intoxication defense to the specific intent element of the charge.
After retiring for deliberations, the jury submitted a note to the court asking if it could consider the breaking and entering with intent to commit larceny charge even if it felt that defendant did not get any money but had the intent. The trial court then realized that it had not defined larceny and asked both counsel whether it should give the elements of larceny. The prosecution objected to the trial court’s defining larceny. Defense counsel indicated that he had no objection to the trial court’s intention merely to instruct that a completed larceny was not necessary for an act to constitute breaking and entering with the intent to commit larceny.
The trial court "should instruct the jury in criminal cases as to the general features of the case, define the offense and indicate that which is essential to prove to establish the offense, even in the absence of request”. People v Liggett, 378 Mich 706, 714; 148 NW2d 784 (1967). Therefore, while the absence of a request or an objection normally precludes appellate review, error which requires reversal may be found where any charge omits an essential or material element of an offense. People v Peoples, 75 Mich App 616, 620; 255 NW2d 707 (1977).
In People v Petrosky, 286 Mich 397, 401; 282 NW 191 (1938), the charge was breaking and entering with intent to commit larceny. The trial court did not define larceny beyond stating that it was a taking with intent to steal and appropriate money to one’s own use. The Supreme Court held that the instruction was not erroneous where the evidence at trial negatived any inference that the articles were taken with the owner’s consent. In Petrosky, the defense was one of alibi. See, also, People v MacPherson, 323 Mich 438; 35 NW2d 376 (1949), People v Kruper, 340 Mich 114; 64 NW2d 629 (1954), People v Rhinehart, 70 Mich App 390; 245 NW2d 763 (1976).
While the trial court here, unlike the trial court in Petrosky, did not in any way define larceny, we do not find that error requiring reversal occurred here. The communication of the jury indicated that it understood that defendant had to have intended to take the money.
Affirmed.
Beasley, P.J., concurred. | [
41,
-2,
-39,
26,
-68,
-39,
-2,
-16,
-65,
23,
33,
-42,
-13,
-67,
40,
10,
16,
-19,
-5,
-14,
-40,
-51,
65,
45,
-10,
4,
34,
45,
13,
39,
-13,
59,
-38,
12,
-38,
-48,
-25,
-11,
-15,
36,
12,
-57,
-16,
0,
-53,
-33,
4,
25,
46,
-30,
-2,
-20,
1,
24,
56,
65,
-8,
-12,
-5,
2,
3,
24,
-63,
-38,
20,
-42,
-11,
20,
-23,
-28,
23,
-47,
24,
22,
14,
15,
-11,
31,
10,
72,
39,
-17,
23,
-11,
22,
2,
20,
-44,
0,
-28,
-25,
37,
-23,
31,
26,
-39,
-29,
-46,
43,
-40,
-58,
12,
-4,
-33,
37,
-33,
34,
-27,
-59,
104,
-2,
12,
86,
-68,
-27,
-9,
-43,
-22,
2,
11,
-36,
-34,
14,
59,
28,
-16,
13,
-66,
46,
-50,
-18,
22,
5,
-4,
4,
7,
38,
74,
28,
10,
-23,
11,
47,
-5,
0,
-31,
-17,
-34,
-15,
26,
-25,
23,
21,
34,
1,
-22,
-44,
-44,
-22,
-21,
39,
8,
-40,
10,
-11,
-30,
3,
32,
24,
-25,
-12,
-27,
57,
20,
39,
-14,
-25,
12,
34,
7,
-11,
31,
-16,
-33,
-13,
14,
18,
21,
-59,
-1,
10,
14,
-27,
-25,
48,
27,
11,
40,
-10,
60,
-33,
-66,
25,
72,
17,
-65,
23,
-20,
33,
35,
-23,
-13,
5,
-23,
-6,
14,
23,
20,
9,
4,
-9,
-14,
54,
41,
-31,
-20,
-2,
27,
10,
-2,
49,
37,
45,
28,
11,
5,
19,
-9,
73,
22,
-35,
-25,
26,
15,
32,
1,
-66,
14,
-44,
4,
-24,
34,
-18,
12,
-19,
-39,
56,
-30,
-23,
-6,
-17,
0,
-24,
-15,
-30,
4,
-15,
9,
-43,
-26,
24,
-36,
-1,
-4,
33,
4,
-45,
-2,
10,
13,
5,
10,
3,
12,
-27,
10,
-68,
36,
15,
5,
25,
12,
-7,
-8,
56,
30,
-8,
3,
-42,
12,
-43,
-21,
-34,
-20,
9,
-38,
26,
17,
-51,
-35,
31,
-42,
17,
66,
11,
-52,
-41,
6,
65,
-4,
-16,
5,
-15,
14,
33,
19,
15,
3,
8,
4,
-42,
1,
-12,
4,
10,
19,
-10,
-7,
-20,
14,
5,
13,
28,
3,
2,
-2,
32,
15,
0,
1,
21,
-41,
23,
32,
2,
-32,
-12,
16,
-3,
-49,
74,
3,
-15,
-30,
21,
0,
15,
-14,
59,
69,
38,
-16,
-19,
-12,
-18,
2,
55,
-66,
22,
16,
-36,
-22,
-8,
-29,
16,
-39,
-44,
-8,
-27,
40,
-75,
47,
-29,
-69,
18,
29,
38,
7,
19,
-17,
28,
10,
20,
48,
-36,
-15,
-8,
-32,
-21,
-4,
1,
4,
-11,
68,
-15,
-75,
56,
-12,
12,
-19,
-34,
16,
5,
2,
-5,
30,
10,
-3,
7,
-41,
49,
28,
11,
-63,
84,
43,
-70,
-14,
-6,
19,
-15,
-25,
-5,
-4,
53,
8,
-47,
-6,
7,
10,
39,
-5,
-9,
-35,
-11,
52,
-27,
8,
-20,
-61,
-5,
-41,
-27,
1,
60,
-77,
-35,
-11,
26,
50,
29,
40,
7,
20,
-11,
-8,
14,
-22,
27,
41,
4,
0,
-53,
17,
18,
-29,
-21,
-57,
-7,
-24,
-20,
-9,
46,
-5,
-23,
47,
29,
20,
26,
32,
-38,
-6,
0,
-1,
13,
2,
9,
-31,
6,
14,
25,
41,
6,
-17,
26,
-51,
15,
-27,
-13,
42,
-37,
-6,
12,
-9,
-36,
-6,
-57,
12,
-83,
72,
20,
-8,
-3,
-41,
21,
13,
-19,
5,
20,
-13,
38,
31,
-22,
9,
22,
-6,
0,
0,
17,
8,
25,
-51,
15,
-26,
-38,
-17,
39,
0,
-7,
-48,
15,
-5,
51,
38,
-10,
23,
-8,
-9,
30,
15,
25,
42,
3,
15,
9,
35,
3,
-4,
-10,
6,
61,
90,
-13,
-34,
4,
-11,
-14,
-8,
11,
23,
-40,
7,
11,
-44,
-34,
-56,
-12,
-47,
2,
-17,
49,
13,
-18,
30,
28,
-24,
36,
-19,
-2,
3,
43,
-20,
-57,
7,
1,
27,
24,
-56,
-35,
38,
11,
-25,
7,
-76,
-52,
-40,
-24,
-51,
-38,
-8,
-32,
44,
29,
32,
0,
-4,
-52,
10,
-14,
30,
-6,
53,
-9,
-24,
61,
-16,
-37,
21,
-43,
-40,
11,
25,
23,
-45,
53,
-16,
1,
16,
5,
-4,
19,
79,
-49,
9,
-8,
54,
62,
-25,
60,
11,
33,
-16,
11,
6,
-4,
3,
-7,
10,
6,
14,
-16,
-1,
8,
-47,
-17,
-14,
6,
39,
27,
69,
-19,
34,
0,
47,
30,
-23,
75,
51,
-86,
0,
14,
8,
-10,
-58,
-5,
0,
0,
-39,
-47,
-33,
-98,
52,
-1,
22,
19,
12,
-77,
-2,
-20,
42,
-30,
-21,
23,
-1,
-10,
-8,
4,
-12,
-40,
-8,
16,
-35,
13,
-9,
36,
-8,
-56,
-10,
9,
4,
-21,
-15,
-81,
-28,
-44,
14,
16,
-31,
4,
0,
55,
33,
-12,
79,
-32,
50,
57,
-24,
-28,
-1,
-7,
15,
-3,
-18,
-30,
-7,
55,
-42,
50,
3,
-17,
3,
-16,
25,
10,
-23,
-40,
21,
-24,
-65,
27,
15,
-28,
-21,
-62,
-29,
-21,
-6,
20,
-17,
21,
13,
-37,
27,
47,
-13,
7,
-2,
44,
-17,
4,
20,
14,
5,
-3,
-8,
-3,
-10,
18,
47,
7,
18,
-14,
32,
26,
-32,
-7,
-5,
-13,
22,
28,
7,
-42,
-13,
-23,
-55,
5,
-3,
-29,
19,
9,
17,
74,
9,
-11,
27,
2,
25,
-35,
46,
61,
-52,
30,
32,
-5,
-22,
21,
-48,
8,
-29,
38,
-9,
-55,
-1,
-41,
22,
-5,
6,
-21,
-37,
-25,
35,
-30,
-41,
16,
26,
-18,
-46,
-3,
11,
-35,
-17,
14,
7,
36,
11,
-25,
8,
-28,
-68,
1,
7,
44,
3,
-17,
-1,
-18,
-67,
1,
32,
-41,
36,
-9,
1,
-28,
-45,
3,
-32,
-21,
-19,
61,
-20,
-12,
-31,
17,
-2,
-64,
-3,
-7,
36,
18,
-11,
12,
4,
-10,
-34,
-84,
-8,
-13,
-43,
-24,
33,
27,
12,
42,
-28,
32,
0,
-54,
31,
13,
-2,
-32,
-78,
0,
-4,
43,
-11,
4,
-35,
-15,
4,
-5,
-14,
-38,
9,
-6,
-16,
7,
13,
3,
-4,
-11,
25,
-39,
-34,
33,
12,
13,
4,
-18,
9,
16,
-19,
35,
25,
-16,
21,
-20,
5,
7,
-28,
-10,
3,
29,
-13,
34,
-4,
-7,
-41,
-21,
-73,
-44,
22,
-2,
-1,
33,
4,
-20,
-5,
0,
-52,
42,
36,
-3,
29,
28,
-72,
-8,
7,
-18,
22,
2,
-2,
6,
-27,
-4,
11,
-3,
23,
22,
9,
59,
-47,
-11,
-8,
2,
-8,
-27,
17,
-27,
-1,
9,
19
] |
Per Curiam.
This is a medical malpractice action. Plaintiff Jacqueline Tonegatto appeals as of right from two Oakland County Circuit Court orders granting accelerated judgment, GCR 1963, 116.1(5), to all of the defendants based on the running of the statute of limitations, MCL 600.5805(4), 600.5838; MSA 27A.5805(4), 27A.5838.
In July, 1975, plaintiff went to defendant Dr. Budak, a podiatrist, for treatment of calluses on her feet. Plaintiff related her medical history to Dr. Budak and told him she was a diabetic. Dr. Budak X-rayed plaintiff’s feet and trimmed the calluses. Between July, 1975, and February, 1976, plaintiff visited Dr. Budak’s office about every two weeks to have the calluses trimmed.
In about January, 1976, Dr. Budak advised plaintiff that surgery might help her feet. He referred her to defendant Dr. Schubert, another podiatrist, because he did not want to perform the surgery.
Plaintiff went to Dr. Schubert’s office in Febru ary, 1976. Dr. Schubert trimmed the calluses, Xrayed plaintiffs feet, and recommended surgery.
In March, 1976, plaintiff was admitted to defendant McNamara Community Hospital for foot surgery. Dr. Schubert performed an operation on plaintiff’s feet on March 12, 1976. Plaintiff was discharged from the hospital on April 21, 1976.
After her discharge from the hospital, plaintiff returned to Dr. Schubert’s office for post-operative care. In June, 1976, plaintiff discontinued her treatment with Dr. Schubert, telling him that she would resume treatment with Dr. Budak since his office was closer to her home. By that time, the surgical incisions on plaintiff’s feet had healed.
Plaintiff returned to Dr. Budak’s office and continued seeing him until March or May of 1977. Dr. Budak observed that one of the toes on each of plaintiff’s feet was "hooking” or curling. Plaintiff still had calluses on her feet, and there was bloody flesh underneath the calluses. The calluses ulcerated into open wounds and became infected. This condition was quite painful.
In January, 1979, plaintiff returned to Dr. Schubert’s office to show him "what he had done” and to "see if he could do something about it”. Plaintiff still had calluses on her feet, and Dr. Schubert trimmed the calluses. Plaintiff never returned to Dr. Schubert’s office.
Plaintiff went to an attorney in February, 1979, because she felt that she had been duped and that the surgery had been detrimental. Her attorney referred her to Dr. David Touchton in February or March of 1979.
This medical malpractice action was commenced in Oakland County Circuit Court on December 4, 1979. On January 16, 1980, the defendant hospital moved for accelerated judgment, OCR 1963, 116.1(5), citing the statute of limitations. This motion was denied on April 16, 1980, because of a factual dispute as to when plaintiff discovered or should have discovered her claim.
Plaintiff’s deposition was taken on April 24, 1980. On May 27, 1980, defendants Budak and Schubert moved for accelerated judgment, also citing, the statute of limitations. On June 27, 1980, the defendant hospital renewed its motion for accelerated judgment on the same ground. The trial judge granted these motions as to all of the defendants.
On appeal, plaintiff challenges only the accelerated judgments entered in favor of defendant Schubert and the defendant hospital.
In reviewing motions for accelerated judgment, courts must accept all well-pled allegations as true. Kircos v Goodyear Tire & Rubber Co, 108 Mich App 781; 311 NW2d 139 (1981). It is improper to grant a motion for accelerated judgment where factual issues exist. Id.
MCL 600.5805(4); MSA 27A.5805(4) provides that "[t]he period of limitations is 2 years for an action charging malpractice”.
MCL 600.5838; MSA 27A.5838 specifies when a claim for malpractice accrues:
"(1) A claim based on the malpractice of a person who is, or holds himself out to be, a member of a state licensed profession, intern, resident, registered nurse, licensed practical nurse, registered physical therapist, clinical laboratory technologist, inhalation therapist, certified registered nurse anesthetist, X-ray technician, hospital, licensed health care facility, employee or agent of a hospital or licensed health care facility who is engaging in or otherwise assisting in medical care and treatment, or any other state licensed health professional, accrues at the time that person discontinues treating or otherwise serving the plaintiff in a profes sional or pseudoprofessional capacity as to the matters out of which the claim for malpractice arose, regardless of the time the plaintiff discovers or otherwise has knowledge of the claim.
"(2) An action involving a claim based on malpractice may be commenced at any time within the applicable period prescribed in sections 5805 or 5851 to 5856, or within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later. The burden of proving that the plaintiff, as a result of physical discomfort, appearance, condition or otherwise, neither discovered nor should have discovered the existence of the claim at least 6 months before the expiration of the period otherwise applicable to the claim shall be on the plaintiff. A malpractice action which is not commenced within the time prescribed by this subsection is barred.”
As this Court observed in DeGrazia v Johnson, 105 Mich App 356, 360; 306 NW2d 512 (1981), MCL 600.5838; MSA 27A.5838 is based upon the "last treatment” rule enunciated in DeHaan v Winter, 258 Mich 293; 241 NW 923 (1932). According to DeHaan, a claim for medical malpractice does not accrue while treatment continues.
In granting defendant Schubert’s motion for accelerated judgment, the trial judge stated:
"Dr. Schubert was the plaintiff’s surgeon. Dr. Schubert last saw the plaintiff for her post-operative treatment in May of 1976. The plaintiff saw Dr. Schubert in an isolated visit in February of 1979, nearly three years after surgery. The 1979 visit was not a continuation of post-operative treatment but rather was a new visit for new treatment.
"As noted earlier, the plaintiff saw an attorney in the earlier part of 1979 for the purpose of bringing a lawsuit. Yet after seeing the attorney and after changing doctors and treatment several times, the plaintiff failed to file a complaint until December 4, 1979, some ten months after her isolated visit with Dr. Schubert.
"In Michigan the law is clear. Under MCL 600.5838 the plaintiff has the burden of proving that she neither discovered nor should have discovered the medical malpractice until just within six months prior to the filing of the cause of action.
"The plaintiff has failed to meet this burden for the purposes of this motion. It is the finding of this Court that the plaintiff discovered or with due diligence should have discovered the alleged malpractice of Dr. Schubert well before six months prior to the filing of her complaint. Clearly, the plaintiff did not discover the alleged malpractice within two years after the surgery.
"Wherefore, defendant Schubert’s motion for accelerated judgment is hereby granted. * * *” (Emphasis added.)
Under the undisputed facts of this case, the issue of whether plaintiff’s January 11, 1979, visit to defendant Schubert was a "continuation” of her prior treatment was a question of law, within the exclusive province of the trial court. See Leyson v Krause, 92 Mich App 759, 765, fn 2; 285 NW2d 451 (1979) (where the undisputed facts reveal that the malpractice claim is barred by the statute of limitations, the question of when plaintiff discovered or should have discovered the claim is a question of law within the exclusive province of the court, even where a jury trial has been requested).
Under New York case law, where a period of time exceeding the statute of limitations elapses between visits to a doctor, the statute of limitations will be deemed to have run with regard to claims arising from the earlier visit(s), even though the later visit is related to the original condition or initial acts supporting the malpractice claim. Hence, a malpractice claim cannot be revived by an isolated visit after the limitations period has run. Tool v Boutelle, 91 Misc 2d 464; 398 NYS2d 128 (1977), Bennin v Ramapo General Hospital 72 App Div 2d 736; 421 NYS2d 243 (1979).
We agree with the trial judge’s legal determination that plaintiff’s 1979 visit to defendant Schubert was not a "continuation” of her prior treatment. Since plaintiff’s last treatment with defendant Schubert occurred in June, 1976, her malpractice claim against defendant Schubert was barred by the two-year statute of limitations. MCL 600.5805(4), 600.5838(1); MSA 27A.5805(4), 27A.5838(1). Moreover, since plaintiff either discovered or should have discovered her claim in February or March of 1979 — when she consulted an attorney and was referred by the attorney to a doctor — this lawsuit was not commenced within six months after discovering the claim. MCL 600.5838(2); MSA 27A.5838(2).
Plaintiff, claiming that the defendant hospital fraudulently concealed the nature and risks of her operation, argues that under the fraudulent concealment statute, MCL 600.5855; MSA 27A.5855, she had two years to bring suit from the date she discovered or should have discovered her claim. The statute provides:
"If a person who is or may be liable for any claim fraudulently conceals the existence of the claim or the identity of any person who is liable for the claim from the knowledge of the person entitled to sue on the claim, the action may be commenced at any time within 2 years after the person who is entitled to bring the action discovers, or should have discovered, the existence of the claim Or the identity of the person who is liable for the claim, although the action would otherwise be barred by the period of limitations.”
Thus, plaintiff contends, even assuming she discovered her claim in February, 1979, this action was filed well within the two-year time limit of the fraudulent concealment statute.
"Fraudulent concealment means employment of artifice, planned to prevent inquiry or escape investigation, and mislead or hinder acquirement of information disclosing a right of action. The acts relied on must be of an affirmative character and fraudulent.” DeHaan v Winter, 258 Mich 293, 296; 241 NW 923 (1932), Sheldon v Sisters of Mercy Health Corp, 102 Mich App 91, 94-95; 300 NW2d 746 (1980).
In Weast v Duffie, 272 Mich 534, 539; 262 NW 401 (1935), the Supreme Court stated:
"The fraudulent concealment which will postpone the operation of the statute must be the concealment of the fact that plaintiff has a cause of action. If there is a known cause of action there can be no fraudulent concealment which will interfere with the operation of the statute, and in this behalf a party will be held to know what he ought to know, pursuant to the rule hereinbefore stated (.i.e., by the exercise of ordinary diligence).
"It is not necessary that a party should know the details of the evidence by which to establish his cause of action. It is enough that he knows that a cause of action exists in his favor, and when he has this knowledge, it is his own fault if he does not avail himself of those means which the law provides for prosecuting or preserving his claim.”
The acts or misrepresentations constituting fraudulent concealment of a claim must be pled in the complaint. Bufalino v Michigan Bell Telephone Co, 404 F2d 1023, 1028 (CA 6, 1968) (decided under Michigan law), cert den 394 US 987 (1969), see Lemson v General Motors Corp, 66 Mich App 94, 98; 238 NW2d 414 (1975), Janiszewski v Behrmann, 345 Mich 8; 75 NW2d 77 (1956), 20 Michigan Law & Practice, Statute of Limitations, § 15, p 568.
Assuming arguendo that the defendant hospital was under a duty to inform plaintiff of the nature and risks of her operation, its failure to do so would not constitute fraudulent concealment of her malpractice claim. Fraudulent concealment under the statute means concealment of the fact that the plaintiff has a cause of action. Weast v Duffie, supra.
Plaintiff also failed to plead a claim of fraudulent concealment against the defendant hospital in either her original or amended complaint.
For these reasons, we hold that the trial court properly granted accelerated judgment to the defendant hospital.
Affirmed.
In the instant case, unlike Leyson, plaintiff visited an attorney ten months before the suit was filed, thus indicating knowledge of a possible malpractice claim. In all such cases, this is the dispositive question: do the undisputed facts reveal that the plaintiff was aware of a possible cause of action more than six months prior to filing suit? If so, the question of when a plaintiff discovered or should have discovered a claim is a question of law.
However, in our opinion, if a particular medical condition normally requires treatment at intervals exceeding the limitations period, such a subsequent visit may still be considered a "continuation” of prior treatment. | [
16,
52,
-46,
29,
2,
-37,
0,
-7,
8,
17,
30,
-38,
56,
-48,
33,
-17,
6,
-43,
13,
-4,
-23,
-14,
38,
43,
-5,
12,
44,
9,
-6,
-10,
-11,
21,
34,
0,
-34,
2,
65,
56,
-9,
11,
-11,
-14,
13,
-9,
-16,
-3,
12,
6,
5,
-12,
19,
31,
-43,
36,
-5,
31,
32,
-21,
-39,
-31,
-38,
5,
56,
-29,
63,
-1,
14,
38,
13,
6,
22,
-5,
12,
-21,
-7,
-17,
-25,
-9,
-16,
31,
30,
9,
28,
67,
-14,
19,
11,
17,
-22,
-52,
-7,
-6,
-5,
3,
-11,
46,
-52,
-1,
53,
10,
-27,
49,
-2,
10,
-17,
-13,
40,
-90,
-13,
12,
-34,
22,
-24,
2,
20,
-15,
59,
14,
19,
5,
-44,
-5,
40,
-52,
19,
35,
-21,
-13,
19,
0,
-28,
-3,
-4,
9,
-43,
18,
-4,
-65,
30,
-13,
-13,
48,
-16,
44,
18,
-17,
-56,
-32,
-28,
-35,
10,
2,
-2,
18,
5,
57,
-66,
40,
16,
-10,
67,
-31,
0,
17,
-1,
1,
-5,
79,
55,
58,
56,
-1,
11,
-69,
-37,
-24,
48,
13,
-41,
0,
-22,
-29,
-8,
-10,
-8,
-5,
19,
-84,
7,
-31,
-33,
12,
-5,
-32,
42,
-45,
25,
7,
-8,
-40,
-3,
-22,
8,
28,
68,
-8,
-25,
-4,
22,
9,
-12,
4,
44,
-41,
-23,
-28,
56,
17,
-53,
-7,
9,
0,
69,
7,
-40,
0,
31,
-46,
29,
-61,
-27,
57,
3,
24,
18,
49,
-16,
-11,
2,
-1,
-25,
33,
-19,
-21,
-75,
24,
-43,
8,
10,
-31,
2,
23,
-38,
5,
-61,
14,
-3,
18,
-27,
18,
-41,
-13,
-30,
36,
40,
50,
31,
40,
8,
-15,
-58,
-28,
0,
-60,
-31,
-37,
-48,
-43,
20,
40,
-7,
-7,
18,
-17,
-36,
51,
15,
-2,
-7,
14,
39,
-33,
-58,
-2,
69,
1,
40,
-23,
-22,
10,
2,
-28,
26,
25,
45,
12,
15,
-19,
52,
1,
20,
-20,
39,
13,
16,
0,
-4,
-30,
10,
-37,
-8,
34,
-26,
-15,
-29,
-41,
19,
-73,
-25,
10,
-6,
-16,
9,
36,
19,
-13,
-21,
41,
-38,
-19,
0,
32,
10,
21,
10,
40,
-23,
-50,
10,
-27,
-26,
-26,
60,
-16,
-45,
4,
2,
-36,
-15,
27,
10,
-56,
1,
-45,
-22,
47,
34,
-9,
26,
86,
-61,
-13,
-31,
6,
-41,
-23,
17,
1,
11,
45,
33,
-23,
32,
26,
0,
9,
-58,
-9,
28,
-43,
-32,
9,
77,
20,
-32,
-12,
-84,
36,
-14,
-8,
-24,
-10,
-10,
71,
-20,
7,
12,
-29,
28,
1,
39,
-16,
-24,
-10,
-12,
1,
33,
-32,
8,
-45,
73,
27,
-80,
-36,
-8,
-4,
-3,
-22,
-3,
3,
0,
21,
-2,
-25,
60,
-18,
-76,
3,
-4,
-21,
-32,
18,
-43,
9,
-20,
45,
30,
48,
20,
24,
44,
-18,
25,
-24,
-41,
-1,
-35,
-42,
9,
55,
-8,
-96,
-25,
-20,
13,
8,
2,
20,
-4,
-51,
39,
-12,
10,
0,
30,
16,
-25,
17,
10,
-4,
-4,
-58,
-22,
-16,
-2,
-17,
-23,
2,
-34,
-11,
29,
-48,
3,
-6,
47,
11,
-70,
-6,
5,
-25,
-47,
-54,
-18,
20,
-30,
-47,
24,
-2,
13,
-13,
-68,
-27,
1,
12,
4,
11,
74,
8,
-81,
31,
-58,
-3,
-24,
7,
4,
-3,
2,
-2,
-20,
-4,
49,
-24,
1,
-4,
33,
-9,
0,
-15,
12,
-49,
10,
34,
-18,
35,
17,
-48,
-5,
4,
50,
25,
18,
-18,
-32,
-24,
-7,
44,
6,
9,
17,
6,
-28,
79,
26,
-2,
84,
48,
25,
-54,
7,
-24,
-5,
3,
11,
-1,
-9,
-35,
-48,
0,
-69,
11,
-57,
-19,
-9,
-9,
-34,
-16,
37,
-20,
-4,
-21,
-2,
-47,
11,
-16,
29,
-23,
15,
-26,
35,
-55,
34,
-9,
-46,
6,
-11,
0,
65,
-31,
33,
-32,
-37,
-4,
-35,
-40,
14,
-12,
-25,
42,
28,
42,
-76,
22,
-22,
-8,
43,
52,
-23,
-68,
-25,
-34,
34,
-3,
58,
-6,
-15,
15,
-7,
40,
-52,
-2,
-4,
19,
-11,
-46,
0,
17,
55,
-15,
-31,
-8,
48,
9,
-37,
23,
-5,
13,
20,
-8,
-40,
6,
-47,
29,
-9,
-16,
11,
-1,
-6,
-10,
-26,
0,
-48,
67,
35,
-21,
25,
-32,
-11,
23,
20,
-10,
-5,
-30,
92,
-23,
-61,
16,
16,
35,
36,
9,
-7,
-18,
15,
-6,
31,
20,
39,
41,
33,
25,
-23,
28,
-52,
59,
50,
25,
-29,
29,
-13,
-30,
9,
12,
-31,
13,
72,
19,
-31,
-11,
50,
-24,
0,
12,
-2,
-41,
53,
-17,
9,
71,
21,
3,
-20,
33,
47,
20,
-30,
28,
-10,
18,
-14,
-39,
23,
32,
-14,
38,
-14,
-3,
0,
-31,
-23,
11,
-1,
10,
-32,
2,
-19,
-21,
-2,
-47,
-21,
32,
-16,
-16,
32,
-40,
-9,
-17,
21,
-10,
2,
40,
-18,
19,
-32,
17,
-50,
5,
-11,
-72,
-2,
10,
27,
-1,
27,
3,
-16,
13,
26,
15,
3,
19,
-17,
-37,
-15,
-19,
6,
26,
-33,
34,
21,
-59,
32,
32,
43,
-14,
-19,
45,
-16,
-21,
5,
0,
-20,
-33,
55,
-8,
11,
1,
-44,
-22,
-34,
0,
12,
-2,
-4,
5,
-19,
6,
-11,
-25,
15,
-8,
-2,
-51,
24,
17,
-38,
49,
15,
5,
-21,
8,
-10,
53,
22,
4,
38,
-27,
-5,
7,
-22,
-25,
-4,
-71,
-26,
1,
29,
-23,
-9,
-59,
-45,
-6,
0,
-15,
-33,
-19,
-26,
18,
13,
-3,
58,
34,
-28,
-18,
-28,
-60,
-19,
43,
24,
-42,
6,
-59,
-18,
8,
-43,
-24,
-9,
15,
-13,
19,
-36,
-47,
22,
42,
2,
36,
7,
27,
-17,
2,
3,
37,
-5,
32,
67,
-22,
-8,
10,
-23,
-3,
-52,
3,
-7,
15,
43,
7,
-21,
30,
-5,
43,
-33,
-39,
37,
13,
-17,
5,
-4,
-25,
38,
-7,
-20,
43,
30,
2,
0,
19,
4,
2,
27,
-50,
-5,
15,
-7,
58,
53,
56,
-59,
-44,
-15,
35,
21,
55,
19,
23,
1,
14,
-55,
30,
18,
-24,
-10,
57,
-12,
-17,
-15,
48,
11,
13,
27,
22,
5,
0,
23,
-32,
17,
0,
-10,
-2,
-49,
5,
8,
33,
-36,
-31,
-67,
30,
-58,
-5,
-76,
34,
-44,
-30,
1,
-29,
-15,
-30,
16,
5,
-41,
-4,
-11,
-11,
14,
25,
21,
50,
-15,
-27,
74,
-81,
52,
33,
16,
47,
57,
-38,
-9,
-31,
1,
-14,
-8,
17,
-25,
34,
29,
3
] |
Per Curiam.
The defendant was charged with criminal sexual conduct in the second degree, MCL 750.520c; MSA 28.788(3), and unarmed robbery, MCL 750.530; MSA 28.798, arising out of an incident that took place on July 26, 1979. In addition, he was charged with criminal sexual conduct in the first degree, MCL 750.520b; MSA 28.788(2), arising out of a separate incident which took place on July 30, 1979,
The defendant entered pleas of guilty in both cases and subsequently was sentenced to from 7 to 15 years on the first-degree criminal sexual conduct conviction, and concurrent terms of from 7 to 15 years for the second-degree criminal sexual conduct and the unarmed robbery convictions.
The record indicates that defendant had three court-appointed attorneys. After expressing dissatisfaction with his first two attorneys, the court obliged him by appointing a third attorney. The defendant’s plea testimony expressed satisfaction with this third attorney. Now, however, appellate counsel alleges that the defendant’s pleas were involuntary because he was denied effective assistance of counsel.
The defendant did not file a motion to withdraw the pleas based on this issue. Instead, this appeal and a motion to remand on the issue of the defendant’s involuntary pleas as the result of ineffective assistance of counsel were filed. On March 23, 1981, an order denying the motion to remand was issued by the Court of Appeals for lack of merit on the grounds presented. Inasmuch as the same issue is now being raised, the motion on the merits is "the law of the case”, barring further review in this Court. People v Hines, 88 Mich App 148, 155-156; 276 NW2d 550 (1979), Allen v Michigan Bell Telephone Co, 61 Mich App 62, 65; 232 NW2d 302 (1975).
Our independent examination of this record reveals nothing which indicates that the defendant was denied effective assistance of counsel. The record indicates that when the defendant was asked whether he was satisfied with his attorney, he replied in the affirmative. Further, the defendant denied that he was forced to plead guilty or that he was promised any leniency. The defendant directs the Court’s attention to ex parte affidavits, introduced for the first time on appeal, rather than the record to support his claim. "Ex parte affidavits, filed for the first time in the appellate brief, may not serve to enlarge the record on appeal.” People v Nelson Johnson, 58 Mich App 473, 478; 228 NW2d 429 (1975).
Further, the defendant argues that it was not established at the preliminary examination or the plea hearing that the money taken was in the complainant’s presence or that the taking was by force, violence, assault, or by putting the victim in fear. There is no requirement that the money taken be within a victim’s presence if it is within his control and he lost control because of the violence of, of his fear of, the defendant. People v Gary Spry, 74 Mich App 584, 595; 254 NW2d 782 (1977).
In this case, the defendant entered a bedroom where the complainant was sleeping. He took hold of her by the arm, climbed on top of her, and demanded sex. After a struggle, the encounter ended and the defendant fled from the bedroom and, while passing through the kitchen, took the complainant’s money. We conclude that the trial court did not err in finding a sufficient factual basis to support the unarmed robbery conviction. Furthermore, "[a] guilty plea waives all defects that go to whether the government can actually prove its case * * People v Riley, 88 Mich App 727, 730; 279 NW2d 303 (1979). The defendant’s challenge to the factual basis for the charge at the preliminary examination is, therefore, procedurally prohibited.
Affirmed. | [
18,
5,
8,
22,
-17,
-7,
-31,
-58,
-24,
37,
18,
-20,
2,
-67,
22,
-9,
18,
28,
-7,
-72,
50,
-22,
-10,
-6,
-27,
12,
34,
41,
-11,
8,
12,
17,
-6,
-35,
-6,
-15,
26,
-23,
15,
15,
-10,
-6,
17,
22,
-40,
-43,
43,
9,
26,
-47,
12,
42,
0,
29,
-31,
-36,
51,
-7,
48,
1,
25,
61,
-37,
12,
-2,
-49,
11,
56,
-2,
-50,
-37,
16,
0,
3,
28,
-13,
-41,
-30,
26,
6,
22,
8,
46,
37,
29,
14,
4,
-14,
24,
-5,
-36,
6,
-49,
-23,
18,
16,
0,
-21,
44,
-47,
-11,
12,
4,
-25,
34,
14,
-6,
0,
18,
37,
29,
-19,
12,
-5,
-14,
-7,
-3,
-23,
-2,
3,
10,
36,
53,
63,
45,
-20,
30,
13,
-7,
19,
-27,
66,
0,
-35,
17,
12,
38,
19,
45,
15,
-6,
26,
4,
35,
58,
-11,
-33,
-17,
80,
12,
-28,
21,
-21,
21,
-16,
3,
-21,
-59,
-21,
0,
1,
-8,
-1,
9,
26,
8,
4,
15,
12,
-4,
5,
-12,
46,
26,
-6,
4,
-9,
43,
0,
31,
-15,
-1,
8,
-46,
7,
45,
6,
-54,
-30,
-62,
-30,
5,
26,
-14,
70,
-10,
37,
15,
0,
-20,
-4,
-44,
32,
49,
10,
-44,
-1,
0,
-3,
19,
36,
-13,
5,
-40,
-7,
-45,
-22,
-18,
13,
-5,
-56,
-41,
-16,
-37,
-15,
-18,
-1,
17,
-43,
3,
49,
14,
-15,
4,
-45,
12,
35,
45,
78,
-3,
-12,
-33,
26,
-22,
18,
13,
33,
12,
15,
-54,
39,
-8,
-23,
9,
-48,
-49,
40,
34,
-45,
-19,
-23,
10,
6,
19,
-29,
19,
-35,
11,
-82,
-13,
11,
12,
23,
4,
3,
18,
-39,
30,
20,
2,
-9,
0,
-39,
14,
-23,
2,
-11,
7,
24,
3,
25,
-23,
-30,
6,
26,
-2,
0,
-14,
-81,
13,
19,
-27,
-19,
-60,
-12,
-15,
-6,
-55,
-29,
13,
19,
25,
-2,
-19,
1,
-24,
-4,
1,
34,
-43,
-1,
-19,
3,
-21,
-14,
-21,
57,
23,
22,
-38,
-22,
-9,
-20,
4,
-33,
38,
-16,
-28,
16,
6,
11,
-24,
23,
8,
-11,
27,
0,
7,
12,
27,
12,
-31,
-13,
-12,
6,
-8,
-24,
-40,
-3,
-5,
17,
-46,
-15,
-24,
13,
57,
-15,
26,
48,
76,
5,
-45,
-48,
40,
-35,
-3,
35,
-10,
-6,
-4,
-7,
5,
25,
1,
-20,
-1,
-32,
-44,
-28,
23,
-24,
-4,
18,
-51,
56,
-5,
19,
14,
52,
37,
20,
-3,
25,
63,
-2,
-12,
-25,
14,
16,
-1,
-48,
50,
31,
60,
-8,
-14,
38,
-30,
15,
14,
-17,
-25,
-18,
-1,
12,
-2,
10,
-18,
15,
-3,
-8,
21,
44,
-37,
37,
18,
-57,
9,
-24,
30,
-23,
-10,
-21,
-9,
5,
-26,
-39,
-10,
-9,
-15,
22,
34,
29,
-56,
5,
29,
27,
27,
-6,
-46,
29,
-22,
-23,
-32,
19,
-31,
-39,
18,
0,
-13,
-13,
-4,
3,
37,
-10,
2,
0,
24,
-17,
12,
19,
23,
-20,
-23,
6,
6,
1,
-54,
0,
-21,
-7,
-1,
-10,
33,
2,
26,
-41,
-10,
-29,
11,
10,
-35,
-1,
11,
32,
0,
24,
11,
-2,
39,
-30,
16,
-12,
17,
-7,
0,
36,
-3,
-31,
1,
15,
3,
34,
7,
30,
9,
-44,
-57,
-6,
42,
41,
-3,
-20,
-75,
36,
36,
-20,
-38,
0,
-17,
8,
2,
2,
-12,
27,
9,
-16,
14,
44,
9,
22,
-25,
8,
-11,
-62,
-6,
-6,
-11,
-24,
-33,
-9,
3,
47,
28,
-10,
34,
-50,
-36,
42,
3,
27,
20,
30,
4,
25,
8,
26,
10,
20,
17,
71,
44,
-28,
-19,
-40,
-14,
16,
-6,
-25,
-26,
-26,
50,
1,
-36,
-13,
-31,
-76,
-40,
6,
-19,
96,
-26,
-12,
-1,
9,
-6,
-15,
34,
26,
-92,
46,
4,
-8,
-22,
-60,
7,
-14,
-5,
-22,
18,
7,
-17,
28,
-40,
32,
-48,
-28,
-22,
-19,
29,
2,
-10,
-11,
-8,
0,
36,
3,
-5,
13,
6,
-6,
35,
-14,
2,
50,
34,
10,
-11,
4,
-25,
7,
11,
12,
-20,
11,
-49,
14,
-14,
16,
-1,
-2,
6,
-48,
38,
8,
10,
25,
14,
60,
33,
-26,
6,
3,
27,
-5,
-16,
-45,
6,
28,
-14,
-39,
-15,
4,
-25,
-3,
5,
24,
-9,
-14,
8,
-18,
19,
-10,
-23,
19,
17,
9,
38,
-30,
12,
12,
5,
-16,
-14,
-13,
-5,
-10,
-66,
-15,
7,
-47,
11,
4,
36,
1,
-7,
-47,
-37,
-30,
1,
-18,
-19,
5,
11,
-13,
10,
-2,
15,
45,
-46,
11,
15,
25,
-6,
30,
-17,
-57,
-31,
-53,
78,
17,
2,
-21,
-38,
-14,
-2,
25,
-24,
-3,
-20,
47,
-10,
-13,
60,
9,
42,
39,
-10,
-25,
3,
-33,
-4,
25,
-47,
-32,
-6,
-38,
-9,
9,
-6,
-50,
10,
54,
-9,
-33,
-35,
-8,
21,
43,
-5,
-18,
16,
-41,
23,
17,
-35,
-15,
-21,
-51,
-16,
39,
-53,
8,
23,
-1,
4,
21,
-13,
15,
1,
7,
39,
11,
-22,
-1,
1,
-17,
41,
45,
-5,
41,
19,
-20,
34,
0,
27,
-15,
-63,
32,
-47,
6,
-25,
-18,
2,
-9,
17,
38,
22,
21,
-21,
-15,
18,
0,
34,
-23,
6,
14,
-61,
-21,
9,
26,
-1,
-10,
28,
38,
0,
29,
-9,
77,
-32,
21,
-13,
-21,
-16,
-24,
15,
-5,
50,
-13,
-48,
20,
53,
-27,
-25,
-4,
4,
2,
-36,
37,
0,
-1,
-15,
46,
9,
8,
-3,
31,
-29,
-7,
18,
-13,
-28,
14,
-39,
34,
22,
-7,
-29,
-33,
3,
-1,
17,
-67,
-15,
-42,
-15,
26,
11,
-19,
-49,
33,
-10,
-32,
10,
34,
9,
22,
12,
-15,
44,
15,
8,
1,
19,
-35,
-32,
6,
14,
25,
23,
14,
15,
0,
28,
22,
-44,
21,
13,
-37,
-2,
34,
-9,
-32,
-53,
35,
-33,
48,
-19,
0,
23,
-3,
-20,
-51,
5,
-4,
3,
-89,
-9,
-18,
25,
-22,
-61,
10,
24,
-13,
54,
-3,
14,
-54,
14,
-31,
9,
-27,
25,
26,
-10,
-11,
6,
-2,
26,
1,
-52,
-72,
-31,
-9,
18,
-17,
-20,
-5,
-51,
-14,
-45,
13,
-32,
35,
71,
-21,
78,
-19,
-24,
19,
31,
-10,
7,
12,
2,
9,
-34,
10,
-8,
-21,
21,
20,
46,
-39,
29,
-11,
4,
-44,
-22,
-8,
11,
35,
9,
41,
20,
-10,
-2,
-18,
6,
-74,
4,
-32,
3
] |
Per Curiam.
This is an appeal from the trial court’s July 18, 1980, order denying plaintiffs motion for injunctive relief against defendant. The case requires us to interpret the Michigan Construction Code, promulgated under the State Construction Code Act of 1972, MCL 125.1501 et seq.; MSA 5.2949(1) et seq., which was adopted in its entirety as the local construction code by plaintiff Ypsilanti Township.
In April of 1979, defendant Edward Rose Building Company applied to the township for building permits to construct three model homes. Defendant’s applications were denied because defendant proposed using 3/8-inch plywood for roof sheathing and a ceiling height of 7 feet for the basement areas. The township required 1/2-inch plywood for roof sheathing and a basement height of 7-1/2 feet. On June 12, 1979, defendant resubmitted applications for building permits, and on June 26, 1979, permits were issued on the condition that the buildings conform to the township specifications. After the permits were issued, defendant began constructing the model houses.
On July 19, 1979, the township building official inspected the building site and determined that defendant was constructing the homes with 3/8-inch plywood for the roofs and with basement ceiling heights of only 7 feet in violation of the specifications set forth in the building permits. Accordingly, the inspector issued a stop work order. When defendant failed to comply with this order, plaintiff filed a petition in the Washtenaw County Circuit Court for an order to show cause. The matter was adjourned to allow defendant to seek relief from the Ypsilanti Township Construction Board of Appeals. On August 9, 1979, the board of appeals upheld the action of the township’s building official, and proceedings were then continued in circuit court on August 17, 1979.
In an order dated September 19, 1979, the trial court granted permanent injunctive relief to Ypsilanti Township. The court concluded that the township building official had discretionary power to interpret the State Construction Code and should not be overruled absent an abuse of discretion. Defendant therefore was enjoined permanently from building single family residences with roof sheathing of less than 1/2-inch and basement ceilings of less than 7-1/2 feet in Ypsilanti Township. Defendant’s "counter-complaint” for injunctive relief against Ypsilanti Township was denied.
On September 28, 1979, defendant filed an application for leave to appeal and a motion for immediate consideration, which was granted by this Court. In an order dated October 23, 1979, this Court vacated the permanent injunction granted by the trial court and entered a temporary injunc tion prohibiting defendant from constructing houses without a permit. The Court specifically stated that the injunction would be without prejudice to defendant’s right to appeal the Ypsilanti Township Construction Board of Appeals decision to the State Construction Code Commission. The Court further directed that the temporary injunction would be subject to review in circuit court if the defendant secured a reversal of the denial of his building permit either from the State Construction Code Commission or thereafter on judicial review.
Pursuant to the order of this Court, defendant appealed the decision of the Ypsilanti Township Construction Board of Appeals to the State Construction Code Commission, as provided under MCL 125.1516; MSA 5.2949(16). Thereafter, on May 15, 1980, the commission issued an opinion in which it found that defendant’s building plans complied fully with the State Construction Code and therefore reversed the decision of the Ypsilanti Township Construction Board of Appeals. Defendant then moved in circuit court for an order dissolving the temporary injunction entered by the Court of Appeals.
Following a hearing held June 6, 1980, the trial judge dissolved the temporary injunction and ordered a hearing on defendant’s petition for a permanent injunction and on defendant’s claim for damages. In addition, the trial court ordered a hearing on Ypsilanti Township’s claim for a permanent injunction. Following a hearing held June 20, 1980, the trial court denied plaintiffs request for a permanent injunction. An order to that effect was entered on July 18, 1980. Plaintiff appeals the final order of the trial court.
We first note that plaintiff has failed to follow the proper procedures for review of the State Construction Code Commission’s decision. The statute provides that where building officials refuse to issue a building permit, a builder may apply to the local construction board of appeals for relief. MCL 125.1514; MSA 5.2949(14). A person aggrieved by the local board of appeals’s decision may then appeal to the State Construction Code Commission pursuant to MCL 125.1516; MSA 5.2949(16). An appeal from the commission’s decision must be made directly to the Court of Appeals. MCL 125.1518; MSA 5.2949(18). In the instant case, plaintiff did not appeal the commission’s decision but, rather, renewed its petition for injunctive relief in the circuit court. Nonetheless, we choose to treat the present appeal as a delayed application for appeal from the commission’s order of May 15, 1980, thereby reaching the merits of plaintiff’s claim.
The commission found that defendant’s proposed specifications were in conformance with the Michigan Construction Code. On appeal, plaintiff concedes that the provisions of the State Construction Code authorized defendant’s building plans but contends that the township building official had discretion to designate building specifications in excess of the minimum requirements set forth in the State Construction Code.
The State Construction Code Act of 1972, MCL 125.1501 et seq.; MSA 5.2949(1) et seq., established the State Construction Code Commission, MCL 125.1503; MSA 5.2949(3), which is charged with promulgating rules governing the construction of buildings. MCL 125.1504; MSA 5.2949(4). Under its rule-making authority, the commission adopted as the State Construction Code those rules governing the construction of buildings contained in the Basic Building Code, together with numerous exceptions, amendments and additions. The Basic Building Code is a nationally recognized model building code written by the Building Officials & Code Administrators International, Inc. (BOCA), which is a private association of building officials and code enforcement officials. At the time defendant applied for its building permits, the 1975 edition of the BOCA Basic Building Code, as amended by the State Construction Code Commission, was in effect.
Although the commission adopted substantially all of the BOCA Basic Building Code as the construction code for this state, it did not adopt the BOCA code in total. At the time defendant applied for the building permits, 1976 AACS, R 408.30401 provided in part:
"Rules governing the construction, alteration, relocation, demolition, use, and occupancy of buildings and structures shall be those contained in the Basic Building Code, 1975 edition, except sections 109.1, 109.3 ^ * >}: »
Significantly, BOCA Basic Building Code, § 109.1 was not adopted by the commission. That section provided in part:
"The building official shall have power as may be necessary in the interest of public safety, health and general welfare to adopt and promulgate rules and regulations to interpret and implement the provisions of this code to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions * * *.”
Thus, the commission specifically declined to give local authorities power to amend the State Construction Code.
Under MCL 125.1508; MSA 5.2949(8), plaintiff Ypsilanti Township had the option of exempting itself from the State Construction Code Act and the rules promulgated thereunder, and could have adopted another nationally recognized model building code. However, by its ordinance No. 73, plaintiff adopted the State Construction Code in its entirety and charged its building official with the enforcement of it.
Section 108.1 of the Basic Building Code, which was adopted by the State Construction Code Commission, provides in part:
"The building official shall enforce all the provisions of this code and shall act on any question relative to the mode or manner of construction and the materials to be used in the erection, addition to, alteration, repair, removal, demolition, installation of service equipment, and the location, use, occupancy, and maintenance of all buildings and structures, except as may otherwise be specifically provided for by statutory requirements * *
Plaintiff contends that this section conferred discretionary authority on the township building official to interpret the State Construction Code and apply greater restrictions which it deemed necessary for the public safety and welfare. It is a well-settled rule of construction that words employed in a statute must be given their common meaning. Oppenhuizen v City of Zeeland, 101 Mich App 40, 49; 300 NW2d 445 (1980). Applying this principle to § 108.1 it is clear that the section gives a local building official the authority to examine the materials used in a particular construction project and to determine whether a specific structure will conform to the standards of the State Construction Code. We do not read § 108.1 as giving the local building official discretion to create specifications in excess of those required under the code. The State Construction Code Commission correctly ruled that defendant’s proposed specifications were in compliance with the State Construction Code and that the township’s more restrictive requirements were inconsistent with the code.
Plaintiff also contends that the commission’s adoption of former Rule 401, 1976 AACS, R 408.30401, which expressly excepts § 109.1 of the BOCA Basic Building Code from the State Construction Code, violated the due process rights of the township’s citizens because there was no notice that § 109.1 was excepted. Plaintiff says that at the time the code was originally adopted, it included BOCA Basic Building Code, § 109.1, and that when the township adopted the State Building Construction Code by ordinance in 1975, § 109.1 was interpreted as vesting broad discretion in the township official to interpret the State Building Code in light of local conditions. Plaintiff argues that the commission amended Rule 401 in 1976, making BOCA, § 109.1 inapplicable, and in doing so failed to afford due process notice to local governmental units who would be most affected by the amendment.
Plaintiff’s argument is factually incorrect. Rule 401, 1974 AACS, R 408.30401, as originally adopted by the commission, effective November 6, 1974, specifically excepted BOCA Basic Building Code, § 109.1 from the State Construction Code. Accordingly, at the time the township adopted the State Construction Code by ordinance in 1975, Basic Building Code, § 109.1 was not in effect. It is clear that the commission had authority under the statute to adopt selected portions of the Basic Building Code and to amend, add to, or omit sections according to the needs of the citizens of this state. City of Warren v State Construction Code Comm, 66 Mich App 493; 239 NW2d 640 (1976).
The decisions of the State Construction Code Commission and the trial court are affirmed.
Affirmed. No costs. | [
-12,
20,
9,
-63,
-22,
41,
24,
59,
11,
41,
10,
-16,
22,
-16,
56,
-14,
-22,
1,
-48,
34,
-8,
-14,
-22,
6,
-48,
19,
43,
-12,
-5,
48,
-42,
-32,
-15,
-28,
-52,
4,
39,
34,
24,
14,
-11,
-12,
-21,
-56,
-48,
-50,
57,
34,
34,
2,
1,
48,
-4,
3,
-36,
1,
19,
5,
-9,
-7,
-48,
22,
5,
11,
40,
2,
-15,
32,
31,
32,
-8,
66,
-19,
-24,
10,
6,
-6,
42,
-29,
10,
-31,
21,
68,
14,
-35,
-37,
-21,
-1,
-31,
43,
-61,
-14,
-44,
65,
-19,
9,
8,
4,
20,
-5,
56,
94,
38,
-7,
-29,
-2,
-10,
22,
-17,
16,
-10,
-29,
-10,
5,
7,
1,
3,
75,
-3,
-13,
22,
8,
2,
10,
-23,
18,
44,
-39,
20,
-18,
0,
2,
-24,
45,
-24,
22,
42,
-8,
31,
15,
16,
16,
12,
-16,
49,
-40,
-1,
-43,
-7,
-39,
-2,
10,
-6,
65,
-2,
39,
-51,
-24,
34,
25,
47,
2,
-36,
11,
-33,
-32,
-30,
37,
52,
30,
20,
-15,
11,
-57,
43,
-9,
42,
18,
-19,
-1,
-14,
-9,
26,
8,
-24,
-4,
-10,
0,
20,
-26,
57,
-29,
-44,
1,
-5,
24,
-15,
50,
-51,
0,
-29,
-38,
19,
0,
-3,
-31,
-50,
-27,
-39,
-7,
2,
-1,
-100,
5,
19,
-3,
-7,
63,
20,
16,
15,
-8,
2,
16,
-19,
1,
5,
-2,
53,
-18,
13,
-15,
77,
-6,
5,
23,
21,
40,
18,
35,
-16,
1,
-58,
-11,
-44,
-13,
-40,
9,
10,
-26,
22,
-7,
25,
-47,
-44,
-25,
-13,
40,
-8,
0,
41,
-13,
-4,
-14,
20,
37,
-39,
-25,
-63,
-8,
-61,
63,
14,
26,
-63,
-17,
1,
22,
40,
-13,
-29,
-44,
-11,
-21,
10,
38,
24,
-16,
-66,
3,
-4,
-22,
-13,
-14,
42,
-4,
-1,
-74,
-28,
-31,
-33,
4,
-37,
-49,
31,
9,
-22,
-17,
39,
24,
-16,
-65,
29,
15,
-13,
-20,
-16,
-37,
-14,
-54,
4,
9,
-26,
69,
-56,
-7,
7,
-10,
-17,
12,
-29,
26,
-22,
61,
2,
37,
59,
-29,
-2,
-42,
5,
61,
10,
18,
-1,
8,
-5,
-14,
18,
-20,
9,
-19,
-32,
-25,
-19,
31,
-20,
-60,
-69,
12,
71,
52,
11,
20,
-20,
7,
-7,
22,
-18,
31,
-10,
-8,
-1,
46,
14,
-35,
-25,
70,
-46,
23,
-4,
-3,
23,
32,
10,
26,
19,
-33,
1,
-1,
-76,
-82,
36,
1,
-37,
-41,
18,
20,
10,
17,
-8,
0,
-33,
34,
4,
23,
25,
12,
-2,
0,
-37,
-5,
20,
-5,
25,
-11,
32,
-27,
17,
32,
-7,
11,
-4,
6,
13,
-35,
-1,
-17,
-29,
48,
-29,
22,
12,
2,
-5,
24,
-10,
-14,
-4,
-40,
-65,
22,
-11,
-22,
23,
-19,
12,
54,
-18,
-49,
13,
5,
-37,
-30,
3,
5,
-4,
-8,
5,
22,
2,
-23,
-67,
-65,
-28,
29,
-26,
-9,
63,
-35,
-39,
5,
20,
10,
29,
-23,
30,
24,
-13,
-6,
31,
31,
10,
-50,
4,
-25,
-12,
36,
-39,
24,
15,
38,
15,
13,
1,
3,
-28,
-25,
12,
13,
-4,
3,
24,
13,
63,
-5,
1,
33,
-8,
25,
-32,
-17,
-4,
29,
-34,
4,
69,
-23,
-15,
9,
-66,
-8,
25,
-27,
32,
66,
-13,
-7,
-5,
32,
21,
-38,
15,
34,
9,
4,
21,
24,
-23,
0,
8,
8,
-24,
16,
45,
4,
-25,
-1,
19,
-34,
6,
-24,
-26,
7,
-25,
-46,
-18,
-2,
10,
-3,
-29,
5,
69,
-8,
45,
-41,
-38,
-1,
41,
57,
3,
22,
-41,
-7,
-23,
37,
1,
-7,
-29,
41,
25,
-15,
-15,
19,
-19,
3,
27,
37,
-5,
-1,
-43,
-41,
-1,
-52,
16,
15,
-78,
16,
10,
-32,
4,
-10,
-24,
27,
-14,
-5,
-43,
22,
52,
-18,
19,
-22,
-36,
10,
16,
36,
-62,
-25,
78,
22,
30,
-29,
-6,
-5,
4,
32,
26,
25,
-7,
37,
-25,
50,
27,
-25,
82,
-23,
54,
6,
14,
-4,
-4,
20,
-13,
12,
-34,
-10,
23,
37,
3,
55,
-29,
33,
11,
-18,
48,
-30,
8,
-37,
10,
-45,
15,
-15,
-8,
28,
-47,
-23,
-2,
12,
49,
-20,
-3,
34,
-9,
1,
-35,
-58,
-19,
38,
8,
-12,
18,
13,
-38,
-13,
49,
-22,
14,
-10,
8,
-8,
-6,
-10,
21,
-20,
10,
2,
-26,
-11,
-31,
-18,
-16,
27,
33,
-34,
-51,
61,
0,
-41,
2,
-25,
-33,
0,
-7,
12,
11,
57,
-26,
7,
-25,
-26,
22,
-47,
-28,
2,
-14,
-12,
30,
-36,
-30,
46,
-9,
28,
48,
-10,
8,
16,
-38,
20,
18,
-3,
32,
-42,
-54,
-65,
8,
-24,
76,
33,
-38,
-6,
-25,
-1,
-10,
41,
-23,
-22,
-20,
13,
9,
16,
-26,
-77,
-16,
19,
8,
-4,
-14,
-8,
-4,
-10,
-3,
48,
-7,
-25,
29,
-37,
-49,
-8,
4,
-45,
30,
14,
21,
21,
6,
4,
16,
14,
31,
-4,
0,
19,
-13,
-9,
8,
23,
29,
2,
61,
-41,
22,
28,
3,
0,
-28,
7,
-102,
30,
37,
1,
9,
-2,
-74,
-25,
43,
-21,
3,
-5,
6,
-6,
10,
64,
-69,
-66,
17,
-46,
49,
18,
32,
-15,
43,
27,
-31,
10,
-11,
-40,
0,
-4,
-8,
1,
-14,
19,
-32,
12,
29,
-31,
28,
28,
30,
-3,
-40,
-11,
41,
-39,
33,
32,
16,
18,
-22,
29,
84,
17,
-41,
-5,
-6,
-7,
-39,
-38,
28,
48,
10,
-24,
-14,
-14,
9,
-16,
-43,
-28,
12,
15,
0,
-7,
44,
-59,
15,
-63,
-8,
19,
28,
46,
40,
26,
-40,
37,
8,
-1,
-19,
-18,
-11,
-5,
8,
15,
-3,
40,
34,
3,
-2,
25,
-26,
-7,
-53,
-10,
-2,
-39,
8,
5,
-24,
-23,
1,
39,
-15,
-17,
-47,
-49,
-18,
20,
16,
11,
-62,
3,
22,
-51,
-19,
3,
-14,
-35,
-1,
-59,
-19,
-8,
-13,
-33,
-18,
14,
-14,
-42,
-9,
-30,
41,
-68,
43,
-17,
-4,
7,
7,
8,
-39,
28,
-45,
-8,
0,
7,
51,
-6,
-7,
-46,
57,
-28,
28,
-8,
0,
16,
-14,
-17,
-12,
-12,
-21,
28,
45,
-2,
13,
-26,
45,
-11,
-39,
-4,
32,
21,
-15,
-54,
1,
-37,
2,
-34,
15,
-38,
-24,
-2,
3,
65,
33,
21,
32,
32,
23,
42,
16,
-9,
-7,
23,
-7,
45,
5,
4,
34,
-22,
-24,
54,
7,
-42,
62,
-13,
-30,
-14
] |
Beasley, J.
The Juvenile Division of the Wayne County Probate Court took temporary custody of three of the children of respondent, Patricia Atkins, pursuant to a neglect and/or dependency petition filed by the Wayne County Department of Social Services (DSS) on June 18, 1973. A second petition was filed on September 30, 1977, seeking to have the three children, who were then in foster care homes, made permanent wards of the court for purposes of adoption. After a hearing on the petition for permanent custody held in April and May, 1979, the juvenile court took permanent custody of Jeffrey Samuel Atkins, Lisa Michelle Atkins and James Joseph Atkins, making them permanent wards of the court for purposes of adoption. The circuit court on appeal upheld the probate court’s decision. Respondent now appeals by leave granted.
The permanent custody petition filed by the DSS was based on the following provisions of MCL 712A.19a; MSA 27.3178(598.19a):
"Where a child remains in foster care in the temporary custody of the court following the initial hearing provided by section 19, the court may make a final determination and order placing the child in the permanent custody of the court, if it finds any of the following:
* * *
"(c) A parent or guardian of the child is unable to provide proper care and custody for a period in excess of 2 years because of a mental deficiency or mental illness, without a reasonable expectation that the parent will be able to assume care and custody of the child within a reasonable length of time considering the age of the child.
* * %
"(f) The child has been in foster care in the temporary custody of the court on the basis of a neglect petition for a period of at least 2 years and upon rehearing the parents fail to establish a reasonable probability that they will be able to reestablish a proper home for the child within the following 12 months.”
Respondent’s first claim is that the DSS failed to meet its burden of proof by clear and convincing evidence and that permanent custody by the court was not warranted on the basis of neglect. It should be noted, however, that permanent custody was not sought under subsection 19a(e), which provides:
"The parent or guardian is unable to provide a fit home for the child by reason of neglect.”
Subsection 19a(f) does not require a finding of neglect. Rather, it requires a finding as to whether there is a "reasonable probability” that the parents will be able to "reestablish a proper home” for a child who has been in foster care in the temporary custody of the court for at least two years based on a prior neglect petition. Respondent’s first issue, thus, appears to be a challenge to the initial finding of neglect made after a hearing on the temporary custody petition filed under MCL 712A.2; MSA 27.3178(598.2). Since respondent did not challenge this initial finding of neglect in her appeal to the circuit court and did not file a transcript of the first hearing with this Court, we are unable to review this issue on appeal.
Respondent also claims that the DSS failed to meet its burden of proof that permament custody by the court was warranted on the basis of mental illness under subsection 19a(c). Nine witnesses, including respondent, testified that she had five children, one of whom, Rebecca, was presently living with her. Her daughter Jennifer was in legal guardianship and the three oldest children (the subjects of this case), were in foster care. Respondent had had problems since her teenage years. She became depressed when her mother died in 1962, and sought help at the Lafayette Clinic when she was 15 years old. She voluntarily signed herself in and stayed for two or three months.
Respondent went again to the clinic in 1970, voluntarily placing Lisa and Jeffrey in foster care. She had married Samuel Atkins in 1966, living with him off and on for a year. She admitted that she had gotten involved with marijuana, alcohol, tranquilizers, and cocaine at the age of 21, but claimed that she had stopped taking any drugs or alcohol a year and a half prior to the hearing.
In 1971, respondent sought counseling at Family Services in Dearborn, which in-home counseling continued for about seven months. In the spring of 1970 or 1971, respondent had gotten custody of Lisa and Jeffrey and kept them for a year and a half. At the time, she was living with a man who was on drugs. A third child, James, was born in July, 1972. Respondent herself was on marijuana and alcohol, was depressed and wanted to go to a hospital. In late 1972, she took Lisa, Jeffrey, and James to the police station because she felt she was in immediate danger and needed some place to put the children. Respondent spent four or five months in the Lafayette Clinic and then lived in adult foster care homes for a year and nine months. Since 1972, respondent had gotten custody again of only Jeffrey, who lived with her for about six months in the spring of 1976.
While Jeffrey and Jennifer were with her in 1976, respondent was renting a house but was having financial problems. Her landlady and her aunt told her to adopt out James and Jennifer and then she could get Jeffrey and Lisa back. Respondent, who had become religiously reborn, was in Alcoholics Anonymous at the time but was still drinking. One day, when she was arguing with Mrs. Sturtos, respondent, who was "loaded” on alcohol, blacked out for five minutes and then left the house with Jeffrey. The police came, took Jeffrey and brought respondent to Northville State Hospital, where she stayed for two or three months.
In 1974, the probate court took temporary custody of Jeffrey, Lisa and James on a neglect peti tion. After the court took custody of the children, respondent worked and went to school for a while, until she got pregnant. At the time of the permanent custody hearing, respondent was living with her 11-month-old daughter, Rebecca, and was supported by ADC. Respondent testified that she would still get "sort of depressed”, but it would not be as devastating a depression as before. Respondent also admitted that her drug and alcohol problems, which necessitated her separation from her children, had a negative emotional impact on her son Jeffrey. However, she did not believe she needed any further treatment for drug or emotional problems.
Respondent’s son James had been in foster care for six of his seven years. Respondent had been unable to see him on a "real parent-child relationship basis” for a number of years. The last time she saw James was in 1975 or 1976.
Dr. Judith Kleinman, a psychiatrist who had interviewed respondent in May of 1977, testified that respondent exhibited characteristic responses of a schizophrenic. Respondent became increasingly agitated after the doctor administered a mental status examination and abruptly ended the interview by saying that she could not stand being in the office any longer. Dr. Kleinman diagnosed respondent as psychotic, with auditory hallucinations and paranoid delusions.
The doctor examined Jeffrey and concluded that he was a multiple-traumatized and depressed child and would not benefit from being returned to his mother. Lisa had also suffered emotionally from the multiple placements and separations and could not be successfully reunited with her mother. James had been severely traumatized as an infant and still showed significant emotional scars.
Barbara Walkenhorst, who had befriended respondent between October, 1976, and March, 1977, testified that she and another woman, Jennie Porter, had done their best to help respondent become independent in order to regain custody of her children but respondent was either unwilling or unable to improve her status. Walkenhorst said that respondent was not a truthful person and that she would not believe her if she were under oath. She described respondent’s house as "totalled” each of the three times she had visited but that it was liveable.
John Derr, who had a master’s degree in psychology, met with respondent in December, 1975, on a referral from the DSS. He had diagnosed respondent as being a dependent personality who would need a lot of support and guidance if under stress and recommended that the children be made temporary wards of the court. However, he found no evidence of a thinking disorder or of schizophrenia and, on cross-examination, testified that if there were no serious losses of a loved one and no severe financial insecurity, it would be possible for a person in her condition to function in a relatively normal way.
Virginia Porter testified that she had known respondent from November, 1976, until March, 1977, and that respondent had lived with her during part of that time. She testified that respondent began to make personal attacks on her and that she finally had to move respondent out and into a hotel room. Porter did not believe that respondent was a truthful person.
Dr. George Czertko, a psychiatrist and director of the Department of Substance Abuse at Lafayette Clinic, testified that he treated respondent from September 13, 1973, to December 31, 1973, as an in-patient resident at the Lafayette Clinic. Dr. Czertko conducted a standardized mental status examination and took a psychiatric history. He found respondent to be depressed and that she felt she was unable to function in her capacity as a mother and as a housewife. He had diagnosed respondent’s condition at the time as that of reactive depression secondary to a chronic personality disorder. His final diagnosis was that of a borderline personality, which means a person who has extreme difficulties in maintaining relationships with people, with periodic loss of contact with reality. Dr. Czertko’s last contact with respondent was on November 12, 1974. He testified that the prognosis for a person with her problems was extremely poor without treatment. Dr. Czertko said he would be most surprised if respondent would be able to take care of herself, let alone her children, without any treatment. While at the clinic, respondent was helped in obtaining a waitress job two blocks away. Despite being taken to work and back by a staff person, respondent lost the job.
Deborah Morgan, a foster care worker with the DSS, testified that she first met with respondent on October 16, 1978. Morgan had set up visits for respondent with her son James in October, 1978, and January, 1979, but respondent cancelled both times. According to Morgan, respondent regularly visits her son Jeffrey and visited Lisa two weeks before Christmas in 1978.
Mary Larson, who had met respondent eight months before trial, testified that she became acquainted with respondent when the latter called the prayer line at the Evangelical Church. Respondent sought Larson’s help in eventually obtaining custody of her children through a plan whereby Larson was to take temporary legal guardianship of Jeffrey and James. Larson agreed to help respondent if respondent would go to church. Respondent was not cooperative regarding the plan in that she would not attend church. At some point, Larson backed out of the guardianship plan, evoking anger in respondent, who accused Larson of wanting respondent’s children for her own.
Susan Shandorf, a social worker with the DSS, had been assigned respondent’s case in early 1974. Respondent had submitted five or six plans over a period of time extending from September, 1974, through December, 1978, to obtain custody of her children. Only one of the plans, which was submitted in April, 1976, was acceptable. Respondent was granted a trial return of her oldest child, Jeffrey, under supervision of the DSS. The arrangement lasted about five months and was terminated when respondent began to experience emotional problems and was admitted to Northville State Hospital.
According to Shandorf, Jeffrey had been in eight foster placements and such a high number of placements was unhealthy for Jeffrey. Respondent was absent from the proceedings for one whole day, came late to the proceedings the third day and did not return to court after breaking for lunch the third day, when she had been scheduled to continue her testimony after lunch. Respondent was not present on the fourth day of the proceedings.
We believe that the above testimony presented at the hearing was sufficient to support a finding under either subsection 19a(c) or 19a(f). The finder of fact could find, based on this evidence, that there was clear and convincing proof that respondent was not fit as a parent and was unable to become fit within a reasonable period of time based on her history of mental illness and inability to function consistently as a parent.
We reject respondent’s contention that subsection 19a(c) violates equal protection by predicating a family relationship on mental illness alone. Subsection 19a(c) does not allow termination of parental rights simply on the basis of mental illness. Rather, it links the parent’s mental illness to that parent’s ability to provide proper care for her child. Therefore, it is unnecessary to determine whether there is a rational basis for classifying all mentally ill persons as being unfit to retain custody of their children.
Respondent also challenges the legal standards ' applied by the probate judge. The probate judge, in his opinion, stated:
"This court has highlighted some of the testimony in this matter and after reviewing all of the testimony finds that no realistic plan has been advanced through counsel for Mrs. Atkins to persuade this court that it is in the best interests of the children to return them to Mrs. Atkins. Each of these children has been in foster care in the temporary custody of this court for at least 2 years and there has not been established on this record a reasonable probability that Mrs. Atkins would be able to re-establish a proper home for the children within the following 12-month period. The medical testimony offered in this court shows at least an emotional or mental illness on the part of Mrs. Atkins which would not permit her to function in such manner as to meet the growing needs of the three children. There is clear and convincing evidence that it is in the best interests of the children that they be placed in a permanent home.”
Respondent claims that the probate judge erred in placing the burden of proof upon her to prove fitness. In a custody termination case, under §§ 19 and 19a, the burden of going forward is placed upon the parent. However, as this Court noted in In the Matter of LaFlure, this burden is not the same as the burden of proof:
"We do not think it inappropriate that the burden of going forward be placed on the parents. Such a burden is far less onerous than the burden of proof. It merely requires the parents to give any indication whatsoever that the family situation has improved.”
The following interchange between the probate judge and counsel for petitioner made during closing statements indicates that the probate judge did understand that the burden of proof was on the petitioner:
"The Court: Well, the burden of proof does not shift to the respondent in this cause. ‘
"Mr. Rosner: Pardon, your Honor.
"The Court: The burden of proof on your petition does not shift to the respondent in this cause.”
Thus, while some of the wording used in the judge’s opinion, standing alone, might tend to indicate that he improperly shifted the burden of proof to respondent, it is clear that he understood the proper standard and found by clear and convincing evidence that the statutory requirements for termination of parental rights under subsection 19a(c) and 19a(f) of the statute were met.
Respondent claims also that the probate judge erred reversibly in applying the "best interests of the child” standard in making his determination. The "best interests” standard has its statutory origin in the Child Custody Act of 1970, which applies to all actions in circuit court involving a dispute of custody over a minor child. This act, however, does not apply here, where the matter of the custody is in the probate court.
Although some panels of this Court have implied that the "best interest” standard should be applied in at least some stages of proceedings to terminate parental rights under MCL 712A.1 et seq.; MSA 27.3178(598.1) et seq., we believe that the proper standard for proceedings under § 19a is whether the parent has been shown by clear and convincing evidence to be unfit and unable to become fit within a reasonable period of time.
As the Supreme Court stated in Fritts v Krugh:
"It is totally inappropriate to weigh the advantages of a foster home against the home of the nátural and legal parents. Their fitness as parents and the question of neglect of their children must be measured by statutory standards without reference to any particular alternative home which may be offered the children.”
While the probate judge in the present case did refer to the "best interests” standard in his opinion, this case does not mandate reversal where he did not weigh the advantages of the foster homes of respondent’s children against what respondent could provide and where he did base his decision on respondent’s fitness under the standards of subsections 19a(c) and 19a(f) of the statute.
Respondent’s final claim on appeal is that the decision of the circuit court, upholding the probate court’s admission of testimony allegedly protected by the psychologist/psychiatrist-patient privilege, was clearly erroneous. Respondent claims this error occurred in regard to admission of the testimony of Dr. Judith Kleinman, John Derr and Dr. George Czertko.
The testimony of Dr. Kleinman was received without objection at the hearing. Therefore, any claim regarding the admissibility of her testimony was not preserved for appeal.
In regard to the testimony of Dr. Czertko, evidence of a signed waiver was presented by petitioner at the hearing. Respondent’s attorney argued that the waiver was not properly authenticated. Respondent was absent, without excuse, at the time that the document was presented. Faced with this situation, the probate judge admitted the waiver subject to its being challenged at any time respondent was present and wished to do so. There appears nowhere on the record any claim by respondent that she did not execute the waiver. We find that the probate court did not commit reversible error in admitting the Czertko testimony.
The testimony of John Derr, a psychologist, was received over objection. No evidence was presented that respondent had waived the privilege or had been informed at the time of her meeting with Derr that any communications made would not be privileged. Thus, it was error to admit this testimony under MCL 330.1750(2); MSA 14.800(750)(2), which provides:
"(2) Privileged communications shall not be disclosed in civil, criminal, legislative, or administrative cases or proceedings, or in proceedings preliminary to such cases or proceedings, unless the patient has waived the privilege, except in the circumstances set forth in this section.”
Absent an indication that respondent had been informed that communications with Derr would not be privileged, this testimony was not made admissible by the exception to the above-quoted provision made in MCL 330.1750(3)(e); MSA 14.800(750)(3)(e), which states:
"(3) Privileged communications shall be disclosed upon request:
"(e) When the communications were made during an examination ordered by a court, prior to which the patient was informed that any communications made would not be privileged, but only with respect to the particular purpose for which the examination was ordered.”
Neither do we find that the psychologist-patient privilege was waived by MCL 722.631; MSA 25.248(11), as that section only abrogates the privilege as to evidence introduced in a civil child protective proceeding resulting from a report made pursuant to the Child Protection Law. There is no indication that Derr’s meeting with respondent was a result of any action made under the Child Protection Law.
While we find Derr’s testimony to have been erroneously admitted, we also find that this error was harmless. There was other overwhelming evidence supporting the trial judge’s findings. Moreover, the testimony of this witness was not especially damaging to respondent, as he admitted that, under proper circumstances, she could function in a relatively normal way.
Affirmed.
See In the Matter of Adrianson, 105 Mich App 300, 309; 306 NW2d 487 (1981).
See Doe v Oettle, 97 Mich App 183, 186-187; 293 NW2d 760 (1980).
48 Mich App 377, 388; 210 NW2d 482 (1973).
MCL 722.21 et seq.; MSA 25.312(1) et seq.
In re Weldon, 397 Mich 225, 264, 326-327; 244 NW2d 827 (1976) (opinions of Coleman, J., and Levin, J.), custody decision affirmed, retention of jurisdiction vacated 407 Mich 1152 (1979).
In the Matter of Baby X, 97 Mich App 111; 293 NW2d 736 (1980), In the Matter of Rebecca Oakes, 53 Mich App 629; 220 NW2d 188 (1974), In re Franzel, 24 Mich App 371; 180 NW2d 375 (1970).
In the Matter of LaFlure, supra, MCL 712A.19a; MSA 27.3178(598.19a).
354 Mich 97, 115; 92 NW2d 604 (1958). | [
-25,
14,
-4,
22,
-19,
23,
-28,
26,
-26,
-42,
-70,
-35,
7,
24,
-56,
15,
0,
43,
6,
-36,
-6,
82,
13,
30,
-6,
24,
12,
-28,
-34,
-13,
-50,
-33,
-4,
10,
-20,
-7,
17,
-21,
28,
26,
19,
-20,
-2,
-32,
-12,
1,
16,
83,
0,
7,
-18,
38,
17,
-11,
-16,
69,
55,
-25,
24,
5,
-73,
57,
-29,
16,
-64,
-34,
-8,
29,
18,
-1,
72,
-14,
-48,
26,
53,
0,
-9,
-29,
50,
37,
30,
-1,
35,
-16,
-22,
4,
17,
-50,
12,
48,
10,
49,
-64,
-32,
-33,
65,
0,
-17,
52,
-19,
-43,
5,
102,
57,
-11,
26,
32,
-39,
-46,
51,
24,
-38,
42,
16,
18,
30,
-7,
3,
33,
-13,
2,
43,
-5,
-17,
33,
-25,
-39,
-8,
38,
19,
-20,
4,
43,
-10,
2,
0,
12,
-45,
46,
-37,
-47,
17,
20,
-37,
-10,
-31,
-8,
-75,
32,
-10,
-14,
0,
28,
18,
29,
25,
22,
-3,
-13,
-42,
60,
-11,
-27,
-32,
-55,
-93,
19,
62,
-14,
10,
39,
29,
-41,
52,
-18,
31,
-32,
46,
-48,
-21,
-35,
11,
27,
-30,
28,
2,
3,
-52,
-26,
-42,
-37,
-7,
16,
-8,
-44,
6,
29,
15,
-9,
26,
-45,
17,
31,
-15,
-27,
2,
-28,
-35,
-2,
-56,
13,
17,
5,
-48,
-40,
-27,
-18,
37,
-5,
36,
19,
11,
45,
-34,
-45,
16,
-8,
6,
-12,
-23,
29,
45,
18,
44,
-4,
10,
-23,
18,
12,
68,
20,
-33,
26,
-2,
-1,
38,
-10,
-6,
0,
23,
-11,
28,
-26,
-12,
7,
-52,
-42,
-14,
33,
5,
5,
-7,
-21,
-17,
44,
37,
0,
31,
5,
-15,
10,
17,
3,
-75,
-25,
-31,
14,
-25,
3,
42,
-37,
-6,
42,
20,
22,
-35,
-8,
-10,
27,
42,
-34,
16,
68,
-15,
-2,
-44,
-25,
-14,
31,
7,
15,
36,
-20,
16,
-46,
-15,
-37,
31,
18,
31,
63,
61,
-2,
-2,
20,
-60,
35,
-26,
38,
-20,
1,
22,
-10,
22,
5,
-47,
11,
1,
17,
12,
-25,
18,
54,
-37,
32,
71,
-6,
3,
1,
11,
23,
25,
1,
9,
-6,
-50,
69,
-35,
-6,
65,
-22,
-13,
64,
-19,
-79,
-5,
-37,
-46,
-30,
10,
6,
-32,
-43,
9,
-21,
-10,
73,
11,
17,
0,
61,
-31,
32,
18,
42,
-36,
-2,
37,
53,
9,
-51,
-29,
-9,
30,
12,
-29,
-42,
14,
24,
-29,
5,
14,
-3,
-33,
-3,
-42,
-6,
23,
31,
-44,
7,
9,
-23,
42,
-13,
33,
-13,
-2,
44,
-7,
-20,
-1,
-26,
17,
-45,
-17,
6,
-42,
-30,
-7,
-5,
90,
16,
-59,
-40,
19,
3,
23,
20,
-12,
-2,
-3,
-18,
24,
84,
6,
-12,
-2,
-27,
-4,
-27,
17,
-10,
7,
25,
-34,
-35,
-20,
-2,
-17,
4,
35,
23,
-29,
16,
-17,
-16,
-2,
-18,
-75,
-9,
-11,
49,
7,
-11,
3,
-63,
24,
-1,
-26,
-60,
34,
-14,
-56,
-8,
12,
-2,
-8,
48,
23,
20,
-8,
-62,
32,
40,
-8,
26,
-41,
11,
13,
41,
-54,
0,
72,
-5,
-10,
25,
8,
-55,
-10,
27,
7,
32,
25,
30,
-17,
13,
30,
-38,
-22,
12,
27,
-14,
9,
15,
31,
22,
15,
27,
-32,
33,
14,
-18,
-36,
14,
25,
20,
23,
-60,
-4,
22,
-12,
40,
13,
-8,
33,
-35,
30,
22,
0,
3,
23,
-38,
-3,
0,
-66,
35,
-11,
-45,
-41,
49,
-31,
-18,
23,
9,
-14,
23,
14,
-44,
-21,
-38,
7,
59,
-30,
9,
-37,
3,
7,
-8,
-1,
-2,
0,
0,
-13,
0,
33,
-3,
-7,
2,
-42,
-5,
47,
-12,
25,
-12,
3,
-3,
7,
15,
-18,
-12,
-80,
-25,
14,
0,
3,
14,
-35,
-23,
-42,
-7,
27,
45,
-54,
40,
-14,
18,
29,
-43,
-42,
11,
-20,
-59,
-60,
-13,
28,
7,
-6,
-55,
38,
-52,
-8,
7,
-17,
-69,
-6,
21,
-14,
33,
23,
29,
21,
16,
-20,
-18,
-50,
-4,
1,
-7,
24,
-50,
49,
-49,
25,
-6,
9,
-12,
-5,
4,
24,
-59,
43,
11,
3,
-31,
46,
46,
-44,
26,
-26,
14,
-11,
-10,
26,
37,
-9,
0,
35,
21,
34,
-78,
36,
-40,
59,
-39,
7,
18,
17,
31,
7,
-5,
-1,
-30,
-87,
14,
0,
-7,
0,
-58,
-2,
-17,
18,
24,
-1,
-39,
-63,
-11,
52,
35,
17,
-22,
32,
-4,
-5,
-26,
26,
25,
38,
21,
-37,
-41,
70,
20,
-11,
-40,
6,
-60,
30,
24,
-7,
-37,
46,
-21,
-12,
10,
32,
25,
-53,
-15,
-94,
-15,
29,
-6,
35,
17,
20,
-32,
44,
-16,
19,
9,
-31,
-40,
12,
-15,
44,
48,
34,
-43,
-11,
63,
-37,
-33,
17,
36,
-19,
36,
-46,
-13,
45,
-40,
4,
3,
18,
-3,
-36,
-14,
-1,
12,
-11,
-6,
50,
-36,
-5,
11,
31,
-15,
-7,
-24,
-59,
-44,
54,
44,
-17,
-73,
-62,
29,
-17,
-14,
9,
0,
-3,
6,
-28,
65,
41,
4,
29,
22,
-18,
70,
39,
17,
41,
0,
17,
-31,
-18,
-33,
4,
-2,
73,
-16,
4,
-44,
-20,
48,
26,
-22,
-7,
86,
-39,
-21,
-48,
0,
18,
2,
40,
-1,
-13,
-9,
-5,
62,
-2,
-12,
-28,
-4,
19,
20,
-4,
6,
-23,
11,
-54,
-16,
22,
20,
-31,
22,
1,
18,
-31,
-23,
31,
15,
-20,
-23,
12,
9,
-23,
17,
52,
11,
-39,
-9,
13,
18,
-93,
-30,
4,
-26,
-27,
-67,
9,
-14,
-76,
21,
1,
-32,
-13,
51,
-7,
-18,
32,
56,
-5,
34,
-34,
-18,
1,
-14,
41,
18,
1,
33,
41,
-10,
17,
-12,
-42,
-18,
31,
-38,
-65,
-54,
-52,
24,
-8,
12,
-65,
-20,
-3,
11,
12,
-5,
-15,
-6,
-23,
7,
-19,
24,
-30,
5,
-18,
-13,
-80,
-9,
32,
14,
13,
1,
0,
-81,
-57,
22,
-32,
29,
-14,
0,
-42,
27,
-19,
-43,
-8,
-7,
30,
17,
8,
-122,
-53,
47,
-41,
47,
-21,
-42,
35,
-19,
-24,
15,
66,
-21,
84,
15,
57,
-28,
-28,
29,
20,
-39,
-3,
-16,
24,
4,
7,
9,
-29,
16,
-18,
-10,
18,
-41,
-21,
-36,
36,
-71,
-35,
7,
-30,
-78,
-31,
63,
4,
79,
-12,
30,
15,
-21,
-31,
-5,
34,
-2,
44,
-36,
12,
16,
-22,
-19,
-12,
-44,
23,
6,
16,
-8,
19,
21,
4,
0,
41,
-48,
35,
78,
-50,
32,
23
] |
Allen, P.J.
May a key prosecution witness be impeached by evidence of prior convictions where more than 10 years have elapsed since the date of the convictions or the release of the witness from confinement imposed for those convictions as proscribed by MRE 609(b)? This question of first impression comes to us on leave granted on the following facts.
In late 1980, defendant was charged with inciting, inducing or exhorting Russell Haynes to murder Franklin Manners. MCL 750.157b, 750.316; MSA 28.354(2), 28.548. However, the record does not indicate murder occurred. Defendant pled not guilty, waived preliminary examination and was bound over to circuit court where trial was scheduled to be held January 19, 1981. Defendant moved for discovery of the prior criminal record of Russell Haynes who was endorsed as a key witness for the prosecution. The motion was granted and examination of the criminal record of the witness disclosed eight convictions, spanning the years 1940 to 1967, for larceny, forgery, counterfeiting, and related fraudulent activities. Defendant then moved that the record of prior convictions be allowed in evidence at trial in order that the witness be fully cross-examined and the jury allowed to determine for itself the credibility of the prosecution witness who is defendant’s accuser. At that hearing, defendant argued that her Sixth Amendment right took precedence over Michigan Rules of Evidence. Following hearing, the Honorable Ross W. Campbell, Circuit Judge for Washtenaw County, ruled that the prior convictions could not be allowed because they occurred more than 10 years ago and were not admissible under MRE 609(b), a rule which the trial court felt bound to follow.
"* * * [I]t seems to me that we should let the jury know about the prior convictions if they have any bearing at all or may have any bearing on credibility.
"We are then left with the limiting instruction, but I didn’t write these rules. The fact that the Michigan Supreme Court is at variance with all of the federal courts throughout the entire United States shows their willingness to stand by what they consider the wisdom of the 10-year exclusionary rule. It certainly is not the province of the trial judge to attempt to pass judgment on the wisdom or validity of such a rule by our Michigan Supreme Court. In point of fact, that Court itself is the one that will review the wisdom and validity of its own rule.”
However, Judge Campbell agreed that the question of law raised was of such importance that it would in all probability be raised in other circuits and on February 17, 1981, entered a consent order certifying the question for interlocutory appeal. On April 29, 1981, this Court granted defendant’s application for leave to appeal.
MRE 609(b) provides:
"Time limit. Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date.”
Under federal rule FRE 609(b), a federal district judge has discretion to allow impeachment by convictions which are more than 10 years old:
"Time limit. Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than 10 years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intént to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.”
To date, the cases discussing MRE 609(b) have enforced its plain terms. See, for example, People v Slager, 105 Mich App 593, 595-596; 307 NW2d 376 (1981), People v Huff, 101 Mich App 232, 239; 300 NW2d 525 (1980), People v Featherstone, 93 Mich App 541, 544-545; 286 NW2d 907 (1979). In People v Worden, 91 Mich App 666, 679; 284 NW2d 159 (1979), a panel of this Court stated in dicta that "[n]ew MRE 609(b) absolutely prohibits the introduction for impeachment purposes of evidence of a conviction more than ten years old”. However, all of the cases cited above involve impeachment of the defendant. None involve the situation in the instant case, viz.: impeachment of a key prosecution witness who would testify against the defendant. This important distinction was noted by the trial court in certifying the question for interlocutory appeal. Consequently, the issues presented in the instant case are of first impression. Does the Sixth Amendment right to confrontation take precedence over a state statute or court rule which limits the right to disclose prior convictions of a key prosecution witness? If so, may this Court so rule, or is it a matter which only the Supreme Court may act upon?
The federal courts have not hesitated to strike down a state statute or rule of evidence materially restricting the right of an accused to cross-examine a prosecution witness. In Chambers v Mississippi, 410 US 284, 295, 297-298; 93 S Ct 1038; 35 L Ed 2d 297 (1973), the Court held that the Sixth Amendment right to confrontation was violated when petitioner was not allowed to impeach a witness because of Mississippi’s voucher rule, a common-law rule that prohibited a party from impeaching his own witness. The Court stated:
"The right of cross-examination is more than a desirable rule of trial procedure. It is implicit in the constitutional right of confrontation, and helps assure the 'accuracy of the truth-determining process.’ Dutton v Evans, 400 US 74, 89 [91 S Ct 210; 27 L Ed 2d 213] (1970); Bruton v United States, 391 US 123, 135-137 [88 S Ct 1620; 20 L Ed 2d 476] (1968). It is, indeed, 'an essential and fundamental requirement for the kind of fair trial which is this country’s constitutional goal.’ Pointer v Texas, 380 US 400, 405 [85 S Ct 1065; 13 L Ed 2d 923] (1965). Of course, the right to confront and to cross-examine is not absolute and may, in appropriate cases, bow to accommodate other legitimate interests in the criminal trial process. E.g., Mancusi v Stubbs, 408 US 204 [92 S Ct 2308; 33 L Ed 2d 293] (1972). But its denial or significant diminution calls into question the ultimate "’integrity of the fact-finding process’” and requires that the competing interest be closely examined. Berger v California, 393 US 314, 315 [89 S Ct 540; 21 L Ed 2d 508] (1969).
"* * * The availability of the right to confront and to cross-examine those who give damaging testimony against the accused has never been held to depend on whether the witness was initially put on the stand by the accused or by the State, We reject the notion that a right of such substance in the criminal process may be governed by that technicality or by any narrow and unrealistic definition of the word 'against.’ The 'voucher’ rule, as applied in this case, plainly interfered with Chambers’ right to defend against the State’s charges.”
Likewise, in Davis v Alaska, 415 US 308, 319; 94 S Ct 1105; 39 L Ed 2d 347 (1974), the Supreme Court held that the Sixth Amendment right to confrontation was violated when petitioner was not allowed to cross-examine a key prosecution witness about his juvenile offender status because of an Alaska rule prohibiting disclosure in court of an "adjudication, order, or disposition of a juvenile case”. Although recognizing that Alaska had an interest in protecting the anonymity of juvenile offenders, the Supreme Court concluded that the right to confrontation was paramount to the state’s policy of protecting juvenile offenders.
"Whatever temporary embarrassment might result to Green or his family by disclosure of his juvenile record —if the prosecution insisted on using him to make its case — is outweighed by petitioner’s right to probe into the influence of a possible bias in the testimony of a crucial identification witness.”
In the recent case of Burr v Sullivan, 618 F2d 583 (CA 9, 1980), Burr was tried and found guilty in the state court for arson. The state based its case on the testimony of two juvenile accomplices. When Burr sought to cross-examine the accomplices regarding 52 and 48 burglaries admitted to in a juvenile proceeding conducted after the arson, the state objected on grounds that an Oregon statute prohibited disclosure of such proceedings. The trial court granted the state’s motion to strike. In a habeas corpus proceeding, the federal district court held that Burr’s right to confrontation was denied. Appeal was then taken to the circuit court of appeals which affirmed saying:
"There is a further, alternative ground to support our ruling. The state trial court sua sponte declared that it would not, as the trier of fact, give any consideration to the point that the second witness, in cross-examination, testified that he had admitted commission of 48 burglaries in the juvenile proceeding conducted after the arson. The court based its ruling on the Oregon statute which forbids the use of juvenile records in any proceeding other than juvenile court. Or Rev Stat § 419.567(3). This sua sponte striking of the cross-examination of a key prosecution witness constituted prejudicial error. The need of the defendant to cross-examine a principal government witness to show possible bias outweighed the need of the state to maintain the confidentiality of its juvenile records. Davis v Alaska, supra, 415 US 308, 320; 94 S Ct 1105, 1112 [39 L Ed 2d 347 (1974)]. The testimony was relevant to show possible bias or self-interest of the witness who testified against Burr.” Burr, supra, 588.
Similarly, in Pettijohn v Hall, 599 F2d 476 (CA 1, 1979), the court found that the defendant’s Sixth Amendment right of confrontation was violated when the trial court denied the defendant the right to call Griffen as a witness and introduce evidence of his prior identification of a man other than the defendant. The trial court had ruled against the defendant’s right to call the witness on grounds that the testimony was inadmissible and irrelevant.
"Once a sixth amendment right is implicated, the state must offer a sufficiently compelling purpose to justify the practice. Various state evidentiary rules which advanced legitimate state interests have bowed to the defendant’s right to let the jury hear relevant evidence. See, e.g., Washington v Texas [388 US 14; 87 S Ct 1920; 18 L Ed 2d 1019 (1967)] (state interest in avoiding perjured testimony did not justify its rule barring co-conspirators from testifying); Chambers v Mississippi, supra (state law excluding third party hearsay confessions did not justify exclusion). Cf. Davis v Alaska, 415 US 308; 94 S Ct 1105; 39 L Ed 2d 347 (1974) (confrontation right prevails over juvenile proceedings privilege statute); United States v Nixon, 418 US 683, 709; 94 S Ct 3090; 41 L Ed 2d 1039 (1974) (executive privilege yields to need for criminal evidence). The reasons offered for exclusion in this case are likewise insufficient.” 599 F2d 476, 481. (Emphasis added.)
See also Chavis v State of North Carolina, 637 F2d 213, 225-226 (CA 4, 1980) (holding that the trial court’s limitation on cross-examination of two prosecution witnesses to uncover special treatment they received constituted error of constitutional magnitude), Chipman v Mercer, 628 F2d 528, 532 (CA 9, 1980) (holding that the trial court’s refusal to permit cross-examination of a sole eyewitness for bias or prejudice violated defendant’s Sixth Amendment rights), United States v Willis, 647 F2d 54, 57 (CA 9, 1981) (holding that the trial court’s refusal to permit cross-examination of a government witness as to his bias by reason of intimate relations with defendant’s former live-in girlfriend constituted reversible error), People v Dawsey, 76 Mich App 741, 747; 257 NW2d 236 (1977) ("legislative or judicial attempts to prevent meaningful cross-examination are constitutionally unacceptable”).
From the above cases, it is clear that any attempt to limit meaningful cross-examination, whether it be by legislative act, judicial pronouncement or court ruling upon the admissibility of evidence, court rule, or the common law, must be justified by a compelling state interest. Where a statute or court ruling is challenged on grounds that it unduly restricts the Sixth Amendment right to confrontation, the state’s interest in the rule must be balanced against the fundamental requirements of the constitution. Davis v Alaska, supra, People v Khan, 80 Mich App 605, 612; 264 NW2d 360 (1978).
Application of the balancing test in the case before us leads us to conclude that the prohibition against introducing evidence of convictions more than 10 years old contained in MRE 609(b) must yield to the Sixth Amendment right to confrontation so fundamental to our system of criminal justice. A primary reason for prohibiting impeachment by evidence of convictions more than 10 years old is to protect a defendant from prejudice arising from the notion that, if the jury knows defendant committed criminal acts in the past, the jury will conclude defendant is guilty of the offense for which he is being tried. However, this rationale does not apply in the instant case where the witness sought to be impeached is not the defendant but is a prosecution witness. The failure to permit the admission of evidence of the prior convictions of the prosecution witness Haynes actually prejudices the defendant.
A second reason for the 10-year limitation in MRE 609(b) is to "furnish protection for rehabilitated offenders from attacks on their credibility for youthful, or long-passed, felonious indiscretions”. People v Hollis, 96 Mich App 333, 339; 292 NW2d 538 (1980). However, as noted in Hollis, that rationale "does not apply to an eight-time offender whose convictions occur with regularity and extend over a 30-year period”. In the instant case, witness Haynes’ record includes 8 convictions extending over a 27-year period between 1940 and 1967. Thus, we find no compelling state interest in the case before us.
On the other hand, it is clear that defendant will be unable to adequately present her theory of defense without evidence of the prior convictions. It is defendant’s theory that Haynes was lying when he went to the police and implicated her. Given his past history of criminal activity, he undoubtedly feared a severe sentence. Because he was an 8-time loser and served time in prison as recently as 12 years ago, he had a motivation to lie. But in order to show the motivation, defendant must show the prior criminal record.
Accordingly, we answer the first question posed in this opinion in the affirmative. We hold that, on the facts in the instant case, defendant’s Sixth Amendment right to confrontation takes precedence over the 10-year limitation contained in MRE 609(b). Our conclusion in this regard is subject to two conditions. First, it is limited to impeachment of prosecution witnesses and does not extend to situations involving impeachment of a defendant. "[Cjonsiderations relating to the propriety of impeaching defendants and other wit nesses are not identical.” People v Hayes, 410 Mich 422, 426; 301 NW2d 828 (1981). Second, only constitutionally valid convictions more than 10 years old may be used. As this Court observed in People v Thomas Johnson, 94 Mich App 551, 557; 288 NW2d 456 (1980):
"Under Loper v Beto, 405 US 473; 92 S Ct 1014; 31 L Ed 2d 374 (1972), evidence of convictions obtained without counsel, in violation of Gideon v Wainwright, 372 US 335; 83 S Ct 792; 9 L Ed 2d 799; 93 ALR2d 733 (1963), is inadmissible for impeachment purposes.”
Having ruled that the Sixth Amendment right to confrontation takes precedence over MRE 609(b), we turn to the second question posed earlier in this opinion: May this Court so rule, or is it a matter which only the Supremé Court may act upon? Our decision herein is not to be considered as an amendment of, or a proposed change to, MRE 609(b). We are not changing the rule. Neither are we proposing that the rule should be made identical to FRE 609(b). We are simply opining that, having given judicial scrutiny to the factual situation before us, the rule must yield, in this instance, to defendant’s Sixth Amendment right of confrontation. MRE 609(b) is not protected from judicial scrutiny by this Court merely because it is a rule of evidence promulgated by the Supreme Court. The Supreme Court made that clear in its January 5, 1978, order implementing the proposed rule of evidence when it said:
"In adopting these rules, the Court should not be understood as foreclosing consideration of a challenge to the wisdom, validity, or meaning of a rule when a question is brought to the Court judicially or by a proposal for a change in a rule. [Citations omitted.] While these rules are binding on Michigan courts, the Court does not intend to preclude evidentiary objection in the trial court based on a challenge to the wisdom, validity or meaning of a rule and development of a separate record so as to properly present the challenge for review by this Court.” 402 Mich lxxxviii. (Emphasis supplied.)
In accordance with the above statement, our opinion herein brings to the Supreme Court’s attention the validity of the rule on the narrow facts presented in the instant case.
The trial court’s order of February 17, 1981, is reversed and the case is remanded to the trial court to allow evidence of the prosecution’s witness’s convictions upon the conditions set forth and permitted under FRE 609(b). Upon remand, defendant is not necessarily entitled to place Haynes’ entire record before the jury. Convictions more than 10 years old may be introduced only if the court finds that their probative value substantially outweighs their prejudicial effect.
Reversed and remanded for proceedings in accordance with this opinion.
M. J. Kelly, J., concurred.
The offenses for which defendant was convicted and the dates of conviction are: (1) larceny, December 27, 1940; (2) fraud by conversion, March 21, 1942; (3) larceny under $100, September 25, 1947; (4) obtaining merchandise by false representations, April 14, 1948; (5) forgery of records and other instruments, May 21, 1958; (6) uttering and publishing forged instruments, August 23, 1956; (7) violation of probation, May 12, 1960; and (8) forgery of records and other instruments, August 22, 1967. The parties stipulated that the last date of defendant’s confinement on any of the- above convictions was March 30, 1968.
"The Court: Don’t you think that the argument is rather powerful that the Supreme Court has established one set of Rules of Evidence for criminal defendants and another one for witnesses called by the people? Have they not exhibited some tendency to be more fair to the criminal defendant than they have to the prosecution? Are they not apt to try to ñnd a way in which they can strike down the 10-year limit that they themselves have set where it will protect a defendant and try to leave it where it will affect more importantly the rights of victims, for example?” (Emphasis added.) | [
51,
-3,
22,
-21,
42,
56,
-42,
33,
-48,
3,
23,
-67,
30,
-10,
2,
32,
57,
13,
54,
-73,
12,
-11,
-17,
7,
-9,
-4,
32,
23,
-19,
0,
-12,
5,
21,
-24,
-4,
-46,
45,
69,
-13,
29,
-22,
11,
-36,
10,
-49,
-20,
-15,
31,
18,
12,
20,
34,
-4,
20,
-6,
28,
41,
-7,
-7,
10,
9,
28,
-21,
-60,
-13,
-40,
20,
7,
-8,
-46,
4,
-33,
-13,
7,
6,
-25,
-31,
37,
27,
-15,
-12,
0,
17,
-13,
44,
5,
-17,
-5,
-20,
-11,
-18,
-53,
-23,
-21,
-19,
-48,
34,
-9,
71,
-12,
-52,
7,
-5,
-22,
8,
-10,
-42,
-15,
19,
-23,
36,
-11,
34,
8,
30,
-45,
-37,
11,
-33,
5,
30,
-21,
-8,
14,
21,
-10,
0,
-12,
14,
-42,
-17,
3,
40,
-5,
2,
5,
8,
11,
-16,
-34,
15,
-29,
22,
2,
5,
-19,
-13,
28,
24,
-28,
-56,
57,
0,
-12,
-17,
-39,
19,
-39,
-5,
38,
-4,
-13,
-43,
-53,
0,
-5,
-21,
-5,
50,
-14,
7,
-7,
29,
-8,
0,
-1,
-7,
51,
15,
-24,
-46,
6,
-5,
4,
-12,
-2,
-34,
7,
-6,
-52,
-10,
10,
45,
-9,
47,
-4,
-41,
37,
2,
23,
-5,
-52,
-8,
9,
35,
20,
26,
-11,
-39,
61,
-48,
-33,
18,
-69,
-8,
-28,
23,
-8,
21,
28,
15,
-45,
51,
4,
9,
14,
18,
6,
24,
28,
33,
12,
-11,
-16,
-13,
33,
9,
-34,
64,
36,
-27,
-66,
36,
-6,
35,
-29,
-9,
-29,
18,
0,
38,
1,
8,
10,
-92,
11,
9,
-32,
-60,
27,
-11,
51,
-44,
-33,
-29,
50,
28,
73,
2,
7,
15,
-29,
39,
66,
-23,
-3,
25,
-18,
0,
-33,
7,
26,
46,
4,
-56,
-23,
-52,
52,
19,
-3,
30,
-3,
-91,
29,
16,
32,
-11,
14,
4,
45,
30,
-8,
31,
-19,
16,
-97,
52,
-1,
15,
31,
35,
-5,
26,
20,
-16,
-17,
4,
-15,
20,
-33,
-17,
-14,
-11,
-32,
-53,
-32,
-4,
-17,
15,
-6,
0,
-14,
28,
-4,
12,
-23,
-21,
-47,
38,
48,
5,
-56,
-49,
-34,
11,
-3,
-5,
7,
-49,
-46,
59,
18,
25,
11,
6,
-14,
-9,
-7,
23,
-78,
-21,
0,
-14,
31,
19,
-38,
-25,
-52,
22,
16,
16,
-39,
-2,
15,
-17,
-2,
14,
-42,
32,
11,
-54,
32,
47,
-11,
-44,
0,
-23,
-18,
-39,
37,
3,
7,
-36,
-33,
-30,
2,
-19,
51,
11,
27,
6,
37,
22,
-8,
-24,
-11,
-8,
29,
55,
14,
11,
72,
-9,
35,
-36,
-37,
-5,
-25,
6,
13,
10,
10,
-2,
-12,
57,
-3,
-47,
39,
27,
-5,
15,
-42,
32,
-37,
15,
22,
-33,
-39,
-4,
4,
-16,
-2,
-14,
-8,
-1,
24,
-9,
-43,
-21,
10,
-28,
19,
-30,
-68,
-31,
46,
52,
-10,
-7,
-28,
28,
-54,
-36,
18,
35,
-7,
-45,
-55,
13,
11,
56,
-8,
-13,
3,
-61,
1,
51,
16,
18,
-12,
31,
31,
-43,
3,
-4,
-35,
-48,
-67,
16,
-36,
-26,
-15,
-36,
41,
-8,
59,
-3,
-22,
-8,
32,
-27,
24,
2,
16,
4,
15,
21,
-56,
2,
41,
0,
20,
-1,
33,
-30,
-94,
21,
-52,
-4,
24,
50,
-69,
20,
6,
-27,
-3,
-1,
-25,
-43,
-41,
59,
0,
6,
-29,
62,
21,
-4,
22,
-6,
-7,
16,
43,
31,
12,
-5,
-30,
-23,
-77,
8,
-3,
45,
1,
-4,
-40,
-53,
-13,
33,
-1,
-26,
-13,
-1,
-17,
62,
20,
9,
17,
-9,
-31,
55,
-31,
55,
33,
25,
-14,
0,
67,
32,
51,
0,
34,
-7,
42,
15,
16,
-18,
-12,
-4,
18,
1,
-32,
-17,
-13,
-28,
7,
-1,
-22,
-58,
-24,
4,
16,
59,
-41,
-35,
55,
62,
-18,
25,
-30,
-4,
-26,
74,
-7,
-66,
-14,
-14,
53,
-45,
-22,
-34,
29,
-27,
-10,
37,
-24,
32,
27,
-22,
-29,
3,
-19,
-73,
-5,
-69,
-24,
-35,
-57,
-3,
-14,
3,
-76,
0,
4,
21,
-2,
45,
10,
26,
-19,
10,
-17,
15,
22,
-8,
-34,
24,
-22,
23,
29,
16,
5,
0,
-22,
-44,
-7,
-24,
42,
33,
-35,
10,
-30,
18,
12,
37,
-1,
-2,
21,
-36,
-28,
48,
-30,
-22,
-33,
-16,
33,
-1,
-61,
-62,
12,
-5,
43,
30,
28,
-1,
24,
26,
-24,
36,
-15,
2,
-2,
-6,
-19,
28,
43,
-9,
3,
23,
-48,
32,
11,
-58,
60,
5,
-8,
34,
-23,
-61,
-41,
-5,
17,
-27,
-15,
12,
-21,
6,
7,
29,
44,
19,
-17,
44,
-44,
-32,
-10,
37,
14,
20,
47,
-7,
43,
11,
-22,
-15,
-51,
-31,
-21,
20,
-40,
27,
40,
41,
40,
43,
24,
-69,
85,
49,
-50,
-32,
-40,
26,
38,
-3,
-16,
5,
-54,
0,
-8,
61,
-3,
-40,
-25,
-1,
30,
-23,
51,
-30,
21,
46,
-52,
28,
-27,
-61,
-10,
30,
-9,
-5,
21,
-27,
-16,
7,
17,
-32,
47,
10,
-9,
19,
-41,
8,
33,
12,
-29,
10,
-50,
9,
17,
13,
-13,
-15,
3,
45,
20,
-56,
-19,
-5,
26,
-5,
-41,
47,
-52,
-20,
21,
-9,
-30,
-34,
32,
9,
-34,
18,
0,
17,
3,
7,
21,
11,
-39,
-18,
39,
-2,
24,
22,
22,
-9,
28,
-5,
-3,
19,
-11,
-13,
-13,
35,
47,
-35,
-1,
-30,
3,
14,
-3,
29,
1,
13,
47,
-11,
-35,
0,
-9,
0,
-20,
38,
33,
-9,
5,
60,
12,
-21,
28,
-6,
69,
-27,
-5,
-12,
44,
35,
22,
33,
-41,
34,
-33,
-3,
0,
32,
32,
1,
-10,
-69,
9,
41,
-2,
9,
25,
12,
-23,
0,
0,
45,
-5,
-4,
12,
-40,
-16,
-24,
-3,
18,
-1,
26,
-4,
-29,
1,
68,
-44,
42,
68,
8,
-14,
-12,
-46,
35,
-56,
-56,
6,
1,
21,
-56,
-45,
37,
-3,
43,
-52,
1,
-30,
-11,
-10,
-57,
20,
-52,
26,
-67,
33,
-49,
-1,
-66,
-28,
-35,
14,
-3,
29,
7,
-10,
17,
6,
27,
25,
-2,
-38,
31,
-11,
-55,
6,
-12,
97,
11,
-8,
-26,
-38,
11,
-19,
16,
7,
-31,
-16,
-78,
-3,
-31,
30,
57,
-62,
75,
49,
-6,
-12,
16,
29,
4,
29,
-23,
57,
-15,
-11,
8,
2,
34,
22,
-21,
12,
0,
8,
-31,
24,
6,
4,
0,
-43,
17,
-16,
-53,
1,
12,
-41,
-5,
8,
-12,
39,
-11,
15
] |
J. H. Gillis, P.J.
Defendants appeal by right from their jury convictions in Detroit Recorder’s Court on December 20, 1975.
Defendants Robert Mitchell, Richard Herold, Rudy Davis, Morris Bivins, Erskine Haslip, Guido Iaconnelli, Harold Turner and Harold Davis were charged in a two-count indictment.
The first count charged all but Haslip with conspiracy to sell, manufacture, deliver, or possess with intent to deliver narcotic drugs to one another and various other persons pursuant to MCL 750.157a; MSA 28.354(1), 1952 PA 266, § 2 (relating to illegitimate traffic in drugs), and 1971 PA 196 (the Controlled Substances Act of 1971, which superseded 1952 PA 266 during the course of the alleged conspiracy and which was repealed by 1978 PA 368).
The second count charged all of the above-named defendants except Guido Iaconnelli and Harold Davis with conspiracy to obstruct justice by. wilfully and unlawfully bribing, assaulting, kidnapping, attempting to murder, murdering, dissuading and hindering the arrest of persons for narcotics violations, and various other crimes pursuant to MCL 750.157a; MSA 28.354(1), MCL 750.505; MSA 28.773, 1952 PA 266, § 2, and 1971 PA 196.
In addition to the above-named defendants, eight others were named as codefendants. Robert Neely, Willie Peeples, Charlie Brown, Carlos Gonzales, and Richard Kendricks were charged in Count I, and codefendants William Stackhouse, Daniel O’Mara, Willie Peeples, Charlie Brown, David Slater, Carlos Gonzales and Richard Kendricks were charged in Count II.
In Count I, the following persons were named as coconspirators but not as defendants: Erskine Has-lip, James Moody, Chester Campbell, George Hall, George Dudley, Ward Washington, Herbert Pittman, and George Reed. In Count II, the following persons were named as coconspirators but not as defendants: George Dudley, Milton Battle, Wiley Reed, Roy McNeal, Haywood LeRoy Sampson, Olivia Sampson, Peaches Miles, Larry McNeal, Anna Marie McNeal, Alice Bailey, Chester Lee McNeal, and Harold Jackson.
The conspiracies were alleged to have taken place, over a five-year period from January 1, 1968, to January 1, 1973, and were alleged to have taken place in Detroit and at various specific addresses in Farmington, Michigan, and in the cities of New York, Chicago, Illinois; Minneapolis, Minnesota; Nashville, Tennessee; Birmingham, Alabama; Miami, Florida; Philadelphia, Pennsylvania; Windsor, Ontario, Canada, and various other locations.
In anticipation of a trial that would last several months, a jury of 20 persons was sworn on June 30, 1975, and the trial proceeded. All of the above-named defendants were tried jointly by the jury except defendant Kendricks, who was tried in the same proceeding in a nonjury trial.
On December 20, 1975, the jury returned verdicts as to those defendants who are the subjects of this consolidated appeal as follows: Robert Mitchell, guilty on both counts; Richard Herold, not guilty on Count I, but guilty on Count II; Rudy Davis, not guilty on Count I, but guilty on Count II; Morris Bivins, guilty on Count I (Count II was dismissed by the trial court at the close of the prosecution’s case by grant of Bivins’ motion for directed verdict); Erskine Haslip, guilty on Count II (not charged on Count I); Guido Iaconnelli, guilty on Count I (not charged on Count II); Harold Turner, guilty on Count I, but not guilty on Count II; Harold Davis, guilty on Count I (not charged on Count II). The other defendants were acquitted.
The trial judge imposed the following sentences: Rudy Davis, from 3 years and 4 months to 5 years in prison plus a $10,000 fine; Robert Mitchell, from 13 years and 4 months to 20 years plus a $10,000 fine on Count I and from 3 years and 4 months to 5 years plus a $10,000 fine on Count II; Richard Herold, from 3 years and 4 months to 5 years plus a $10,000 fine; Morris Bivins, from 13 years and 4 months to 20 years plus a $5,000 fine and $10,000 costs; Erskine Haslip, from 2 to 5 years plus a fine of $2,500 and costs of $5,000; Guido Iaconnelli, from 13 years and 4 months to 20 years in prison plus a $5,000 fine and $10,000 in court costs; Harold Turner, from 8 to 20 years in prison plus $10,000 in court costs; Harold Davis, from 10 to 20 years in prison plus a $5,000 fine and costs to be determined.
Defendants appeal as of right.
It was the people’s theory of the case that under Count I, the civilian defendants (as opposed to those defendants who were police officers) con spired to traffic in narcotics, participating in the conspiracy as dealers, deliverers, operators of narcotics establishments, and operators of legitimate businesses, using their businesses to pass through money made in the narcotics business and various other items, while those defendants who were police officers counselled, aided, arid planned the setting up of narcotics establishments, aided the civilian traffickers by tipping them off when raids were to take place (in return for money), by working with those traffickers to raid rival narcotics operators to secure money and narcotics and subsequently recycling the narcotics so obtained through friendly operators, and by taking money to allow friendly operators to remain unmolested while raiding their competition. The people theorized that favored drug operations in Detroit’s 10th precinct operated under ground rules set by the corrupt police, such as not to sell to children and only to operate during certain hours.
The people’s theory under Count II was that the defendants conspired to obstruct justice through the commission of numerous crimes in support of the conspiracy to traffic in narcotics, as alleged in Count i.
The people further alleged that the object of the conspiracies was to share in the "huge profits” derived from the narcotics business within Detroit’s 10th precinct.
It was the theory of the defendant police officers (including appellants Rudy Davis, Robert Mitchell, and Richard Herold) that they were scapegoats and victims of a scheme by the prosecution and high-level police officials who sought to indict and convict the defendants because of political ambition and in order to show success against the extensive illegal drug trafficking in Detroit. It was the defendant police officers’ contention that they in fact were operating in the course of their duties during the alleged conspiracy and that the case against them was fabricated by the prosecution and officials in the police department.
It was the theory of defendants Bivins, Haslip, and Turner that the testimony against them was fabricated and that the witnesses against them were inherently unreliable. Defendant Iaconnelli contended that he had never participated in the narcotics business and was not involved in any illegal activity. He admitted to having met Milton Battle, and that he knew him socially, but claimed that he was never aware of Battle’s illegal activity.
The indictment was amended during the course of the trial, and the amended indictment was read as part of the jury charge after the close of proofs. Willie Peeples, Carlos Gonzales, and Charlie Brown were dropped from Count I of the indictment, and.a total of 27 persons were named as unindicted coconspirators in Count I. The dates of the conspiracy charged in Count I were amended to cover a period of from November 1, 1969, to January 1, 1973, and Windsor, Ontario, was dropped as an alleged location of the Count I conspiracy. Morris Bivins and Richard Kendricks were dropped from Count II of the indictment. The dates of the conspiracy alleged in Count II were amended to cover a period of from January 1, 1970, to January 1, 1973, and the location of the Count II conspiracy was ultimately limited to the City of Detroit.
I
On appeal, all defendants claim that they are entitled to a new trial because the prosecution engaged in a deliberate course of misconduct de signed to convict them regardless of their guilt. The prosecution responds to this claim by alleging that defendants, knowing that they were guilty, had no other viable defense and so attempted to "build” a case of prosecutorial misconduct into the trial by raising as many objections as possible on that ground, even though such objections were meritless.
This issue, in the context of a lengthy trial, presents a difficult task for the appellate reviewer, but we have examined the alleged misconduct carefully. Most of the alleged misconduct was not improper when viewed in context, with proper regard for the circumstances. Some conduct which may be suspect is not shown conclusively to be improper, and other alleged improper conduct is not serious enough to warrant the conclusion that the defendants were denied a fair trial, except for the claim of defendant Richard Herold that his Sixth Amendment right to counsel was invaded impermissibly.
(1) Anthony Lopez was a police officer who was named as a defendant in the original indictment. The case against him was dismissed in exchange for his testimony under a grant of immunity. Lopez was represented by the same counsel as defendant Herold during the preliminary examination in the instant case.
While there is no evidence in the record to show that trial strategy actually was communicated to the prosecution by Lopez, the record reveals that Lopez was questioned regarding such matters prior to becoming a prosecution witness.
Defendants now claim that the prosecution’s successful effort to lure a witness from among the defendants is an impermissible invasion of defendants’ Sixth Amendment right to counsel, relying chiefly on the case of United States v Morrison, 602 F2d 529 (CA 3, 1979). The people counter by asserting the correctness of the trial court’s ruling on the subject and by further asserting that Lopez is the only one with standing to complain of the alleged intrusion.
The instant case is unusual because multiple defendants are involved, and neither party’s cited authority is precisely applicable. The prosecution apparently succeeded in doing indirectly what it was forbidden to do directly. If Lopez had been an undercover "plant”, spying on the defense, Morrison and Weatherford v Bursey, 429 US 545; 97 S Ct 837; 51 L Ed 2d 30 (1977), would mandate reversal.
Those cases deal with two different "invasions” of the attorney-client relationship: one where an undercover agent attended an attorney-client meeting as a codefendant, and the other where two drug enforcement agents visited a defendant without counsel’s permission and attempted to persuade her to work with them as an informer and to retain a public defender instead of her then-current attorney.
The people’s argument and the trial court’s ruling are stated as if the deliberate planting of a spy among the defense is the only possible Sixth Amendment violation which would arise from the instant facts. Morrison shows this to be untrue.
Although the facts in the cited cases are different from those of the instant case, there are principles which the defense urges were violated. The gist of the defendants’ contention is that the prosecution made a deliberate effort to uncover trial strategy, thus intruding on the attorney-client relationship.
The fact that the investigators in the instant case expressed interest in notes taken by Lopez while he was still a codefendant and that they later questioned him about trial strategy shows that their motive was improper. See Morrison, supra. The difference which the trial court found dispositive is in the nature of the "intrusion”. The people and the court seemed to conclude that there was no intrusion at all, since Lopez acted independently on his own behalf in gathering information while a codefendant.
There is nothing wrong with an effort to obtain the testimony of a codefendant against his accomplices by the offer of immunity, which is a common practice. In the instant case, however, the timing of the prosecution’s efforts to induce Lopez to testify and the improper motive behind those efforts justifies the finding of an intrusion into the attorney-client relationship of Lopez’s codefendants (particularly those who were also represented by Mr. Lippitt, Lopez’s attorney).
Weatherford acknowledges that such intrusions are not per se error requiring reversal. In deciding whether to reverse, factors to be considered are whether the intrusion results in the admission of tainted evidence, whether there was a communication of trial strategy to the prosecution, and whether the intrusion was deliberate. Although the record does not show that any trial strategy was communicated (testimony showed that Lopez was asked about trial strategy but did not show how he responded), Lopez testified to incriminating conversations which he had with his codefendants during the preliminary examination and during a conference with their attorney. The combination of improper motive and the introduction of conversation "tainted” by being obtained by reason of the intrusion calls for reversal, at least as to defendant Herold, who was represented by the same attorney as Lopez.
(2) Defendants allege that the prosecution deliberately concealed the fact that a key prosecution witness was still using narcotics at thé time she testified, although she claimed to have quit using drugs some six months earlier. Contrary to defendants’ contention, the record does not show that the prosecution was aware of the fact. It appears that the prosecution cooperated in uncovering the information, and the information was dramatically put before the jury outside of the normal order of presentation of testimony to the benefit of defendants.
(3) Certain improper comments were made by the prosecution during the course of the trial, but we find them not to be so serious as to mandate reversal.
During opening argument, the prosecution told the jury that the evidence would show that Lieutenant George Bennett was chosen by Police Commissioner Nichols to head the investigation which led to the charges in the instant case. The prosecution told the jury that Bennett was selected because Commissioner Nichols felt that Bennett could "investigate thoroughly, honestly, with integrity”.
The defense contends that by this remark the prosecution improperly vouched for the credibility of Bennett.
The people concede, perhaps too easily, that this remark was improper, but claim that since the defense failed to object and since the potential prejudice could have been cured by instruction, the error is waived and further that, since the defense improperly attacked the credibility of the witness, no prejudice could have resulted.
The allegedly improper statement was literally a remark that when Bennett was chosen to head the investigation the commissioner thought that Bennett was trustworthy enough to handle the task. Although the statement carries the unmistakable innuendo that the prosecution believed the witness to be highly credible, the statement is not the type of blatant comment on the guilt of a defendant that is condemned in People v Erb, 48 Mich App 622, 631-633; 211 NW2d 51 (1973), cited by the defense on this issue. Still, the remark is such as to be improper under that case, which holds that it is error for a prosecutor to attempt to place the prestige of his office or that of the police behind the contention that a defendant is guilty.
Erb holds it improper for a prosecutor to vouch for the credibility of a witness and notes that factors to be considered in determining the impropriety of comments are the prominence of the office held by the prosecutor and the subsequent weight of statements made by him.
In the instant case, the prominence of the office is doubly significant because the remark was made by the prosecuting attorney, but its substance was attributed to the police commissioner. On the other hand, the weight of the statement is relatively slight, in contrast to the remark in Erb where the prosecutor told the jury that he would never present a witness who would testify under oath to a falsity of any kind.
Under Erb, the remark here complained of, while improper, was not so serious as to mandate reversal of itself. Furthermore, we consider its impact on the trial as a whole to be slight due to the length and complexity of the trial. While the remark was deliberate, it is not the type of statement which seems "calculated to deny defendants a fair trial”.
During closing argument, the prosecutor remarked:
"Once a defendant takes the stand, as the court has already said, he does not have to. And if he doesn’t, I cannot comment upon it. But, if he does take the stand, he is like any other witness.”
Defendants claim that this is another example of the prosecution’s deliberate attempts to prejudice the jury. The people claim that the defense failed to object to the remark and that an adequate curative instruction was given.
A comment by a prosecutor on a defendant’s failure to take the stand is error because it infringes on a defendant’s right to remain silent. People v Balog, 56 Mich App 624; 224 NW2d 725 (1974), MCL 600.2159; MSA 27A.2159. This Court held in Balog that a remark similar in character to the one in the instant case was curable by instruction and thus did not constitute error requiring reversal. In Balog, the prosecutor said that he did not mean to give the impression that the defendants had to testify and further told the jury at least twice that the defendants did not have to testify. Balog purports to distinguish other cases involving the same problem because the remark made there was not "the kind that clearly and irreparably undermine the defendants’ rights * * Id., 629.
The prosecutor’s remark that he could make no comment on defendants’ failure to take the stand was, in itself, an impermissible comment. However, it is perhaps the most innocuous type of reference possible, and, under Balog, it is not grounds for reversal.
(4) There is no merit to defendant Herold’s claim that he was denied a fair trial by improper "smear” tactics on cross-examination. The allegedly improper subject matter was originally introduced by defendant Herold. The questions, for the most part, were not objected to during trial, and adequate curative instructions were given when necessary.
Where subject matter is introduced by a defendant in his direct testimony, further inquiry is proper on cross-examination. People v Thomas Jones, 73 Mich App 107; 251 NW2d 264 (1976).
(5) Defendants allege numerous other instances of prosecutorial misconduct which we find either not to be supported by the record or not to have been serious enough to have significantly prejudiced the defendants. We find it inappropriate to deal with all of the allegations in detail, but we note that evidence of the allegedly unjustified cash payments by police to prosecution witnesses was put before the jury. See United States v Shelton, 588 F2d 1242 (CA 9, 1978).
(6) In summary of our disposition of the question of prosecutorial misconduct, we find that defendant Herold is entitled to a new trial because the prosecution effectively violated his Sixth Amendment right to counsel by questioning a codefendant (who at one point shared the same attorney with defendant Herold) regarding defense strategy. While there was no error in presenting the codefendant as a witness for the prosecution once he had pled guilty and agreed to testify, a prosecution witness admitted questioning the codefendant concerning defense strategy. By analogy to the cases of Morrison and Weatherford, such an intrusion should not be allowed.
None of the other defendants are entitled to reversal on grounds of prosecutorial misconduct. As a matter of policy, we think that the invasion of Herold’s right to counsel should not be held to extend to the other defendants. The invasion of Herold’s right is direct, while invasion of the others’ rights to counsel rests to some extent on an inference that strategy was communicated among other defendants who were not represented by the same attorney. Such circumstance might be viewed as lessening the expectation of privacy.
While a number of the other allegedly improper incidents could support a finding of some deliberate prosecutorial misconduct, little if any prejudice has been shown to have resulted. None of the examples of alleged misconduct are as blatant and serious as the errors which prior case law finds to be necessary to constitute the denial of a fair trial. See Berger v United States, 295 US 78; 55 S Ct 629; 79 L Ed 1314 (1935), and People v Brocato, 17 Mich App 277; 169 NW2d 483 (1969).
Case law views prosecutorial misconduct as a ground for finding that a defendant was denied a fair trial only where such misconduct rises to the level of a deliberate and concerted effort to prevent the defendant from receiving a fair trial. Defendants cite Brocato, where the prosecutor made knowing, improper reference to such forbidden topics as polygraph tests and guilty pleas by others arrested in connection with the crime. The Court in Brocato, found that the prosecutor flagrantly violated the rulings of the lower court, improperly argued with and embarrased witnesses, testified in the guise of cross-examination, and introduced and referred to hearsay testimony. The abuses demonstrated in the instant case (as opposed to those alleged) do not rise to a level of misconduct which would deny defendants their right to a fair trial.
The instant case is more comparable to People v Missouri, 100 Mich App 310, 325-330; 299 NW2d 346 (1980). This Court, in Missouri, found that various claims of error on the part of the prosecution did not, either singly or in combination, deny the defendants a fair trial. The same is true in the case at bar.
Regarding the cumulative effect of individual errors, we find any such effect not to be serious enough to mandate a new trial.
The trial in the instant case was "hotly contested”, even more so than most criminal cases. This is because the main thrust of the defense was in part a contention that the prosecution itself deliberately and knowingly was attempting to "frame” the defendants in furtherance of political ambitions. People v Allen, 351 Mich 535; 88 NW2d 433 (1958), deals with a situation where "intemperate” remarks by the prosecution were found excusable in light of the defense arguments inpugning the honesty of the prosecution and its witnesses. The same rationale applies in the instant case in relation to a number of allegedly improper questions and remarks made by the prosecution. Perhaps the most serious remarks along these lines are the prosecution’s mention during closing argument that it could not comment on the fact that certain defendants decided not to testify and a series of remarks on the subject of the cost of the trial in terms of the cost to society of the crimes committed and their aftermath.
Considering the length and complexity of this trial and the antagonism which inevitably arose between the defense and the prosecution, we do not find that defendants were denied a fair trial by deliberate prosecutorial misconduct.
II
Defendants claim that the trial court erred in its treatment of witness Milton Battle in several respects, but we find no error arising from the rulings complained of.
(1) The defendants claim that the trial court erred in ruling that Milton Battle could be indorsed as a prosecution witness.
Milton Battle was a central figure in the alleged conspiracies. He was originally a defendant, but he pled guilty on the 20th day of trial and was indorsed as a witness for the prosecution. As a result of this, the trial court granted a defense motion to dismiss the jury and grant a continuance to avoid any prejudice to the defense. The defense is unclear as to whether it specifically appeals the trial court’s ruling indorsing Battle, but People v Meadows, 80 Mich App 680, 690; 263 NW2d 903 (1977), authorizes the late indorsement of witnesses where a continuance is granted which obviates any prejudice arising from surprise or lack of time to prepare for cross-examination.
(2) The defendants claim that the trial court erred in ruling that Milton Battle could be dropped as a prosecution witness.
During the presentation of its case in chief, the prosecution moved to strike Milton Battle as a witness. All defense attorneys agreed to waive the prosecution’s production of Milton Battle except counsel for defendants Rudy Davis and Turner.
The trial court granted the prosecution’s motion to strike Battle as a witness, noting that Battle was an accomplice and therefore not required to be indorsed as a res gestae witness and also noting that he was available for the defense either to call as a witness or question, thus obviating any undue prejudice which would derive from the prosecution’s failure to produce him. The trial court acknowledged its awareness that the defense had taken a posture which would be prejudiced in subtle ways by the prosecution’s failure to call Battle but that such prejudice was not serious and that the proper decision was to grant the motion.
The trial court’s ruling was correct, and defendants were not unduly prejudiced thereby. The prosecution is not obligated to present an accomplice as a res gestae witness. People v White, 401 Mich 482; 257 NW2d 912 (1977).
Defendants rely on People v Mitchell, 48 Mich App 361; 210 NW2d 509 (1973), lv den 391 Mich 752 (1973), People v McPherson, 84 Mich App 81; 269 NW2d 313 (1978), and People v Lummis, 260 Mich 170, 173; 244 NW 438 (1932), in claiming that error requiring reversal occurred as a result of the ruling in question.
A reading of Mitchell reveals that the substantive basis for reversal in that case was the failure of the prosecutor to have the witness in question available. In McPherson, the trial court properly excused the production of an indorsed witness where the prosecution acted with due diligence in attempting to produce the witness. Language in Lummis recommends the procedure of having the prosecution call a voluntarily indorsed witness to the stand in performance of its duty to make the witness available, but the issue dealt with in that case was whether the defendant could cross-examine a witness indorsed but not called by the prosecution. Lummis, supra, 173, indicates that the prosecution’s obligation is to have the witness in court and available for examination but that there is no obligation that he be called as a prosecution witness. By moving to strike Battle as an indorsed witness, and yet keeping him available to the defense, the prosecution arrived at the same substantive position that the Supreme Court required in Lummis. There, it was held that the prosecution could call and offer the witness for cross-examination but that the witness then became a defense witness (where the prosecution offered no direct examination). Id.
In People v Bedford, 78 Mich App 696; 260 NW2d 864 (1977), the prosecution was allowed to strike an indorsed witness who was an accomplice. The witness was struck after the commencement of trial, and this Court held that the defendants there could no longer rely on the prosecution to produce the witness. Bedford presents a more com pelling case for defendants than the one at bar, but there no error occurred which required reversal.
Finally, only defendants Rudy Davis and Harold Turner opposed the motion to strike. Defendant Rudy Davis actually called Battle as a witness, removing any possibility of prejudice as to Davis. All other defendants except Turner affirmatively waived the production of Battle as a prosecution witness. Turner himself could have called Battle as a witness or interviewed him to obtain information. Thus, there is no ground for reversal on the narrow issue of whether it was proper to grant the prosecution’s motion to strike.
(3) The defendants claim that the trial court erred in denying their motions for severance (which motions were based on the alleged existence of antagonistic defenses).
Defendant Rudy Davis decided to call Milton Battle as a witness on his behalf after the prosecution’s motion to strike was granted. Davis and all other defendants then moved for a severance based on the proposition that, by calling Battle, the defense of Rudy Davis became antagonistic to that of the others. The trial court denied these motions.
Where multiple defendants are charged jointly with an offense, they may be tried jointly or separately in the discretion of the trial court. People v Hurst, 396 Mich 1; 238 NW2d 6 (1976). The trial court’s decision will be upheld absent an abuse of discretion, People v Billingslea, 70 Mich App 371; 246 NW2d 4 (1976), which requires an affirmative showing of prejudice to substantial rights of the accused. People v Carroll, 396 Mich 408; 240 NW2d 722 (1976).
The classic ground for requiring severance is the case of antagonistic defenses, wherein of two codefendants each claims himself to be innocent by reason of the fact that the other is the guilty party. Hurst, supra.
The people note correctly that defendants cite no case of antagonistic defenses based on the testimony of one defendant’s witness (as opposed to the defendant himself) implicating the other. The people reasonably concede, however, that such a situation falls within the principles of Hurst and the other antagonistic defenses cases.
Defendants’ claim fails, however, on two points. First, this is not a case where the defenses are inconsistent, and therefore the defenses are not "antagonistic”. See Carroll, supra. Although it is true that defendant Rudy Davis presented a witness whose testimony was exculpatory to him but inculpatory to others, the inculpatory portion of his testimony was not a part of Rudy Davis’s defense. Second, it is apparent that if a severance had been granted the prosecution would have called Battle as a witness in the cases against all defendants except Rudy Davis, who would have called Battle as a witness on his own behalf, and thus the testimony against each party would be substantially the same. See People v Scott, 61 Mich App 91; 232 NW2d 315 (1975).
Under the circumstances, therefore, the trial court did not abuse its discretion.
(4) The defendants claim that the trial court erred in its control of the cross-examination of witness Milton Battle.
There is no merit to defendants’ claim that the trial court erred in refusing to restrict the scope of Battle’s cross-examination to matters brought out on direct examination and by allowing the prosecution to alternatively lead and impeach the witness.
MRE 611 now governs the scope of cross-examination and the use of leading questions and is consistent with prior law, applicable at the time of trial. MCL 768.29; MSA 28.1052. It provides the trial court with discretion to control the presentation of evidence in order to ascertain the truth, avoid waste of time, and protect witnesses from undue embarrassment. It further provides that a witness may be cross-examined on any matter relevant to the case. MRE 611(b). See Moore v Lederle Laboratories, 392 Mich 289, 294; 220 NW2d 400 (1974).
It further allows the use of leading questions as necessary to develop the testimony of witnesses. MRE 611(c), MCL 768.24; MSA 28.1047, People v Hunt, 30 Mich App 94; 186 NW2d 34 (1971).
There is, therefore, specific authority for each of the actions which defendants claim constitute error on the part of the trial court in its treatment of Battle’s testimony which requires reversal. Applying the rule to the unusual circumstances of the instant case reveals that the trial court did not abuse its discretion but in fact used that discretion flexibly to permit the ascertainment of the truth.
If the scope of Battle’s cross-examination had been limited to his direct testimony, the prosecution would have been prevented from presenting all of the facts which were, in its view, relevant to the transactions involved in the case. While it is true that the unrestricted cross-examination allowed the prosecution, in effect, to strengthen its case in chief during the presentation of the defense, such a procedural problem is not serious enough to mandate suppression of relevant evidence in a complex trial such as in this case. People v McCrea, 303 Mich 213, 249; 6 NW2d 489 (1942).
The trial court’s solution to the problem of how to allow questioning of the witness (who was at times hostile to the prosecution) was that leading questions would be allowed but that the defense could object to "overly leading” questions. This represented a fair balance of the rights of the parties, given the conflicting position of the witness in relation to various defendants, and we do not consider it to have been an abuse of discretion.
In summary, the trial court prevented any prejudice resulting from allowing the late indorsement of Milton Battle as a witness by granting a continuance. The defense was not significantly prejudiced by the fact that the prosecution was later allowed to strike Battle as a witness, since he was available to all parties for questioning or to present as a witness. Antagonistic defenses were not created by the fact that Battle testified for one defendant and against other defendants because his testimony against the others was not necessary to the defense of Rudy Davis. The trial court properly exercised its discretion in controlling the testimony of witness Battle in order to ascertain fairly the truth as authorized by MRE 611. Defen dants’ convictions should not be reversed on the basis of the trial court’s rulings regarding the testimony and status of witness Milton Battle.
Ill
(1) Rudy Davis contends that the evidence against him is de minimis.
Defendant Rudy Davis claims that the direct evidence against him was insignificant when compared with similar-acts evidence and other evidence improperly admitted against him. The people do not respond directly to this contention other than to claim that the similar-acts and other evidence was properly admitted.
As to the testimony of Wiley Reed that he made two payoffs for Milton Battle to defendant Rudy Davis and picked up an $800 ring for Battle to give to Rudy Davis, defendant Rudy Davis claims that it was "contradicted by a considerable body of other evidence in the case, including Milton Battle’s testimony repudiating his entire story concerning these alleged payoffs”. Regardless of evidence to the contrary, Reed’s testimony implicates Rudy Davis, and its weight and credibility was for the jury to determine. People v Way, 303 Mich 303, 306; 6 NW2d 523 (1942), People v Smalls, 61 Mich App 53; 232 NW2d 298 (1975).
Narcotics dealer Alabama Red (Roy McNeal) testified that he had an arrangement with defendants Mitchell and Rudy Davis whereby he received from them 50% of all narcotics and money confiscated in raids on other narcotics dealers set up by McNeal. While it is true that much of Roy McNeal’s testimony at the preliminary examina tion and during trial was discredited on cross-examination, the defense brief is incorrect in implying that McNeal repudiated his testimony as to the deal with Rudy Davis. While McNeal admitted that he was never actually handed money or narcotics by Rudy Davis in person, Rudy Davis did accompany defendant Mitchell once when Mitchell made such a delivery, and McNeal never retracted his contention that a deal had been made. It was for the jury to pass on the weight and credibility of the testimony. Id.
Likewise, the validity of the incriminating testimony of Alice Bailey James, minor as it was, was for the jury to weigh (she testified to part of a conversation between Rudy Davis and deceased coconspirator George Dudley, also known as Texas Slim).
Conspiracy is by its nature a difficult crime to prove, and, if the other evidence was properly admitted, it should make no difference that there was more of it, by "volume”, than the direct evidence of participation in the charged conspiracies.
It may be indicative of the jury’s proper treatment of the similar-acts testimony and the lack of prejudice to defendant Rudy Davis that in fact he was acquitted of conspiracy to deliver narcotics and convicted only of conspiracy to obstruct justice, although contrary interpretations of this result are plausible.
(2) Rudy Davis also challenges the propriety of the admission of evidence of similar acts.
Prosecution witness Carolyn Boyd testified that she and Harold Chapman made $100,000 from narcotics supplied to them by defendant Rudy Davis during 1971, the first year in which he supplied them. Chapman also testified that Rudy Davis supplied him with narcotics, describing his arrangement with Rudy Davis whereby Rudy Davis supplied him with narcotics which he sold on a regular basis, giving Rudy Davis half of the profit. Rudy Davis contended in response to this that Chapman merely worked for him as an informer.
Defendant Rudy Davis objected to the admission of the testimony of these witnesses because they were not conconspirators and the testimony was highly prejudicial and dealt with misconduct not charged in the indictment. Other defendants interposed objections, but no prejudice to them resulted because the witnesses did not refer to the other defendants, and cautionary instructions were given to the effect that their testimony was only to be used against defendant Rudy Davis.
The evidence first was admitted by the trial court as probative of guilt on both counts in the indictment. The court later instructed the jury that this testimony was not evidence of direct participation in the charged conspiracy but was evidence of similar acts admitted for the limited purpose of showing that defendant Rudy Davis acted purposefully and that it showed that his actions were the result of a characteristic scheme, plan, or system and would tend to show his intent to enter into the illegal agreement charged in the indictment.
As the parties agree, this evidence was admissible only under the similar-acts statute in effect at the time of trial, MCL 768.27; MSA 28.1050, now embodied in MRE 404(b). People v Major, 407 Mich 394; 285 NW2d 660 (1979).
In McCrea, supra, 250, the defendant made a similar claim, contending that it was improper to admit evidence showing a separate and distinct offense from that of the charged conspiracy. There, as in the instant case, the testimony concerned transactions between the defendant and individuals who were not codefendants or alleged coconspirators. The trial court in McCrea admitted the evidence as having a bearing on the defendant’s intent and as being probative of a general plan or scheme.
We find that McCrea controls the issue in the instant case. The evidence of the Chapman conspiracy was properly admitted, and the jury was properly instructed as to its use.
Defendant Rudy Davis complains of the admission of various other evidence, but a careful review of the record reveals that no error requiring reversal occurred.
IV
Defendant police officer Robert Mitchell claims that he is entitled to a new trial because of an erroneous jury instruction which deprived him of a defense to much of the evidence presented against him. We disagree.
The trial court instructed the jury that "[a] police officer is not licensed by his employment to give narcotics to any person for human consumption. To do so is, itself, illegal”.
Defendant Mitchell contends that this instruc tion is erroneous because of the statutory exemption embodied in MCL 335.356(3); MSA 18.1070(56X3), which provides:
"No liability is imposed by this act upon any authorized state, county or local officer engaged in the lawful performance of his duties.”
Defendant Mitchell’s claim rests on the premise that his delivery of narcotics to informants in exchange for information was done in the lawful performance of his duties (defendant admitted making such deliveries). Evidence was introduced during trial which showed that the practice in question was not officially authorized, and, therefore, we do not consider the activity to be exempted from liability by the statute. We note also that evidence was presented, pro and con, as to whether the practice was commonly followed in spite of the lack of official sanction. The trial court instructed the jury that if defendant Mitchell believed in good faith that his conduct was lawful he could not be found guilty of entering into a conspiracy to do am unlawful act and also that defendant Mitchell was not charged with delivery but with conspiracy to deliver.
We find, therefore, that the jury was instructed properly regarding the treatment of defendant Mitchell’s admission that he delivered narcotics to informants in exchange for information. Recalling that the theory of the prosecution was that the defendant police officers participated in the conspiracies by harassing rivals of favored drug dealers, the activity in question well may have been in furtherance of the conspiracies. Whether it was, is a question which was properly before the jury, and defendant Mitchell has not presented this Court with authority or facts which convince us otherwise.
V
Defendants argue that they are entitled to a new trial because a denial of due process resulted from the selective use of grants of immunity to certain prosecution witnesses and the denial of immunity to defense witnesses. Defendants failed to justify such grants of immunity during trial and have failed to demonstrate prejudice resulting from the denials of immunity on appeal.
By legislative mandate, authority to request a court order granting immunity from criminal, prosecution rests exclusively in the discretion of the prosecuting attorney. MCL 780.701; MSA 28.1287(101), People v Watkins, 78 Mich App 89; 259 NW2d 381 (1977), lv den 406 Mich 954 (1979).
Federal case law indicates that under certain circumstances the prosecutor may be found to abuse his discretion to petition the court for a grant or denial of immunity so as to constitute a denial of due process to a defendant. United States v Morrison, 535 F2d 223 (CA 3, 1976), United States v Herman, 589 F2d 1191 (CA 3, 1978), United States v DePalma, 476 F Supp 775 (SD NY, 1979). Under these cases, due process requires that a defendant be entitled to the benefit of immunity for witnesses in two types of cases: first, where prosecutorial misconduct results in the suppression of testimony favorable to the defendant (as in Morrison, where the prosecutor successfully intimidated a key defense witness), and, second, where a defendant makes a substantial evidentiary showing that a grant of immunity is necessary in order to obtain exculpatory testimony that is important to the defendant’s case.
Both of the situations posed above are consistent with the acknowledged role of the prosecutor as an officer of the court in acting in the public interest. The prosecution has a duty to protect the innocent as well as to convict the guilty, and the use of the power to petition the court should not be used to suppress the truth. The policy consideration against such a use of immunity is, or course, that criminals ordinarily should not be exempted from responsibility for their criminal acts. Thus, it is only under extraordinary circumstances that im munity should be used at all (whether for prosecution or defense witnesses).
The two rationales advanced above are, in fact, closely related. Once a defendant makes a strong showing of the need for immunity to allow essential testimony to be presented on his behalf, a prosecutor’s refusal to petition the court for immunity may rise to the level of a deliberate attempt to distort the truth-finding process as discussed in Herman.
With respect to the initial defense motion, defendants pointed to no specifics which would have justified grants of immunity at that time. The trial court stated as much in its ruling and indicated that if facts justifying such a grant developed during trial defendants’ motion could be renewed. Certainly, neither the trial court nor the prosecution can be found to have acted improperly where there was not even an alleged specific justification before them for providing immunity.
Defendants assert that witnesses James Martin and officer Craig Pollard should have been granted immunity. With respect to witness James Martin, defendants also complain that Martin "apparently” was instructed by the trial court that he could not answer some questions and assert his Fifth Amendment rights as to others. We find no support for this contention in the record. In fact, the people’s view of Martin’s refusal to testify is more likely correct, and that is that Martin’s own attorney advised him to remain silent. Furthermore, the trial court allowed Martin to assert his right to remain silent to an apparently nonincriminating question on the ground that it could form a link in the chain. Defendants’ briefs ne gleet to mention the court’s justification of the exercise of the right and gives the misleading impression that the trial court had no reason to permit the witness to refuse to answer.
Defendants’ only contention as to the substance of Martin’s testimony was that it went to the credibility of a key prosecution witness. This contention appears to be an insufficient justification. See Government of Virgin Islands v Smith, 615 F2d 964, 972-973 (CA 3, 1980).
While a defendant may find himself in a "Catch-22” situation (unable to present evidence to demonstrate a need for immunity without first obtaining such immunity), it appears that the policy against granting immunity outweighs a speculative, prophylactic use of immunity power.
With respect to the testimony of officer Craig Pollard, it is clear that defendants suffered no prejudice. Defendants make a specific claim of justification in that Pollard would have testified in support of the contention that it was common practice for police officers to give narcotics to informants in exchange for information. In fact, there was testimony to that effect given by other witnesses, rendering Pollard’s testimony cumulative. Furthermore, Pollard testified that he knew of no other officer engaging in that practice, and so the extent of this testimony would obviously have been only that he had done so himself. This hardly appears to be sufficient justification for a grant of immunity. It is also quite likely that the jury realized exactly why Pollard refused to testify regarding the practice in question, so that they knew what his testimony would have been even without hearing it, although we do not dispose of the issue on that basis.
Since there was no adequate justification for a grant of immunity to witness Pollard, the failure to petition for or grant immunity cannot constitute an abuse of discretion on the part of the prosecution or the trial court.
VI
Defendants claim that the trial court erred by denying their request for a bill of particulars and that reversal is required on that ground.
There are two situations in which it is error for the trial court to deny such a motion. First, where the defendants were charged by the short-form information or indictment they have a mandatory right to a "seasonably requested” bill of particulars. MCL 767.44; MSA 28.984, People v Clark, 85 Mich App 96, 100; 270 NW2d 717 (1978), People v Jones, 75 Mich App 261, 268-269; 254 NW2d 863 (1977), lv den 402 Mich 822 (1977), People v Tenerowicz, 266 Mich 276, 287-288; 253 NW 296 (1934). Second, the denial of a motion for a bill of particulars where a long-form indictment is used is erroneous where it constitutes an abuse of discretion by the trial judge. Tenerowicz, supra, 288, Jones, supra, 269.
The defendants first contend that they were charged in the statutory short form. MCL 767.44; MSA 28.984 states that the following is the short-form method of charging a conspiracy:
"Conspiracy — A. B. and C. D. conspired together to murder E. F. or to steal the property of E. F. or to rob E. F. (as the case may be).”
Count I of the indictment charged the defendants with conspiring among themselves and with others to sell, manufacture, deliver, or possess, with the intent to deliver, narcotic drugs to one another and "divers other persons”.
Count II of the indictment charged the defendants with conspiring together to obstruct justice by wilfully and unlawfully bribing, assaulting, attempting to murder, murdering, and hindering the arrest of persons for narcotics violations and "divers other crimes” for the purpose of obstructing and hindering justice.
In addition, each count sets forth á starting and an ending date for the alleged conspiracy and sets forth certain specific locations (although each count includes an open-ended reference to "divers other locations”).
The indictment in People v Missouri, 100 Mich App 310; 299 NW2d 346 (1980), lv den 411 Mich 1039 (1981), had two counts which, with respect to the detail in which each count was set forth, are indistinguishable from the first count in the instant case. In addition to the precise statutory form set forth in MCL 767.44; MSA 28.984, the indictment in Missouri stated the place and time that the two conspiracies were alleged to have occurred pursuant to MCL 767.45; MSA 28.985. The Missouri Court found that while the indictment in that case was sufficient to charge the offenses of conspiracy, its minimum content led the Court to conclude that the indictment was in the statutory short form. Missouri, supra, 331, fn 5.
It would be possible to take the view that any information included in the indictment beyond what is stated in the statute as the short form would make the indictment one in "long form”. Even if this view is taken, the instant case (like Missouri) presents a situation where the specificity of the indictment was minimal. The defendants were informed of the "nature of the crime” only insofar as to know that it was a conspiracy. The people’s argument that the indictment was very specific by giving dates and locations must be regarded as unrealistic.
An examination of the "specific” dates shows that they are merely approximate starting and finishing times which are unconnected to any specific event. In fact, the dates were amended at the close of proofs. The "specific” locations were given, but those numerous locations were not tied to any specific events, and at the close of proofs many of the alleged locations were dropped from one or both counts. In addition, both counts included the catch-all, "divers other locations”.
The only other "specificity” is a list of crimes allegedly committed in furtherance of the Count II conspiracy. While naming a number of crimes, this list gives no indication of when, where, or how any of the crimes were committed or by whom they were committed. The list also included as a catchall, "divers other crimes”.
It should be clear from these facts that it would be an abuse of discretion to deny defendants a bill of particulars setting forth with some degree of specificity the acts by which they are connected with or are deemed to be participants in the conspiracy.
This is not to say that the indictment itself is invalid, since an indictment for conspiracy may be as vague as is the conspiracy charged. Tenerowicz, supra, 285.
Although our analysis seems to favor defendants up to this point, the question of whether they are entitled to reversal rests on whether they have demonstrated actual prejudice resulting from the error. Missouri, supra. It appears they have not.
The people rely on the extensive discovery materials made available to the defense as satisfying the purpose which would have been served by a bill of particulars. Discovery included complete transcripts of the preliminary examinations and transcripts of grand jury proceedings. While the defense certainly was given a great deal of specific information, it is possible that the indiscriminate provision of a vast amount of unwieldy information may be almost as unfair as the provision of insufficient information. Still, none of the allegedly impermissible proofs appears to have been prejudicially mishandled by the trial court as a result of the lack of a bill of particulars.
Notice should be taken that in Missouri the error committed in denying the request for a bill of particulars was cured by the fact that the defendants were provided with a detailed statement of the prosecution’s theory of the case and a two-day hearing was held to clarify which of the acts alleged to have been committed related to which of the two counts of the indictment. No such hearing was conducted in the instant case, but that aspect of Missouri is distinguishable because the two counts there were so closely related that confusion regarding which acts went to which count was inherent. In fact, the substance of both of the counts in Missouri is contained in the single first count of the instant case.
Since no prejudice has been shown to result from the trial court’s error in denying defendants’ request for a bill of particulars, they are not entitled to a new trial on that ground. Missouri supra, Tenerowicz, supra.
VII
Defendants Bivins, Iaconnelli, Harold Davis, and Turner claim that their convictions must be reversed because, although they were charged with involvement in a single mass conspiracy, the proofs presented during trial demonstrated, at best, the existence of multiple, separate conspiracies. The people’s response to this claim is that the jury was carefully instructed to determine the extent of the single conspiracy charged and was presented with ample evidence to support the involvement of each convicted defendant in the conspiracy. The question of each of these defendants’ involvement in the alleged mass conspiracy must be dealt with individually due to the differing circumstances under which they appear to have been involved.
(1) Defendant Bivins attempts to characterize the instant case as being controlled by Kotteakos v United States, 328 US 750; 66 S Ct 1239; 90 L Ed 1557 (1946). In that case, a number of defendants were charged with conspiracy to violate provisions of the National Housing Act by virtue of filing fraudulent claims for loans under the act. In Kotteakos, the only connection among various defendants was that the fraudulent claims all were filed through one Mr. Brown, who functioned as a broker in placing the fraudulent applications, presenting a classic "wheel conspiracy” question. Mr. Brown was the "hub” by which the various individual conspiracies (or "spokes” of the "wheel”) were connected, but the Court in Kotteakos held that more than the fact that one man participated in the various conspiracies was necessary to justify the conviction of each conspirator of a single mass conspiracy.
Applying a wheel conspiracy analysis to defendant Bivins’ conviction, the dispositive fact is that Bivins was employed directly by Milton Battle as Battle’s assistant and bodyguard. Under defendant’s own authority, the central or "hub” members of the individual conspiracies are guilty of a single mass conspiracy. The circumstantial evidence allows a fair inference that Bivins was aware of the various individual conspiracies which he attempts to characterize as unconnected spokes and thus his conviction should not be reversed on grounds of his being merely involved in a separate conspiracy rather than the single mass conspiracy charged in the indictment.
(2) Defendant Iaconnelli makes essentially the same argument as defendant Bivins, and his claim of error fails for the same reason. According to the testimony of prosecution witness Wiley Reed, Iaconnelli participated in transactions whereby money was paid for large quantities of cocaine for distribution by Milton Battle. Battle himself testified to defendant Iaconnelli’s extensive involvement in the conspiracy. It can be fairly inferred from this and other testimony that Iaconnelli, as well as Battle and Bivins, were part of the central hub of the charged conspiracy.
(3) A somewhat different analysis of this issue applies to defendant Harold Davis. It appears from the evidence presented that Davis was an independent dealer who obtained narcotics from Milton Battle. Testimony showed that Harold Davis received narcotics from Milton Battle on a regular basis through Wiley Reed and others, and, on occasion, directly from Battle himself. Roy McNeal, a key prosecution witness, testified that Harold Davis had no "arrangement” with Battle and that Davis "was dealing on his own. He was an independent dealer.”
McNeal’s testimony does not preclude a finding that Harold Davis was a member of the mass conspiracy charged. If other evidence showed circumstances from which it could be fairly inferred that Davis had agreed in fact to support and promote the central, conspiracy, he could be found to have been a part of it. We find no such evidence in the record, and we are compelled, therefore, to reverse the conviction of defendant Davis.
The question of single versus multiple conspiracies was recently dealt with in Missouri, supra. In that case, the question was characterized as whether there was an impermissible variance between the proofs and the indictment. This Court found sufficient evidence of an agreement in fact among the various coconspirators, id., 343-346, but went on to acknowledge that a variation between the proofs and indictment would have prejudiced those coconspirators at the retail level of the narcotics distribution chain. This is consistent with the holding in Kotteakos, where the "spoke” conspirators had no interest in each other’s success and no evidence was presented to show an agreement in fact between the various conspirators.
Notice should also be taken of People v Atley, 392 Mich 298; 220 NW2d 465 (1974). Atley makes it clear that a conspiracy requires more than knowledge that another has an unlawful purpose. In addition, it is necessary to show that the respective conspirators intended to further, promote, or cooperate in the unlawful enterprise. Direct proof or the establishment of a formal agreement is not necessary, but the evidence must warrant a fair inference that an agreement in fact existed. Id., 311.
The Supreme Court in Atley disagreed over whether such an agreement in fact could be inferred from the circumstances of that case, a majority finding that it could not. We find the circumstantial evidence in the instant case even less compelling, and therefore we reverse defendant Harold Davis’s conviction of the conspiracy charged in Count I.
(4) While other testimony showed defendant Harold Turner to be guilty of extensive illegal trafficking in narcotics, we must decide whether the evidence shows that he participated in the central conspiracy charged in Count I.
The testimony shows that at one point during the time of the alleged conspiracies, Roy McNeal and Milton Battle had a disagreement and terminated their "partnership”. McNeal then went into a short-lived partnership with Turner, who apparently was an alternate source of narcotics. Testimony shows a single transaction during this short time whereby narcotics were supplied to the Turner-McNeal partnership from Milton Battle’s organization, while, for the most part, supplies came from Turner.
Testimony also shows a total of two meetings between Battle and Turner, and the only communication testified to was Battle’s admission that Turner informed Battle that police officer Robert Mitchell could be bribed.
One witness testified that she accompanied Harold Turner and Roy McNeal to an encounter with convicted coconspirator officer Robert Mitchell in convicted coconspirator Erskine Haslip’s shoe store where McNeal, in the presence of Turner and the testifying witness, paid officer Mitchell some $250 to $300.
It was also established that several underlings were alternately employed in Turner’s drug operation and in the Battle-McNeal operation, though not in both at the same time.
In addition, testimony tended to show that Turner frequented the Pingree Street address where the McNeal operation was in progress, even outside of the time period when Turner and McNeal were partners.
Although we consider it to be a close question, we find the above evidence sufficient to present a question of fact for the jury to decide whether defendant Turner was a participant in the charged mass conspiracy. Our finding of sufficiency is based on the cumulative consideration of the evidence in question, as was the case in United States v Tramunti, 513 F2d 1087 (CA 2, 1975).
In Tramunti, the defendants argued that the evidence showed the existence of two independent and competing conspiracies. The United States Court of Appeals decided that, while the evidence indicated that there were two spheres of operation in the narcotics conspiracy which was established, there was sufficient proof of mutual dependence and assistance to warrant the treatment of the two spheres as one general business venture. Key facts establishing the close relationship between the two spheres were: (1) one witness testified that he worked for both groups, though never for both at the same time, and he moved from the employ of one group to the other with relative ease; (2) a principal partner from one of the "spheres” participated in the activities of the other sphere on several occasions; (3) a principal partner of one sphere had knowledge of the details of the operation of the other sphere; and (4) the two organizations in Tramunti were linked by sales to common distributors.
The issue in the instant case is remarkably similar to that in Tramunti. The evidence showed that defendant Turner operated a narcotics business. The evidence also showed a narcotics operation being carried on by Milton Battle in partnership with Roy McNeal. These operations are analogous to the two "spheres” in Tramunti. We regard the evidence in Tramunti to be stronger than that in the instant case, but the evidence before us is still sufficient to warrant an inference that the defendants in the case at bar belonged to a single loosely knit conspiracy.
We note that both Kotteakos and Atley involve defendants who were engaged in a "one shot” venture (with the exception of the central figure in Kotteakos), while the defendants in Tramunti and the instant case were involved in an ongoing operation. The evidence allows a fair inference that an agreement in fact existed among the defendants and that defendant Turner was a party to that agreement.
VIII
There is no merit to defendant Haslip’s argument that the trial court erred in refusing to grant his motions for a directed verdict, a judgment notwithstanding the verdict, or for a new trial. Defendant Haslip’s argument rests on the premise that the testimony of witness Roy McNeal was inherently unreliable, but McNeal’s credibility is a matter to be weighed by the jury. Way, supra, Smalls, supra.
It is true that McNeal was shown to have made inconsistent statements both prior to and during the trial, but such statements were put before the triers of fact.
Under People v Hampton, 407 Mich 354; 285 NW2d 284 (1979), as in Smalls, supra, the standard for reviewing the sufficiency of the evidence is whether the evidence, when taken in the light most favorable to the prosecution, would justify a rational trier of fact in finding beyond a reasonable doubt that all the elements of the crime are present.
One reason for taking the evidence in the light most favorable to the prosecution in applying the Hampton test is that the trier of fact is to determine the credibility of the witnesses. While the question of credibility in the instant case is more complex than in Smalls due to the prior inconsistent statements, the question is still a credibility contest between the prosecution’s and defendants’ witnesses.
Defendant Haslip does not contend that the elements of the crime have not been shown, but only that the testimony in support thereof was not believable. Defendant Haslip is not entitled to reversal on this issue.
IX
Defendant Harold Davis claims that the trial court committed error requiring reversal by refusing to suppress evidence of his prior criminal record. That record consisted of convictions of larceny from an automobile in 1952, larceny from a building in 1956, larceny from a building in 1965, attempted possession of heroin in 1971, and attempted possession of heroin in 1973.
Prior to trial, defendants Harold Davis and Rudy Davis moved to suppress evidence of their prior convictions. The trial court denied the requests and issued a written opinion stating its reasons for doing so. The trial court determined that to suppress evidence of the prior convictions of these two defendants would result in a distortion of the truth-finding process because many prosecution witnesses had extensive prior records which would be used by the defense for impeachment and because several defendants had "clean” records.
Defendant Rudy Davis, whose record consisted of a single conviction of obstruction of justice, took an appeal from the trial court’s ruling. That appeal was finally determined by the Michigan Su preme Court by order dated June 19, 1975, in which the Court ruled that the decision of the trial court to admit Rudy Davis’s record for impeachment under limited circumstances was not an abuse of discretion.
The people argue in this appeal that the Supreme Court ruling is the law of the case which precludes further inquiry into the trial court’s ruling on the admission of defendant Rudy Davis’s own prior record. It is true that where a legal issue has been raised in an appeal, it may not be raised again in a subsequent appeal. People v Paintman, 92 Mich App 412; 285 NW2d 206 (1979). However, the issue before us is not the precise question which was dealt with previously. The two defendants who moved for suppression had very different prior records. Rudy Davis had a single conviction, while Harold Davis had several, and the nature of the crimes are quite different. It may be possible to find, therefore, that the admission of Harold Davis’s record was an abuse of discretion while admission of evidence of the single conviction of Rudy Davis was not, and disposition of this issue cannot be grounded on the doctrine of the law of the case.
However, we find no abuse of discretion in the trial court’s ruling. It is clear that the trial court recognized and exercised its discretion, and it is also clear that the trial court took account of the factors enumerated in People v Jackson, 391 Mich 323; 217 NW2d 22 (1974), which case was noted in the trial court’s opinion. The trial court was properly concerned that the truth-finding process would be distorted if defendant Harold Davis’s prior record were suppressed. The trial court’s ruling was not, as defendant Harold Davis contends, "grossly at variance” with the law of Michigan in 1975, and defendant Harold Davis was not denied a fair trial.
Finally, we note that the correctness of the manner in which the trial court allowed the admission of evidence of the convictions, namely by allowing the prosecution to inquire into the number of convictions and giving the defense the option of bringing out the nature of the crimes, does appear to be the law of the case. We interpret the Supreme Court’s opinion, by its mention of "limited circumstances”, to sanction the method by which the trial court allowed the evidence to be presented. Since that method was the same as to both defendants, we are convinced that the Supreme Court would have reached the same result had defendant Harold Davis appealed the manner of the admission.
X
Defendant Harold Turner raises several claims of error regarding the admission of evidence of various statements of coconspirators.
(1) Defendant Turner first claims that the trial court erred by giving the following type of instruction when admitting evidence of various statements:
"Members of the jury, statements made not by this witness but by a third party are hearsay. They are generally not admissible. In this situation, they can be received with an understanding that they are not binding on any defendant before the court unless or until you are to find beyond a reasonable doubt that a conspiracy or conspiracies charged were factually committed.
"Secondly, unless you as factfinders were to determine beyond a reasonable doubt that the speaker and that the parties might be bound by it were members of that conspiracy and you should recall that membership can only be determined factually from one’s own acts or statements, and not by hearsay.
"Third, you will have to find beyond a reasonable doubt that the hearsay was made in furtherance of the conspiracy.
"With those restrictions, I am allowing the hearsay in now * * *.”
Defendant Turner is correct in asserting that the instruction as given would give the jury a meaningless task to perform. If the jury first determines beyond a reasonable doubt that a conspiracy exists and then determines beyond a reasonable doubt that the declarant and the defendants bound by the statements are members of the conspiracy, defendant Turner’s guilt has been established and there is no need to take the final step by considering the statements in question.
If the jury followed the instruction, the effect is to give defendant Turner an even greater protection from properly admitted statements than he is entitled to. Defendant Turner in fact would have been found guilty without consideration of the statements. The error is therefore harmless, and we will not reverse defendant Turner’s conviction because of it. GCR 1963, 529.1.
In another case, the same type of instruction was requested by a defendant, and the request was denied because the instruction was erroneous. Carbo v United States, 314 F2d 718, 735-738 (CA 9, 1963). The Carbo case does not require reversal in the case at bar but only supports the proposition that the instruction is erroneous. Harmless error analysis applies to the instant case as discussed above. See United States v Knight, 416 F2d 1181, 1186 (CA 9, 1969), and cases cited therein.
(2) Defendant Turner next claims that his conviction should be reversed because of a second category of hearsay evidence which was improperly admitted with a defective limiting instruction. On several occasions during the trial, hearsay statements were admitted by the trial court even though the court determined that the statements were not made in furtherance of the conspiracy. The trial court instructed the jury that these statements could not be considered as binding on the defendants to whom the statements referred but that they could be considered as binding on the declarant.
For example, Larry McNeal testified on direct examination that Olivia Sampson once told him that defendant Richard Herold "would bring narcotics by and leave them for Boo Turner (defendant Harold Turner)”. Counsel for defendant Turner objected to this hearsay and requested that the jury be instructed to disregard it. The court, upon a showing that Olivia Sampson was alleged to be a coconspirator, instructed the jury as follows:
"Members of the jury, I am instructing you that it can be received only insofar as it bears upon her. As to everyone else, it is hearsay and not binding. Go ahead, Mr. Steele.”
Defendant Turner claims that this type of limiting instruction was rejected by the United States Supreme Court in Bruton v United States, 391 US 123; 88 S Ct 1620; 20 L Ed 2d 476 (1968). A careful reading of Bruton reveals that the statement in that case was the confession of a codefendant who did not testify during trial. The oral confession, made to a third party, implicated Bruton in a robbery. The Court decided that Bruton had been denied his Sixth Amendment right of confrontation since the declarant could not be cross-examined because of his refusal to take the stand and that the confession of the codefendant was such a powerfully incriminating statement that the jury would be unable to ignore it in determining Bruton’s guilt. Id., 126, 135-136.
In the case at bar, most of the hearsay declarants testified during trial and were subject to cross-examination. Although one declarant, Mr. Pittman, was not available during trial, the statements complained of are not direct confessions of guilt as was true in Bruton. The statements were relevant to prove that the declarants were conspirators, and thus the trial court’s limited admission was proper. We think that the jury was capable of understanding the infirmities of the hearsay statements in the case at bar and that the jurors could properly follow the limiting instruction as given.
(3) Defendant Turner also claims that the trial court never ruled on the admissibility of many of the statements of coconspirators against Turner but erroneously delegated the duty of determining the admissibility of the evidence to the jury under the cautionary instruction discussed in part (1) above. The people correctly observe that the trial court was aware of the foundational requirements for admission of the statements of coconspirators against each other, and it is apparent from the record that the trial court ruled implicitly that those foundational requirements had been met wherever such statements were admitted into evidence with cautionary instructions. The instruction to the jury that it must first find the existence of the conspiracy and the fact of a defendant’s involvement by independent evidence was the trial court’s acknowledgement of the fact that even though there was a proper foundation, the jury could reject some or all of the evidence establishing the foundation, thus rendering it improper to consider the extrajudicial statements. Defendant Turner was not denied protection from such statements but was given a two-stage protection insuring that the statements in question would only be used as the law properly allows. Knight, supra, 1185-1186.
Defendant Turner is not entitled to a new trial by reason of the admission of statements made by coconspirators.
XI
Defendant Harold Turner claims that the trial court committed plain error by failing to instruct the jury that defendant Turner was responsible only for an agreement with other coconspirators as intended by him but was not responsible for a prior agreement or any acts or statements in furtherance of such a prior agreement. Specifically, defendant claims that the trial court erred by failing to give CJI 10:1:07, which reads as follows:
"A person who joins a conspiracy is not liable for or bound by the agreement existing before his joining and becoming a member of the conspiracy. He is responsible only for the agreement with the conspirators which he intended at the time of joining. Evidence of any acts or declarations of other conspirators prior to the time such person becomes a member of the conspiracy may be considered by you in determining the nature, objectives and purposes of the conspiracy after such time, but for no other purpose.”
The people contend that defendant Turner did not request this instruction and failed to object to its absence from the jury charge. The people also claim it to be an inaccurate statement of the law, and so the failure to give it could not have been error.
By a written request filed on December 1, 1975, defendant Turner requested that the first two sentences of this instruction be given to the jury. In fact, the trial court gave a charge regarding one who joins a conspiracy after its inception to the effect that one is bound by all acts done in furtherance of the conspiracy prior to his joining it:
"In Michigan, it is the law that one who joins a conspiracy after it has been formed is as guilty as though he were an original conspirator and is bound by all acts prior to his joining or while a member so long as the acts were in furtherance of the conspiracy. This is so even if he did not know all of the conspirators or participate in all of the objects of the conspiracy.”
The instruction given by the trial court is consistent with numerous federal cases on conspiracy. See Knight, supra, and cases cited therein. Michigan case law appears to be in accord. People v Ryan, 307 Mich 610, 612; 12 NW2d 474 (1943).
The instruction as given was correct and properly informed the jury of the applicable law. The Michigan Criminal Jury Instructions are proposed, not mandatory. Supreme Court Administrative Orders 1977-1, 399 Mich lxxii, and 1978-5, 402 Mich lxxxvii. Furthermore, those instructions may be incorrect. See People v Hernandez, 80 Mich App 465, 474; 264 NW2d 343 (1978).
We do not necessarily consider the two instructions in question to be inconsistent. CJI 10:1:07 would have instructed the jury to use evidence of the activities of coconspirators prior to defendant Turner’s joining the conspiracy to decide whether defendant Turner’s agreement encompassed the mass conspiracy charged or only constituted some lesser activity, such as an independent conspiracy as we have found with regard to defendant Harold Davis (see Issue VIII above). By reason of its instruction on the finding of single versus multiple conspiracies, the trial court gave the substantive protection of the requested instruction, and defendant Turner is not entitled to reversal. McCrea, supra, 255-256.
Once it is determined that a defendant intended to engage in the major charged conspiracy, he is as guilty as if he had been a conspirator from the start. Ryan, supra. Defendant Turner claims that the prejudice suffered as a result of numerous execution-style murders and other acts perpetrated before he joined the conspiracy was incurable but that once it is established that he joined the ongoing conspiracy he is responsible for all acts done in furtherance of the conspiracy. The prejudice complained of is significantly less than would be the case where a defendant’s prior criminal record is admitted, since the. jury is well aware that defendant Turner did not directly commit or order the commission of the acts in question. That he is held legally responsible is the consequence, brought upon himself, of his decision to join the conspiracy. This is not to say that defendant Turner is guilty of murder by reason of the acts of his conconspirators, but only that he is guilty of agreeing to that which his conconspirators did. The testimony complained of was properly admitted as acts done in furtherance of the conspiracy.
XII
For the reasons stated above, the convictions of defendants Richard Herold and Harold Davis are reversed. The convictions of the other defendants are affirmed, without prejudice to defendant Turner’s right to pursue, in the trial court, his motion for an evidentiary hearing on the issue of ineffective assistance of counsel. We do not retain jurisdiction.
Affirmed in part and reversed in part.
The relevant jury instructions were given as follows:
"With respect to those to whom Mr. Mitchell testified he did give narcotics, I caution you that none of them, except for Peaches Miles, is named as a coconspirator, and that as to her you should understand that it is your task to determine if she was [sic] a coconspirator in Count I or Count II, and if the particular conduct alleged was [sic] in furtherance of either conspiracy charged here or not.
"Furthermore, let me caution you as follows: A police officer is not licensed by his employment to give narcotics to any person for human consumption. To do so is, itself, illegal. However, you must understand that neither Robert Mitchell nor Rudy Davis nor any other defendant is here charged with the actual unlawful delivery of narcotics. Defendants are, instead, charged only with entering into an unlawful agreement to deliver narcotics. Whether or not an agreement to deliver narcotics is itself, a crime, depends on the state of mind of the person agreeing to so deliver the narcotics. If the person honestly believes it is lawful for him to do so, even if he is wrong, the mere agreement to do so is not a crime. On the other hand, if one honestly believes or knows that it is illegal to so deliver narcotics, even if he has a very noble and good reason for doing so, it would be unlawful to enter into an agreement to so violate the law.
"You are instructed, therefore, that the mere giving of narcotics by a defendant to another, however illegal the act itself might be, would not itself prove guilt in Count I. And this is so even if the recipient who agreed to receive the narcotics was [sic] a named coconspirator. For such testimony to prove guilt, you would first have to be satisfied beyond a reasonable doubt that both parties entered into the agreement in order to further the purpose of the conspiracy charged here. And, secondly, that the defendant seriously entered into the agreement and that he did so knowing or honestly believing that it would be illegal for him to so deliver narcotics. Again, what .is important is what one actually believes the law is rather than what one might believe the law should be.”
The text of the trial court’s opinion is as follows:
"In this case defendants Harold Davis and Rudy Davis have filed motions seeking to suppress their respective criminal records should they, at the trial, elect to testify and be subject to cross-examination. On May 5, 1975, this court issued a ruling from the bench denying the motions to suppress and explaining the rationale for its discretionary ruling. The ruling was, and is, that if the defendants do testify, their prior convictions can be brought out once (only) and the prosecution is barred from going into the offenses for which defendants stand convicted.
"This decision leaves the defense free to do two things:
"(1) To bring out the convictions on direct examination, thereby precluding the prosecution from raising it, 'dramatically’ or repetitiously, on cross-examination; and,
"(2) To elect, itself, whether or not it wishes to look behind the recitation of a conviction and allude to the date of conviction and the offense for which a defendant was convicted.
"This written summary is prepared to insure that all parties understand the court’s decisional guidelines and to elucidate the court’s rationale at the request of the attorney for defendant Rudy Davis,
"The court does not hesitate to say that it is in sympathy with the recent decisions which have paved the way for the suppression of criminal records where the effect is more prejudicial than probative. See, e.g, People v Jackson, 391 Mich 323 [217 NW2d 22] (1974). At the same time, trial courts should retain the right to exercise discretion for there can, indeed, be instances where the proper exercise of discretion makes it only fair for the prosecution to be able to bring out a defendant’s prior criminal record. One such recognized 'exception’ is where a defendant has a prior perjury conviction. A perjury conviction is obviously very prejudicial; but, at the same time, there is an equal or greater probative purpose in allowing such a record to be brought to a jury’s attention.
"This court believes that the unusual circumstances of the instant case offers another type of 'exception’ warranting the previously stated ruling and guidelines.
"The preliminary examination transcript in this case reveals that numerous prosecution witnesses have a host of criminal convictions which the defense exploited at great length at the examination and which will- properly be brought out at trial, too. All defendants will get the benefit of such impeachment evidence.
"At the same time, many of the 16 defendants in this case do not have prior convictions. Should those without records elect to testify, their 'clean’ backgrounds may also be brought out to the jury.
"If the court, in this case, were to suppress criminal records for any defendant so stigmatized, the jury would be likely to regard all defendants to have untarnished pasts. Such an appearance would not only distort reality, but it would also impair the jury’s ability to fairly judge the credibility of witnesses who might be called by the prosecution as compared to some who might be called by the defense.
"In this court’s discretion, a fair and propér ruling is to allow the convictions of defendants, should they testify, to be brought out, but not unduly exploited. This ruling is designed to balance the competing interests and rights of both sides to this litigation in a manner that promotes fairness and does not mislead layjurors. It leaves the scope of disclosures to the defense so that they can assert some tactical control over that which is prejudicial while, at the same time, the prosecution is protected against the total and misleading suppression of probative evidence.”
The text of the order is as follows:
"Leave to appeal granted June 19, 1975. The Court, sua sponte, pursuant to GCR 1963, 865.1(7) hereby reverses that portion of the May 23, 1975 order of the Court of Appeals which orders suppression of defendant’s prior conviction. The Court is of the opinion that the decision of the trial judge to admit defendant’s criminal record for impeachment purposes under limited circumstances was not an abuse of discretion.” People v Rudy Davis, 394 Mich 790 (1975). | [
16,
16,
74,
2,
-37,
-16,
-86,
-8,
-25,
-23,
-6,
-22,
-35,
3,
5,
53,
19,
69,
96,
-31,
30,
16,
-13,
31,
12,
-43,
37,
41,
-37,
46,
36,
7,
93,
-37,
50,
40,
33,
-20,
61,
-19,
-28,
18,
-21,
7,
-34,
18,
10,
61,
43,
0,
-50,
-7,
84,
35,
-14,
2,
10,
-9,
62,
15,
-29,
-6,
-5,
-39,
-58,
-89,
-29,
14,
52,
-1,
44,
0,
0,
33,
30,
-29,
-12,
-18,
-19,
6,
-13,
56,
48,
5,
-35,
-21,
-12,
-17,
8,
18,
8,
-4,
-16,
33,
-16,
-15,
-19,
25,
17,
2,
1,
18,
-22,
-27,
30,
18,
44,
-18,
-7,
70,
-35,
20,
16,
-24,
-19,
-74,
-6,
-19,
-32,
10,
-18,
-19,
24,
22,
-31,
-1,
-42,
-10,
-41,
-4,
1,
1,
-21,
-21,
-68,
79,
-25,
3,
54,
-12,
-17,
68,
-51,
4,
11,
28,
-32,
71,
42,
55,
-76,
0,
13,
14,
-54,
36,
35,
-4,
-19,
40,
-40,
-74,
34,
-38,
14,
-14,
-66,
27,
-36,
23,
-37,
-47,
30,
37,
11,
-26,
-20,
6,
-47,
40,
-42,
-37,
-30,
-27,
-31,
-4,
6,
4,
-21,
18,
36,
15,
-50,
2,
19,
-42,
5,
18,
33,
34,
21,
-31,
-32,
-47,
-8,
-8,
-24,
68,
6,
18,
-49,
-69,
86,
-1,
12,
-20,
-17,
20,
60,
0,
-36,
-36,
20,
30,
14,
-31,
-25,
20,
-21,
18,
-3,
-6,
-16,
28,
-69,
3,
-2,
15,
16,
53,
-25,
-18,
-31,
-38,
43,
61,
32,
12,
-2,
2,
5,
66,
14,
13,
-49,
-31,
35,
-88,
36,
45,
3,
19,
-25,
-10,
-9,
29,
2,
16,
-67,
31,
-40,
-51,
16,
-30,
-15,
-5,
-53,
29,
13,
14,
41,
-36,
16,
-17,
6,
-21,
-38,
0,
1,
-25,
13,
10,
-29,
-10,
8,
39,
46,
-27,
-11,
33,
-15,
24,
0,
-75,
27,
-41,
26,
-27,
-19,
-12,
39,
-9,
74,
-65,
-4,
-7,
6,
7,
12,
-32,
-75,
39,
36,
17,
-5,
-25,
17,
38,
55,
14,
12,
24,
14,
-81,
-39,
34,
2,
37,
18,
16,
-99,
15,
-6,
7,
-11,
-23,
-10,
43,
-78,
0,
28,
-30,
74,
-7,
-34,
30,
-18,
4,
22,
30,
44,
21,
-8,
33,
-7,
-2,
30,
20,
-25,
47,
-2,
22,
-36,
18,
-1,
18,
15,
-41,
2,
-21,
-4,
-35,
45,
-13,
-16,
-58,
4,
-24,
33,
25,
-24,
0,
-6,
-20,
-17,
42,
33,
29,
-3,
-11,
-41,
30,
6,
28,
8,
-42,
0,
63,
16,
-21,
-44,
53,
50,
21,
26,
-21,
3,
-2,
13,
-35,
37,
-2,
5,
-49,
50,
-4,
-15,
4,
57,
-40,
-7,
15,
-3,
-35,
-35,
-4,
-24,
-34,
8,
-31,
21,
-53,
30,
76,
31,
-8,
-3,
-51,
10,
4,
12,
-6,
-24,
0,
-9,
36,
15,
-16,
0,
24,
-14,
-10,
-31,
-2,
6,
4,
-13,
0,
15,
1,
0,
4,
19,
-36,
-42,
0,
52,
46,
17,
-36,
45,
15,
-36,
-45,
14,
-31,
36,
-31,
1,
29,
17,
-15,
-18,
56,
13,
19,
-20,
-18,
-42,
25,
1,
-23,
20,
22,
34,
43,
26,
18,
2,
33,
-18,
6,
-85,
22,
-4,
-78,
59,
-38,
-32,
-42,
38,
-21,
19,
17,
-20,
7,
18,
-73,
-19,
-1,
37,
-69,
-18,
-13,
21,
-38,
-33,
6,
-19,
-48,
61,
-55,
-1,
-7,
18,
-76,
-47,
13,
4,
-18,
8,
6,
-10,
-59,
13,
14,
2,
10,
-30,
21,
-38,
-1,
80,
17,
-8,
16,
-2,
-22,
80,
61,
-8,
16,
16,
31,
28,
71,
10,
29,
-23,
58,
80,
35,
36,
22,
3,
17,
34,
0,
-69,
-1,
48,
-66,
-4,
-15,
64,
-32,
7,
-28,
-45,
25,
15,
3,
15,
-26,
14,
-32,
26,
-68,
-49,
-78,
10,
-18,
8,
0,
-17,
58,
-90,
-13,
-28,
6,
-40,
-4,
-28,
14,
60,
-6,
-88,
4,
16,
-20,
-9,
-47,
-37,
47,
-37,
-6,
18,
14,
-22,
3,
-53,
16,
11,
34,
-33,
-5,
-39,
-53,
62,
-7,
-44,
-31,
-48,
-47,
-38,
-59,
-46,
-12,
-40,
-19,
13,
46,
-34,
-31,
28,
-13,
34,
-32,
-36,
16,
-41,
-42,
-31,
2,
17,
-15,
-53,
25,
53,
-45,
5,
30,
0,
-40,
52,
69,
-31,
0,
-51,
46,
-10,
42,
-23,
-27,
-27,
55,
6,
-48,
-15,
-31,
2,
-7,
-98,
3,
-44,
0,
29,
6,
5,
-13,
-51,
8,
-46,
-13,
-12,
11,
-4,
2,
-38,
23,
-41,
-43,
-8,
20,
3,
21,
22,
13,
0,
-22,
11,
-14,
-4,
-33,
50,
54,
-77,
22,
-12,
23,
10,
-20,
-64,
-20,
-11,
-16,
-26,
-4,
69,
35,
32,
45,
88,
49,
19,
14,
4,
11,
-7,
-31,
-43,
33,
-29,
-23,
-59,
43,
12,
13,
43,
-18,
-62,
-1,
-26,
7,
-45,
-6,
-37,
-60,
-3,
8,
4,
9,
-74,
-27,
58,
39,
-10,
49,
5,
-39,
14,
-5,
-18,
0,
-13,
20,
5,
15,
36,
-13,
74,
11,
-18,
-19,
23,
1,
15,
-31,
25,
3,
4,
-4,
34,
-19,
-7,
62,
-30,
-57,
8,
36,
4,
-23,
19,
-7,
26,
21,
4,
-13,
-39,
0,
-34,
46,
40,
20,
-33,
-1,
25,
-28,
-2,
38,
-34,
29,
19,
13,
-4,
-2,
46,
9,
26,
-49,
51,
-22,
-69,
38,
-52,
26,
9,
-21,
20,
0,
38,
-22,
-40,
-35,
-51,
7,
41,
7,
16,
3,
10,
-12,
25,
15,
43,
-5,
5,
-13,
-23,
20,
-23,
-54,
26,
-7,
27,
-5,
-43,
-21,
-2,
1,
-38,
23,
-47,
-34,
2,
-7,
44,
24,
68,
42,
16,
6,
-49,
-24,
-16,
-3,
32,
2,
-14,
-4,
19,
6,
10,
-17,
-21,
-25,
37,
26,
44,
-23,
0,
-34,
14,
66,
9,
-9,
-17,
-2,
1,
61,
-13,
0,
-45,
-84,
-14,
4,
12,
-16,
60,
-29,
-15,
37,
-34,
34,
-10,
38,
-9,
10,
30,
16,
-12,
-30,
-27,
-5,
15,
6,
38,
24,
1,
-47,
-26,
15,
-30,
18,
31,
-22,
20,
37,
22,
25,
25,
-29,
-19,
-10,
40,
-45,
-25,
-17,
51,
-43,
-25,
-29,
-2,
31,
52,
12,
60,
53,
-38,
27,
21,
-23,
-22,
56,
-43,
35,
9,
-34,
-38,
-24,
45,
0,
13,
0,
-10,
30,
10,
-54,
53,
16,
-30,
-19,
-22,
-36,
8,
11,
3,
42,
-56,
-38,
-75,
19,
-40,
20
] |
N. A. Baguley, J.
This appeal involves an interpretation and application of the housing accommodations provisions of the Michigan Handicappers’ Civil Rights Act, hereinafter, the Act. MCL 37.1101 et seq.; MSA 3.550(101) et seq.
Patrice Hardin, now deceased (hereinafter plain tiff), filed suit on May 21, 1979, seeking injunctive relief, monetary damages, and her costs and attorney fees for defendant’s alleged violations of § 502 of the Act. MCL 37.1502, 37.1606; MSA 3.550(502), 3.550(606). This appeal of right is now brought from the trial court’s finding of no cause of action after a bench trial in the Washtenaw County Circuit Court. In 1979, after almost 11 years, plaintiff’s name reached the top of the waiting list for a rental unit in Lurie Terrace, an apartment building for senior citizens owned and managed by defendant. Two members of defendant’s admissions committee personally interviewed plaintiff and told her that she could not obtain a unit because her particular handicap would prevent her from living in an independent manner as was required of Lurie Terrace residents.
At the time of trial, plaintiff was a 76-year-old woman who had lost the use of her left arm and hand after a stroke in 1968. She had also damaged her left leg in a later accident but was able to walk with the aid of a cane. Plaintiff’s witnesses testified that she was able to cook and wash dishes, could walk and climb stairs slowly, dressed herself, and attended a swimming program once a week where she was able to have her hair washed. Plaintiff did need assistance with transportation to do her shopping and banking chores.
Defendant presented evidence that plaintiff could not meet all of Lurie Terrace’s standards for admission. The standards are guides to a determi nation of whether the applicant can "live independently” and, therefore, be eligible to live at Lurie Terrace.
The trial court accepted defendant’s admission standards, finding that Lurie Terrace is geared to the needs of those who can live independently. It specifically found that plaintiff would be unable to enter the building without assistance, to exit via the stairway, and to take care of her personal needs without help. The court also expressed concern about plaintiffs ability to use the telephone in case of a fall. It concluded that plaintiff was unable to live independently within defendant’s definition of independent living. (See fn 1 supra.)
Although it is not absolutely clear that the trial court considered the Act in deciding against plaintiff, we assume that it did apply the Act. It found that defendant did not discriminate on the basis of physical handicaps but that Lurie Terrace merely was geared to the needs of those who can live independently. The court’s opinion did not consider whether defendant’s "independent living” qualification violated the Act’s proscriptions against discrimination on the basis of a handicap. We will treat the trial court’s ultimate finding of no discrimination as an implicit determination that "independent living” is a permissible criterion for a refusal to rent to a handicapped person and does not violate § 502 of the Act.
Section 502 of the Act provides in pertinent part:
"An owner or any other person engaging in a real estate transaction, or a real estate broker or salesman shall not, on the basis of a handicap that is unrelated to the individual’s ability to acquire, rent, or maintain property or use by an individual of adaptive devices or aids:
"(a) Refuse to engage in a real estate transaction with a person.” MCL 37.1502; MSA 3.550(502).
A "real estate transaction” is defined in § 501(d) as "the sale, exchange, rental, or lease of real property, or an interest therein”. MCL 37.1501(d); MSA 3.550(501)(d). The Act’s definition of a "person” includes an individual, agent, association or corporation. MCL 37.1103(e); MSA 3.550(103)(e). There is no exception to the Act’s application, and we, therefore, rule that defendant is subject to its provisions. We also note that subsection 102(2) did not take effect until 1981 and, therefore, applies in no way to plaintiff’s suit filed in 1979.
Plaintiff’s claim turns initially on an interpretation of the phrases, "ability to * * * maintain property” and "use by an individual of adaptive devices or aids”, contained within § 502. Under the Act, defendant could lawfully refuse to rent to plaintiff on the basis of her handicap only if that handicap would prevent plaintiff from maintaining the property. (Defendant did not claim that plaintiff was unable to pay the rent. Its only justification for denying plaintiff’s application was that plaintiff could not live independently.) The Act also prevents defendant from lawfully refusing to rent to handicapped persons who use "adaptive devices or aids”. Together, the two prohibitions must be read to prevent discrimination against an individual who overcomes a handicap by use of an adaptive aid or device. The adaptive aid or device, if used successfully, may prevent a handicap from being related to the ability to maintain property.
In finding that plaintiff could not live independently, the trial court necessarily equated "maintaining the property” with "living independently”. Both the trial court and defendant conclude that a prospective lessee who, because of a handicap, requires assistance from other humans to accomplish any act related to renting or maintaining property can be denied housing. This assumes, and defendant argues, that "adaptive devices or aids” cannot be read to include human beings performing certain services.
The only specific findings of the trial court pertinent to the question of whether plaintiff could maintain her apartment are as follows: plaintiff could not open the outside door without assistance, plaintiff could not descend the stairs, and plaintiff could not take care of her personal needs. The court also found that plaintiff could not satisfy standards 1-4, 10 and 11 of defendant’s definition of independent living without pinpointing testimony to support these conclusions. (See fn 1 supra.)
Before considering the validity of the trial court’s findings of fact and conclusions of law, we note that most of the provisions of defendant’s standards for admission violate the Act on their face. (See fn 1 supra.) Although plaintiff did not allege such a violation, we note that subsection 502(f) prohibits one engaging in a real estate transaction from printing, circulating, posting, mailing or causing to be published a statement or using a form of application "which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect” to a person’s handicap or use of adaptive devices or aids.
Since plaintiff did not generally attack defendant’s standards for admission, we must evaluate the trial court’s findings of fact. If the findings are not clearly erroneous pursuant to GCR 1963, 517.1, it must be determined whether the findings with respect to plaintiff’s handicaps were related to her ability to maintain an apartment within the meaning of subsection 502(a).
The trial court first found that plaintiff was unable to enter the building using the existing key-card system without assistance. This was a violation of defendant’s first eligibility requirement. Each resident of Lurie Terrace receives a small card which is inserted into a slot. When inserted, a latch in the door releases electronically. The card must be held in the slot with pressure at the time the handle is turned. The handle is too far from the card slot to work both with one hand, and plaintiff was thus unable to open the door and operate the card with her one good hand. Plaintiff presented expert testimony by a University of Michigan reserach associate in engineering. The witness, Stuart Cohen, testified that a piece of cardboard could be attached to the plastic card which would provide the constant pressure necessary to activate the electronic release, allowing plaintiff to take her hand off the card and open the door. This testimony was uncontradicted by defendant.
We find that the trial court’s conclusion that plaintiff could not use the existing card system was clearly erroneous. The trial court ignored plaintiffs expert testimony that her own personal card could be adapted to enable her to open the door by herself. The Act expressly precludes discrimination against persons who used devices or aids to overcome handicaps.
We also find there was little or no evidence to support the trial court’s finding that plaintiff was unable to exit from the building by stairway in a fire emergency and was unable to open the exit doors without assistance. Plaintiff testified that she could walk with a cane, walk short distances without one, and climb stairs with the help of a railing. Defendant’s witnesses testified that a stairwell was located at each end of the apartment building and that the stairwells were protected by three-hour fire doors and fire walls. Evacuation from the upper floors would occur only if a fire threatened to break through the fire walls. Under these circumstances, there was no showing that plaintiff would be unable to exit from the building by stairway in case of fire. The trial court made no specific finding that plaintiffs testimony regarding her ability to climb stairs was incredible. It did find that she moved very slowly without assistance. From our reading of the entire record, we reach a totally different conclusion regarding the plaintiffs ability to exit the building in the event of a fire. Stacey v Mikolowski, 367 Mich 550, 556; 116 NW2d 757 (1962). Furthermore, plaintiffs abil ity to exit via the fire stairways is only marginally related to the ability of plaintiff to maintain an apartment at Lurie Terrace. The trial court’s finding that plaintiff was unable to open the exit doors without assistance is clearly wrong.
The trial court also found that the defendant was justified in refusing to rent to plaintiff because of plaintiff’s alleged inability to dress, bathe, and care for her personal needs without help. Plaintiff’s testimony that she was able to dress herself was uncontradicted. Fürther, she was bathed weekly at her swimming class. The fact that plaintiff was unable to dress, bathe, and care for her personal needs in line with the standards of other Lurie Terrace residents because of her handicaps did not justify the defendant’s refusal to rent to plaintiff under the Act.
We are completely puzzled by provision 10 of defendant’s standards for admission to Lurie Terrace. (See fn 1 supra.) Although the trial court cited that particular provision as a ground justifying the defendant’s refusal to rent to plaintiff, the trial court did not identify those "daily living responsibilities” which it had felt were related to plaintiff’s ability to rent or maintain an apartment. It is difficult for this Court to believe that defendant prevents all Lurie Terrace residents from acquiring outside help for daily living responsibilities. This could preclude any resident from having her hair done by a visiting beautician, employing a housekeeper for certain chores, or having a son or daughter visit periodically to help with cooking or maintenance chores. Therefore, we find that provision 10 of defendant’s standards for admission is void insofar as defendant purports to use that requirement as a justification for not renting to plaintiff.
The trial court’s conclusion that plaintiff could not carry her tray from the end of the cafeteria line to the table without additional assistance and, therefore, violated provision 11 of defendant’s standards is a clear violation of § 502(a) of the Act. Plaintiff agreed that she could not carry the cafeteria tray without assistance. However, she suggested that she could carry the tray in a basket or with the use of a pushcart. Both could be considered adaptive devices or aids. More importantly, it is not clear how the inability to carry a tray from the cafeteria line to a table affects plaintiff’s ability to maintain an apartment in Lurie Terrace. We also reject this finding as a justification for the discrimination based on plaintiff’s handicap.
Finally, the trial court’s finding that plaintiff would have difficulty handling any fire emergency or getting to the phone in case of an accidental fall is clearly erroneous on the facts presented at trial and is faulty as a legal conclusion that such facts, if true, justify not renting to plaintiff on the basis of her handicap. Plaintiff testified that she had fallen before and was able to call 911 and receive assistance from a fireman. Such an ordeal could happen to anyone, with or without a handicap. Earlier in this opinion, we rejected the trial court’s finding that plaintiff would be unable to gain entrance to the stairwell and descend the staircase in the event of a fire.
In light of our overall assessment of the record, we find that the trial court clearly erred in finding that plaintiff’s handicaps were related to her ability to rent or maintain an apartment. Since plaintiff is now deceased, her prayer for injunctive relief is a moot issue. Since the court below found no violation of the statute, there was never a ruling on the plaintiff’s claim for damages. There fore, we reverse the trial court’s finding that defendant did not violate the Michigan Handicappers’ Civil Rights Act and remand this case to the trial court to allow the personal representative of plaintiffs estate to present proofs relative to the prayer for damages. See MCL 37.1606; MSA 3.550(606).
Reversed and remanded.
M. J. Kelly, J., concurred.
"Standards for Admission to Lurie Terrace
"Definition of Independent Living at Lurie Terrace
"For reasons of personal safety and harmonious living conditions within the confines of Lurie Terrace the following criteria are used by the Admissions Committee to determine the capability of each entering resident to assume the responsibilities of independent living which are currently being followed by the residents of this facility.
"1. Ability to enter the building, using the existing card system without assistance.
"2. Ability to exit from the building by stairway in an emergency situation (fire).
"3. Ability to open the doors to the exits without assistance.
"4. Ability to dress, bathe, and care for personal needs without help (to get in and out of tub safely).
"5. Each resident needs good eyesight for the following:
“a. Safe use of stove.
"b. Ability to read exit signs in case of emergency.
"c. Ability to use all doors with, card system or key to apartment.
"d. Ability to open mailbox without assistance (requires use of key).
"6. Ability to hear the telephone, fire alarms, and smoke detectors.
"7. Ability to converse with other residents.
"8. Ability to maintain apartment in reasonably clean condition and the stove in sanitary condition.
"9. Each resident needs to be mentally alert with respect to the rights for privacy or companionship of the other residents.
"10. Residents should not expect others to help with daily living responsibilities except in cases of temporary illness or other emergency situations.
"11. Ability to carry tray from end of careteria line to table without additional assistance.
"12. Residents must be able to supply food and household supplies, as well as prepare own meals twice a day plus three times on Friday and Saturday. (Lurie Térrace provides evening meals Mon.-Thurs. and Sunday noon.)” | [
-36,
10,
-49,
15,
20,
26,
70,
76,
-19,
11,
-40,
12,
20,
-43,
3,
-24,
-22,
-13,
-39,
19,
-25,
-12,
-42,
46,
1,
16,
3,
-14,
-4,
35,
26,
-12,
0,
-4,
-98,
-50,
0,
46,
-34,
-17,
14,
-27,
-8,
2,
-44,
-15,
19,
-15,
48,
-26,
-60,
34,
14,
39,
-31,
4,
7,
4,
-32,
14,
-24,
21,
-8,
-58,
62,
25,
48,
0,
-21,
-9,
23,
7,
-16,
-35,
-14,
24,
-23,
76,
13,
20,
4,
-12,
14,
-36,
-10,
-20,
-24,
0,
-1,
-34,
-91,
-15,
1,
20,
-34,
11,
-8,
19,
46,
-33,
-37,
-3,
44,
17,
-9,
10,
-15,
-7,
-17,
3,
-69,
-48,
10,
40,
-16,
-28,
-27,
10,
-16,
26,
-12,
3,
35,
-23,
38,
-8,
-5,
-33,
0,
18,
38,
34,
6,
59,
-26,
21,
80,
-29,
16,
-62,
-14,
50,
-6,
40,
12,
6,
-34,
-52,
7,
-44,
-11,
34,
-1,
19,
10,
-6,
22,
0,
17,
51,
15,
-35,
27,
-39,
-21,
-48,
-30,
30,
103,
-9,
39,
23,
18,
-83,
-14,
17,
52,
-5,
-37,
-28,
-28,
7,
-21,
0,
-36,
-35,
-7,
-71,
37,
-21,
47,
-62,
-20,
34,
-45,
10,
2,
4,
-69,
-21,
9,
-25,
-12,
26,
72,
4,
-10,
0,
0,
-11,
-12,
11,
-54,
-14,
44,
-36,
5,
22,
-29,
-12,
-65,
17,
3,
10,
-29,
-31,
-25,
-56,
4,
-33,
18,
18,
23,
9,
-2,
-28,
-54,
53,
62,
27,
10,
18,
25,
-3,
-56,
-20,
-36,
-38,
-25,
-28,
29,
-18,
-23,
-18,
-28,
6,
5,
15,
4,
-6,
-1,
-36,
-12,
21,
34,
-6,
-57,
23,
-33,
0,
-5,
50,
-8,
7,
-29,
-60,
20,
-6,
46,
-20,
9,
1,
4,
9,
-22,
-6,
43,
-29,
-51,
-11,
6,
24,
-46,
-6,
17,
-51,
-9,
-15,
-21,
-8,
0,
-10,
-11,
12,
2,
25,
47,
-13,
-12,
19,
9,
-25,
33,
-17,
4,
-7,
-49,
-31,
14,
-23,
20,
-40,
-32,
68,
4,
-29,
14,
-83,
-30,
2,
-7,
46,
0,
41,
49,
2,
51,
-33,
-54,
-9,
13,
64,
24,
24,
33,
35,
-38,
30,
5,
-13,
-66,
45,
-46,
-4,
-6,
1,
51,
5,
-52,
79,
3,
26,
-12,
3,
-16,
3,
18,
4,
20,
23,
-38,
-16,
11,
3,
7,
-7,
-14,
0,
11,
59,
16,
18,
23,
18,
-25,
-23,
-63,
-38,
33,
9,
-76,
-39,
38,
32,
32,
2,
24,
52,
13,
-30,
38,
26,
-10,
40,
-16,
44,
-13,
-2,
-33,
46,
-13,
-3,
7,
-15,
11,
-3,
12,
-37,
-72,
3,
0,
-15,
27,
-52,
-4,
0,
23,
9,
27,
54,
-45,
6,
5,
-53,
46,
8,
-11,
-25,
-76,
0,
-23,
23,
-8,
5,
19,
-18,
-46,
-19,
17,
-24,
-3,
12,
-6,
3,
-28,
-49,
11,
2,
1,
-6,
0,
2,
-8,
38,
9,
-11,
-55,
5,
4,
-4,
-25,
0,
-43,
43,
7,
-35,
-56,
11,
-8,
42,
-29,
6,
60,
41,
24,
0,
18,
-23,
-41,
29,
2,
34,
15,
-10,
-2,
13,
21,
23,
-69,
-6,
-6,
8,
62,
-18,
44,
-58,
-18,
-26,
16,
18,
25,
-12,
-4,
80,
12,
10,
62,
-77,
7,
-35,
-45,
7,
-26,
-9,
20,
13,
0,
51,
25,
9,
27,
17,
-14,
4,
1,
-23,
-6,
12,
-11,
-20,
-16,
70,
4,
-7,
13,
-9,
42,
-11,
18,
-1,
37,
-23,
0,
-21,
-4,
-50,
0,
16,
-23,
0,
2,
-11,
80,
29,
7,
-21,
-5,
9,
-8,
9,
-63,
28,
14,
-54,
-52,
20,
18,
58,
-28,
20,
-7,
16,
-10,
-9,
-47,
-34,
-13,
27,
-21,
25,
-12,
13,
7,
2,
-18,
-25,
-49,
-27,
-49,
-28,
-28,
-46,
0,
8,
-39,
30,
-38,
-19,
53,
-40,
-3,
36,
-76,
-30,
20,
6,
14,
-17,
30,
-11,
-32,
24,
6,
-12,
-18,
-13,
16,
45,
33,
15,
39,
11,
54,
-10,
36,
15,
7,
5,
-18,
-26,
-61,
26,
-37,
49,
-19,
-13,
18,
-46,
-58,
-7,
-72,
91,
-48,
-45,
24,
-21,
42,
44,
4,
-8,
-9,
39,
-17,
58,
26,
0,
74,
-12,
-13,
11,
-9,
76,
12,
65,
22,
2,
-40,
-26,
-26,
-10,
-60,
-17,
10,
20,
47,
44,
-27,
-4,
24,
-27,
-8,
39,
-5,
26,
35,
26,
-3,
1,
10,
54,
-9,
4,
49,
4,
-45,
1,
19,
-47,
-37,
-24,
-12,
-8,
35,
0,
33,
30,
-63,
-7,
18,
0,
-17,
-17,
-18,
-72,
8,
-13,
13,
45,
17,
26,
-38,
17,
-15,
-4,
-9,
13,
-18,
13,
28,
49,
-6,
-8,
46,
-24,
-5,
-51,
27,
-58,
-15,
22,
-31,
-12,
-29,
11,
40,
-13,
-4,
19,
9,
-1,
-37,
-18,
-37,
-26,
0,
11,
34,
57,
45,
3,
8,
36,
-52,
-13,
17,
-38,
17,
-6,
30,
-47,
1,
-15,
12,
-2,
-24,
25,
-5,
-13,
26,
-12,
-43,
13,
4,
-31,
-11,
61,
17,
-26,
-33,
-6,
61,
45,
-32,
44,
-9,
35,
-21,
-16,
-9,
4,
20,
-22,
-26,
-20,
-44,
42,
77,
52,
-33,
23,
28,
-29,
-28,
16,
-53,
-22,
-38,
26,
34,
-42,
-6,
37,
1,
8,
-5,
1,
8,
40,
1,
22,
-23,
-18,
4,
31,
5,
-25,
1,
-23,
-1,
7,
-10,
-33,
15,
-29,
6,
16,
-12,
-56,
60,
-15,
27,
0,
11,
-29,
-26,
66,
-21,
-20,
28,
43,
28,
-24,
-2,
-29,
31,
19,
48,
33,
-13,
-45,
-11,
-27,
-37,
30,
34,
-7,
28,
51,
-32,
7,
24,
52,
-7,
-9,
-40,
12,
-14,
-18,
15,
-31,
-22,
18,
-2,
-23,
17,
-2,
-17,
35,
-25,
-25,
-7,
-21,
15,
20,
22,
-16,
-67,
11,
32,
7,
-8,
2,
-36,
-9,
-35,
35,
32,
19,
-31,
79,
-2,
5,
-1,
-6,
20,
0,
52,
-27,
-12,
-6,
-14,
42,
-13,
13,
-24,
-21,
27,
4,
0,
-13,
-40,
-4,
9,
61,
2,
7,
-10,
-10,
-19,
33,
-18,
7,
3,
-65,
43,
19,
31,
-38,
13,
20,
-1,
-1,
-50,
-1,
-15,
12,
-19,
14,
-11,
-25,
33,
-72,
-19,
14,
-18,
-59,
17,
-12,
-16,
-58,
27,
-61,
-10,
-3,
45,
15,
6,
27,
9,
11,
15,
34,
3,
68,
32,
-13,
46,
-51,
3,
47,
3,
43,
21,
-2,
30,
-8,
-38,
-36,
-39,
8,
43,
-35,
16,
-50
] |
Per Curiam.
On March 7, 1980, defendant pled guilty to charges of breaking and entering an occupied dwelling with intent to commit felonious assault, MCL 750.110; MSA 28.305, felonious assault, MCL 750.82; MSA 28.277, carrying a pistol in a motor vehicle, MCL 750.227; MSA 28.424, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). He appeals as of right. At the time defendant committed these crimes, he was on escape Status from prison, where he had been serving a term of three to five years for a 1978 breaking and entering Conviction.
Defendant contends that his pleas Were involuntary because the trial Court failed to inform him 1) that the mandatory two-year sentence for the felony-firearm conviction must be served consecutively to the other sentences imposed and 2) that all of the sentences must be served consecutively to the 1978 breaking and entering sentence for which defendant was on escape status. We disagree.
The Supreme Court in the Guilty Plea Cases, 395 Mich 96, 118; 235 NW2d 132 (1975), cert den sub nom Sanders v Michigan, 429 US 1108; 97 S Ct 1142; 51 L Ed 2d 561 (1977), held that a trial judge is not required to inform the defendant of all sentence consequences — only the maximum sentence, any mandatory minimum, and, if he is on probation or parole, the possible effect on his status as a probationer or parolee. Several panels of this Court have declined to impose a requirement that defendant be advised of the consecutive nature of the sentences to be imposed. People v Lange, 105 Mich App 263, 268; 306 NW2d 514 (1981), People v Boswell, 95 Mich App 405, 410; 291 NW2d 57 (1980), People v Cummings, 84 Mich App 509, 513; 269 NW2d 658 (1978), People v Bennett, 76 Mich App 264, 267; 256 NW2d 459 (1977), People v Larkins, 59 Mich App 199, 201-202; 229 NW2d 378 (1975), lv den 394 Mich 790 (1975).
Defendant relies on People v Mitchell, 102 Mich App 554; 302 NW2d 230 (1980), wherein we stated that, where consecutive and/or mandatory sentencing is ordered by statute, the defendant must be informed of that fact. However, we find the facts in Mitchell clearly distinguishable from those in the case at bar. In Mitchell, the judge misinformed the defendant that a felony-firearm conviction carries a "mandatory sentence of up to two years”, rather than a flat mandatory two-year sentence. The defendant in Mitchell was also incorrectly told that his sentence on the felony-firearm conviction would "run concurrently, that is, together with any sentence imposed on any other charges”. We agree that a remand is required where the defendant is materially misinformed about the consecutive sentencing consequences of his guilty plea.
However, in the present case, the trial judge remained silent on the issue rather than misinforming the defendant. Because the trial court is not required to advise the defendant of the consecutive nature of the sentences to be imposed, no error occurred.
We believe it is a better practice for the trial judge to advise the defendant of all the consequences of his plea, including, where applicable, the consecutive nature of the sentences to be imposed. However, such a legal requirement must come from the Supreme Court, either by way of amendment to GCR 1963, 785.7 or by case law. See People v Bennett, supra, 267.
Affirmed. | [
20,
7,
-3,
16,
-64,
-7,
-53,
34,
-49,
31,
-28,
-2,
-40,
-54,
26,
-10,
-15,
49,
-6,
36,
22,
1,
-2,
62,
-19,
-18,
19,
73,
-5,
70,
31,
5,
19,
-19,
0,
-2,
6,
-32,
34,
46,
46,
-22,
12,
13,
-59,
-58,
30,
37,
14,
-9,
28,
26,
4,
15,
23,
11,
-5,
-5,
36,
38,
-3,
16,
-85,
-13,
-33,
-23,
6,
39,
-32,
-36,
14,
-25,
-33,
4,
-23,
28,
12,
17,
14,
17,
-24,
-13,
26,
-41,
-7,
-3,
-23,
-44,
19,
-44,
-20,
41,
-51,
-15,
7,
-1,
-26,
-30,
36,
-36,
-19,
10,
2,
23,
47,
0,
0,
-8,
-28,
4,
-5,
20,
22,
-33,
-34,
-17,
-30,
24,
-26,
16,
-24,
27,
63,
20,
19,
-28,
3,
-33,
32,
3,
-46,
29,
50,
20,
-74,
40,
30,
34,
46,
13,
-39,
-18,
61,
14,
55,
-2,
-14,
-21,
45,
41,
-33,
52,
-37,
23,
-10,
-9,
-18,
-27,
-52,
27,
40,
-2,
-32,
-2,
5,
-33,
-45,
39,
-14,
-21,
11,
-18,
57,
8,
59,
-16,
-23,
10,
56,
18,
-44,
15,
15,
-11,
-21,
0,
-9,
17,
-51,
-43,
-16,
5,
20,
-32,
64,
0,
-38,
61,
24,
23,
13,
-30,
44,
26,
10,
-36,
22,
5,
2,
1,
-50,
-21,
-34,
-30,
-3,
-21,
-43,
33,
5,
14,
-80,
-52,
0,
-3,
31,
-37,
-12,
24,
-4,
25,
38,
14,
39,
60,
-23,
-5,
-3,
0,
54,
36,
59,
-12,
16,
-16,
40,
15,
-33,
-5,
-21,
-30,
42,
7,
-9,
3,
-35,
-22,
48,
-9,
-6,
21,
-24,
-1,
-10,
0,
-59,
68,
-41,
-2,
-58,
-30,
12,
35,
19,
-11,
-18,
1,
-14,
32,
-9,
-32,
29,
26,
41,
59,
-37,
-18,
-22,
0,
-10,
4,
47,
-41,
-50,
13,
41,
-14,
-5,
-27,
-74,
22,
14,
4,
13,
-15,
39,
-1,
13,
0,
-18,
-16,
21,
-14,
0,
0,
-18,
-12,
30,
-2,
38,
9,
-37,
-14,
2,
-11,
19,
-27,
31,
-17,
7,
12,
-36,
-3,
-4,
44,
2,
66,
21,
-20,
30,
53,
4,
-24,
2,
-36,
-16,
-4,
24,
1,
-68,
20,
1,
23,
24,
23,
-25,
-27,
-30,
-4,
3,
-36,
46,
-13,
-28,
16,
-21,
-34,
-12,
-22,
31,
62,
37,
-66,
13,
8,
-34,
0,
93,
4,
-24,
10,
-11,
18,
24,
-8,
-12,
-12,
-22,
-31,
8,
5,
-82,
-18,
-17,
-91,
-24,
-19,
25,
35,
19,
-18,
-4,
-21,
31,
23,
-2,
0,
2,
-6,
-9,
21,
-48,
33,
6,
46,
-26,
-24,
13,
-12,
17,
-24,
26,
-6,
48,
-19,
-6,
2,
-13,
3,
-27,
-22,
38,
24,
-14,
-39,
34,
24,
-91,
-12,
40,
-3,
-34,
-3,
-24,
10,
66,
19,
-30,
-37,
11,
-42,
10,
0,
-11,
-65,
-28,
21,
17,
19,
-11,
-67,
-7,
-61,
-52,
-6,
-4,
-23,
-90,
-40,
45,
-36,
2,
3,
6,
23,
1,
-8,
24,
55,
-6,
14,
-9,
9,
-16,
-14,
-31,
-29,
-48,
-73,
-9,
-7,
12,
-17,
16,
12,
-25,
24,
-26,
-16,
-27,
34,
9,
-31,
-21,
27,
35,
-10,
33,
10,
8,
25,
17,
12,
-1,
21,
17,
-61,
-20,
-72,
-13,
15,
15,
7,
66,
5,
-36,
15,
-26,
-43,
-46,
28,
66,
16,
17,
-22,
51,
30,
-24,
-27,
3,
-33,
68,
41,
0,
24,
-1,
-7,
14,
-9,
-18,
4,
4,
13,
-10,
-2,
-18,
-72,
2,
71,
-12,
-19,
-16,
16,
67,
16,
-37,
-8,
-45,
37,
39,
-5,
14,
19,
-57,
4,
-45,
12,
26,
18,
-16,
24,
64,
37,
-21,
-7,
-32,
-26,
-12,
0,
3,
1,
-17,
-15,
28,
-10,
-20,
-24,
-12,
-3,
-9,
2,
14,
8,
-1,
4,
35,
14,
49,
25,
30,
-32,
42,
-19,
-40,
-11,
-26,
21,
0,
-20,
-42,
13,
10,
-40,
-18,
-9,
-11,
-43,
-41,
-9,
-37,
-15,
-6,
42,
-21,
0,
-4,
38,
7,
4,
-11,
-17,
-5,
71,
33,
-25,
30,
26,
11,
30,
18,
-8,
-24,
18,
-36,
-15,
73,
24,
-40,
39,
33,
-22,
12,
45,
-50,
-17,
42,
55,
-28,
-71,
32,
12,
20,
14,
-16,
7,
11,
25,
-12,
-24,
36,
-37,
-38,
-22,
9,
-39,
24,
-41,
-7,
-3,
31,
30,
3,
24,
28,
-13,
10,
15,
59,
38,
-45,
34,
9,
15,
7,
-24,
-17,
19,
-7,
-20,
-23,
-15,
-77,
76,
7,
-2,
-8,
-37,
-94,
-70,
-30,
11,
-19,
-15,
14,
-8,
13,
29,
11,
-25,
27,
21,
-3,
0,
-14,
-19,
42,
14,
-43,
40,
14,
41,
3,
12,
-25,
-30,
-14,
2,
-16,
-59,
33,
-10,
48,
-9,
9,
26,
-26,
48,
57,
-18,
-27,
14,
6,
35,
-15,
15,
-39,
-1,
-19,
-16,
6,
-11,
11,
-18,
-28,
4,
3,
30,
-11,
-32,
17,
-16,
-26,
-4,
-37,
-38,
-38,
-14,
-21,
6,
6,
-22,
-1,
14,
-25,
33,
30,
21,
28,
29,
10,
24,
48,
7,
54,
-10,
-32,
-3,
1,
-13,
38,
7,
18,
6,
-43,
47,
20,
-28,
13,
-25,
38,
-11,
-3,
11,
-6,
-37,
-35,
-25,
17,
-32,
-2,
14,
-2,
17,
45,
48,
0,
-46,
-4,
19,
-47,
6,
34,
-23,
67,
-5,
12,
-9,
33,
-32,
39,
17,
16,
-15,
-18,
-45,
-13,
15,
-17,
28,
33,
-11,
0,
2,
-7,
-11,
23,
8,
-18,
-36,
0,
-22,
-17,
-16,
71,
4,
-35,
21,
-34,
0,
-11,
-22,
-13,
-31,
61,
23,
37,
-35,
-54,
-35,
-82,
30,
0,
22,
-55,
11,
-23,
-10,
36,
-3,
-10,
-41,
72,
-32,
-38,
6,
48,
19,
20,
51,
-14,
3,
-14,
43,
19,
13,
33,
-11,
-44,
-20,
37,
-29,
-31,
46,
62,
30,
31,
-8,
-33,
-15,
-41,
8,
-14,
-1,
-38,
-61,
3,
-31,
41,
-15,
35,
-51,
-37,
-17,
-31,
33,
-76,
38,
-9,
-27,
-19,
-37,
-27,
-4,
12,
-2,
-14,
29,
32,
18,
-7,
-9,
-60,
-5,
8,
-45,
40,
-14,
32,
-36,
-44,
-17,
19,
-46,
4,
19,
36,
7,
-1,
1,
-15,
-44,
0,
-69,
5,
-27,
-15,
16,
22,
42,
-41,
-40,
7,
16,
13,
46,
20,
4,
22,
-13,
-13,
20,
-9,
25,
1,
-8,
-34,
-4,
-24,
51,
-28,
-18,
4,
-17,
16,
-17,
-22,
30,
6,
52,
-43,
39,
-18,
41,
-7,
15
] |
To compel respondent to refund the purchase money, with interest, paid by relator as purchaser at the tax sale of certain lands in Monroe County, for taxes of 1867, the tax title having been held void for illegality in certain ditch taxes, by the Circuit Court for Monroe County.
Denied July 15, 1874. | [
-35,
-9,
-8,
12,
8,
72,
12,
2,
-1,
23,
-34,
-15,
-22,
-13,
10,
-2,
23,
60,
-6,
25,
-11,
-24,
-11,
-17,
-24,
-24,
18,
-4,
-28,
-27,
-13,
-17,
-36,
6,
37,
-39,
-38,
-1,
-5,
-17,
-55,
24,
-59,
40,
14,
-40,
-49,
-50,
-20,
-2,
17,
-35,
-49,
-28,
-7,
9,
31,
-48,
-7,
-30,
-9,
5,
-12,
51,
16,
5,
-87,
-8,
22,
-19,
6,
-35,
35,
-43,
97,
27,
-32,
0,
-24,
32,
11,
36,
14,
-28,
2,
-4,
4,
0,
1,
-8,
-16,
-6,
-34,
23,
36,
31,
-2,
12,
-2,
-30,
-10,
0,
40,
34,
33,
-32,
15,
8,
-22,
-52,
58,
-22,
33,
-58,
16,
6,
-7,
-74,
35,
-44,
-19,
-11,
20,
9,
17,
-16,
6,
8,
-26,
-25,
41,
-6,
-27,
-20,
-16,
-55,
-20,
-20,
-52,
2,
-11,
-7,
15,
-6,
5,
-21,
85,
-24,
13,
31,
-51,
-2,
8,
23,
-3,
1,
67,
-17,
-7,
-47,
7,
22,
-46,
-5,
-1,
12,
6,
27,
-6,
11,
79,
10,
21,
6,
-15,
-58,
12,
0,
-1,
41,
27,
-11,
21,
29,
25,
-53,
27,
-13,
0,
-2,
11,
-24,
39,
-10,
19,
43,
-14,
-32,
-37,
44,
-2,
-28,
-25,
-7,
30,
-64,
30,
-24,
-39,
47,
-58,
-18,
20,
3,
-14,
33,
3,
53,
-5,
-5,
45,
42,
17,
67,
-38,
0,
25,
44,
37,
52,
-11,
4,
19,
-24,
-23,
-9,
58,
-12,
13,
36,
-54,
20,
9,
-4,
-23,
-31,
-25,
64,
11,
-22,
-38,
-58,
-63,
12,
-26,
5,
23,
-22,
-7,
-1,
25,
19,
-2,
-32,
-33,
-60,
-9,
22,
35,
-15,
3,
10,
-30,
14,
35,
-8,
30,
9,
-11,
30,
-22,
-64,
66,
23,
0,
53,
4,
22,
13,
-10,
1,
10,
52,
-11,
-62,
33,
-28,
15,
21,
2,
-41,
10,
-3,
22,
-5,
-32,
35,
-13,
23,
-6,
10,
-3,
0,
53,
2,
-19,
17,
-30,
-17,
9,
0,
26,
9,
35,
-42,
4,
16,
-49,
22,
6,
-2,
-6,
-3,
6,
47,
12,
25,
-50,
-7,
20,
53,
72,
5,
8,
45,
-7,
-45,
40,
75,
88,
-16,
0,
-4,
25,
-4,
45,
-27,
23,
23,
37,
48,
14,
17,
-55,
6,
1,
-16,
3,
54,
31,
-7,
-2,
-25,
33,
16,
1,
10,
-41,
8,
-49,
-9,
-46,
-10,
-16,
7,
16,
0,
-38,
-63,
-34,
46,
34,
4,
-9,
16,
-30,
22,
-18,
-34,
24,
-29,
33,
1,
14,
-35,
50,
31,
54,
15,
-2,
41,
-19,
-21,
4,
-30,
-14,
14,
17,
36,
8,
14,
-16,
-36,
-31,
-19,
-5,
-18,
24,
33,
24,
-6,
-20,
43,
-58,
-23,
22,
9,
-14,
-18,
47,
-4,
24,
19,
4,
-47,
-27,
-55,
-5,
17,
17,
-42,
-33,
-27,
-40,
33,
68,
40,
-29,
6,
-29,
5,
18,
-33,
-20,
31,
-15,
-21,
-8,
-20,
39,
-24,
63,
34,
-52,
3,
-25,
18,
-52,
21,
22,
29,
-48,
-58,
-10,
-24,
-51,
-6,
-19,
-29,
28,
2,
-30,
33,
43,
42,
-12,
-28,
-14,
59,
41,
-34,
49,
-1,
17,
17,
35,
-5,
38,
-1,
12,
14,
-17,
-9,
-7,
14,
39,
-31,
-7,
21,
-38,
-40,
26,
-75,
-57,
33,
17,
13,
0,
2,
43,
36,
-31,
-53,
-34,
-56,
-61,
12,
40,
-3,
54,
23,
0,
-38,
-5,
-40,
21,
-36,
-19,
-17,
-94,
-16,
20,
18,
42,
-39,
-2,
-12,
-103,
-23,
14,
-17,
-40,
8,
-81,
24,
-14,
46,
-28,
-27,
80,
-17,
-31,
22,
-19,
64,
-42,
-73,
-49,
39,
40,
-36,
-36,
2,
-36,
22,
31,
-50,
28,
-1,
17,
-92,
42,
-5,
19,
13,
-2,
6,
41,
46,
-70,
-54,
49,
11,
9,
65,
-7,
-4,
24,
-6,
2,
21,
13,
19,
29,
56,
31,
22,
-26,
13,
17,
33,
39,
24,
-15,
-31,
11,
22,
26,
-77,
42,
0,
0,
3,
12,
-72,
49,
-18,
9,
-2,
-24,
-29,
-50,
-77,
-25,
0,
-25,
-1,
-16,
-26,
-7,
-12,
2,
46,
-4,
20,
-13,
-35,
-38,
8,
3,
61,
-44,
-18,
43,
25,
-2,
28,
32,
53,
37,
-64,
-27,
-7,
-34,
-17,
-7,
16,
95,
-43,
26,
28,
10,
5,
-17,
8,
7,
25,
1,
10,
-10,
31,
-42,
-1,
15,
-25,
23,
-43,
55,
-10,
36,
32,
52,
-7,
33,
-18,
27,
-19,
-41,
-40,
-44,
2,
23,
13,
2,
28,
22,
39,
0,
-9,
-25,
-20,
-40,
10,
-29,
-3,
-38,
8,
-37,
35,
35,
-25,
25,
36,
-28,
-12,
1,
-11,
30,
14,
-31,
-19,
-4,
-46,
19,
9,
-8,
-23,
5,
-60,
-9,
8,
-35,
-37,
74,
0,
-9,
-40,
10,
-41,
0,
-6,
33,
2,
40,
-10,
35,
-13,
-19,
62,
0,
-24,
16,
-34,
-18,
28,
-15,
6,
9,
-3,
-23,
37,
-36,
-3,
28,
3,
-48,
35,
-13,
-4,
-56,
8,
4,
-13,
-24,
-25,
37,
38,
76,
59,
-8,
-39,
31,
-39,
51,
50,
31,
-9,
-11,
-54,
19,
11,
-15,
-63,
-69,
20,
-11,
-1,
98,
0,
-8,
37,
50,
-14,
19,
-5,
27,
28,
9,
-53,
17,
21,
-33,
15,
3,
19,
-68,
18,
-12,
31,
-45,
-56,
4,
16,
3,
-5,
0,
-9,
-17,
-76,
8,
-40,
-16,
-9,
-21,
-65,
50,
30,
10,
0,
2,
41,
8,
-1,
-5,
-23,
11,
32,
10,
18,
49,
47,
10,
-74,
25,
62,
54,
47,
-18,
-49,
-9,
2,
-19,
-26,
26,
-27,
3,
-19,
-23,
-4,
33,
-17,
2,
19,
11,
-2,
-21,
-18,
-44,
7,
-16,
-11,
11,
-27,
20,
-50,
-31,
30,
7,
57,
19,
7,
16,
-54,
-53,
-81,
-51,
-25,
-85,
-8,
30,
52,
23,
-21,
-14,
-68,
-60,
14,
-21,
-5,
-31,
-4,
44,
-25,
65,
-1,
-44,
29,
-42,
-14,
27,
30,
-37,
16,
-18,
-49,
-23,
19,
79,
63,
36,
18,
-31,
47,
22,
-46,
-11,
-22,
-22,
36,
33,
13,
16,
9,
-36,
-19,
78,
29,
63,
12,
-16,
-62,
23,
24,
4,
-4,
54,
3,
-26,
14,
-13,
-8,
-58,
2,
0,
-47,
-20,
14,
30,
-4,
-12,
10,
-45,
23,
-54,
9,
10,
-54,
20,
-36,
1,
-25,
-59,
40,
-50,
26,
-27,
71,
-54,
38,
-13,
-43,
20,
23,
19,
-3,
-13,
29,
20,
82,
-2,
16,
-18,
0,
9
] |
To grant a new trial.
Order to show cause denied October 4, 1892.
Plaintiff recovered a verdict for $6,300, but claimed a much larger sum. The reason relied upon by the relator here is that one of the jurors on his voir dire testified that he had no knowledge of the facts of the case, and had not formed or expressed an opinion in regard thereto, and neither relator or his attorneys had at that time any knowledge or suspicion that said juror had any knowledge of the cause, or had formed or expressed any opinion in regard thereto; but on the motion for a new trial relator showed that one Randolph, a witness in the cause, whose testimony related to the only disputed point in the case, was the father-in-law of said juror, and before the trial said witness had told the juror his story, and that said juror had before the trial expressed an opinion in the cause, and pending the deliberation of the jury, he had vigorously opposed any allowance to relator of the major portion of his claim. As to what occurred pending the deliberations of the jury, affidavits of the other jurors were presented. | [
-8,
-31,
-38,
5,
42,
-37,
24,
3,
-42,
22,
3,
-82,
35,
32,
-18,
-26,
15,
-46,
61,
-54,
0,
1,
-17,
28,
32,
-23,
43,
-32,
-20,
-84,
16,
-24,
-44,
-6,
-17,
-23,
-59,
-12,
-45,
-1,
22,
23,
27,
-15,
-47,
-12,
-40,
-25,
11,
52,
14,
-59,
-35,
13,
14,
24,
14,
55,
-31,
20,
46,
-41,
-21,
-14,
6,
36,
-54,
-64,
-59,
39,
-46,
-38,
46,
-31,
-9,
-80,
-71,
-13,
0,
16,
62,
-29,
10,
39,
-19,
-5,
-6,
-63,
8,
-5,
5,
-16,
-29,
21,
28,
-19,
28,
31,
26,
43,
17,
-3,
6,
-26,
1,
18,
-24,
30,
19,
-18,
14,
23,
36,
-16,
-17,
-4,
-60,
-32,
-4,
-50,
-13,
-36,
21,
-25,
19,
68,
24,
-19,
0,
-27,
-4,
4,
13,
8,
-25,
-42,
-5,
-1,
-45,
-5,
58,
-5,
1,
-43,
49,
38,
-7,
-2,
-13,
42,
14,
73,
3,
53,
11,
-17,
28,
-29,
47,
19,
51,
69,
-53,
-15,
24,
-28,
-7,
-57,
50,
-28,
11,
11,
29,
-9,
9,
-9,
39,
-66,
-35,
2,
-2,
67,
8,
0,
29,
-53,
-42,
14,
-1,
0,
-10,
-20,
-20,
38,
43,
-3,
19,
-51,
60,
9,
14,
-5,
-34,
1,
4,
15,
9,
-56,
-17,
-13,
-18,
7,
-42,
-73,
15,
-25,
29,
-1,
-2,
-29,
-6,
60,
12,
7,
-45,
10,
48,
37,
-20,
29,
4,
10,
-79,
-32,
9,
2,
17,
-23,
17,
28,
-22,
-2,
40,
-23,
7,
35,
-23,
14,
-35,
-8,
38,
47,
22,
-7,
-75,
8,
-28,
-3,
-16,
-32,
-20,
61,
4,
-4,
-18,
-17,
-1,
31,
30,
-11,
10,
-93,
9,
-11,
1,
-13,
-2,
-3,
-1,
57,
-39,
23,
-15,
-15,
-57,
-4,
-15,
5,
-19,
53,
72,
-9,
13,
-23,
29,
57,
-27,
44,
19,
-24,
-15,
1,
35,
11,
-49,
-12,
27,
-26,
-38,
16,
-24,
34,
12,
33,
38,
33,
-42,
16,
-10,
-9,
-21,
-8,
-24,
-47,
-38,
6,
4,
-5,
-2,
16,
-47,
31,
-38,
24,
21,
-31,
-8,
30,
26,
21,
39,
-3,
-44,
-29,
26,
-3,
-7,
-39,
-23,
33,
3,
2,
3,
-7,
-38,
-20,
-40,
-38,
0,
-21,
57,
-4,
25,
10,
70,
-21,
26,
-47,
-26,
44,
-32,
-1,
6,
-54,
-9,
-41,
-2,
7,
-63,
36,
-62,
-2,
19,
-46,
37,
52,
14,
13,
5,
25,
15,
-23,
-3,
5,
19,
77,
-37,
-26,
-18,
-39,
0,
19,
33,
20,
-26,
19,
-6,
-8,
2,
5,
72,
31,
0,
-16,
11,
-35,
35,
15,
3,
-15,
5,
-34,
-7,
-8,
39,
0,
28,
-13,
12,
-64,
-10,
-5,
-4,
-32,
22,
63,
-13,
8,
10,
-28,
-35,
23,
-34,
52,
28,
-20,
-11,
-23,
44,
41,
-17,
5,
16,
9,
18,
-3,
20,
6,
26,
16,
-15,
-10,
-40,
33,
40,
-4,
-7,
37,
-9,
62,
43,
2,
50,
-12,
-26,
30,
19,
-27,
43,
16,
5,
-2,
-14,
-19,
8,
34,
-1,
0,
12,
-17,
-19,
-7,
-15,
0,
-56,
-10,
-27,
11,
22,
16,
-69,
41,
-3,
-9,
65,
-16,
3,
-83,
27,
-40,
19,
19,
-27,
-20,
17,
-34,
-14,
-22,
-42,
-12,
-7,
-12,
-34,
-29,
-31,
-32,
-59,
30,
-17,
-58,
45,
10,
25,
-4,
-45,
22,
-1,
-31,
3,
23,
-24,
20,
30,
-38,
6,
3,
-32,
4,
47,
11,
30,
0,
47,
20,
-40,
-15,
47,
-38,
-6,
-27,
16,
-20,
-25,
0,
4,
-35,
43,
-22,
42,
27,
9,
-14,
-13,
49,
-12,
-9,
-49,
56,
9,
-9,
-44,
9,
-29,
-31,
15,
-11,
24,
-15,
-37,
15,
-60,
44,
-42,
0,
-48,
3,
-21,
0,
17,
21,
25,
58,
-38,
-10,
-10,
-22,
24,
34,
23,
-7,
13,
7,
-11,
-10,
19,
10,
-13,
16,
-10,
59,
-6,
-7,
-1,
-31,
-27,
-58,
-20,
-40,
-23,
-24,
3,
-12,
0,
-12,
-31,
12,
8,
11,
-10,
-9,
4,
39,
-5,
-48,
-60,
-56,
7,
42,
-22,
-55,
-27,
12,
29,
-7,
4,
24,
22,
-17,
14,
-6,
20,
-6,
-5,
-18,
0,
-24,
45,
25,
12,
17,
35,
-16,
36,
27,
-28,
0,
-29,
44,
-51,
32,
0,
-34,
9,
25,
-1,
32,
-44,
21,
17,
6,
0,
-10,
22,
63,
56,
30,
2,
-9,
-13,
-5,
4,
-46,
3,
-11,
20,
-38,
3,
4,
76,
-11,
11,
-5,
-37,
-5,
35,
-33,
15,
-41,
26,
-18,
12,
-35,
36,
40,
-39,
11,
47,
14,
25,
-31,
7,
14,
0,
28,
-22,
51,
-14,
-15,
34,
-4,
-27,
0,
26,
-48,
-26,
4,
-17,
35,
-10,
29,
15,
-9,
-11,
18,
-27,
54,
-34,
-46,
-11,
31,
53,
31,
-6,
-63,
-55,
25,
-6,
-24,
4,
53,
-50,
-22,
22,
-30,
-15,
12,
22,
32,
41,
-20,
35,
-11,
-15,
6,
6,
-49,
54,
2,
-35,
29,
50,
-22,
-16,
28,
-1,
-30,
-8,
-55,
-18,
27,
-11,
31,
18,
36,
4,
11,
4,
42,
23,
2,
23,
-15,
-31,
0,
-11,
-47,
-25,
-12,
25,
4,
2,
25,
36,
-9,
48,
7,
-23,
-26,
-25,
23,
29,
-88,
-4,
21,
7,
-12,
58,
33,
-67,
-31,
34,
18,
-45,
34,
-9,
-55,
-59,
0,
-66,
-27,
24,
15,
-25,
0,
-63,
-47,
18,
5,
36,
56,
-26,
1,
44,
-14,
60,
-1,
37,
46,
14,
-42,
70,
-27,
-71,
-3,
-26,
68,
-27,
13,
12,
11,
-18,
-18,
-2,
60,
-20,
-13,
31,
-22,
-68,
33,
12,
10,
49,
-13,
-15,
-5,
-23,
-33,
0,
20,
-16,
1,
-14,
67,
65,
-54,
5,
43,
-5,
30,
35,
-48,
20,
-36,
37,
-19,
38,
11,
-14,
7,
-3,
22,
-33,
-19,
-11,
-71,
58,
-26,
-1,
-14,
-4,
-3,
21,
-16,
30,
49,
-26,
-37,
-65,
-5,
45,
-38,
-22,
30,
-33,
-20,
-33,
26,
9,
59,
-11,
-42,
7,
-1,
74,
-2,
28,
-15,
25,
-20,
28,
29,
32,
9,
12,
34,
-38,
30,
11,
0,
36,
26,
-21,
-56,
-43,
-26,
31,
-84,
-42,
10,
0,
-21,
3,
-45,
-15,
16,
-10,
-8,
-20,
-2,
-7,
0,
-39,
23,
-16,
34,
24,
38,
31,
48,
-38,
-1,
71,
-8,
9,
-29,
0,
52,
23,
13,
10,
-36,
3,
10,
-55,
26,
15,
-61,
23,
-10,
27,
6,
32,
24
] |
To compel the commissioners to receive and acknowledge relator as a member of the commission, where the charter pro vides that all officers appointed by the council shall be appointed by a majority of the members-elect, and at a meeting of the council attended by eleven out of twelve members of that body, acting -upon the nomination made by the mayor, six of those present voted for relator’s appointment and five against it.
Denied July 1, 1886.
Held, that the charter provision applied to members of the police board. | [
69,
-48,
-7,
-21,
18,
33,
-6,
26,
12,
23,
52,
-26,
30,
51,
25,
23,
24,
34,
-3,
-7,
29,
-40,
-50,
6,
-56,
45,
28,
-16,
-71,
-4,
-29,
-33,
61,
-28,
-28,
-25,
-73,
8,
53,
28,
54,
16,
5,
-2,
-28,
-15,
28,
-3,
-97,
-54,
-32,
55,
-12,
92,
-12,
32,
-4,
-66,
12,
31,
-77,
-7,
-50,
43,
-3,
17,
-34,
43,
70,
-25,
23,
-42,
-50,
-26,
57,
41,
0,
-91,
11,
37,
-11,
48,
0,
-10,
26,
14,
-3,
-13,
40,
-42,
10,
-2,
-23,
30,
-40,
-4,
8,
-61,
40,
-29,
31,
-38,
-10,
5,
21,
-33,
3,
33,
73,
-37,
11,
-15,
27,
-44,
15,
33,
-47,
16,
17,
-31,
20,
21,
35,
-2,
-15,
-19,
38,
-34,
-56,
5,
-43,
-35,
84,
-10,
3,
6,
-3,
20,
32,
5,
-18,
88,
11,
-17,
-45,
-28,
-50,
-14,
-41,
23,
40,
-29,
66,
51,
-30,
-39,
14,
-26,
47,
-3,
-56,
8,
-24,
-12,
-13,
4,
-59,
-27,
-27,
58,
-1,
84,
31,
24,
9,
-88,
-39,
18,
-23,
-40,
36,
41,
-3,
9,
27,
-30,
-5,
-55,
16,
-40,
-31,
-28,
-38,
-20,
46,
3,
-10,
4,
-9,
36,
-6,
88,
-58,
39,
-26,
-54,
-42,
-5,
11,
30,
-25,
2,
-21,
-11,
31,
29,
16,
-3,
20,
-18,
16,
-6,
27,
64,
-76,
0,
-17,
56,
-13,
25,
55,
-15,
7,
15,
5,
3,
-33,
82,
32,
-24,
-24,
47,
15,
34,
-24,
-40,
13,
-14,
-27,
18,
11,
6,
52,
23,
-55,
18,
-24,
17,
53,
-13,
23,
-34,
43,
22,
-36,
-65,
18,
47,
14,
13,
-24,
37,
-9,
18,
-13,
62,
-3,
-39,
24,
60,
-16,
-5,
12,
18,
-54,
0,
-10,
-8,
-65,
-6,
25,
26,
62,
32,
31,
19,
14,
18,
34,
-44,
24,
44,
-2,
27,
2,
-22,
12,
6,
80,
27,
55,
-51,
-36,
35,
-24,
-3,
-9,
10,
-29,
15,
-15,
-4,
-7,
-32,
-50,
-6,
38,
46,
33,
-59,
-16,
-33,
-35,
11,
58,
34,
21,
25,
-16,
5,
-22,
-8,
0,
-16,
-2,
0,
-35,
-21,
-3,
29,
0,
41,
-24,
-26,
-17,
22,
-18,
-23,
11,
-24,
47,
29,
-56,
-13,
11,
-14,
-3,
-11,
-14,
28,
70,
19,
7,
22,
26,
-47,
22,
35,
-28,
31,
-17,
26,
10,
-32,
33,
-52,
18,
26,
-10,
-40,
40,
29,
-69,
-25,
-17,
83,
-14,
8,
47,
-15,
-28,
49,
-29,
35,
-30,
18,
-66,
22,
20,
12,
1,
10,
27,
-53,
51,
-29,
-31,
-48,
44,
-8,
6,
-43,
3,
27,
6,
17,
-10,
53,
-22,
20,
-56,
-71,
37,
-39,
-31,
-69,
-41,
-58,
-29,
-34,
-6,
-13,
2,
27,
-14,
-20,
-37,
18,
-43,
-3,
36,
40,
-16,
5,
-5,
26,
-29,
69,
41,
-7,
-15,
-17,
-8,
29,
-1,
23,
-17,
50,
-5,
-11,
-44,
-10,
23,
-8,
-16,
0,
-40,
18,
-17,
-4,
9,
-60,
-38,
1,
-44,
-19,
-12,
-24,
0,
0,
20,
16,
3,
18,
56,
6,
46,
16,
18,
0,
15,
47,
-43,
-4,
-34,
9,
-33,
49,
-1,
-8,
-36,
-17,
-26,
0,
-11,
17,
-42,
-25,
9,
-22,
44,
33,
-44,
-15,
25,
44,
-13,
-14,
12,
1,
3,
-8,
-2,
56,
19,
9,
-43,
16,
27,
1,
35,
-14,
5,
6,
11,
58,
-10,
-6,
5,
-29,
-10,
44,
-3,
-25,
-34,
-36,
23,
-12,
-31,
127,
-36,
13,
27,
5,
-14,
28,
1,
26,
53,
8,
50,
15,
-63,
80,
59,
-33,
18,
31,
22,
36,
42,
8,
-27,
7,
29,
-29,
-18,
-60,
-48,
-10,
-87,
41,
-23,
-11,
-60,
32,
12,
50,
-22,
-40,
-24,
69,
-37,
17,
-30,
-24,
46,
7,
37,
-35,
-72,
-33,
24,
34,
-7,
87,
-5,
25,
25,
-58,
-30,
10,
25,
-42,
-52,
-66,
6,
-53,
30,
8,
-28,
-32,
-37,
9,
-14,
-46,
-23,
-3,
10,
-4,
17,
-4,
-62,
16,
37,
40,
10,
68,
9,
1,
-4,
6,
14,
-58,
36,
-14,
-46,
38,
-17,
9,
-11,
16,
8,
-2,
7,
-13,
-20,
-28,
22,
7,
-10,
-26,
43,
-39,
-17,
5,
6,
17,
-43,
12,
9,
-3,
-12,
-30,
47,
50,
-19,
-8,
-1,
13,
21,
-39,
47,
12,
70,
-38,
-12,
-47,
-41,
19,
5,
-41,
-42,
4,
5,
-37,
7,
-1,
-2,
-22,
19,
-76,
-8,
21,
39,
-17,
-45,
24,
50,
32,
-12,
13,
-4,
51,
10,
38,
-63,
-60,
6,
-33,
-3,
-37,
37,
-90,
29,
-17,
-19,
15,
51,
-31,
-30,
-3,
-21,
-20,
11,
-2,
15,
-21,
-63,
29,
1,
-15,
-43,
0,
-2,
56,
-70,
35,
1,
27,
-20,
-18,
14,
46,
30,
-26,
-3,
9,
16,
4,
49,
-24,
14,
-32,
18,
-67,
-12,
3,
-7,
-26,
8,
-18,
0,
3,
-39,
-12,
-20,
2,
-45,
-24,
19,
-14,
-18,
27,
7,
-12,
-8,
-31,
62,
-1,
-74,
42,
-53,
-23,
6,
35,
4,
41,
-55,
25,
-26,
-13,
-90,
16,
44,
-50,
15,
-4,
1,
-26,
27,
-35,
63,
27,
42,
35,
78,
-2,
-31,
88,
9,
88,
13,
23,
-43,
-53,
-60,
7,
71,
33,
-51,
5,
0,
-25,
-36,
-7,
-74,
62,
-58,
28,
-16,
48,
-28,
7,
-15,
0,
31,
-11,
34,
-22,
1,
47,
44,
-54,
-47,
-9,
35,
-48,
31,
-8,
38,
-42,
-44,
38,
19,
8,
0,
15,
-16,
11,
-13,
0,
3,
-48,
33,
29,
-36,
21,
37,
44,
0,
-31,
-18,
38,
-19,
7,
16,
30,
-47,
37,
-30,
19,
-55,
-10,
-37,
-26,
35,
4,
45,
-22,
43,
-9,
-35,
-29,
6,
-45,
-37,
-57,
10,
34,
-3,
29,
-22,
-13,
-26,
-36,
14,
-14,
24,
-40,
-24,
-50,
16,
-1,
69,
40,
14,
26,
-36,
-44,
6,
-27,
-46,
-8,
-25,
24,
-21,
47,
4,
10,
-33,
16,
60,
-21,
45,
27,
-9,
24,
-46,
11,
-1,
59,
34,
60,
0,
-13,
-30,
-43,
-11,
38,
85,
62,
-13,
4,
-37,
-22,
-46,
-63,
-9,
-20,
-29,
44,
57,
29,
-60,
14,
29,
3,
-24,
-14,
-22,
-63,
-3,
-33,
-23,
-21,
-69,
8,
69,
-8,
64,
21,
-48,
-21,
-50,
-40,
1,
31,
-2,
-19,
22,
3,
26,
60,
-29,
5,
-4,
7,
-35,
-35,
19,
-42,
-15,
-17
] |
To compel' assessment of taxes to pay judgment recovered against the commissioner of highways of the township of Springfield.
Denied November 1, 1889.
Held, that the justice before whom the judgment was recovered, had no jurisdiction, and the judgment was a nulity. | [
-50,
7,
-22,
-68,
-35,
-6,
26,
9,
-33,
39,
3,
-61,
29,
26,
8,
17,
24,
1,
71,
31,
-45,
-20,
6,
11,
-44,
17,
69,
62,
-39,
26,
21,
-30,
-49,
59,
7,
0,
32,
7,
33,
7,
-30,
15,
-74,
10,
-10,
-36,
-17,
-28,
-3,
-40,
-15,
19,
-18,
29,
8,
0,
24,
-49,
-44,
12,
-51,
-2,
-1,
19,
-18,
-58,
-24,
1,
33,
11,
-35,
1,
-22,
-14,
47,
56,
-53,
-7,
30,
31,
1,
-16,
8,
42,
16,
-23,
-18,
-28,
36,
5,
6,
-7,
0,
19,
17,
54,
-2,
-18,
-6,
-51,
37,
26,
28,
51,
45,
-1,
-17,
11,
-15,
-50,
34,
-32,
13,
-81,
27,
17,
-76,
-64,
48,
-16,
7,
15,
37,
-14,
-7,
10,
-3,
-59,
43,
-21,
20,
48,
18,
31,
-6,
9,
-17,
13,
21,
64,
35,
-3,
9,
-24,
-19,
4,
8,
-22,
-70,
-8,
-12,
-21,
23,
20,
7,
31,
22,
-35,
57,
-70,
14,
41,
-31,
-11,
-15,
-14,
-25,
12,
-1,
18,
54,
12,
-5,
-6,
17,
-20,
-21,
15,
-11,
21,
1,
15,
-17,
37,
-1,
-25,
32,
-19,
19,
-105,
9,
26,
38,
-7,
-1,
32,
53,
-36,
13,
16,
18,
-3,
6,
-36,
56,
21,
9,
-10,
-36,
-33,
-83,
-5,
38,
-37,
21,
25,
84,
-36,
47,
-8,
72,
73,
42,
-58,
-40,
26,
-30,
-10,
1,
7,
0,
-14,
-40,
54,
-34,
26,
-15,
-22,
0,
29,
-32,
24,
-16,
-63,
-1,
31,
-44,
19,
-61,
0,
-2,
-42,
-13,
-17,
-32,
13,
-4,
-13,
27,
-3,
28,
68,
52,
-3,
-54,
4,
50,
15,
10,
-37,
-6,
5,
-1,
11,
0,
0,
23,
-44,
-19,
37,
-6,
-82,
37,
7,
17,
-5,
-20,
12,
28,
2,
-8,
-36,
11,
39,
-20,
41,
51,
8,
38,
-15,
25,
-5,
25,
85,
63,
-57,
-5,
-25,
-12,
-42,
25,
-6,
-24,
-21,
61,
40,
9,
-51,
-15,
10,
0,
-17,
-4,
-18,
29,
10,
-16,
6,
21,
10,
50,
14,
36,
17,
45,
-11,
-34,
9,
3,
-19,
-7,
19,
-12,
-21,
27,
-16,
-45,
-27,
45,
8,
-21,
-14,
0,
47,
-3,
55,
42,
-33,
-35,
-33,
15,
22,
-28,
-56,
31,
-28,
-26,
14,
25,
9,
76,
34,
-26,
-18,
26,
17,
1,
-28,
-14,
2,
-2,
-9,
-72,
15,
66,
-26,
30,
-24,
8,
-31,
41,
-18,
-2,
10,
-25,
2,
46,
-10,
2,
4,
-38,
-30,
6,
56,
-12,
-21,
52,
87,
-3,
5,
-57,
-14,
8,
-24,
7,
15,
26,
14,
4,
-11,
83,
65,
31,
11,
0,
-66,
-25,
37,
45,
41,
-3,
-18,
13,
-64,
-26,
-20,
0,
-35,
25,
-27,
-23,
-9,
82,
-12,
-25,
-46,
-42,
57,
-37,
40,
21,
0,
14,
19,
-22,
8,
3,
-17,
42,
-37,
-30,
-10,
-72,
4,
27,
-4,
-45,
25,
9,
-24,
-32,
44,
-20,
-85,
-10,
8,
-27,
-40,
53,
29,
26,
-50,
-58,
-12,
3,
-12,
26,
0,
-46,
15,
-12,
-5,
25,
-21,
76,
-11,
33,
13,
19,
34,
-13,
20,
-42,
18,
-21,
65,
-38,
29,
19,
-25,
11,
38,
81,
28,
-34,
-8,
-12,
72,
58,
10,
-28,
-4,
-68,
-29,
-10,
43,
-7,
-16,
37,
-9,
-17,
-4,
-18,
46,
-3,
-45,
58,
-41,
-13,
13,
11,
-6,
-10,
-1,
38,
46,
-23,
-33,
-39,
-12,
7,
-27,
22,
-12,
-60,
-72,
18,
-26,
-14,
30,
-4,
-21,
2,
-10,
2,
0,
19,
42,
-17,
-51,
31,
-7,
-6,
-34,
26,
22,
-14,
-59,
40,
-54,
-15,
12,
5,
-94,
29,
40,
-34,
15,
-2,
7,
-22,
-3,
-36,
63,
-32,
0,
-29,
1,
23,
-4,
-30,
21,
-45,
4,
-17,
18,
18,
-31,
-13,
-5,
31,
28,
21,
31,
4,
43,
-34,
4,
15,
-18,
39,
28,
11,
-25,
-42,
-12,
30,
-3,
-50,
-22,
-25,
5,
-54,
70,
-49,
57,
34,
-10,
-2,
29,
-24,
-20,
-55,
-16,
13,
50,
-4,
-22,
-24,
45,
-7,
31,
-12,
16,
-5,
22,
8,
-53,
10,
-16,
-4,
-14,
9,
21,
-14,
5,
9,
21,
12,
35,
-26,
-52,
26,
-22,
-47,
-38,
-43,
57,
19,
0,
-25,
2,
0,
40,
-36,
-69,
-89,
75,
23,
-36,
-3,
-19,
-1,
20,
8,
-9,
-25,
30,
-29,
31,
1,
19,
19,
30,
-75,
15,
30,
24,
-21,
-15,
-49,
-44,
-27,
-13,
12,
28,
61,
18,
43,
40,
24,
-103,
11,
3,
2,
-7,
-19,
-68,
12,
52,
12,
38,
10,
-27,
18,
-15,
-10,
7,
-9,
-35,
0,
-6,
-12,
48,
-18,
22,
-37,
0,
-39,
35,
-3,
29,
-22,
15,
-32,
-4,
12,
-18,
-14,
8,
-45,
2,
-45,
19,
15,
7,
-14,
-10,
10,
52,
-43,
20,
-16,
-77,
-12,
-30,
-15,
-20,
-10,
-38,
-10,
21,
51,
48,
-46,
-23,
-26,
-53,
-15,
5,
-24,
2,
-23,
-26,
-36,
16,
17,
43,
8,
25,
-18,
85,
-8,
-4,
58,
-9,
-31,
16,
-27,
40,
3,
-45,
-38,
-36,
22,
16,
-12,
19,
21,
-27,
16,
8,
-28,
-5,
-21,
7,
52,
-1,
-5,
-3,
27,
7,
-46,
14,
-36,
-39,
-23,
-18,
5,
-13,
-32,
14,
-27,
-15,
-9,
-13,
-63,
13,
-74,
57,
-35,
6,
0,
7,
-17,
23,
44,
-25,
-3,
19,
36,
-15,
-1,
-20,
9,
-16,
30,
-84,
26,
15,
12,
40,
11,
-19,
-1,
18,
9,
-6,
12,
-32,
9,
28,
45,
5,
16,
-6,
0,
-29,
7,
4,
42,
1,
62,
26,
-15,
2,
-69,
-3,
-7,
-10,
-9,
-25,
4,
-57,
-41,
-1,
41,
16,
20,
45,
-30,
-8,
-27,
1,
-4,
-43,
-44,
-79,
1,
44,
81,
5,
3,
-24,
-8,
-63,
-15,
-39,
21,
-35,
-36,
-12,
31,
52,
6,
-28,
-1,
-17,
13,
-59,
42,
-32,
-1,
-15,
10,
-13,
-14,
52,
22,
27,
55,
-12,
22,
-27,
-2,
1,
-38,
-40,
-25,
31,
51,
0,
25,
4,
-33,
20,
26,
-12,
-17,
45,
-26,
33,
7,
1,
-36,
-26,
-38,
-33,
-13,
-1,
22,
-13,
-13,
40,
-28,
-22,
-7,
-12,
-45,
2,
-28,
-44,
18,
-3,
37,
53,
-3,
13,
54,
-18,
28,
-31,
20,
-60,
28,
-20,
45,
26,
42,
0,
4,
86,
28,
0,
-4,
5,
-11,
34,
27,
16,
17,
-62,
-35,
-31
] |
To compel the circuit judge to vacate an order granting leave to bring replevin against receiver.
Denied January 14, 1891, with costs.
The.bill was filed November 28, 1890, by creditors, secured by chattel mortgage, against the mortgagors, and on the same day the solicitors for both mortgagors appeared before the court, and consented to the appointment of receivers, the court stating that such appointment was made with the understanding that it should in no way operate to the prejudice of unsecured creditors, and was not to be used to impound the property or to prevent third parties from obtaining orders granting leave to bring such actions as the court might deem such parties entitled to institute.
The contention of relators was, that it appeared from the petition that the plaintiff in the replevin suit was not entitled to bring the action. | [
-17,
-21,
-19,
38,
40,
-16,
-3,
17,
-28,
37,
10,
-27,
28,
3,
11,
36,
15,
-3,
-31,
4,
-68,
15,
32,
1,
15,
-28,
42,
-60,
-8,
0,
34,
-39,
-19,
44,
-13,
-87,
-36,
-27,
30,
-5,
9,
26,
19,
-17,
-5,
17,
-7,
2,
-39,
-1,
-9,
-47,
-32,
62,
-12,
12,
-74,
-35,
-22,
30,
-21,
-3,
30,
-3,
-20,
31,
2,
2,
-6,
-20,
29,
-18,
7,
-10,
70,
-11,
-44,
-40,
9,
-8,
34,
-50,
-4,
-21,
-7,
-9,
8,
8,
-56,
6,
-38,
56,
-53,
25,
0,
-11,
22,
20,
50,
-10,
-4,
-39,
-35,
-6,
48,
-50,
-4,
-3,
-49,
13,
31,
-35,
0,
11,
-3,
1,
-58,
-39,
25,
-4,
11,
3,
22,
-42,
-16,
6,
-3,
-49,
7,
21,
-25,
12,
-29,
-24,
6,
-27,
40,
-26,
-15,
-57,
-26,
28,
23,
-65,
-39,
-13,
31,
12,
-33,
1,
30,
38,
10,
53,
8,
12,
57,
-14,
12,
11,
32,
-7,
-31,
-50,
3,
11,
-6,
-27,
6,
-17,
52,
17,
-24,
-1,
-21,
-5,
40,
41,
-15,
-1,
36,
35,
15,
17,
43,
-62,
-23,
12,
27,
-21,
-19,
-41,
42,
19,
19,
21,
18,
-43,
12,
60,
-46,
33,
-46,
5,
29,
-67,
7,
-43,
16,
-11,
-56,
43,
-38,
-18,
-3,
11,
17,
-78,
-15,
4,
14,
53,
19,
47,
-59,
-11,
18,
-8,
53,
41,
-23,
-13,
-5,
63,
28,
-17,
0,
46,
24,
-14,
-8,
33,
33,
-15,
-37,
-7,
-31,
23,
47,
1,
10,
5,
14,
15,
18,
56,
-38,
-10,
-40,
-37,
22,
-22,
5,
-35,
28,
-10,
14,
8,
74,
12,
10,
-6,
13,
36,
29,
-8,
-44,
40,
-27,
-2,
2,
13,
-7,
-10,
-82,
-7,
32,
-22,
-3,
2,
-7,
13,
-14,
37,
0,
28,
-38,
50,
12,
-11,
-11,
-73,
-2,
-7,
-23,
-5,
10,
-46,
50,
-32,
0,
40,
19,
-23,
0,
-19,
-36,
45,
-43,
-1,
45,
-27,
12,
-12,
-15,
-10,
26,
61,
-17,
46,
-26,
-20,
-13,
-3,
4,
29,
17,
-3,
8,
13,
-6,
19,
-14,
-5,
20,
0,
-7,
-56,
23,
48,
-5,
6,
-96,
9,
29,
12,
1,
-19,
-12,
64,
12,
-39,
-41,
-57,
41,
-26,
-9,
-51,
21,
-7,
-15,
4,
-27,
-30,
-8,
27,
-45,
20,
-5,
17,
-9,
-41,
2,
54,
60,
0,
9,
25,
12,
43,
22,
4,
13,
-2,
1,
59,
-33,
-28,
-55,
41,
-7,
15,
-94,
32,
-31,
38,
-35,
-24,
-3,
47,
42,
-4,
29,
37,
2,
22,
-37,
-50,
65,
19,
0,
-61,
-30,
80,
-24,
3,
21,
12,
11,
43,
-16,
-24,
41,
0,
-26,
25,
-1,
-54,
-64,
9,
-1,
-39,
38,
15,
6,
-10,
-21,
-7,
9,
15,
-7,
12,
-8,
-4,
23,
7,
16,
34,
-17,
-36,
39,
-39,
-12,
39,
10,
-21,
-21,
25,
6,
9,
23,
19,
7,
-8,
-42,
46,
16,
-3,
-10,
3,
-43,
57,
18,
5,
-2,
-2,
-7,
-39,
16,
-6,
-15,
25,
56,
3,
-8,
-5,
-23,
-51,
-23,
34,
-7,
45,
-5,
21,
7,
1,
-21,
-41,
19,
28,
21,
-19,
30,
2,
4,
32,
6,
-8,
-1,
-11,
7,
18,
-55,
-43,
-24,
2,
-16,
18,
26,
-1,
-27,
3,
6,
39,
-51,
39,
-24,
15,
3,
-11,
-16,
36,
11,
21,
30,
34,
-27,
11,
15,
-12,
-39,
-5,
11,
50,
-50,
-26,
-47,
-32,
12,
8,
-1,
-24,
16,
-5,
-36,
-19,
15,
3,
-23,
39,
19,
-1,
-10,
2,
46,
-7,
-18,
-35,
22,
9,
-42,
27,
2,
-91,
48,
-52,
-32,
-33,
-43,
30,
-33,
-19,
0,
1,
-27,
-16,
-9,
6,
15,
40,
-56,
35,
4,
-7,
-8,
-29,
-11,
3,
4,
30,
-8,
8,
7,
24,
-36,
40,
23,
25,
18,
-25,
8,
36,
-4,
-4,
-38,
-89,
30,
3,
39,
13,
30,
32,
40,
46,
13,
42,
-4,
-29,
16,
-14,
-57,
26,
-65,
-18,
-55,
45,
10,
-5,
31,
11,
-38,
-9,
32,
-7,
20,
-17,
61,
-19,
16,
0,
14,
-61,
-4,
49,
-4,
-4,
-3,
0,
-5,
-4,
22,
-6,
49,
38,
14,
9,
-31,
29,
-21,
32,
-56,
-51,
-19,
3,
-41,
11,
53,
54,
15,
18,
40,
-23,
-5,
20,
39,
-28,
-12,
-16,
18,
4,
10,
-26,
18,
-5,
6,
-1,
-55,
12,
-11,
1,
-48,
5,
48,
-36,
78,
-26,
6,
-28,
0,
-28,
21,
-11,
36,
57,
-51,
34,
0,
-9,
-5,
-36,
-32,
-7,
-6,
-21,
-70,
14,
-47,
3,
49,
-53,
-24,
-29,
20,
25,
3,
21,
-42,
-13,
-21,
22,
18,
-55,
-56,
19,
-19,
9,
-68,
-7,
26,
14,
8,
20,
-32,
0,
-13,
15,
3,
-22,
30,
-13,
-16,
0,
-3,
-73,
38,
-26,
25,
23,
44,
3,
-9,
-14,
-25,
-6,
77,
-45,
15,
15,
8,
-58,
37,
-32,
-56,
-10,
-24,
-11,
-5,
-72,
0,
19,
-80,
-10,
-28,
0,
37,
-10,
-6,
25,
-34,
-24,
-16,
-65,
-26,
18,
-29,
6,
-4,
35,
10,
-23,
-16,
54,
45,
34,
-6,
-16,
0,
0,
-16,
-5,
11,
-62,
28,
-14,
-6,
-62,
13,
16,
57,
30,
-85,
-13,
8,
18,
-3,
-9,
-40,
17,
-12,
-5,
-4,
15,
-3,
44,
-19,
-39,
0,
-2,
-13,
-46,
24,
47,
33,
-50,
35,
-13,
-8,
23,
39,
22,
0,
-31,
-10,
-5,
-14,
1,
66,
20,
37,
-14,
2,
-17,
-47,
-1,
10,
50,
30,
-20,
4,
15,
3,
27,
-10,
54,
41,
28,
7,
-36,
-14,
1,
-23,
-16,
-18,
-21,
-9,
-58,
0,
37,
30,
8,
12,
-2,
-53,
-55,
5,
-8,
10,
-27,
-17,
-23,
28,
11,
-15,
-41,
0,
-40,
27,
14,
13,
27,
30,
22,
13,
13,
6,
-45,
3,
0,
-7,
19,
-30,
-28,
41,
-47,
-14,
37,
30,
32,
52,
51,
-47,
11,
25,
-16,
21,
51,
1,
-22,
-47,
-28,
-61,
-5,
15,
-18,
19,
42,
58,
9,
-60,
6,
34,
18,
-15,
-8,
-55,
3,
12,
-1,
-9,
5,
10,
-10,
28,
-8,
18,
18,
-48,
-39,
-11,
-36,
16,
-20,
38,
39,
-58,
19,
-54,
27,
71,
37,
4,
5,
20,
4,
15,
-2,
-8,
39,
-32,
-42,
-24,
-3,
48,
73,
-18,
6,
-31,
12,
60,
-40,
48,
-3,
-21,
9
] |
To compel respondent to issue a body execution upon a judgment for costs in favor of defendant, in an action of replevin.
Order to show cause denied May 12, 1891. | [
-43,
-29,
-41,
-8,
16,
14,
24,
10,
-14,
-7,
-1,
-52,
-12,
65,
19,
34,
18,
-19,
9,
15,
-53,
-24,
-24,
16,
-7,
-45,
37,
-34,
-5,
-29,
11,
-28,
-28,
45,
-19,
-43,
-35,
-22,
48,
-6,
29,
43,
-11,
-20,
-64,
8,
-11,
-26,
-43,
26,
20,
-12,
-32,
11,
-30,
5,
0,
-52,
-67,
45,
13,
-34,
6,
24,
-25,
49,
-40,
-17,
-60,
45,
-2,
-22,
53,
27,
4,
-30,
-53,
-2,
9,
-12,
49,
66,
-17,
13,
-9,
39,
-23,
20,
-16,
5,
1,
26,
-106,
30,
-3,
46,
-30,
24,
-5,
-8,
79,
14,
-39,
22,
0,
-54,
19,
-14,
-47,
7,
94,
5,
32,
1,
-33,
-26,
-91,
-7,
-57,
-20,
-46,
-6,
-2,
-21,
-20,
60,
15,
-57,
20,
-4,
-41,
20,
40,
16,
15,
-9,
18,
11,
-53,
-34,
34,
-14,
5,
-6,
21,
-3,
19,
29,
-51,
36,
21,
42,
-27,
89,
22,
45,
62,
-27,
22,
9,
87,
33,
-25,
-23,
48,
-22,
-18,
-13,
11,
-44,
31,
67,
34,
-24,
6,
-23,
15,
-6,
32,
32,
-16,
47,
29,
11,
9,
-10,
-1,
52,
44,
-21,
-37,
-3,
28,
67,
32,
32,
61,
-61,
66,
42,
19,
41,
-44,
-60,
-4,
-56,
22,
-32,
-37,
54,
-88,
41,
-12,
11,
-2,
30,
18,
-21,
-5,
35,
-17,
38,
21,
50,
0,
-38,
41,
80,
41,
59,
-2,
17,
12,
39,
38,
-45,
5,
0,
38,
12,
-21,
35,
28,
-9,
-18,
3,
6,
-8,
3,
-53,
45,
5,
24,
19,
-14,
29,
-41,
27,
-2,
-28,
52,
33,
2,
-17,
-17,
16,
25,
9,
50,
-63,
-9,
0,
-20,
24,
41,
-30,
-43,
3,
4,
-51,
-14,
9,
-66,
-26,
-50,
3,
9,
-36,
-42,
4,
-21,
10,
18,
27,
49,
4,
-28,
21,
46,
-83,
-17,
-89,
64,
8,
-25,
-9,
22,
-16,
-23,
-77,
-23,
-28,
-8,
-37,
-1,
33,
-28,
-24,
-10,
-28,
-8,
-29,
-24,
-47,
-5,
0,
-4,
-14,
30,
68,
-23,
-4,
-25,
32,
17,
-5,
13,
28,
-36,
10,
25,
31,
0,
-4,
-18,
21,
15,
-18,
50,
13,
-18,
13,
-10,
9,
-27,
9,
-11,
-29,
-4,
82,
46,
-76,
-4,
-32,
27,
-6,
14,
-42,
-1,
12,
-22,
16,
-28,
-71,
26,
2,
-32,
49,
-13,
40,
-40,
-11,
19,
10,
42,
49,
31,
28,
9,
-19,
24,
39,
33,
-17,
-31,
-26,
-80,
-21,
-4,
-20,
-29,
-2,
5,
-17,
6,
6,
-27,
-7,
2,
23,
35,
-2,
57,
-5,
-17,
-4,
2,
-4,
25,
-17,
20,
-43,
23,
50,
46,
-30,
-3,
-17,
-28,
-4,
-21,
7,
36,
2,
-25,
46,
6,
-52,
20,
-14,
-45,
-32,
35,
33,
0,
-8,
27,
-28,
0,
14,
-2,
-48,
-24,
-25,
17,
-7,
13,
51,
33,
-12,
-15,
-31,
-81,
-11,
1,
17,
-35,
24,
18,
-11,
-32,
3,
40,
8,
-33,
4,
45,
22,
-18,
-13,
-10,
18,
31,
-34,
-16,
21,
-12,
32,
-7,
-25,
-34,
10,
12,
-12,
-44,
42,
-25,
16,
-5,
35,
-36,
18,
-20,
6,
0,
-2,
38,
-33,
-11,
-17,
-28,
20,
19,
-9,
28,
0,
-26,
-17,
-23,
7,
-49,
32,
-59,
-15,
-8,
-2,
-7,
11,
-59,
4,
20,
-15,
-23,
0,
-74,
-9,
-26,
-62,
11,
-28,
-26,
5,
37,
0,
23,
28,
-6,
7,
34,
-2,
-47,
-24,
44,
50,
-1,
-67,
45,
-61,
-9,
5,
4,
-30,
-12,
10,
-23,
-3,
49,
21,
-28,
44,
7,
26,
-5,
55,
55,
-19,
0,
-24,
13,
37,
0,
-5,
-18,
-41,
17,
-19,
-12,
10,
18,
13,
-24,
36,
32,
-24,
-37,
29,
-18,
-15,
59,
14,
-28,
70,
-18,
-10,
-16,
-14,
-21,
-21,
-7,
6,
2,
20,
0,
-14,
29,
-6,
18,
6,
18,
0,
5,
1,
-13,
8,
-13,
-48,
-6,
-53,
-3,
-13,
-23,
20,
-1,
19,
-24,
23,
-9,
11,
9,
-65,
-51,
42,
-11,
-46,
-41,
-7,
-10,
7,
26,
11,
16,
19,
32,
-62,
31,
0,
2,
-16,
3,
33,
-17,
-29,
-43,
-10,
11,
8,
-7,
41,
19,
-18,
12,
30,
29,
-26,
-19,
-9,
27,
50,
-47,
-8,
-35,
-9,
-3,
11,
-63,
-1,
45,
88,
15,
4,
4,
-21,
-14,
16,
42,
0,
-44,
-7,
-43,
-10,
31,
-12,
-26,
32,
16,
-42,
-35,
26,
20,
-30,
-12,
-4,
-15,
2,
57,
-46,
35,
-20,
53,
-5,
39,
-24,
25,
104,
-37,
39,
-20,
52,
5,
5,
-27,
-2,
15,
18,
-18,
24,
-61,
-23,
17,
-67,
-39,
20,
0,
-2,
-13,
-46,
-69,
-25,
4,
47,
24,
-17,
21,
33,
-58,
-26,
-30,
2,
26,
10,
-4,
-14,
20,
24,
-20,
48,
24,
-33,
17,
26,
8,
-16,
36,
-76,
-3,
-17,
24,
10,
24,
14,
40,
-49,
-36,
25,
5,
-46,
-4,
-3,
-15,
-13,
35,
-91,
-25,
-12,
-16,
-41,
1,
-53,
-9,
8,
-36,
30,
-38,
-7,
-7,
29,
20,
19,
-42,
-19,
0,
-42,
-57,
28,
-52,
-25,
-24,
-5,
-36,
12,
-3,
76,
33,
86,
8,
-28,
31,
-5,
16,
6,
46,
-6,
4,
0,
-67,
-1,
9,
29,
-30,
4,
-45,
-21,
32,
-5,
-18,
-13,
-16,
49,
-32,
15,
14,
-7,
-24,
36,
-51,
-11,
37,
-35,
-32,
60,
-9,
-1,
15,
-12,
27,
4,
-34,
33,
67,
-6,
52,
-23,
-61,
10,
11,
31,
36,
10,
43,
-37,
37,
-23,
16,
15,
-19,
0,
1,
-44,
-23,
25,
14,
7,
24,
24,
3,
29,
-78,
8,
16,
20,
-45,
8,
11,
37,
44,
-16,
-38,
26,
-22,
32,
8,
-12,
3,
-53,
65,
19,
-3,
-24,
11,
-18,
67,
36,
-2,
-18,
0,
5,
0,
-9,
2,
-52,
-3,
-28,
17,
7,
-12,
-55,
33,
-42,
-12,
44,
10,
-61,
-15,
-62,
-19,
7,
15,
62,
31,
20,
8,
-19,
-2,
16,
-10,
0,
34,
4,
-38,
31,
36,
40,
51,
-25,
36,
30,
-9,
3,
-23,
45,
-34,
41,
-5,
-42,
-48,
31,
16,
-62,
-5,
43,
-11,
-58,
-20,
-32,
-29,
22,
-18,
3,
25,
-10,
36,
-16,
-52,
26,
-51,
49,
-35,
23,
7,
41,
-82,
36,
14,
24,
-2,
-14,
26,
9,
-26,
-9,
-15,
16,
-7,
-9,
-22,
0,
-1,
-37,
41,
25,
45,
-11,
11,
-24
] |
To compel the secretary of state to give notice of an election to fill a vacancy in the office of circuit judge, and the board of state canvassers to meet and examine the tabulated statement of the votes cast for such office and determine the result.
Granted February 5, 1891. | [
2,
-52,
9,
-12,
15,
57,
7,
-7,
-17,
-45,
24,
-101,
6,
49,
12,
45,
-1,
-28,
79,
-22,
-18,
-9,
-1,
-29,
4,
16,
15,
-4,
-62,
-32,
-34,
-22,
-55,
29,
-15,
-62,
-45,
6,
32,
-68,
19,
8,
-24,
-4,
-20,
9,
-51,
-15,
-38,
-4,
-30,
23,
-30,
51,
7,
46,
-46,
-87,
-48,
18,
-20,
32,
27,
12,
23,
84,
-18,
0,
44,
-28,
28,
-63,
-53,
7,
16,
38,
-1,
0,
-39,
35,
32,
10,
-14,
-34,
44,
18,
-15,
-23,
19,
-51,
-17,
-11,
-16,
-31,
18,
-17,
-17,
18,
35,
7,
2,
-22,
-10,
14,
5,
-94,
48,
24,
-35,
-83,
14,
-28,
19,
11,
8,
46,
-36,
-22,
10,
1,
-78,
-17,
-21,
-12,
-13,
54,
-59,
31,
-14,
-23,
-54,
19,
19,
-28,
79,
14,
-3,
-13,
-22,
-15,
51,
-22,
15,
-22,
-51,
-47,
1,
34,
-24,
24,
20,
57,
21,
42,
29,
36,
25,
-38,
41,
4,
-13,
74,
-17,
-53,
-24,
-25,
-41,
-61,
7,
39,
-9,
48,
30,
-6,
-14,
-71,
-7,
27,
-27,
4,
-19,
36,
12,
-3,
11,
9,
27,
-6,
40,
1,
44,
2,
62,
-12,
27,
3,
33,
-29,
-7,
17,
5,
16,
12,
-32,
-37,
-9,
-31,
-49,
-30,
6,
-51,
-9,
17,
-34,
52,
37,
-21,
5,
10,
-11,
52,
39,
55,
9,
-24,
2,
14,
5,
29,
63,
42,
53,
29,
-22,
55,
31,
-91,
-20,
10,
-55,
-21,
-1,
44,
24,
0,
-30,
-20,
40,
-3,
48,
41,
17,
-5,
27,
-5,
37,
0,
21,
5,
3,
17,
-34,
10,
-19,
-19,
-4,
69,
13,
43,
-17,
21,
25,
17,
-11,
8,
40,
0,
-62,
-24,
-15,
0,
-7,
-38,
-10,
-38,
5,
-20,
-22,
11,
12,
-84,
39,
-22,
98,
20,
8,
-8,
58,
34,
-68,
-70,
-5,
0,
8,
21,
-18,
-48,
-57,
-5,
-64,
72,
0,
0,
-37,
-12,
15,
14,
-8,
-25,
9,
-15,
-8,
-38,
16,
-30,
-2,
38,
70,
46,
12,
0,
-45,
-21,
-15,
53,
25,
46,
51,
0,
-87,
45,
-50,
55,
62,
-31,
-39,
-26,
-43,
52,
18,
-20,
17,
-5,
12,
-44,
15,
2,
-31,
54,
5,
-10,
-20,
9,
-7,
29,
-27,
25,
11,
59,
-50,
9,
-28,
34,
-36,
39,
-33,
0,
47,
79,
36,
9,
-8,
-46,
7,
18,
24,
21,
-10,
-22,
-128,
12,
79,
-63,
2,
10,
75,
-40,
-44,
-26,
9,
0,
8,
-32,
1,
-67,
37,
-72,
-18,
10,
84,
27,
-2,
7,
-48,
37,
-45,
-18,
31,
37,
15,
-26,
-5,
-38,
45,
-18,
12,
-5,
48,
46,
43,
-43,
-6,
43,
36,
-50,
29,
54,
-62,
-1,
2,
51,
-66,
3,
33,
-36,
6,
31,
15,
-33,
44,
21,
25,
5,
-25,
14,
-14,
-3,
28,
-35,
-47,
-28,
-28,
-20,
27,
-49,
36,
-80,
35,
-16,
9,
-67,
22,
9,
-20,
-101,
-15,
-26,
-34,
6,
-11,
12,
-19,
-41,
-7,
-6,
-50,
40,
19,
-39,
-50,
46,
-10,
47,
-20,
50,
31,
-36,
-7,
-47,
79,
55,
93,
-45,
-18,
-59,
-28,
-3,
38,
-50,
-9,
58,
-35,
50,
37,
61,
-6,
-27,
3,
-66,
-31,
11,
-44,
-66,
-9,
2,
3,
52,
47,
-27,
4,
-23,
27,
-19,
-3,
0,
78,
-50,
31,
-9,
-30,
2,
29,
3,
18,
46,
14,
-23,
-17,
54,
-16,
-57,
13,
-46,
-17,
-57,
0,
1,
5,
29,
-12,
0,
-92,
-13,
-50,
-60,
26,
-3,
-25,
-41,
27,
15,
-49,
-10,
18,
55,
-1,
-10,
9,
37,
4,
23,
-30,
-30,
-26,
76,
0,
9,
-35,
15,
13,
-45,
-14,
-38,
104,
-7,
-13,
-12,
72,
40,
-32,
-28,
50,
-41,
63,
67,
-11,
30,
42,
14,
-18,
-58,
-27,
36,
35,
-5,
5,
-7,
31,
30,
-72,
-58,
11,
55,
2,
42,
-39,
28,
-4,
20,
-10,
15,
9,
1,
-10,
-41,
2,
-43,
-43,
71,
-10,
-16,
-15,
-41,
-53,
-35,
35,
-23,
-25,
17,
36,
47,
4,
-9,
-31,
8,
20,
70,
-3,
10,
51,
41,
-14,
-10,
34,
39,
31,
24,
14,
29,
-11,
10,
5,
43,
-27,
-18,
0,
67,
62,
-56,
2,
-2,
21,
-15,
51,
11,
21,
26,
64,
-47,
-44,
29,
-20,
31,
4,
67,
-5,
17,
-36,
3,
-25,
44,
16,
-5,
-1,
-16,
-11,
6,
-12,
-25,
17,
-24,
-24,
25,
38,
13,
-54,
34,
-32,
61,
-14,
-24,
23,
-3,
38,
-44,
41,
-39,
38,
33,
-24,
-47,
9,
-36,
-18,
-36,
7,
1,
1,
3,
32,
2,
-5,
-37,
-24,
-6,
85,
5,
-11,
-70,
57,
36,
-42,
27,
-4,
-32,
12,
-18,
18,
27,
-2,
-14,
-11,
24,
-33,
31,
0,
26,
40,
-35,
34,
31,
-12,
-19,
-42,
17,
-21,
26,
-34,
-5,
-43,
45,
-22,
39,
-34,
44,
-40,
32,
-4,
-41,
-19,
-7,
-82,
8,
-53,
-70,
-4,
-45,
-17,
32,
14,
-57,
-22,
-48,
11,
-21,
65,
19,
20,
-21,
-13,
-20,
49,
-35,
-29,
-56,
-63,
26,
61,
-61,
-61,
28,
-30,
34,
12,
-32,
2,
-2,
24,
-42,
23,
29,
50,
38,
-74,
6,
-40,
-65,
-8,
26,
57,
-47,
-25,
0,
-70,
-52,
-8,
-12,
13,
-69,
4,
-12,
72,
-40,
10,
-76,
8,
70,
-83,
-16,
22,
9,
55,
36,
-62,
0,
-18,
9,
22,
0,
14,
-25,
-61,
-23,
-8,
6,
14,
14,
-33,
-19,
-97,
-44,
-38,
17,
-6,
9,
4,
-14,
43,
76,
45,
-20,
-4,
37,
99,
59,
39,
16,
12,
-32,
3,
-67,
19,
37,
23,
29,
4,
2,
2,
42,
-40,
27,
-17,
-26,
-43,
-3,
-32,
-18,
-21,
14,
36,
84,
35,
-40,
-7,
4,
-27,
58,
-51,
36,
-50,
-21,
-40,
-16,
12,
58,
-9,
9,
-21,
25,
37,
33,
-52,
32,
-63,
-23,
0,
10,
53,
0,
3,
-12,
3,
-6,
-18,
-8,
-29,
57,
28,
8,
0,
16,
4,
74,
3,
42,
12,
-15,
-97,
1,
31,
8,
52,
9,
28,
-30,
53,
-34,
-30,
-1,
-6,
-24,
-25,
19,
9,
1,
48,
-62,
-61,
17,
-3,
33,
-78,
50,
-51,
-50,
7,
-62,
36,
26,
34,
44,
7,
-3,
-9,
-14,
-48,
-9,
2,
-19,
29,
30,
-1,
54,
-41,
-30,
34,
70,
-43,
50,
-46,
9,
-3,
-13,
0
] |
To compel the raising of a tax to pay certain highway orders.
Granted in part January 19, 1881.
Held, that certain of the orders, which were issued for the building of a bridge, were issued without authority, and the application was denied as to such orders; that inasmuch as it did not affirmatively appear that the highway commissioners were authorized to issue certain of the orders, it must be assumed that no authority existed; that in a mandamus proceeding, to enforce the payment of money, as in any other, the claimant must make out Ms own case, unless it is admitted expressly or by implication; the burden is not on the respondent to show that the judgment is illegal.
The court has plenary jurisdiction in mandamus and will grant relief where a case is made out in part, even if it fails in other respects. | [
-29,
-1,
-23,
-18,
12,
65,
26,
-6,
-19,
26,
-35,
-4,
-8,
-46,
26,
-2,
-58,
9,
16,
42,
-49,
-33,
44,
-14,
-17,
41,
35,
53,
-47,
23,
-15,
-27,
-27,
81,
-26,
-39,
-6,
7,
71,
-1,
20,
17,
-72,
43,
-20,
-32,
-31,
-25,
18,
28,
-52,
55,
8,
12,
10,
14,
-1,
-74,
-24,
35,
-43,
-25,
13,
35,
-56,
-3,
-39,
-21,
12,
-14,
-27,
-32,
26,
-6,
32,
28,
-46,
-11,
26,
23,
-15,
0,
-1,
40,
29,
65,
-56,
-4,
-27,
6,
-24,
-59,
-12,
-1,
2,
5,
-22,
-22,
2,
-39,
52,
-60,
19,
28,
93,
-60,
-16,
-21,
-27,
-62,
56,
11,
-12,
-46,
-11,
-3,
-66,
0,
-39,
-44,
11,
8,
52,
17,
-47,
-4,
7,
-52,
-31,
-32,
-54,
15,
25,
68,
22,
24,
-20,
-14,
26,
-1,
-24,
8,
28,
-41,
-13,
-36,
31,
-12,
2,
-29,
5,
34,
36,
19,
17,
-5,
-7,
-11,
37,
-9,
16,
39,
20,
-40,
-10,
-23,
-33,
5,
-14,
13,
46,
29,
-2,
-1,
35,
-5,
-7,
26,
-15,
-62,
-31,
45,
-4,
62,
4,
-5,
-33,
47,
41,
-57,
-17,
5,
25,
10,
38,
35,
-32,
-16,
12,
51,
10,
45,
26,
-10,
-32,
-14,
-28,
-31,
-83,
36,
-31,
21,
-16,
-8,
-16,
73,
-43,
-27,
20,
-34,
5,
16,
58,
-30,
-34,
-22,
16,
33,
-14,
44,
15,
19,
-11,
17,
-4,
26,
17,
-12,
-1,
0,
-19,
43,
-30,
-45,
41,
30,
-10,
-23,
-25,
-24,
3,
-25,
-42,
13,
-3,
15,
40,
-4,
25,
-28,
54,
12,
27,
-31,
10,
-29,
33,
0,
-20,
-10,
-14,
62,
20,
-9,
-53,
0,
13,
-11,
-32,
24,
-5,
-27,
-5,
-9,
-30,
8,
-26,
-18,
27,
38,
28,
5,
39,
89,
10,
64,
-14,
5,
-1,
-17,
-29,
-18,
35,
47,
25,
-19,
-8,
-44,
-5,
-19,
-14,
-50,
-22,
-14,
2,
57,
16,
-5,
-19,
-20,
1,
31,
20,
-12,
33,
21,
9,
-4,
28,
13,
20,
0,
20,
6,
14,
-12,
11,
34,
-11,
-8,
5,
43,
-14,
-29,
-67,
-36,
12,
-36,
56,
7,
0,
21,
-43,
20,
0,
2,
-18,
-27,
-21,
21,
30,
-16,
-3,
-27,
24,
-13,
-19,
40,
-7,
-24,
56,
8,
-16,
-25,
-38,
-16,
-46,
50,
-22,
-12,
25,
7,
10,
0,
33,
19,
-18,
-19,
-57,
-13,
18,
4,
1,
34,
13,
-8,
0,
-26,
50,
27,
-3,
8,
17,
6,
-25,
42,
47,
94,
-46,
31,
-6,
-20,
33,
21,
-14,
-9,
71,
10,
-19,
11,
-9,
15,
29,
-16,
31,
-34,
17,
30,
-4,
-19,
-3,
-29,
42,
-24,
-10,
-41,
0,
-51,
-2,
-30,
-69,
-8,
8,
22,
-18,
-62,
-9,
30,
1,
-15,
9,
-7,
-36,
48,
-24,
27,
2,
-18,
-6,
-41,
19,
-1,
-12,
13,
23,
8,
-27,
49,
27,
-13,
-46,
36,
11,
-7,
-13,
-4,
19,
-12,
53,
-16,
3,
-22,
-58,
13,
7,
-13,
3,
5,
-26,
0,
38,
4,
-8,
-34,
40,
11,
-16,
3,
-26,
28,
34,
48,
-35,
9,
-13,
18,
12,
12,
-19,
34,
-61,
-60,
75,
31,
30,
1,
-39,
21,
-15,
-22,
-21,
13,
-83,
13,
16,
30,
-35,
4,
4,
33,
-6,
13,
26,
24,
-50,
16,
5,
-9,
-5,
-5,
8,
-10,
10,
-6,
37,
1,
-33,
-11,
-3,
-57,
-31,
0,
15,
18,
-58,
-29,
-28,
-25,
-28,
15,
-19,
17,
19,
-63,
-4,
28,
-33,
14,
-6,
-26,
34,
52,
-23,
37,
-2,
-1,
-58,
-16,
-41,
2,
-1,
-17,
-63,
-26,
-4,
15,
14,
36,
-39,
-41,
-60,
78,
22,
11,
-27,
6,
-14,
36,
-44,
24,
0,
-1,
-39,
65,
13,
2,
37,
15,
27,
-10,
36,
29,
26,
58,
17,
20,
-56,
-54,
12,
-40,
32,
-17,
0,
-48,
23,
-19,
40,
-15,
-22,
-51,
-4,
37,
-36,
21,
-29,
6,
-1,
12,
42,
18,
-27,
27,
-20,
-14,
-3,
14,
27,
68,
-18,
57,
3,
52,
4,
-41,
38,
38,
16,
39,
-34,
-13,
60,
-74,
25,
5,
5,
31,
-33,
21,
7,
9,
-31,
-67,
11,
-28,
-35,
-48,
-40,
15,
-33,
-54,
7,
26,
-26,
-6,
-64,
-48,
12,
23,
-4,
7,
15,
-17,
-42,
10,
29,
29,
-64,
33,
-40,
58,
49,
20,
17,
69,
-15,
-33,
1,
21,
-2,
-15,
-15,
-15,
-5,
34,
-1,
-30,
21,
-17,
-1,
-28,
93,
-56,
-30,
-1,
4,
-8,
-6,
-58,
-24,
31,
-30,
-3,
-24,
-27,
-39,
14,
-43,
0,
12,
7,
-19,
13,
-5,
-3,
-33,
15,
-11,
23,
-18,
67,
26,
2,
7,
14,
-66,
-25,
-9,
19,
39,
-17,
-8,
-44,
-14,
31,
28,
-20,
-51,
37,
5,
-26,
-10,
19,
37,
-48,
25,
-48,
-46,
51,
-5,
-49,
0,
-25,
43,
64,
1,
-26,
7,
-45,
-9,
50,
43,
-9,
17,
43,
-18,
18,
-45,
-12,
-1,
21,
-5,
58,
-22,
49,
24,
53,
-36,
19,
-3,
11,
-34,
-56,
-35,
10,
34,
-37,
-10,
24,
-1,
-12,
-4,
42,
1,
0,
45,
9,
49,
3,
5,
47,
46,
9,
-49,
-12,
-15,
-17,
-34,
-25,
6,
-38,
-51,
-19,
-21,
3,
0,
-26,
-21,
57,
-87,
55,
-8,
47,
-38,
2,
-2,
46,
17,
-12,
-34,
-1,
54,
22,
4,
-44,
0,
-66,
-18,
13,
39,
0,
-13,
-15,
-1,
7,
5,
7,
44,
-39,
-7,
-1,
-3,
0,
32,
-2,
29,
-17,
-2,
0,
40,
62,
35,
0,
-29,
13,
25,
-9,
-51,
-12,
-35,
6,
-24,
5,
17,
-20,
64,
13,
20,
30,
30,
28,
-4,
-29,
-54,
-54,
-28,
29,
-12,
-36,
21,
45,
75,
16,
-70,
-25,
-54,
9,
-24,
-28,
47,
-2,
-61,
-60,
-22,
11,
13,
-30,
1,
-41,
-43,
-12,
58,
-19,
-49,
6,
-13,
8,
-4,
43,
-4,
-48,
9,
-45,
3,
-1,
2,
-42,
-52,
18,
10,
12,
-26,
40,
94,
-34,
-10,
19,
56,
-20,
-22,
7,
-13,
49,
0,
-8,
-6,
14,
-21,
-4,
6,
-8,
1,
-3,
44,
-2,
-41,
5,
6,
-25,
-31,
7,
13,
23,
-26,
-9,
3,
53,
10,
35,
61,
10,
-2,
-29,
0,
3,
9,
-10,
20,
52,
13,
-60,
-40,
40,
-19,
-6,
43,
48,
-10,
23,
-14,
-32,
34,
-38,
-21,
-17
] |
To compel respondent to vacate an order dismissing a cause brought by Orth against the village of Carson City, for the destruction of plaintiff’s.sawmill by lire, caused by the escape of sparks from the smokestack at the village water works; where Orth died pending suit, his death-was suggested, the cause revived, and, the case being called up for trial, on motion the same was dismissed for the reason that the action did not survive.
Order to show cause denied June 2, 1896, on the ground that relator’s remedy is a writ of error. | [
-11,
-5,
5,
41,
6,
-11,
46,
13,
6,
24,
8,
-28,
3,
-20,
2,
-10,
-7,
-32,
41,
1,
-23,
-30,
-39,
5,
-17,
-84,
18,
-56,
-48,
-22,
11,
-37,
2,
2,
27,
-45,
-25,
-11,
-3,
9,
0,
13,
71,
-61,
5,
-15,
-49,
-5,
-39,
42,
-17,
-15,
-26,
20,
-33,
-9,
9,
18,
-5,
-18,
16,
-49,
-35,
40,
11,
67,
-1,
-4,
-16,
72,
1,
6,
30,
-23,
-7,
-11,
-15,
-11,
4,
63,
22,
10,
24,
2,
-3,
-11,
6,
43,
18,
14,
10,
23,
-22,
25,
-9,
26,
-59,
23,
-4,
-4,
8,
24,
27,
5,
-39,
-38,
4,
-18,
-27,
-43,
-3,
40,
2,
-36,
-31,
-1,
-30,
-32,
-4,
-18,
-12,
-17,
21,
8,
23,
41,
8,
0,
-2,
41,
-11,
-2,
38,
33,
-3,
-23,
35,
-38,
-59,
13,
10,
18,
3,
-5,
-53,
-11,
57,
16,
-64,
12,
-9,
46,
-21,
41,
-6,
45,
54,
-28,
31,
66,
86,
42,
-33,
-25,
6,
-19,
-10,
-46,
-8,
-18,
-19,
46,
-30,
3,
35,
-19,
61,
-5,
-79,
17,
4,
36,
-10,
10,
64,
-61,
-1,
45,
22,
29,
5,
-5,
-8,
62,
8,
3,
-21,
-18,
65,
1,
9,
23,
-61,
-61,
-9,
35,
0,
-2,
5,
4,
-50,
27,
-30,
-16,
9,
-9,
39,
-7,
8,
0,
-21,
63,
7,
43,
-47,
-32,
6,
19,
17,
60,
8,
-6,
-31,
-34,
0,
-4,
21,
7,
38,
-18,
-14,
59,
19,
-14,
-11,
-15,
-39,
29,
-27,
-23,
12,
-5,
34,
30,
-23,
26,
-27,
32,
-8,
-41,
47,
8,
1,
-10,
-19,
-53,
-11,
29,
48,
0,
-32,
16,
32,
-34,
5,
-1,
-20,
12,
30,
-4,
-43,
-9,
-39,
-4,
16,
51,
32,
0,
-26,
-5,
-25,
-29,
-30,
-34,
-5,
17,
-15,
2,
47,
-36,
-22,
-26,
-31,
-23,
10,
-5,
-4,
-32,
9,
2,
8,
-20,
-24,
43,
-25,
40,
2,
10,
-77,
-57,
58,
18,
-42,
-38,
-42,
43,
-29,
12,
-20,
21,
-18,
27,
-30,
40,
27,
44,
23,
6,
-81,
25,
27,
-28,
-76,
-4,
-23,
28,
72,
0,
-23,
6,
-17,
11,
2,
6,
12,
23,
-37,
-29,
-8,
18,
55,
0,
-36,
-3,
67,
8,
2,
-15,
-38,
16,
-40,
-3,
6,
-63,
45,
-33,
-30,
23,
-45,
24,
-7,
-65,
44,
-16,
23,
30,
22,
50,
-54,
0,
31,
-6,
38,
-13,
-13,
23,
-21,
-43,
-8,
6,
11,
21,
33,
14,
-31,
-60,
-47,
-18,
61,
-3,
11,
15,
18,
-15,
22,
-37,
-3,
1,
54,
0,
47,
-48,
-19,
-14,
39,
15,
29,
-33,
14,
5,
40,
34,
20,
29,
-18,
47,
-6,
35,
-32,
-2,
-53,
-33,
10,
3,
-15,
-16,
-33,
-1,
18,
-35,
14,
34,
4,
40,
18,
7,
21,
28,
72,
6,
29,
-28,
-26,
35,
-29,
27,
18,
-13,
28,
11,
-29,
-14,
-19,
5,
-58,
5,
2,
-8,
-18,
-15,
22,
26,
35,
-30,
16,
54,
63,
21,
-14,
6,
-8,
41,
9,
1,
0,
10,
-61,
-17,
0,
14,
-37,
-8,
-19,
-19,
82,
42,
13,
-4,
44,
30,
-28,
0,
18,
-4,
-16,
0,
6,
9,
-36,
-29,
-56,
-6,
-15,
-56,
23,
-10,
-64,
10,
23,
-4,
44,
-37,
-1,
-50,
-61,
9,
-48,
-13,
2,
-4,
-6,
3,
67,
-28,
-27,
38,
-27,
-2,
-29,
35,
-42,
-7,
9,
43,
-37,
36,
0,
-28,
5,
-11,
44,
-50,
-17,
-35,
-54,
-18,
35,
-15,
-10,
43,
14,
-14,
-7,
4,
25,
11,
-74,
-6,
27,
25,
-16,
0,
-19,
-38,
6,
-27,
-29,
-22,
10,
-2,
-39,
91,
-9,
-28,
-46,
35,
-43,
-9,
20,
48,
-18,
9,
-19,
39,
-9,
26,
30,
9,
-29,
-11,
26,
2,
-49,
-10,
-6,
29,
54,
44,
42,
58,
1,
1,
-20,
13,
-46,
-63,
41,
-23,
-18,
-16,
-53,
37,
-24,
-28,
11,
24,
7,
75,
-36,
-28,
-3,
28,
-15,
-45,
-51,
-28,
46,
-3,
-4,
24,
19,
-29,
10,
-15,
50,
-23,
36,
5,
27,
-2,
-24,
-32,
-1,
-36,
-32,
38,
-12,
42,
11,
1,
-53,
-21,
16,
47,
-39,
-89,
-13,
11,
-30,
-47,
20,
1,
40,
-72,
32,
-26,
21,
49,
13,
30,
8,
38,
28,
39,
-26,
28,
-31,
-8,
27,
-31,
-3,
-21,
59,
44,
23,
-19,
-1,
-30,
0,
-56,
-1,
0,
24,
-45,
14,
-26,
46,
-22,
7,
-22,
-2,
-9,
-16,
16,
-17,
10,
17,
20,
15,
-69,
-9,
-1,
18,
-2,
-21,
13,
-31,
-13,
22,
-15,
-21,
-30,
-19,
5,
1,
13,
-14,
-2,
-1,
-63,
-31,
-14,
-16,
-15,
37,
-1,
-36,
-36,
-37,
26,
61,
-12,
5,
-47,
-31,
37,
56,
-17,
41,
15,
6,
15,
31,
-86,
-5,
21,
-35,
13,
51,
25,
13,
-49,
-14,
28,
-2,
-44,
36,
17,
-14,
-33,
49,
-55,
-14,
-5,
-73,
-10,
-28,
-12,
-14,
28,
-8,
3,
25,
32,
-34,
43,
-64,
28,
-29,
-37,
2,
-9,
-10,
0,
19,
-43,
4,
32,
-36,
-19,
4,
-23,
19,
10,
9,
1,
32,
6,
36,
15,
47,
-46,
51,
21,
-9,
-29,
30,
-6,
-24,
-10,
-47,
-13,
35,
-5,
41,
-12,
-9,
-10,
20,
31,
25,
-1,
-33,
-31,
-25,
-6,
-21,
-54,
15,
27,
41,
-5,
-7,
-45,
-17,
-17,
-18,
16,
0,
-30,
63,
-77,
-55,
-8,
-39,
38,
-25,
-26,
24,
-20,
-4,
-12,
18,
-4,
11,
22,
-3,
-22,
20,
47,
43,
38,
18,
84,
-12,
29,
-59,
-54,
-9,
18,
-42,
29,
12,
18,
29,
-43,
-26,
-5,
1,
-8,
29,
-10,
23,
-33,
36,
2,
-64,
41,
-40,
9,
11,
13,
36,
-14,
-41,
-2,
-7,
30,
0,
36,
30,
29,
34,
-3,
17,
-40,
30,
-12,
-15,
-2,
1,
-34,
20,
-2,
-12,
-32,
38,
6,
27,
28,
-9,
-9,
-38,
-12,
-25,
40,
-12,
-6,
-11,
-54,
-21,
25,
2,
-7,
7,
54,
-16,
30,
-8,
-4,
-9,
44,
20,
12,
-63,
46,
9,
-28,
-1,
51,
22,
-36,
12,
-39,
-20,
-9,
-75,
-33,
2,
-10,
-9,
12,
-71,
-15,
-7,
42,
-85,
-45,
3,
52,
-16,
6,
57,
26,
63,
5,
13,
-31,
13,
-4,
3,
20,
43,
26,
-53,
20,
-17,
-10,
7,
36,
65,
17,
-19,
-18
] |
To compel respondent to quash an information.
Granted January 22, 1891.
The information charged that John Boynton on the fourth day of August, 1890, etc., “was then and there a disorderly person within the meaning of Sec. 1, of Act No. 264 of the Laws of 1889, for that said J. B. was then and there a drunkard and a tippler,” and that said J. B. had been convicted of the offense as above charged, before, etc., on September 29, 1889, and July 30, 1890, “this is therefore charged as the third offense.”
Relator insisted (1) that two offenses were joined in one count, viz.: that of being a drunkard and that of being a tippler; (2) that in alleging the offense it is not sufficient to merely set forth the language of the statute “drunkard and tippler;” that the acts which go’to make up the offenses must be set forth with reasonable certainty; (3) that the third offense is only cognizable by the Circuit Court; that the first offense was committed under the laws of 1883, before the passage of the Act of 1887, or the Act of 1889; that a conviction under a law for an offense of which justices of the peace only had jurisdiction cannot be made the basis of the jurisdiction of the Circuit Court; (4) that the information fails to show that the offense was a public one or in view of the public, and (5) that in view of the continuous character of the offense a conviction as for a third offense cannot be predicated upon one had but four days prior in point of time.
Respondent cited, Cooley Const. Lim., 330; Rand vs. Com., 9 Gratt., 738; Ross’s case, 2 Pick., 165; People vs. Butler, 3 Cow., 347; see People vs. Cox, 65 N. W., 283. | [
18,
-23,
8,
14,
8,
10,
-21,
11,
-31,
26,
25,
-60,
38,
-9,
49,
-12,
-18,
4,
17,
-28,
19,
2,
-1,
55,
-2,
-24,
14,
51,
-26,
21,
71,
-16,
4,
24,
23,
-23,
53,
-40,
44,
12,
4,
53,
-26,
-1,
-8,
0,
-44,
-11,
6,
-44,
0,
-27,
-4,
12,
12,
-21,
8,
0,
35,
51,
-46,
57,
16,
-47,
-80,
27,
-20,
-26,
-29,
-52,
-10,
-14,
-11,
-38,
-23,
-23,
-15,
21,
27,
39,
-37,
39,
-15,
51,
51,
18,
20,
-13,
28,
-33,
-7,
-36,
-9,
-12,
-15,
-41,
-29,
20,
47,
-13,
31,
-23,
-36,
35,
58,
28,
-26,
18,
-40,
-15,
21,
9,
59,
-28,
-14,
-74,
11,
6,
-65,
15,
14,
-21,
68,
22,
-22,
-42,
-46,
-22,
-14,
7,
-15,
-5,
17,
-32,
-10,
11,
-22,
49,
-11,
-31,
-24,
-29,
8,
7,
11,
20,
-71,
69,
47,
20,
-9,
27,
0,
30,
-3,
20,
28,
-64,
-14,
-12,
-55,
-7,
21,
-10,
-19,
11,
-26,
-12,
-11,
12,
6,
-17,
25,
70,
25,
-25,
-22,
-10,
-20,
22,
-4,
10,
26,
12,
18,
-39,
-4,
-11,
-23,
9,
-44,
-1,
5,
6,
14,
16,
14,
-54,
36,
-60,
-12,
2,
27,
11,
18,
-8,
-11,
34,
-25,
31,
-33,
35,
-5,
-45,
-62,
10,
21,
-20,
14,
29,
-14,
21,
34,
25,
-2,
-3,
-5,
69,
1,
52,
0,
12,
14,
30,
20,
-46,
19,
5,
26,
5,
23,
27,
-11,
-74,
6,
53,
24,
35,
-28,
27,
32,
-2,
-25,
-11,
-34,
-39,
28,
-33,
-1,
-37,
-21,
16,
38,
23,
-72,
-59,
53,
35,
5,
40,
-45,
-11,
-12,
0,
-36,
-34,
-27,
9,
-30,
29,
-10,
4,
49,
60,
-18,
-43,
-22,
32,
38,
21,
40,
-38,
-56,
-23,
7,
56,
-7,
73,
-23,
-11,
23,
-10,
29,
64,
-29,
-12,
14,
13,
-14,
-71,
43,
41,
-6,
18,
0,
-20,
-21,
74,
34,
-22,
-12,
-36,
-4,
0,
-71,
-75,
3,
-9,
2,
-14,
9,
19,
-26,
8,
24,
11,
37,
-37,
23,
14,
9,
17,
-10,
-10,
-18,
51,
-46,
11,
1,
-17,
3,
7,
6,
-22,
6,
-7,
-23,
-52,
30,
-17,
0,
-26,
-7,
-10,
26,
12,
-16,
-18,
22,
10,
-5,
0,
-28,
35,
-15,
-42,
35,
41,
7,
19,
18,
-6,
22,
3,
30,
0,
-14,
-15,
-19,
-17,
17,
78,
-15,
-23,
-44,
-27,
5,
0,
71,
-17,
-24,
0,
24,
-4,
6,
-15,
15,
39,
33,
30,
9,
9,
31,
39,
24,
-4,
-43,
-18,
10,
-10,
8,
-19,
18,
-21,
19,
16,
-20,
38,
58,
-9,
-22,
10,
38,
-30,
-62,
-3,
13,
-25,
35,
-79,
-45,
15,
2,
32,
18,
18,
8,
0,
31,
-20,
-21,
-12,
3,
-18,
-4,
10,
31,
-3,
0,
-19,
-17,
-9,
-25,
-29,
18,
-15,
-65,
-26,
-6,
45,
27,
-2,
20,
-70,
-10,
45,
33,
24,
39,
-12,
14,
4,
-2,
22,
0,
-1,
39,
-36,
17,
-71,
62,
-19,
-32,
-12,
-12,
13,
-34,
-34,
-61,
44,
17,
12,
-27,
-5,
44,
-8,
21,
0,
63,
37,
5,
-13,
9,
-11,
-5,
-48,
3,
-41,
-35,
0,
59,
19,
-5,
-33,
-33,
-4,
26,
-61,
16,
-15,
47,
-17,
-3,
-26,
29,
16,
34,
0,
-20,
-1,
17,
29,
19,
8,
6,
24,
17,
-4,
23,
-19,
-79,
2,
12,
-2,
-102,
-40,
-29,
-10,
-71,
-7,
-36,
-36,
10,
-42,
-55,
12,
-7,
41,
6,
-41,
9,
-3,
14,
19,
-63,
21,
2,
-23,
10,
28,
32,
39,
-7,
-29,
-25,
29,
-21,
-16,
-25,
-26,
-48,
12,
-9,
20,
24,
-38,
0,
-30,
-40,
2,
19,
31,
8,
3,
32,
15,
14,
4,
-16,
5,
39,
34,
-21,
-12,
10,
51,
-21,
-28,
-52,
-22,
-20,
-9,
-11,
-30,
26,
0,
-36,
9,
-26,
-29,
-27,
-2,
-44,
25,
2,
10,
-14,
3,
11,
12,
41,
8,
-75,
-5,
49,
57,
26,
62,
-20,
-17,
-13,
-20,
-3,
-43,
-23,
8,
-29,
15,
-25,
26,
1,
-7,
9,
25,
-12,
24,
1,
-4,
18,
-62,
11,
-53,
6,
28,
22,
2,
-30,
44,
16,
6,
2,
-44,
20,
-33,
9,
12,
-17,
-1,
20,
-9,
0,
-46,
29,
18,
20,
9,
-22,
-11,
23,
-21,
-4,
-32,
36,
-40,
-14,
-17,
-14,
-46,
-66,
33,
-21,
48,
-2,
-24,
9,
3,
43,
0,
-37,
9,
10,
5,
79,
-2,
-10,
84,
32,
6,
1,
-46,
4,
-49,
7,
20,
4,
22,
-67,
-32,
47,
5,
-43,
-8,
-22,
-3,
11,
-38,
-9,
-3,
-11,
57,
31,
-18,
25,
7,
-7,
63,
11,
2,
-30,
-32,
-4,
29,
-41,
-66,
-38,
-11,
7,
-6,
38,
32,
-43,
-29,
29,
3,
-64,
12,
-25,
32,
13,
-12,
48,
0,
-80,
-28,
40,
2,
13,
5,
7,
-11,
-6,
15,
8,
14,
-20,
-10,
-17,
-21,
-25,
-2,
-8,
-24,
40,
1,
-41,
18,
25,
-15,
-29,
-18,
18,
18,
-10,
-3,
-48,
-51,
-7,
-33,
-15,
-68,
10,
24,
-13,
20,
-28,
-21,
10,
8,
2,
-37,
42,
-23,
-13,
2,
31,
23,
-1,
-55,
-1,
31,
2,
18,
7,
8,
-10,
-2,
35,
11,
-51,
-20,
2,
51,
-34,
20,
-46,
8,
-12,
-4,
-8,
14,
45,
13,
33,
-33,
-4,
-11,
46,
20,
20,
9,
-39,
28,
13,
-19,
-29,
26,
1,
-1,
-18,
-15,
2,
-30,
42,
7,
33,
33,
-19,
-24,
-6,
-7,
26,
15,
51,
58,
16,
11,
-19,
24,
-24,
7,
0,
3,
-41,
28,
9,
-70,
17,
33,
14,
21,
-4,
-2,
1,
-48,
-2,
-28,
-20,
0,
-8,
-44,
60,
4,
48,
21,
-36,
-20,
-13,
28,
-37,
8,
-18,
-47,
-25,
-46,
27,
39,
35,
-23,
55,
-6,
-30,
18,
-8,
11,
-23,
22,
-26,
-14,
22,
-7,
-45,
27,
38,
-11,
5,
-1,
4,
11,
5,
-35,
-16,
91,
21,
-4,
7,
43,
7,
24,
-19,
0,
5,
-24,
4,
25,
25,
34,
-7,
-10,
-42,
9,
1,
28,
-16,
6,
4,
25,
46,
4,
-15,
-8,
-29,
-29,
23,
26,
-29,
-37,
-34,
32,
27,
1,
-24,
-22,
0,
14,
-6,
-61,
27,
23,
5,
-64,
-30,
-3,
6,
7,
-37,
18,
26,
26,
10,
-12,
-16,
64,
-44,
0
] |
To compel respondent to x-escind its action in adopting a text book.
Petition demurred to. The circuit judge sustained the demurrer. Affirmed October 22, 1896, with costs.
The rules of the board provide that no text book shall be adopted which has not been proposed at a regular meeting at least one month previous to its adoption. In January, 1895, a member of the board gave notice that he would at some future time present said text book. It was afterwards presented and refereed to a committee who reported August 3, 1895, recommending the adoption of the book. A motion was made to lay the report on. the table — yeas 6, nays 15. A motion to adopt resulted in 13 yeas and 8 nays.
Relator contended that the board was, undér the statute, compelled to adopt rules, with reference to change of text books, and that the rule referred to was violated.
It appeared, however, that one of the rules provided that any rule may be suspended by a vote of two-thirds of all the members present, and the court held that by the vote had upon the motion to lay upon the table the rule requiring the lapse of thirty •days was suspended. | [
36,
-62,
31,
7,
-6,
69,
14,
-10,
-2,
31,
-25,
-5,
19,
33,
28,
-44,
-12,
-5,
-39,
11,
25,
25,
-35,
19,
-19,
-3,
22,
20,
-10,
30,
32,
36,
-6,
42,
15,
-8,
-42,
13,
31,
-22,
35,
-27,
-11,
-26,
-34,
-22,
10,
2,
23,
-34,
20,
43,
2,
50,
3,
53,
-8,
-30,
-3,
11,
-17,
11,
22,
36,
-12,
-16,
-39,
-17,
8,
-13,
-31,
-31,
-3,
-29,
12,
19,
23,
-28,
-62,
49,
-20,
29,
-2,
-18,
9,
-3,
17,
-6,
-24,
16,
4,
5,
-43,
-41,
-11,
46,
29,
-3,
31,
-5,
11,
-48,
-11,
10,
-16,
-2,
18,
44,
7,
-10,
-39,
25,
-23,
-15,
-9,
-15,
14,
35,
12,
-53,
23,
45,
-25,
15,
-30,
12,
1,
-17,
-15,
-15,
-87,
32,
-2,
14,
55,
-8,
6,
-49,
5,
-63,
30,
0,
3,
-6,
-5,
-62,
23,
25,
-47,
-4,
4,
23,
15,
8,
-42,
-5,
47,
-25,
-11,
-11,
-13,
39,
0,
29,
-21,
22,
-15,
-45,
-9,
0,
-24,
20,
25,
35,
21,
0,
22,
20,
8,
0,
-18,
5,
44,
-19,
-14,
41,
-39,
-3,
27,
10,
-25,
-33,
5,
-66,
6,
-4,
0,
18,
9,
4,
-45,
28,
7,
13,
-16,
6,
-23,
-6,
-65,
34,
-28,
21,
-37,
20,
-15,
27,
-62,
1,
-24,
3,
-49,
25,
34,
35,
0,
-32,
27,
94,
29,
27,
-34,
77,
36,
-18,
23,
63,
-34,
16,
64,
-35,
-41,
-13,
-17,
4,
43,
-9,
-9,
0,
31,
-14,
1,
87,
44,
8,
28,
32,
-1,
40,
-32,
-48,
43,
1,
32,
37,
-18,
-37,
-1,
24,
9,
-20,
-2,
0,
-8,
11,
-14,
-13,
-36,
-87,
-12,
-30,
-25,
0,
-12,
-21,
-56,
20,
-11,
8,
36,
17,
-24,
26,
12,
37,
58,
24,
4,
47,
-17,
-63,
6,
-49,
-9,
7,
8,
29,
-53,
-47,
53,
-49,
-38,
3,
-52,
-15,
-11,
-48,
-18,
1,
-45,
25,
-75,
-29,
8,
-13,
-26,
-60,
67,
-49,
31,
-13,
-6,
-22,
6,
27,
20,
29,
2,
-38,
27,
30,
46,
20,
37,
25,
10,
-32,
-87,
-48,
-41,
-1,
-31,
29,
27,
-16,
-26,
50,
14,
-46,
25,
48,
-9,
30,
16,
-12,
10,
-11,
6,
4,
15,
-12,
24,
-22,
23,
-50,
4,
27,
36,
16,
15,
34,
-61,
33,
0,
-34,
29,
-34,
53,
-8,
31,
-2,
-29,
-7,
-28,
-9,
-10,
-2,
48,
-11,
12,
-33,
-21,
-7,
-15,
0,
-10,
-1,
-23,
-34,
17,
35,
-18,
19,
13,
-50,
18,
25,
22,
-34,
80,
3,
-5,
-55,
4,
33,
-26,
-35,
-27,
1,
-79,
3,
-43,
-46,
17,
-30,
-49,
-18,
50,
-59,
14,
-26,
-15,
5,
-54,
10,
23,
-25,
4,
38,
-6,
-24,
72,
25,
-19,
-21,
31,
37,
-62,
7,
-4,
-30,
7,
48,
9,
60,
16,
58,
-25,
11,
26,
-34,
-30,
9,
-27,
41,
10,
-7,
-4,
-4,
-21,
-16,
35,
28,
-62,
-13,
1,
7,
-51,
-15,
-15,
-14,
21,
24,
-28,
-3,
-27,
36,
5,
-27,
-24,
80,
-12,
-15,
0,
-58,
-8,
-25,
-29,
12,
-27,
8,
45,
-53,
-13,
16,
31,
-43,
-33,
-18,
-22,
-7,
54,
1,
-66,
-31,
21,
34,
14,
18,
17,
-13,
-34,
40,
-16,
17,
11,
28,
-40,
2,
-19,
-5,
-11,
9,
19,
53,
29,
-28,
-33,
19,
25,
-8,
8,
-10,
-40,
-28,
6,
4,
4,
-2,
-4,
41,
-17,
11,
-15,
-16,
17,
11,
-24,
39,
-6,
37,
71,
-43,
-66,
7,
0,
4,
25,
-8,
8,
-27,
20,
34,
-6,
-11,
7,
-50,
-8,
26,
16,
-12,
-16,
-18,
-53,
-5,
16,
3,
24,
45,
3,
30,
-32,
85,
30,
-7,
-2,
38,
-32,
-6,
-17,
-14,
-5,
-61,
-5,
41,
-27,
20,
7,
31,
22,
-5,
-63,
-1,
18,
-71,
26,
-37,
-5,
-6,
-7,
6,
54,
15,
17,
10,
-79,
-50,
7,
3,
36,
22,
36,
19,
-11,
-10,
11,
-12,
-27,
66,
0,
24,
6,
9,
-26,
-38,
-89,
40,
-10,
-30,
-12,
-26,
5,
-53,
-34,
48,
-8,
0,
0,
-2,
6,
-36,
-16,
17,
14,
2,
70,
2,
-33,
20,
44,
-14,
6,
28,
-4,
-28,
-15,
3,
29,
12,
-9,
-26,
56,
5,
30,
26,
10,
-25,
41,
8,
-7,
3,
-6,
-27,
-27,
10,
0,
-51,
-59,
48,
42,
-24,
-14,
-7,
-22,
-13,
8,
-32,
42,
12,
-7,
-31,
43,
45,
25,
41,
-20,
86,
43,
-41,
3,
-101,
-58,
7,
-26,
-7,
-5,
16,
18,
5,
86,
-27,
14,
6,
-65,
-45,
-35,
23,
-10,
17,
-39,
-2,
37,
-84,
3,
28,
-21,
9,
-17,
13,
-3,
-44,
-6,
37,
-47,
13,
3,
8,
-22,
22,
12,
-15,
56,
-52,
-20,
-43,
-19,
-40,
5,
-7,
0,
-22,
13,
-26,
-17,
-22,
21,
-4,
-7,
19,
-21,
25,
11,
45,
17,
-21,
14,
50,
-4,
-15,
10,
-27,
-40,
-6,
-4,
-17,
-61,
57,
-2,
5,
-56,
-56,
-17,
-12,
-63,
-13,
26,
-42,
36,
-4,
-30,
-35,
37,
35,
17,
19,
41,
21,
9,
19,
-6,
23,
57,
-8,
4,
-44,
5,
-69,
-13,
-24,
10,
-39,
-46,
16,
-8,
-44,
7,
-17,
-24,
29,
12,
-3,
-23,
-24,
-33,
20,
40,
-14,
-9,
-18,
34,
36,
9,
31,
-12,
38,
18,
17,
36,
6,
61,
40,
-37,
-50,
80,
-11,
-54,
-2,
1,
5,
-15,
5,
-4,
-29,
29,
10,
49,
-5,
-34,
-25,
62,
15,
4,
9,
21,
34,
-10,
-14,
-9,
-26,
-22,
33,
9,
42,
50,
44,
6,
-17,
30,
-25,
-17,
3,
-7,
12,
-27,
34,
-25,
19,
-12,
-23,
14,
-9,
40,
7,
-33,
-28,
-4,
19,
-6,
12,
-10,
3,
10,
-31,
37,
-42,
25,
30,
14,
9,
23,
25,
19,
-27,
30,
-28,
-33,
-34,
-8,
-10,
-25,
-19,
-30,
15,
0,
22,
-44,
64,
-60,
48,
-33,
-9,
13,
0,
49,
-1,
-27,
-45,
-11,
-25,
-24,
37,
-16,
39,
54,
22,
10,
41,
17,
-19,
6,
-43,
11,
-5,
-14,
24,
-50,
31,
-46,
-13,
8,
-14,
7,
-45,
26,
-26,
-23,
36,
-32,
-18,
65,
24,
47,
-26,
-41,
10,
-32,
-58,
16,
-4,
-15,
20,
-44,
5,
-1,
105,
83,
22,
14,
49,
27,
0,
40,
14,
-55,
-46
] |
To compel respondent to quash an information, charging relator and another with forgery of a certain draft for $2,000, or enter a nolle prosequi.
Order to show cause denied November 5, 1891.
The petition alleged that the testimony taken upon the preliminary examination had been taken in shorthand and had not been written out, read to or signed by the witnesses; that the testimony of one witness had not been returned to the Circuit Court; that on a former trial the jury disagreed, the evidence tending to show that the forgery was committed by another. | [
0,
-22,
47,
21,
38,
-1,
24,
0,
-37,
35,
21,
-34,
10,
0,
1,
46,
49,
-21,
49,
-79,
-48,
-21,
3,
2,
-24,
7,
21,
-15,
-47,
-47,
12,
11,
-36,
-7,
-23,
-100,
12,
-32,
-8,
-1,
0,
7,
28,
-35,
12,
-27,
-52,
-21,
-43,
35,
45,
4,
-16,
-27,
-65,
11,
-9,
-56,
17,
-28,
7,
14,
45,
17,
-110,
2,
-30,
-9,
-35,
-13,
-31,
-36,
23,
-13,
-1,
-80,
-23,
-10,
-21,
29,
63,
25,
-7,
24,
41,
4,
4,
-38,
81,
-27,
-5,
14,
-55,
-3,
-4,
-2,
-4,
49,
40,
35,
38,
52,
-5,
7,
-8,
-23,
-10,
-24,
-56,
0,
0,
-13,
39,
-26,
-48,
-33,
-36,
-22,
-3,
-53,
-23,
23,
-15,
4,
-10,
7,
14,
-38,
-17,
27,
6,
-45,
27,
8,
25,
-7,
7,
-35,
-19,
1,
-20,
51,
10,
-3,
10,
27,
-5,
22,
-5,
14,
-7,
-10,
-3,
-1,
-21,
53,
15,
-27,
28,
1,
16,
86,
-17,
-27,
23,
9,
-20,
-46,
24,
-30,
-2,
36,
35,
-31,
5,
-17,
36,
11,
16,
27,
40,
47,
24,
-50,
26,
-32,
-20,
5,
45,
-52,
-23,
24,
5,
62,
38,
47,
-17,
-53,
98,
-49,
-25,
-20,
-18,
-24,
-44,
19,
16,
-37,
2,
23,
-14,
14,
-12,
-1,
22,
8,
41,
-39,
-1,
41,
-3,
21,
11,
-3,
-27,
14,
16,
55,
13,
27,
-21,
0,
-45,
-49,
14,
-13,
32,
0,
41,
37,
-43,
-16,
39,
-37,
16,
-24,
-39,
0,
2,
-29,
46,
80,
4,
-17,
-24,
0,
-5,
29,
21,
-9,
-16,
15,
40,
-9,
-47,
-9,
27,
29,
24,
31,
-24,
-37,
-51,
-4,
46,
14,
-27,
6,
-40,
62,
-60,
0,
-39,
-3,
-3,
23,
-60,
-3,
26,
27,
26,
-7,
-5,
-14,
-17,
40,
-25,
4,
-8,
-40,
-7,
-67,
35,
-39,
-32,
5,
10,
-75,
-3,
-16,
74,
72,
5,
25,
6,
14,
-7,
-23,
-29,
-9,
13,
19,
-37,
-26,
-5,
10,
4,
-1,
37,
20,
-29,
22,
-20,
25,
-33,
49,
1,
22,
-34,
12,
13,
28,
-13,
16,
-17,
41,
-13,
-8,
-19,
26,
3,
8,
26,
-9,
-17,
29,
-31,
-40,
1,
32,
8,
26,
7,
3,
51,
29,
-24,
-12,
19,
30,
-67,
-21,
-28,
-41,
16,
-55,
4,
1,
-7,
11,
-77,
-26,
-11,
28,
20,
16,
5,
6,
1,
6,
3,
-27,
9,
-15,
-36,
49,
-38,
-10,
13,
24,
0,
3,
37,
18,
-82,
-29,
-31,
36,
-7,
28,
89,
14,
1,
40,
-10,
-33,
-6,
54,
73,
0,
-15,
-8,
-26,
54,
50,
-19,
-27,
22,
11,
-6,
16,
23,
14,
-20,
20,
37,
-6,
-11,
-10,
-46,
9,
-17,
-21,
48,
0,
-46,
-35,
-72,
13,
19,
56,
76,
-20,
-19,
40,
16,
18,
39,
59,
-10,
-3,
-2,
-16,
-29,
13,
48,
-56,
-47,
-7,
36,
48,
8,
24,
-4,
-63,
25,
27,
-44,
11,
7,
-14,
22,
4,
-54,
19,
-24,
16,
17,
17,
-30,
26,
-26,
-26,
2,
-11,
27,
-60,
-54,
-40,
52,
-58,
59,
-5,
0,
62,
10,
10,
-6,
-3,
0,
-2,
27,
0,
-53,
-14,
11,
-19,
-26,
-57,
11,
1,
11,
-8,
-16,
-9,
-16,
-11,
30,
-30,
4,
55,
-14,
37,
-28,
-34,
5,
-5,
-29,
-7,
13,
-23,
8,
54,
9,
10,
-21,
-13,
35,
31,
33,
-13,
15,
56,
78,
-61,
-28,
88,
-12,
-17,
-51,
-36,
-42,
-20,
-41,
-61,
1,
30,
32,
-20,
-35,
-11,
-22,
-2,
17,
32,
54,
-39,
3,
31,
28,
3,
24,
6,
-32,
-2,
-23,
-1,
15,
-43,
-2,
-94,
37,
-29,
-8,
-30,
3,
-38,
-36,
43,
68,
12,
31,
-8,
11,
-42,
11,
-20,
42,
2,
-57,
17,
-14,
-1,
15,
-16,
6,
-12,
14,
19,
13,
-8,
8,
-12,
-13,
-15,
-65,
20,
7,
7,
-37,
8,
-6,
-5,
-3,
-32,
23,
-10,
32,
26,
-14,
-22,
5,
-18,
-41,
-46,
-79,
12,
11,
24,
-31,
14,
24,
73,
-29,
2,
-1,
19,
-11,
-11,
45,
16,
-19,
-39,
25,
-6,
1,
87,
38,
47,
12,
-15,
-15,
-10,
-22,
6,
-26,
-2,
55,
-19,
-21,
25,
-35,
51,
0,
14,
0,
15,
30,
-14,
-15,
3,
24,
12,
35,
34,
11,
-14,
0,
-41,
-25,
6,
-71,
-13,
8,
29,
-54,
-28,
0,
13,
33,
-19,
7,
-39,
-3,
48,
-32,
-7,
47,
33,
-62,
24,
13,
47,
60,
-50,
26,
38,
39,
48,
-13,
-8,
13,
22,
-34,
-12,
25,
-28,
-22,
29,
-40,
-49,
-25,
-12,
-51,
0,
0,
-12,
-15,
-11,
12,
19,
-4,
-17,
21,
23,
18,
-58,
-45,
44,
-15,
9,
25,
-2,
-61,
-55,
-11,
-4,
33,
19,
24,
-35,
-16,
14,
-73,
-35,
30,
-22,
15,
46,
10,
7,
-29,
-39,
-3,
30,
-36,
-15,
16,
-27,
0,
25,
-39,
-76,
17,
-9,
-37,
-29,
-10,
-20,
28,
-15,
2,
-3,
13,
-41,
27,
-10,
32,
-1,
1,
10,
0,
-54,
-58,
-60,
-59,
-1,
-6,
9,
-51,
28,
24,
14,
40,
18,
30,
-10,
-30,
-49,
-28,
24,
-31,
58,
-29,
1,
-30,
-13,
-47,
3,
22,
9,
0,
18,
17,
35,
-4,
-60,
41,
3,
-34,
-1,
30,
-26,
-11,
-29,
-22,
51,
29,
-35,
7,
28,
7,
18,
-26,
50,
-49,
35,
-46,
38,
-27,
27,
-60,
-26,
3,
63,
4,
45,
-20,
38,
26,
-12,
-39,
15,
-17,
-8,
-10,
-36,
9,
0,
20,
7,
21,
47,
14,
21,
-17,
26,
-48,
24,
85,
-7,
-1,
5,
6,
47,
-24,
-7,
17,
7,
28,
25,
-30,
-27,
-31,
10,
-6,
-19,
7,
-20,
14,
53,
49,
7,
-16,
12,
-31,
36,
48,
-18,
-16,
37,
-7,
25,
-47,
32,
0,
1,
-54,
3,
32,
17,
-52,
-10,
-28,
-8,
-9,
-56,
29,
25,
63,
-2,
-34,
-37,
-7,
21,
-10,
35,
-17,
3,
-17,
32,
19,
-29,
-5,
-46,
54,
-12,
19,
62,
1,
-22,
66,
-3,
-15,
-22,
32,
19,
-52,
-36,
33,
25,
-4,
-19,
0,
-18,
14,
7,
0,
16,
11,
23,
-8,
-40,
-17,
-1,
72,
-14,
-9,
3,
47,
-56,
3,
31,
-23,
-12,
-15,
-14,
-36,
4,
37,
-16,
-21,
53,
29,
-10,
29,
-34,
-50,
51,
-27,
22,
23,
17,
35
] |
To compel respondents to observe and carry out the provisions of Act No. 468, Local Acts of 1889, relative to the registration of voters, etc., entitled “An Act to preserve the purity of elections, and guard against abuses of the elective franchise, in the City of Detroit.”
Denied October 11, 1889, on the ground that the Act is unconstitutional. | [
11,
-22,
-2,
-73,
12,
40,
-42,
11,
-44,
2,
-33,
-9,
6,
43,
2,
43,
46,
30,
51,
12,
-21,
12,
-59,
-34,
-82,
-23,
88,
-11,
-112,
-67,
-11,
32,
-9,
-17,
-4,
-71,
-11,
9,
30,
-17,
-56,
4,
-23,
-1,
-25,
2,
-25,
39,
-28,
5,
-76,
4,
-71,
40,
-54,
11,
-6,
-16,
-46,
15,
-36,
35,
25,
11,
-20,
-81,
-40,
41,
16,
1,
10,
-59,
-65,
-66,
23,
0,
10,
-54,
29,
46,
33,
9,
-7,
-48,
34,
18,
-37,
17,
-48,
-21,
7,
-40,
-1,
17,
5,
0,
6,
11,
35,
-55,
51,
84,
22,
28,
33,
8,
-32,
62,
-5,
-63,
8,
-32,
-30,
-39,
25,
76,
-27,
28,
20,
-22,
-24,
31,
-14,
31,
-2,
-9,
-10,
-38,
-45,
-38,
-24,
69,
109,
-18,
-16,
12,
-19,
-25,
5,
57,
-11,
20,
61,
-9,
7,
-20,
0,
20,
15,
-37,
5,
-8,
8,
34,
-34,
-15,
-10,
-26,
55,
40,
-12,
36,
-59,
35,
5,
8,
-16,
-19,
35,
36,
-3,
-29,
-1,
-49,
13,
-79,
-12,
37,
-51,
-3,
19,
32,
-66,
5,
14,
-38,
-6,
-31,
15,
-42,
27,
-6,
53,
-22,
41,
47,
54,
3,
22,
-10,
43,
6,
-43,
3,
39,
-1,
-49,
7,
-16,
35,
-51,
-5,
52,
3,
70,
17,
28,
-63,
43,
19,
9,
57,
24,
17,
0,
44,
5,
42,
-10,
34,
66,
13,
54,
8,
16,
-38,
-16,
-14,
-13,
68,
-26,
28,
48,
57,
-75,
-26,
-22,
-2,
5,
-9,
52,
-40,
25,
-45,
-52,
33,
-14,
-55,
32,
-8,
41,
25,
22,
-31,
-9,
-6,
50,
5,
27,
-34,
-4,
-4,
-51,
49,
-54,
38,
12,
-15,
-13,
-51,
-74,
-71,
-21,
28,
-17,
3,
8,
-9,
-11,
5,
-16,
-55,
-37,
39,
-53,
25,
15,
-11,
32,
-29,
-7,
55,
-2,
30,
38,
-91,
-10,
-50,
23,
-21,
37,
6,
-52,
34,
4,
-3,
105,
-23,
5,
3,
26,
-7,
0,
5,
-71,
-2,
6,
28,
-3,
5,
63,
-33,
-1,
-30,
16,
31,
25,
-36,
-32,
-60,
18,
-29,
0,
50,
11,
-4,
-79,
-20,
69,
5,
53,
-20,
-37,
-8,
-14,
40,
-7,
21,
-9,
-6,
1,
39,
42,
47,
-17,
-30,
-29,
39,
41,
30,
-22,
14,
-23,
67,
76,
6,
-20,
18,
21,
-12,
-48,
-54,
5,
-21,
41,
15,
49,
-36,
-14,
-10,
23,
20,
-64,
-8,
5,
-8,
-9,
-29,
-25,
15,
-66,
57,
-44,
51,
-16,
-31,
27,
60,
14,
-23,
-10,
31,
-22,
-28,
2,
-2,
-8,
0,
33,
-14,
-7,
8,
-60,
12,
0,
-10,
-1,
26,
33,
58,
-18,
-35,
19,
-4,
-46,
-54,
-2,
-29,
16,
-41,
-24,
-53,
49,
13,
-68,
-60,
4,
20,
-12,
33,
38,
23,
-36,
-12,
-8,
33,
21,
72,
19,
12,
-72,
-4,
-59,
6,
-13,
35,
-51,
39,
-7,
-29,
4,
7,
0,
-27,
-46,
-34,
-28,
-7,
16,
-4,
11,
27,
7,
-25,
-61,
-45,
-11,
44,
-41,
16,
32,
-12,
30,
53,
34,
61,
48,
-28,
18,
32,
34,
58,
-10,
14,
-16,
21,
-11,
-5,
25,
-32,
21,
-24,
18,
80,
8,
-9,
-47,
6,
31,
-48,
-24,
-47,
-26,
-70,
30,
46,
27,
-39,
13,
0,
47,
23,
-31,
33,
-2,
-34,
-31,
50,
-6,
40,
69,
-2,
2,
23,
70,
-49,
-31,
0,
1,
-18,
-12,
-4,
-76,
-75,
3,
-21,
-33,
5,
-24,
35,
-51,
-68,
20,
-3,
-23,
-11,
49,
-21,
15,
5,
-22,
12,
3,
25,
31,
-23,
54,
-49,
48,
17,
-3,
27,
1,
-15,
52,
-23,
-90,
-28,
-8,
12,
19,
-11,
-81,
35,
-11,
59,
-42,
51,
18,
-3,
13,
12,
14,
9,
-5,
-18,
-26,
-21,
24,
-26,
-16,
-27,
2,
-19,
-3,
36,
-3,
-1,
16,
-15,
0,
38,
47,
-21,
-4,
-55,
-5,
16,
-20,
12,
-51,
32,
-49,
25,
-1,
27,
47,
28,
38,
-30,
-11,
-10,
-34,
-52,
37,
23,
-27,
-11,
15,
29,
-8,
4,
26,
-68,
8,
31,
-40,
0,
25,
8,
9,
-18,
0,
-5,
23,
4,
-11,
9,
38,
0,
-32,
10,
32,
-40,
15,
-2,
-13,
49,
23,
28,
-46,
2,
5,
-26,
65,
-52,
-27,
44,
-23,
-12,
90,
-31,
34,
-34,
22,
-9,
-46,
17,
30,
-33,
4,
34,
38,
-10,
-42,
-36,
2,
-17,
-23,
-38,
8,
-34,
16,
-27,
23,
-20,
-8,
15,
57,
12,
-7,
-20,
-34,
23,
-42,
54,
-33,
-24,
33,
9,
-6,
-37,
65,
-77,
41,
22,
-45,
12,
19,
-20,
-4,
-4,
7,
2,
-30,
-5,
-14,
-31,
-42,
-6,
-4,
25,
36,
25,
-29,
17,
-68,
29,
-17,
12,
-53,
17,
9,
4,
-22,
-3,
-11,
28,
6,
41,
12,
-25,
26,
-63,
21,
-17,
-61,
-38,
15,
-23,
65,
51,
38,
-21,
-10,
-39,
8,
58,
4,
-74,
-9,
-43,
0,
-17,
-2,
27,
35,
-25,
67,
11,
-8,
-1,
9,
-15,
4,
-42,
-45,
17,
-47,
19,
-4,
17,
-62,
-16,
37,
-23,
14,
63,
-17,
-73,
45,
20,
45,
-19,
-7,
-2,
26,
-5,
47,
24,
53,
61,
44,
-13,
-52,
-25,
5,
2,
-10,
-10,
-32,
66,
-48,
-9,
-66,
25,
-46,
33,
-12,
18,
-41,
4,
-14,
30,
4,
61,
48,
-19,
-9,
80,
8,
51,
43,
-3,
0,
-20,
9,
-50,
0,
64,
1,
9,
-16,
-19,
38,
14,
-14,
-15,
-59,
41,
7,
23,
20,
-21,
15,
73,
-7,
0,
16,
-18,
42,
-22,
21,
18,
33,
12,
23,
-23,
9,
-32,
-66,
-68,
-40,
7,
-40,
-12,
37,
20,
24,
-10,
5,
16,
39,
-17,
-10,
-84,
-41,
-30,
-28,
22,
41,
-15,
-29,
-49,
-43,
-63,
-3,
24,
24,
-29,
2,
-29,
-37,
20,
15,
8,
-1,
14,
71,
-9,
8,
16,
-36,
-40,
-25,
22,
-61,
86,
6,
22,
10,
-36,
7,
7,
20,
18,
-14,
9,
-29,
62,
57,
67,
31,
28,
17,
2,
-28,
-16,
14,
25,
-18,
66,
-2,
33,
-26,
22,
-34,
-26,
4,
-32,
-30,
-8,
97,
44,
5,
-9,
-27,
11,
1,
-18,
-27,
-26,
-8,
-57,
-48,
-1,
-56,
41,
-15,
34,
-8,
16,
23,
-43,
-7,
6,
29,
-114,
-24,
7,
4,
16,
-35,
66,
-37,
24,
8,
18,
14,
-16,
17,
5,
-87,
24
] |
To compel respondent to order an election upon the question of the repeal of a resolution, prohibiting the sale of -intoxicating liquors in the County of Yan Butpu.
-Petition for writ denied February 26, 1896.
The board had determined that a sufficient number of electors had not joined in the petition; that certain petitioners were not electors and that certain of tbe petitions were not posted as required by law. | [
18,
-6,
-8,
9,
-7,
28,
9,
65,
-28,
47,
-23,
-62,
4,
97,
0,
1,
23,
4,
21,
-2,
1,
6,
-85,
31,
0,
-16,
-40,
4,
-46,
-18,
8,
1,
-39,
-15,
58,
-27,
-65,
16,
21,
-54,
-30,
-29,
-10,
55,
-64,
-32,
-69,
-28,
-58,
66,
13,
1,
-11,
44,
-4,
86,
5,
-44,
5,
-27,
-61,
34,
0,
22,
9,
-8,
-53,
-28,
25,
-10,
8,
-20,
-60,
-83,
7,
21,
31,
-36,
-7,
70,
-41,
44,
23,
-29,
30,
2,
-5,
27,
-5,
18,
38,
-46,
-70,
37,
4,
27,
-51,
6,
16,
-8,
15,
-7,
28,
4,
1,
-15,
-20,
13,
12,
-55,
-1,
-26,
6,
-23,
54,
16,
12,
30,
-36,
-21,
26,
25,
64,
17,
-12,
-41,
18,
2,
-45,
-6,
-7,
-6,
46,
-29,
-32,
-14,
-15,
-7,
-13,
8,
10,
69,
35,
1,
-40,
-42,
57,
-28,
-26,
19,
0,
34,
-57,
35,
-23,
16,
91,
-23,
22,
-33,
-66,
73,
3,
-26,
30,
3,
-15,
12,
-21,
-25,
-9,
11,
-2,
37,
40,
-11,
-3,
-21,
-14,
10,
31,
11,
4,
-5,
44,
-21,
-49,
-41,
-34,
56,
-40,
-17,
61,
-16,
40,
-15,
21,
41,
42,
-5,
-22,
26,
-27,
-9,
29,
-18,
3,
16,
-31,
50,
-47,
-27,
-7,
-11,
12,
-5,
-34,
-45,
15,
7,
-40,
78,
1,
5,
-43,
-4,
7,
47,
-8,
50,
-17,
6,
40,
0,
73,
0,
-15,
-26,
28,
-21,
-51,
10,
-34,
42,
-1,
-16,
-9,
11,
-5,
12,
65,
2,
44,
45,
-35,
-18,
3,
-14,
11,
-36,
0,
9,
13,
-9,
-34,
-41,
59,
30,
19,
15,
1,
71,
23,
-25,
-21,
28,
15,
-28,
-44,
-1,
-30,
27,
45,
15,
-58,
60,
-21,
-20,
-11,
6,
-45,
25,
-34,
50,
-5,
-9,
9,
46,
65,
-41,
-14,
28,
-18,
13,
-1,
-37,
-19,
-42,
36,
-50,
25,
-37,
-79,
11,
-21,
-25,
52,
19,
-48,
-25,
-37,
-36,
12,
-18,
-37,
-24,
12,
8,
41,
5,
-34,
-21,
-43,
-15,
77,
54,
59,
23,
-76,
-3,
48,
-14,
-1,
96,
-37,
7,
-25,
-15,
10,
21,
25,
15,
31,
0,
-36,
37,
-58,
8,
-17,
33,
-6,
-4,
15,
16,
38,
-34,
-1,
48,
23,
2,
2,
12,
72,
-17,
19,
12,
-7,
55,
5,
-11,
-21,
1,
51,
-20,
53,
17,
40,
0,
-58,
-46,
45,
9,
-72,
-7,
13,
-12,
5,
-51,
60,
-32,
-14,
42,
1,
41,
-30,
-51,
7,
16,
64,
0,
-43,
-11,
-32,
-59,
16,
21,
-48,
11,
10,
-1,
-24,
-42,
-27,
1,
24,
-9,
-9,
10,
26,
18,
-54,
2,
32,
48,
-47,
-18,
69,
28,
4,
-8,
-2,
-32,
41,
10,
-26,
-50,
-1,
-7,
-14,
21,
-55,
10,
-92,
-54,
60,
19,
-31,
42,
25,
24,
-41,
32,
-36,
25,
42,
-9,
-38,
-1,
-4,
-23,
-41,
57,
-4,
-47,
-66,
10,
43,
-1,
-28,
31,
12,
23,
-22,
-42,
23,
-20,
4,
39,
-39,
-2,
8,
-5,
52,
58,
-24,
16,
-5,
-17,
6,
56,
0,
27,
-31,
2,
-19,
6,
-67,
74,
-25,
-6,
-4,
-54,
-4,
-26,
-12,
34,
5,
-31,
-19,
25,
34,
25,
-69,
-46,
35,
4,
5,
-44,
34,
8,
-26,
-23,
-4,
74,
-49,
-9,
-14,
27,
36,
41,
-9,
2,
31,
7,
19,
39,
-56,
52,
6,
-2,
-34,
36,
-35,
-29,
8,
6,
-9,
-46,
-26,
-13,
-33,
-52,
-16,
-28,
-30,
-34,
4,
53,
-10,
26,
61,
15,
-11,
38,
62,
27,
-26,
-28,
46,
24,
35,
1,
28,
24,
-12,
-61,
-44,
-32,
-89,
-3,
-46,
12,
-31,
24,
-27,
-6,
13,
62,
-29,
-23,
-36,
48,
51,
-29,
6,
-12,
-14,
-31,
-66,
5,
1,
-13,
-8,
61,
35,
4,
13,
10,
49,
15,
-28,
42,
28,
-16,
-27,
-70,
9,
14,
20,
37,
-59,
-18,
-17,
-2,
-47,
-16,
-35,
86,
-24,
-36,
15,
-42,
-73,
0,
0,
-25,
2,
70,
17,
23,
18,
1,
-24,
-22,
-38,
-3,
-29,
13,
-14,
-18,
10,
2,
7,
12,
-27,
55,
20,
52,
0,
33,
-32,
-14,
0,
-75,
-28,
-37,
5,
35,
-50,
4,
-3,
3,
45,
-24,
23,
-28,
32,
24,
25,
-25,
52,
28,
40,
46,
-11,
6,
-41,
18,
0,
9,
39,
28,
35,
51,
-9,
-47,
-1,
-22,
2,
-57,
-29,
-30,
37,
-21,
12,
-48,
-23,
4,
19,
14,
-18,
-20,
24,
44,
-15,
5,
-27,
-33,
80,
-21,
-17,
-5,
30,
-44,
18,
-23,
6,
23,
20,
-15,
-22,
-57,
-21,
-30,
31,
80,
-59,
-36,
-60,
-14,
-15,
-41,
-37,
60,
5,
-30,
-27,
-1,
26,
4,
20,
-32,
0,
49,
16,
11,
-23,
18,
28,
32,
61,
-27,
14,
-73,
-25,
0,
-29,
-3,
29,
-2,
22,
-50,
2,
-32,
-1,
-37,
-18,
18,
-4,
-29,
-7,
-19,
16,
25,
30,
13,
33,
-15,
-11,
15,
-73,
-19,
-53,
5,
-4,
34,
-40,
23,
-89,
-1,
-14,
3,
-17,
8,
32,
-58,
31,
29,
-56,
-43,
-21,
-31,
-4,
23,
24,
-10,
20,
65,
-5,
42,
42,
35,
25,
-24,
-25,
-83,
-13,
11,
-31,
-19,
-66,
-24,
0,
-23,
-10,
-20,
-49,
40,
-43,
30,
36,
-36,
-26,
13,
-2,
2,
9,
-72,
-19,
62,
52,
38,
44,
-54,
-50,
-34,
26,
-19,
15,
53,
20,
-102,
13,
17,
-8,
45,
-20,
-2,
-12,
-16,
4,
1,
9,
-7,
3,
-16,
-29,
-14,
30,
45,
46,
-11,
42,
38,
7,
37,
45,
-21,
-37,
42,
0,
55,
-19,
-24,
-34,
-86,
44,
-5,
21,
19,
2,
9,
-38,
-61,
-15,
-66,
-37,
-45,
-30,
39,
35,
50,
-31,
-1,
-64,
40,
25,
32,
26,
-19,
1,
4,
2,
-10,
-6,
17,
28,
15,
38,
8,
23,
10,
-6,
-105,
-16,
24,
26,
55,
-29,
23,
-13,
-11,
19,
-25,
3,
2,
-41,
38,
-25,
27,
8,
63,
31,
56,
-10,
36,
-51,
35,
-29,
45,
7,
66,
11,
55,
-17,
31,
-36,
-26,
31,
31,
31,
-23,
28,
13,
-71,
16,
12,
1,
-28,
-3,
0,
-39,
38,
-41,
0,
6,
-89,
-19,
-38,
47,
80,
-19,
0,
-49,
41,
-1,
58,
-61,
13,
32,
-39,
-18,
67,
39,
-7,
-6,
58,
5,
52,
40,
16,
0,
-35,
-39
] |
To set aside an order granting a new trial in a case where respondenhset aside the verdict of his own motion.
Order to show cause denied January 29, 1895. | [
-19,
-43,
-4,
24,
-21,
-19,
17,
-9,
-23,
22,
-14,
-27,
-1,
1,
-2,
-25,
-1,
-6,
5,
13,
-42,
35,
-37,
-55,
20,
-28,
17,
-60,
-40,
-81,
13,
-29,
-46,
26,
20,
-45,
-30,
14,
-25,
-6,
-9,
-2,
-5,
7,
-22,
-69,
-76,
-4,
-19,
26,
-5,
-29,
-57,
-13,
-23,
26,
6,
11,
8,
44,
5,
10,
-28,
7,
18,
42,
-65,
-82,
-31,
3,
-13,
-19,
36,
4,
26,
-64,
33,
9,
39,
20,
81,
-15,
-15,
-5,
27,
32,
12,
12,
-32,
-6,
23,
-29,
-77,
-10,
-70,
17,
11,
31,
6,
41,
34,
-10,
-15,
-32,
13,
0,
-31,
11,
-48,
33,
22,
36,
2,
10,
13,
-7,
-71,
21,
-15,
-20,
16,
28,
32,
15,
3,
55,
0,
0,
2,
-33,
-57,
17,
44,
-14,
61,
6,
9,
-5,
-54,
-36,
-3,
17,
-3,
3,
5,
3,
52,
-1,
1,
16,
-3,
4,
-41,
44,
-21,
23,
21,
-58,
13,
45,
12,
51,
-12,
-6,
65,
-32,
-21,
13,
28,
-13,
12,
15,
-22,
-18,
-32,
-10,
21,
-17,
-28,
-32,
-5,
56,
-7,
0,
19,
-24,
-26,
31,
55,
18,
-25,
-9,
-6,
27,
54,
-14,
33,
-48,
64,
9,
-20,
-9,
-95,
-34,
16,
19,
36,
-5,
-40,
41,
-95,
27,
-9,
-2,
7,
-3,
51,
3,
3,
16,
-5,
68,
16,
58,
-1,
37,
15,
83,
17,
77,
-20,
62,
-53,
-43,
33,
52,
-7,
-20,
14,
-16,
-7,
7,
37,
-2,
15,
16,
1,
16,
12,
-80,
50,
15,
53,
17,
-10,
23,
-45,
27,
10,
-64,
36,
62,
5,
-40,
-41,
19,
20,
44,
43,
-40,
39,
-36,
23,
8,
0,
-17,
14,
-3,
-12,
-6,
-17,
-4,
-26,
5,
-64,
-46,
-3,
-7,
23,
41,
-15,
4,
-11,
29,
-9,
51,
-53,
32,
11,
-9,
-16,
8,
-3,
25,
0,
-8,
9,
-50,
7,
-39,
-16,
37,
-9,
-21,
-22,
40,
-34,
7,
-60,
-28,
-58,
-32,
-27,
-19,
10,
33,
-13,
-2,
28,
58,
0,
21,
-42,
-33,
-31,
-14,
-10,
31,
-19,
60,
36,
-14,
-19,
-6,
1,
9,
-30,
-35,
-11,
33,
18,
-11,
15,
-7,
-52,
-9,
-69,
-100,
14,
14,
-12,
-49,
15,
6,
70,
-62,
-15,
-17,
-58,
21,
-99,
0,
-46,
-128,
-22,
12,
-19,
30,
-61,
-17,
-50,
-6,
-32,
-29,
27,
75,
26,
12,
11,
-2,
76,
-16,
32,
-33,
43,
46,
-10,
-28,
-38,
-10,
-4,
-11,
-3,
4,
-20,
-12,
8,
0,
3,
33,
20,
20,
41,
42,
-19,
-23,
14,
12,
15,
-26,
0,
-57,
-12,
9,
-13,
-11,
2,
-41,
7,
-22,
34,
-1,
4,
-6,
-4,
59,
17,
-36,
13,
-19,
-50,
-36,
21,
38,
-34,
-7,
12,
-29,
-39,
17,
8,
-28,
-23,
2,
0,
-3,
23,
12,
46,
42,
15,
9,
-104,
33,
-2,
28,
-25,
20,
33,
13,
0,
-47,
34,
-15,
-44,
7,
10,
22,
-19,
-2,
19,
30,
-19,
-13,
36,
29,
-48,
22,
25,
20,
-77,
22,
17,
-25,
-32,
20,
-65,
-17,
20,
52,
-82,
-16,
-26,
-43,
50,
-4,
14,
-57,
-7,
-10,
-37,
19,
9,
18,
30,
0,
-8,
-19,
-73,
-42,
0,
3,
-53,
-50,
-47,
-4,
-62,
-11,
1,
30,
74,
-15,
31,
-17,
-32,
26,
-10,
-57,
5,
-3,
5,
15,
31,
16,
12,
-10,
-30,
12,
26,
10,
18,
17,
23,
29,
5,
-32,
2,
-54,
42,
-48,
42,
-36,
-22,
3,
-16,
15,
6,
-51,
-6,
61,
41,
-34,
-15,
37,
47,
22,
-26,
30,
16,
20,
-23,
17,
-57,
-18,
26,
-14,
-3,
-23,
-3,
-9,
-42,
35,
29,
-19,
36,
49,
-6,
-4,
-8,
16,
-25,
68,
-9,
-9,
29,
-20,
10,
-10,
15,
11,
27,
16,
-39,
16,
-37,
-11,
7,
46,
-2,
29,
3,
14,
19,
-54,
-6,
-31,
-11,
0,
0,
-31,
-6,
-20,
50,
35,
-49,
36,
5,
2,
-33,
-1,
-16,
26,
5,
-73,
-33,
-23,
20,
8,
27,
-5,
17,
31,
14,
-21,
34,
5,
12,
-30,
48,
10,
0,
-49,
-25,
-41,
-8,
25,
-8,
64,
4,
14,
15,
24,
28,
8,
0,
-12,
33,
15,
-30,
-22,
-18,
26,
-14,
-6,
-6,
62,
-58,
51,
40,
38,
23,
30,
36,
43,
25,
15,
14,
-13,
14,
-22,
8,
-15,
66,
9,
-7,
-69,
9,
16,
48,
-8,
-22,
39,
-59,
-12,
70,
-24,
45,
34,
51,
-27,
46,
-41,
-6,
101,
-44,
27,
-26,
25,
34,
-67,
-14,
-77,
23,
8,
-34,
31,
-11,
-17,
35,
-25,
-45,
0,
-24,
13,
16,
40,
-12,
-5,
-11,
6,
45,
-31,
-2,
35,
-66,
-15,
-13,
12,
21,
-19,
13,
-7,
8,
-11,
-21,
64,
56,
-4,
23,
56,
-6,
-68,
45,
-32,
-3,
43,
-19,
-1,
20,
-2,
23,
-58,
-25,
44,
34,
-5,
18,
28,
-57,
0,
38,
-77,
-61,
55,
36,
-44,
-16,
-115,
-69,
25,
25,
19,
-6,
33,
-26,
38,
-15,
17,
0,
-33,
10,
18,
-41,
-6,
-18,
-83,
10,
1,
2,
-23,
29,
14,
14,
33,
47,
-23,
-8,
-25,
25,
41,
43,
-14,
40,
-25,
-18,
-32,
40,
42,
-41,
-7,
-70,
-6,
-20,
-3,
-16,
-26,
-43,
2,
-7,
11,
0,
32,
-35,
-8,
-59,
-35,
23,
-55,
20,
54,
-3,
53,
28,
-58,
32,
11,
-6,
29,
61,
6,
64,
-48,
53,
-8,
-21,
69,
-23,
-19,
-6,
-1,
-22,
-31,
14,
15,
-9,
0,
-59,
-24,
-35,
55,
18,
27,
28,
-7,
40,
23,
-44,
-12,
18,
42,
-24,
-8,
24,
2,
33,
-59,
-33,
11,
-2,
18,
35,
-4,
10,
-70,
63,
-9,
-29,
44,
16,
-40,
43,
15,
30,
-1,
-14,
-8,
10,
16,
23,
-40,
7,
14,
-3,
-5,
-18,
-43,
-10,
-74,
-8,
11,
23,
0,
-37,
-16,
-14,
4,
26,
61,
31,
-2,
0,
-36,
-11,
-33,
15,
-17,
55,
-8,
25,
-45,
16,
44,
37,
-22,
51,
46,
0,
39,
-53,
18,
0,
21,
2,
-40,
-74,
-4,
-29,
-38,
-47,
12,
34,
-29,
33,
-76,
-19,
48,
-22,
34,
14,
14,
43,
18,
-67,
10,
-57,
63,
0,
-20,
29,
76,
16,
33,
51,
12,
-23,
-32,
15,
20,
-14,
39,
-35,
8,
1,
-1,
-43,
17,
-25,
8,
36,
-14,
27,
23,
0,
1
] |
When an appeal bond on appeal to this court is defective or insufficient and the circuit judge has approved it, the remedy is by motion in the Supreme Court, and not by mandamus against the circuit judge. October 12, 1882. | [
-39,
-9,
-42,
-12,
-11,
17,
18,
-39,
68,
-13,
3,
4,
-18,
-33,
-38,
2,
-51,
22,
-20,
55,
6,
36,
-21,
38,
-5,
-33,
8,
8,
-59,
-19,
50,
-36,
-28,
8,
-57,
-1,
-37,
1,
49,
-19,
28,
38,
10,
-22,
-50,
-10,
9,
-34,
10,
10,
-37,
1,
-2,
16,
-6,
27,
-13,
-52,
-11,
42,
18,
10,
20,
21,
-19,
4,
-29,
-59,
-12,
3,
4,
-11,
-19,
43,
-14,
50,
35,
12,
-43,
13,
12,
12,
-29,
16,
12,
-23,
-1,
4,
4,
7,
3,
66,
-95,
-10,
-31,
2,
-51,
-70,
40,
-2,
-32,
-37,
-10,
14,
9,
-56,
9,
-5,
-21,
-6,
69,
14,
17,
12,
10,
25,
-15,
18,
4,
-20,
-11,
18,
38,
28,
-27,
18,
15,
-20,
-9,
-34,
-70,
44,
-5,
-41,
-15,
-22,
-8,
-1,
-37,
11,
-26,
-11,
24,
3,
25,
-55,
82,
-94,
19,
-6,
4,
35,
-20,
16,
-14,
31,
37,
1,
3,
-34,
23,
60,
-29,
-18,
8,
-38,
-1,
-27,
10,
35,
-44,
88,
34,
47,
-10,
2,
21,
-2,
8,
17,
-11,
4,
1,
23,
6,
5,
28,
-13,
-38,
25,
-47,
44,
-45,
-5,
0,
0,
14,
-9,
4,
26,
-60,
14,
-28,
18,
-4,
-30,
-32,
24,
4,
22,
-84,
-30,
53,
35,
62,
40,
4,
2,
39,
46,
42,
26,
4,
30,
-13,
-29,
37,
16,
-5,
15,
-46,
25,
-2,
-57,
79,
7,
-34,
4,
-16,
19,
-1,
82,
34,
34,
-62,
-42,
19,
-9,
-19,
-27,
-2,
-2,
-5,
-17,
57,
40,
48,
-4,
-22,
-42,
56,
-4,
27,
26,
-13,
30,
-4,
0,
27,
13,
-22,
-15,
48,
-38,
-2,
-1,
-4,
4,
98,
-13,
-9,
7,
-62,
20,
-27,
24,
55,
-20,
3,
-2,
28,
-42,
36,
55,
27,
-6,
-16,
57,
0,
-7,
19,
35,
-76,
11,
26,
12,
0,
-46,
36,
-7,
-24,
10,
-23,
17,
46,
47,
35,
-43,
-50,
-60,
-36,
39,
-65,
-73,
-20,
61,
-5,
33,
-17,
-15,
-4,
31,
28,
-14,
10,
28,
38,
64,
19,
15,
63,
26,
14,
13,
-38,
-42,
-16,
-14,
47,
21,
-50,
0,
-6,
-47,
-78,
-10,
8,
-66,
-29,
70,
8,
-23,
60,
-8,
41,
-62,
-5,
33,
40,
-56,
65,
26,
22,
-52,
25,
24,
8,
29,
2,
26,
9,
35,
15,
0,
55,
-55,
-19,
37,
-16,
29,
-17,
30,
-3,
-23,
26,
26,
12,
-17,
-38,
-20,
5,
38,
-25,
-23,
17,
6,
-56,
-4,
9,
13,
16,
-36,
8,
-11,
0,
-42,
53,
18,
-6,
-29,
-16,
-25,
-16,
-35,
14,
8,
73,
20,
-5,
-23,
21,
17,
-12,
45,
-3,
-41,
-5,
-14,
-50,
7,
24,
10,
63,
23,
-53,
4,
8,
6,
-27,
40,
12,
-33,
-13,
-19,
-55,
-30,
-26,
10,
-51,
-38,
85,
-68,
-22,
37,
32,
-2,
-46,
-3,
17,
-84,
11,
-7,
-1,
11,
-36,
9,
-22,
28,
12,
-10,
16,
-30,
26,
44,
16,
-12,
-54,
-3,
-13,
11,
-11,
5,
-88,
-73,
-26,
-9,
-2,
-28,
19,
-3,
-25,
12,
-54,
-11,
24,
22,
-5,
-20,
5,
15,
43,
-42,
-1,
73,
61,
-37,
-52,
12,
-44,
-4,
8,
2,
-29,
-4,
0,
1,
-40,
-39,
-16,
11,
-57,
4,
0,
-5,
-40,
50,
-37,
-14,
1,
-13,
1,
-15,
-45,
33,
3,
16,
-10,
5,
-5,
-17,
-9,
34,
-12,
-18,
-25,
-44,
-32,
31,
0,
13,
12,
-36,
33,
7,
-62,
35,
-24,
-56,
-9,
25,
21,
-28,
-21,
45,
-19,
-12,
-39,
42,
36,
0,
-25,
-13,
-66,
-24,
10,
-25,
-41,
-26,
23,
10,
-3,
3,
58,
-11,
-86,
-6,
39,
37,
19,
30,
14,
56,
6,
-18,
57,
15,
23,
29,
-11,
-17,
18,
-40,
-1,
10,
-11,
-2,
-16,
54,
-38,
-40,
-42,
11,
-49,
29,
-4,
11,
11,
-47,
-14,
43,
-22,
6,
-24,
13,
-49,
87,
-96,
25,
37,
-54,
-11,
26,
34,
-68,
9,
86,
-17,
5,
-3,
-19,
-8,
42,
22,
-35,
28,
59,
1,
-4,
-25,
-43,
19,
-18,
-37,
-56,
1,
20,
-102,
53,
-25,
-16,
1,
-18,
12,
-49,
17,
31,
13,
17,
-1,
-51,
-14,
-50,
-36,
4,
-47,
-50,
19,
35,
17,
28,
22,
31,
17,
7,
41,
8,
-17,
16,
-20,
-5,
28,
-13,
-25,
47,
-10,
-60,
19,
32,
-49,
-57,
-26,
23,
-45,
20,
47,
-58,
47,
-56,
30,
-17,
47,
-55,
45,
31,
-35,
22,
-49,
8,
9,
-50,
-33,
-63,
10,
10,
-19,
-27,
3,
-10,
12,
-49,
-102,
3,
-9,
22,
-43,
53,
-26,
7,
30,
-4,
61,
3,
-9,
-2,
-16,
-61,
-3,
-33,
56,
3,
24,
-39,
-57,
47,
-22,
12,
-16,
9,
10,
45,
20,
-19,
68,
-10,
21,
8,
20,
10,
30,
18,
-54,
-1,
28,
-5,
26,
-25,
-5,
-33,
-13,
-46,
40,
-73,
-25,
-7,
-4,
-3,
7,
-38,
-5,
18,
22,
-30,
-28,
-17,
-13,
47,
-1,
38,
8,
-22,
42,
-24,
-30,
-13,
11,
-11,
-10,
20,
18,
6,
-25,
4,
31,
21,
11,
9,
50,
8,
18,
36,
6,
-13,
30,
0,
44,
-58,
23,
21,
25,
-27,
-77,
-2,
19,
2,
-38,
-7,
-10,
15,
-16,
57,
-24,
21,
-65,
-8,
-8,
-46,
27,
-35,
0,
-3,
0,
55,
-16,
7,
37,
-13,
-12,
-24,
33,
-7,
-30,
-31,
18,
45,
-9,
11,
7,
-15,
27,
53,
-6,
-71,
49,
18,
21,
-41,
-50,
23,
3,
31,
-6,
-65,
4,
118,
-7,
6,
16,
-21,
-5,
5,
25,
8,
-9,
-9,
-19,
19,
34,
33,
36,
-37,
6,
-5,
0,
-25,
-7,
37,
-31,
-9,
16,
1,
0,
-8,
-6,
-48,
9,
-22,
-34,
-12,
12,
-13,
-37,
29,
-5,
-18,
-13,
-2,
-11,
10,
11,
4,
16,
3,
-33,
-30,
-44,
34,
48,
64,
5,
15,
-23,
14,
13,
9,
-5,
-13,
-23,
-15,
-15,
13,
-43,
49,
22,
-19,
66,
53,
0,
-4,
-44,
33,
-10,
-18,
42,
12,
-38,
24,
-20,
-22,
38,
25,
-16,
-26,
24,
-41,
-10,
15,
41,
14,
15,
-9,
38,
-37,
6,
-11,
-32,
-4,
27,
19,
2,
28,
-13,
25,
53,
4,
-9,
18,
37,
36,
-40,
-17,
-5,
-16,
34,
6,
18,
23,
-5,
-61,
44,
0,
79,
-10,
2,
43
] |
To vacate a judgment.
Order to show cause denied November 29, 1892.
Suit was commenced in the name of the State against relator and two others on a forfeited recognizance. Personal service was had upon the other two. Afterwards upon an affidavit alleging that relator had absconded to the injury of his creditors, a writ of attachment was taken out and levied upon relator’s real estate. The question raised was, whether in an action commenced against several defendants upon a forfeited recognizance, and personal service of process is made upon but one defendant, attachment proceedings can be begun and prosecuted against the defendant not served, under How., Sec. 8019. | [
-41,
-32,
-10,
25,
28,
19,
21,
-5,
7,
-7,
5,
-46,
16,
62,
-53,
33,
-6,
-38,
10,
-14,
-36,
-24,
-47,
5,
59,
-21,
101,
-45,
22,
-54,
-34,
-39,
-14,
-2,
-16,
-48,
-57,
-64,
-29,
-20,
41,
25,
32,
20,
-56,
16,
-51,
-1,
-50,
-14,
7,
-29,
-40,
25,
3,
0,
-49,
36,
-28,
14,
4,
-3,
-10,
54,
-57,
18,
-10,
-33,
0,
-20,
9,
-13,
40,
-13,
-7,
-62,
-58,
-43,
5,
-2,
43,
-10,
-18,
49,
14,
-26,
-10,
-11,
26,
-31,
-68,
56,
-74,
15,
-65,
-22,
-49,
44,
29,
20,
36,
-3,
11,
24,
-34,
25,
-18,
-54,
-36,
-10,
8,
2,
30,
-25,
-57,
2,
-68,
-58,
38,
-24,
-24,
6,
51,
-32,
23,
33,
-15,
-41,
-2,
41,
-11,
29,
15,
29,
-62,
-13,
31,
-3,
-33,
-36,
25,
-4,
4,
2,
1,
23,
70,
28,
-43,
29,
22,
61,
30,
68,
-2,
45,
43,
-26,
-3,
-48,
42,
-17,
-38,
-10,
74,
-23,
11,
43,
58,
-15,
23,
29,
0,
30,
-18,
-65,
-2,
-8,
5,
-27,
1,
14,
-15,
30,
35,
-41,
-8,
-7,
-15,
-5,
14,
0,
-11,
67,
8,
34,
17,
-41,
9,
20,
-11,
-33,
-32,
-55,
-1,
-17,
79,
-17,
16,
-13,
-58,
2,
-70,
-61,
-7,
-69,
84,
-19,
-1,
27,
-17,
77,
-46,
5,
-42,
-29,
-7,
20,
6,
47,
8,
6,
-17,
11,
31,
24,
29,
53,
29,
58,
-17,
59,
-2,
-59,
-2,
-3,
0,
6,
-44,
-54,
-11,
18,
-30,
39,
-16,
-10,
-35,
0,
-50,
13,
-7,
38,
-6,
-55,
-31,
-22,
44,
18,
30,
33,
15,
10,
20,
66,
46,
16,
-7,
14,
-23,
-1,
-8,
31,
-22,
32,
-46,
-48,
16,
-1,
-5,
14,
3,
-8,
-1,
-11,
4,
7,
-9,
4,
-8,
9,
18,
-49,
37,
34,
-71,
-8,
48,
-44,
-24,
5,
-12,
50,
13,
-12,
21,
52,
-4,
34,
-42,
-39,
-7,
23,
-4,
3,
-23,
-63,
24,
4,
9,
8,
5,
-69,
-30,
6,
-5,
10,
0,
20,
-12,
27,
-18,
15,
-46,
-8,
27,
3,
53,
-24,
8,
13,
23,
-21,
-29,
-25,
19,
-29,
-65,
-30,
-37,
38,
16,
26,
-42,
-13,
46,
9,
3,
-33,
16,
27,
-36,
-17,
-24,
-28,
-33,
-12,
-18,
22,
-50,
17,
-55,
-33,
-23,
43,
41,
-36,
-60,
8,
-29,
-6,
2,
33,
-24,
-7,
18,
47,
-34,
1,
3,
-7,
5,
44,
15,
44,
-46,
-22,
18,
33,
-8,
7,
44,
-8,
-1,
30,
-47,
8,
-16,
-10,
35,
-47,
23,
-54,
-20,
-4,
44,
-2,
-14,
9,
0,
-4,
47,
16,
7,
-11,
10,
15,
-48,
-28,
5,
-8,
10,
0,
2,
19,
-11,
-15,
-16,
-19,
-2,
35,
-4,
33,
1,
-3,
-9,
12,
81,
20,
32,
-25,
46,
-26,
5,
45,
-23,
-20,
3,
-26,
-34,
72,
-27,
-36,
29,
-3,
-90,
3,
10,
7,
-27,
-5,
-21,
27,
41,
-50,
3,
44,
38,
-31,
38,
-19,
-44,
33,
6,
50,
-3,
-8,
-49,
-35,
-13,
9,
-4,
43,
-9,
7,
67,
38,
-4,
15,
6,
22,
-11,
32,
15,
40,
28,
47,
-5,
-43,
-16,
-35,
-30,
7,
-12,
9,
-45,
-9,
-27,
0,
-11,
-32,
24,
-20,
-13,
2,
-31,
25,
44,
1,
12,
7,
-30,
54,
29,
36,
35,
38,
-51,
-7,
16,
23,
-18,
19,
27,
27,
-69,
7,
25,
-64,
10,
6,
6,
-22,
16,
-33,
-36,
-20,
4,
-29,
-23,
-3,
-11,
6,
-15,
37,
-3,
39,
-54,
-9,
34,
-17,
20,
30,
-28,
-44,
59,
-60,
1,
-44,
-40,
-3,
-68,
24,
-47,
-20,
-48,
4,
-71,
2,
13,
42,
-3,
18,
-27,
8,
2,
-24,
45,
29,
-9,
0,
26,
-7,
-5,
0,
8,
-2,
45,
13,
33,
20,
2,
22,
-4,
25,
-2,
-26,
-26,
-32,
14,
-31,
4,
31,
-11,
-9,
17,
25,
19,
63,
15,
-31,
-8,
76,
23,
-6,
-43,
-26,
17,
-30,
24,
-20,
18,
46,
19,
-8,
70,
-29,
27,
14,
13,
20,
-34,
-23,
3,
-17,
-5,
3,
0,
-9,
16,
10,
11,
-38,
25,
19,
-21,
13,
-7,
-23,
20,
11,
-41,
-29,
0,
34,
-57,
17,
-4,
30,
11,
5,
3,
-26,
-12,
32,
58,
23,
-10,
4,
5,
-8,
-23,
-46,
11,
13,
0,
-64,
-45,
16,
63,
20,
-19,
0,
13,
31,
20,
-24,
7,
-15,
10,
5,
10,
21,
25,
32,
-14,
11,
35,
12,
-13,
-34,
30,
-24,
-9,
14,
-3,
-7,
-15,
-36,
48,
22,
-1,
-20,
29,
18,
-36,
15,
-55,
24,
-9,
1,
21,
-12,
-4,
14,
27,
34,
-17,
-35,
16,
31,
2,
38,
-8,
9,
-63,
34,
19,
-21,
-4,
-5,
-63,
-20,
27,
-17,
-3,
55,
49,
-14,
26,
5,
7,
-8,
-55,
49,
-26,
-31,
44,
10,
4,
10,
39,
-25,
-47,
35,
-32,
-23,
12,
-64,
10,
41,
-41,
39,
19,
-25,
7,
-17,
-3,
92,
-52,
1,
-13,
-46,
-16,
0,
-22,
-2,
-39,
14,
-34,
-18,
-20,
27,
-4,
25,
0,
10,
11,
-28,
-18,
20,
4,
-73,
-17,
-9,
-25,
0,
22,
-6,
31,
-17,
-25,
5,
0,
-55,
20,
10,
-32,
-6,
37,
-31,
18,
64,
-38,
58,
-14,
-53,
-1,
9,
24,
-7,
25,
-5,
5,
-12,
38,
-9,
6,
19,
46,
-12,
92,
-6,
-65,
-4,
3,
23,
36,
5,
7,
-20,
-5,
-27,
-8,
1,
-29,
48,
19,
-8,
-32,
0,
57,
15,
12,
8,
30,
-2,
-19,
-36,
-28,
-25,
0,
-27,
-2,
-6,
27,
-7,
5,
73,
17,
21,
76,
-12,
0,
-23,
77,
29,
19,
-3,
-12,
10,
43,
17,
47,
-40,
-8,
-9,
44,
61,
2,
5,
11,
2,
-12,
-16,
15,
-39,
18,
21,
-21,
25,
-12,
1,
11,
25,
-34,
-4,
-6,
35,
35,
12,
-62,
2,
13,
-37,
-7,
2,
63,
-19,
-27,
9,
10,
53,
0,
-17,
2,
46,
-49,
10,
-35,
-22,
20,
22,
-9,
-36,
-93,
0,
-3,
-38,
-88,
33,
-28,
-61,
-14,
-12,
7,
43,
-26,
-11,
10,
-39,
-9,
-25,
4,
-3,
0,
40,
-11,
3,
-17,
15,
-40,
24,
13,
-33,
28,
-22,
12,
36,
0,
14,
-33,
-48,
28,
60,
-35,
14,
-36,
-2,
7,
22,
0,
-30,
-7,
41
] |
In applications for mandamus all record evidence relied upon should be brought before the court as exhibits, in the shape of certified copies or authenticated in some way, rather than by bare recital of its existence in the petition.
Kronin vs. Board of Supervisors, 58 M., 448. | [
31,
-58,
78,
0,
68,
4,
12,
10,
18,
-11,
7,
-68,
23,
14,
-69,
31,
8,
-31,
4,
-65,
-17,
46,
-9,
0,
-11,
41,
13,
13,
-31,
-46,
-59,
23,
-35,
-41,
-25,
-63,
21,
-27,
55,
11,
21,
0,
9,
-25,
-58,
12,
22,
25,
18,
18,
-17,
12,
-11,
4,
32,
24,
-27,
-30,
83,
-66,
-25,
-14,
-5,
6,
-4,
7,
-4,
-94,
6,
-58,
2,
21,
-7,
-62,
54,
36,
36,
46,
12,
-3,
35,
0,
-22,
31,
41,
22,
-4,
-5,
75,
-86,
26,
3,
-30,
-20,
-19,
-35,
-6,
31,
49,
46,
-101,
49,
-41,
-50,
37,
21,
-46,
1,
3,
-67,
43,
-55,
45,
-13,
-3,
-10,
-15,
40,
-12,
-28,
36,
-9,
-35,
-64,
-19,
50,
12,
-5,
-30,
3,
8,
23,
20,
9,
1,
-39,
-5,
-5,
8,
-56,
-40,
35,
59,
18,
-3,
-17,
33,
-16,
11,
-29,
36,
-39,
-19,
-32,
-15,
-4,
-8,
-53,
4,
-5,
-9,
73,
-52,
-42,
31,
-4,
-11,
5,
38,
14,
-15,
22,
33,
13,
61,
-33,
36,
62,
27,
-25,
26,
-2,
72,
-11,
-87,
-5,
-114,
38,
2,
-56,
26,
15,
11,
15,
14,
-2,
-4,
45,
5,
-72,
-11,
-18,
19,
-95,
3,
-11,
-7,
-81,
-61,
48,
-6,
36,
3,
18,
-20,
-12,
17,
-29,
16,
64,
-33,
0,
55,
-47,
37,
83,
-11,
30,
2,
9,
-10,
42,
32,
-27,
45,
31,
66,
3,
72,
6,
-31,
-31,
-34,
-4,
39,
-29,
-9,
12,
-6,
-69,
-9,
24,
-25,
-46,
-52,
-70,
9,
26,
-15,
-31,
-11,
43,
33,
17,
-40,
20,
-5,
38,
-21,
78,
-35,
45,
18,
-11,
33,
22,
-14,
-27,
-35,
1,
-8,
23,
-12,
-40,
10,
4,
-47,
-22,
26,
9,
19,
9,
-26,
-11,
-9,
47,
-52,
-49,
37,
-12,
-21,
11,
-13,
-50,
17,
-18,
-32,
-48,
9,
7,
67,
42,
-6,
34,
9,
10,
-10,
-22,
-2,
45,
5,
42,
-42,
-43,
-28,
38,
11,
-61,
40,
-19,
-13,
-31,
35,
-14,
3,
27,
0,
20,
-1,
47,
38,
12,
-13,
27,
-33,
3,
-18,
3,
29,
-47,
21,
50,
-48,
30,
7,
-90,
-101,
24,
21,
71,
14,
44,
29,
14,
-11,
-11,
-37,
0,
-8,
-69,
14,
-32,
4,
-23,
-27,
-58,
12,
-4,
30,
-2,
-58,
-56,
-10,
-5,
-3,
4,
56,
0,
-25,
-13,
28,
-28,
-83,
-45,
-18,
-27,
-5,
5,
1,
-28,
-40,
36,
2,
29,
-38,
3,
14,
-33,
32,
56,
46,
20,
-70,
6,
-25,
3,
57,
19,
-16,
-45,
-16,
-22,
5,
42,
46,
-51,
-20,
16,
-5,
6,
-70,
0,
-1,
33,
12,
-25,
20,
-98,
51,
-34,
17,
-77,
-75,
12,
-72,
16,
4,
-7,
-13,
0,
-57,
52,
-32,
-12,
63,
14,
23,
26,
44,
-13,
3,
2,
33,
-22,
77,
55,
-12,
-61,
31,
-26,
11,
-21,
11,
52,
-11,
-8,
16,
21,
29,
-17,
-6,
60,
-17,
-6,
-1,
50,
-30,
31,
29,
2,
-25,
-16,
-40,
54,
-24,
38,
14,
-38,
-4,
-3,
-70,
18,
9,
-2,
52,
47,
19,
56,
0,
35,
-97,
9,
-20,
17,
13,
85,
-32,
-37,
-58,
10,
14,
-30,
-9,
14,
-39,
5,
35,
6,
-31,
28,
31,
-6,
8,
32,
-6,
66,
-39,
14,
-26,
-20,
19,
12,
26,
19,
48,
-15,
-15,
12,
-32,
-4,
3,
56,
-32,
16,
-19,
-7,
5,
15,
-43,
-15,
-11,
-71,
2,
-30,
-16,
1,
-10,
15,
-1,
-55,
-13,
-83,
31,
28,
-6,
29,
-53,
16,
39,
12,
13,
18,
-50,
-16,
-11,
-18,
1,
-42,
78,
-81,
-29,
-38,
43,
-35,
-50,
55,
-82,
23,
-17,
18,
4,
9,
18,
-57,
-8,
54,
31,
45,
-63,
-93,
-13,
-78,
2,
-28,
-77,
-37,
0,
23,
-26,
24,
-31,
3,
-4,
19,
-4,
0,
30,
9,
0,
36,
-58,
-10,
-37,
-34,
25,
-23,
-66,
-4,
13,
-42,
-23,
23,
-13,
-8,
49,
-75,
28,
29,
25,
22,
0,
50,
48,
-10,
-45,
37,
9,
30,
-13,
-16,
-10,
-66,
-24,
-17,
-5,
4,
66,
29,
61,
-30,
21,
18,
-77,
20,
7,
26,
-8,
-57,
33,
-40,
-2,
24,
14,
1,
-8,
11,
81,
-2,
-55,
5,
-37,
112,
54,
15,
26,
-24,
28,
52,
11,
8,
7,
-12,
-18,
47,
-10,
-39,
-44,
11,
36,
-17,
17,
9,
-54,
36,
32,
23,
-23,
14,
48,
-36,
9,
-22,
33,
-1,
-4,
37,
22,
42,
36,
-18,
-3,
-96,
-27,
-27,
-33,
51,
13,
21,
20,
44,
-18,
-28,
66,
-52,
-24,
17,
-6,
-8,
-34,
25,
32,
-49,
7,
-33,
-17,
23,
-27,
-42,
40,
-10,
3,
-19,
-92,
17,
10,
42,
37,
29,
5,
-25,
-4,
-61,
56,
-14,
-32,
47,
2,
14,
91,
30,
-31,
-24,
14,
55,
42,
-43,
-58,
-39,
-47,
29,
-5,
11,
21,
-8,
50,
21,
17,
-61,
-37,
-1,
51,
-12,
-22,
0,
-17,
64,
-31,
56,
-30,
44,
53,
0,
-81,
-46,
-11,
-45,
71,
10,
-11,
-44,
11,
-20,
-3,
57,
-25,
36,
23,
-23,
-12,
-6,
31,
-1,
25,
17,
9,
-1,
21,
-1,
3,
26,
-43,
-11,
-36,
-2,
-67,
19,
-30,
2,
11,
37,
18,
40,
-41,
15,
47,
-50,
44,
-23,
24,
-23,
24,
59,
-9,
34,
-6,
25,
-13,
9,
7,
-7,
19,
0,
5,
-7,
54,
-43,
13,
1,
-29,
39,
-22,
0,
7,
-40,
6,
-11,
52,
17,
45,
-30,
5,
2,
16,
64,
19,
-4,
21,
-38,
-64,
11,
-11,
3,
25,
107,
25,
27,
-9,
-17,
3,
30,
21,
-18,
5,
-29,
-44,
-22,
-20,
-53,
26,
11,
43,
68,
-8,
10,
5,
-29,
35,
24,
-18,
-7,
-71,
-63,
-18,
35,
112,
10,
1,
-53,
50,
29,
10,
-47,
-41,
-22,
-4,
28,
-37,
19,
-57,
-20,
-28,
5,
-48,
-17,
-25,
41,
-4,
-32,
-21,
61,
29,
3,
-1,
-6,
9,
-13,
-31,
30,
37,
28,
-16,
21,
-72,
5,
-21,
-3,
22,
-45,
41,
73,
-11,
-20,
-9,
-5,
21,
1,
24,
-26,
-11,
6,
44,
44,
-19,
-14,
-28,
8,
-44,
42,
-16,
4,
11,
18,
1,
-35,
2,
-16,
-32,
-47,
-68,
-46,
-25,
-5,
26,
0,
16,
-5,
3,
0,
7,
35,
37,
27,
49,
30
] |
To compel vacation of order extending time to settle bill of exceptions.
Order to show cause issued February 24, 1891. No return made.
Judgment for defendant March 13, 1890. On February 3, 1891, plaintiff served a copy of a bill of exceptions with notice of application for settlement thereof on defendant’s attorney. At the hearing defendant objected to the signing of the bill of exceptions, on the ground that the time for settling same had passed, whereupon the court made an order extending the time in which to settle the bill of exceptions for fifteen days from and after Februarv 9th instant. | [
-75,
2,
38,
60,
30,
1,
28,
-8,
7,
59,
20,
-3,
-12,
-47,
-7,
3,
-24,
-36,
-2,
1,
-47,
2,
45,
-34,
9,
39,
16,
-55,
-3,
-15,
-12,
-33,
-29,
-24,
-3,
-18,
29,
-20,
44,
5,
13,
-39,
3,
-22,
-14,
-12,
-37,
9,
23,
-15,
32,
-14,
-30,
20,
-60,
11,
-74,
-36,
0,
55,
-39,
11,
13,
14,
-20,
95,
-16,
-11,
-11,
29,
-1,
36,
80,
2,
16,
-17,
0,
-24,
-17,
0,
-2,
33,
-16,
-9,
0,
-5,
6,
35,
65,
-21,
-64,
4,
-13,
-61,
-24,
-10,
-47,
15,
-14,
8,
-16,
-32,
-77,
-8,
12,
-7,
-36,
-14,
-57,
-21,
73,
4,
6,
-17,
19,
4,
-51,
-3,
-33,
-28,
17,
39,
39,
15,
-41,
7,
-19,
-62,
40,
14,
-65,
8,
11,
31,
8,
40,
14,
-16,
-3,
-74,
17,
-47,
15,
-6,
-15,
32,
-31,
15,
-36,
-15,
-15,
81,
-1,
66,
-10,
32,
9,
-36,
37,
-18,
-8,
12,
-11,
-35,
41,
-81,
22,
0,
48,
-36,
19,
23,
-7,
6,
-14,
22,
18,
-22,
-2,
-38,
-8,
87,
-28,
-59,
35,
1,
-57,
42,
13,
-12,
24,
-49,
4,
69,
6,
-25,
11,
-14,
28,
35,
-40,
-37,
17,
29,
26,
-3,
0,
-19,
-22,
-31,
-58,
0,
-20,
-39,
-20,
19,
64,
-30,
-35,
56,
37,
-40,
-9,
23,
-19,
-40,
75,
0,
8,
77,
-61,
-1,
41,
28,
37,
51,
-36,
-1,
24,
34,
-27,
6,
-4,
-52,
-11,
50,
-2,
10,
8,
1,
-9,
29,
-14,
9,
8,
11,
-37,
-20,
-43,
6,
9,
-22,
41,
-14,
6,
-5,
-5,
-14,
23,
-13,
-16,
-13,
29,
59,
-27,
-52,
-5,
-20,
-34,
-58,
-13,
16,
1,
-5,
-25,
-28,
26,
-20,
-1,
7,
-39,
52,
5,
26,
68,
83,
-25,
62,
-24,
-34,
-35,
-66,
17,
-4,
-24,
-1,
38,
-19,
34,
-54,
-21,
-7,
17,
-33,
-34,
20,
-53,
29,
-37,
-20,
-2,
72,
12,
47,
-57,
0,
14,
29,
60,
51,
5,
11,
-42,
5,
32,
16,
13,
18,
-34,
22,
7,
43,
-2,
-4,
-2,
51,
55,
-34,
35,
38,
-28,
11,
-22,
-4,
28,
48,
-27,
-81,
-64,
96,
71,
-36,
-25,
-43,
71,
-27,
30,
-3,
3,
-6,
-33,
22,
-32,
-38,
-12,
-16,
10,
43,
27,
53,
7,
-32,
-22,
9,
25,
-6,
-8,
-25,
44,
8,
-5,
23,
18,
-22,
-15,
21,
-11,
-39,
-41,
-3,
-9,
27,
19,
-42,
27,
-5,
-41,
-2,
-18,
32,
38,
-38,
16,
17,
-36,
-26,
8,
-31,
33,
-23,
5,
13,
-36,
12,
26,
-39,
74,
10,
12,
28,
34,
18,
19,
-9,
-19,
41,
9,
-48,
-19,
-20,
16,
21,
-34,
35,
-5,
48,
-6,
-30,
23,
0,
64,
-5,
41,
37,
17,
37,
30,
38,
-29,
-35,
3,
-41,
-49,
74,
-14,
-20,
-20,
-1,
4,
28,
-47,
-34,
97,
29,
-42,
10,
-10,
21,
18,
1,
-28,
0,
-5,
21,
22,
17,
8,
9,
-25,
-16,
35,
-55,
-50,
0,
-51,
-28,
-70,
-32,
-46,
67,
-63,
13,
7,
32,
45,
3,
-13,
14,
63,
23,
-16,
-54,
47,
17,
-7,
-12,
17,
-4,
6,
3,
-43,
-30,
-32,
5,
-53,
-7,
-23,
-8,
-11,
-5,
4,
-14,
-29,
-14,
-62,
31,
-48,
0,
-2,
-17,
-1,
36,
-6,
20,
89,
29,
-10,
-17,
20,
3,
1,
19,
39,
-2,
-60,
6,
8,
49,
1,
-11,
8,
-2,
-21,
-9,
-32,
9,
23,
21,
-32,
94,
-14,
29,
14,
37,
5,
33,
-65,
-33,
41,
-27,
-13,
-21,
-11,
-59,
20,
12,
27,
22,
2,
9,
5,
40,
-5,
35,
11,
-8,
36,
-23,
10,
70,
20,
15,
-48,
18,
2,
-3,
-38,
15,
-12,
-27,
13,
-7,
-35,
-4,
-32,
-24,
51,
10,
10,
2,
-14,
-23,
27,
43,
-6,
12,
1,
8,
4,
10,
17,
-2,
14,
-6,
10,
73,
28,
32,
-15,
-4,
-54,
39,
28,
-12,
-53,
40,
-2,
-32,
0,
18,
36,
31,
-5,
-36,
14,
8,
33,
-28,
22,
13,
-27,
-91,
15,
0,
-9,
8,
20,
0,
11,
-7,
25,
-1,
35,
-11,
3,
34,
-37,
14,
-20,
-15,
-41,
-46,
6,
-3,
-5,
34,
4,
69,
28,
0,
-9,
22,
19,
10,
29,
-3,
-12,
25,
9,
-3,
-8,
25,
21,
-2,
-9,
-21,
-24,
45,
47,
47,
-38,
26,
9,
2,
62,
-7,
39,
-4,
-21,
-49,
-11,
9,
33,
72,
-98,
16,
-15,
0,
36,
34,
-16,
33,
-17,
-17,
-72,
-1,
-61,
-35,
25,
-28,
-11,
-8,
0,
15,
0,
39,
-44,
-7,
-16,
-27,
30,
-28,
-42,
-6,
17,
25,
-39,
-24,
-14,
-5,
7,
34,
17,
18,
-26,
6,
46,
-14,
-20,
-18,
25,
8,
32,
-52,
19,
-31,
-39,
36,
60,
-46,
5,
-5,
-16,
-23,
76,
-40,
56,
-10,
32,
12,
7,
-64,
-23,
-43,
10,
-29,
-80,
-36,
-19,
-9,
-6,
-56,
6,
28,
10,
50,
8,
54,
-39,
-29,
-54,
8,
-34,
-12,
-36,
-48,
-34,
-15,
21,
-18,
-23,
40,
-49,
31,
65,
-22,
-1,
-17,
25,
-37,
38,
-78,
-20,
-30,
-13,
-12,
35,
-26,
1,
-18,
-20,
20,
5,
-37,
-9,
0,
-70,
60,
-22,
-22,
13,
31,
-37,
-10,
-26,
-30,
40,
-74,
26,
-37,
-21,
-28,
-10,
-48,
43,
-20,
-10,
28,
64,
15,
25,
-57,
-2,
-16,
-13,
47,
3,
-30,
-2,
-50,
-26,
-51,
53,
-5,
17,
-30,
-17,
12,
-3,
5,
-45,
-14,
-4,
37,
-1,
-2,
-58,
-29,
13,
92,
-19,
77,
27,
-5,
-1,
2,
-19,
5,
-8,
-4,
56,
5,
-6,
-46,
-9,
-14,
-15,
9,
12,
11,
51,
-43,
9,
-17,
12,
40,
19,
-17,
17,
12,
-16,
-22,
17,
-13,
31,
-3,
8,
-46,
-32,
-19,
-20,
-53,
28,
-16,
9,
6,
37,
25,
48,
-5,
-27,
23,
-37,
5,
2,
-23,
28,
-23,
2,
11,
-36,
23,
48,
0,
-3,
48,
29,
4,
-38,
25,
-16,
10,
-37,
50,
-27,
28,
10,
-30,
-17,
10,
-4,
-71,
-14,
-60,
31,
56,
-46,
-28,
-13,
22,
7,
15,
-8,
12,
1,
-22,
-36,
-29,
34,
25,
-35,
-11,
8,
28,
-13,
-32,
-26,
14,
-56,
1,
3,
16,
57,
-7,
-38,
2,
3,
-9,
16,
-10,
40,
-21,
4,
17
] |
To compel the board of supervisors to take action, under Act No. 62, Laws of 1889, providing for the construction of bridges-over streams which form the boundary line between two- townships.
Denied June 14, 1889, on the ground that the act does not apply to navigable rivers over which it would be necessary to construct a drawbridge, and maintain and manage the same during; the season of navigation. | [
-30,
25,
2,
-51,
62,
35,
5,
35,
-12,
30,
-62,
-7,
45,
-4,
69,
9,
-6,
-3,
-16,
62,
-23,
31,
12,
-19,
-38,
28,
54,
-4,
-89,
-2,
2,
-16,
-107,
61,
4,
-31,
-4,
26,
50,
-28,
-20,
12,
-15,
2,
73,
8,
11,
-3,
-68,
34,
-35,
32,
-3,
2,
-56,
54,
9,
-66,
-23,
7,
-43,
-14,
-9,
35,
0,
4,
-49,
11,
37,
-6,
20,
-43,
-20,
14,
68,
61,
47,
-23,
56,
7,
-3,
93,
-31,
9,
-8,
9,
-54,
29,
-6,
29,
-29,
-24,
-30,
1,
7,
17,
-53,
21,
-10,
-21,
87,
69,
56,
10,
25,
18,
-14,
49,
9,
-93,
-6,
-7,
-12,
-26,
57,
11,
-50,
-9,
-16,
12,
15,
78,
56,
-8,
-34,
-23,
-1,
-20,
-58,
26,
-3,
-25,
39,
7,
-6,
21,
-64,
3,
-3,
5,
-11,
41,
19,
-10,
9,
-22,
1,
7,
-47,
-16,
13,
38,
-22,
-32,
-24,
15,
36,
-36,
55,
7,
-41,
47,
36,
-4,
-74,
15,
-14,
-38,
29,
52,
31,
14,
20,
-19,
-48,
-83,
32,
48,
17,
50,
28,
-23,
23,
89,
-23,
2,
-17,
20,
-1,
-54,
31,
-50,
75,
26,
11,
50,
-1,
-14,
37,
1,
8,
1,
-18,
34,
-21,
2,
-105,
36,
-41,
21,
5,
44,
-29,
-16,
58,
69,
46,
7,
67,
-55,
59,
18,
76,
-5,
-45,
-17,
-33,
15,
65,
-5,
40,
30,
20,
45,
19,
9,
-58,
0,
24,
1,
4,
43,
-49,
-6,
-9,
-40,
-21,
-14,
-21,
13,
-26,
-53,
-14,
1,
-10,
54,
14,
-1,
-18,
-28,
12,
9,
46,
-28,
-17,
8,
-20,
5,
-34,
-24,
-1,
29,
18,
-7,
-88,
-19,
61,
7,
-24,
-5,
-46,
-82,
-39,
-6,
27,
17,
-32,
-13,
-12,
36,
-24,
7,
18,
35,
-21,
21,
1,
0,
48,
-38,
-78,
-32,
-30,
12,
56,
-43,
-60,
-58,
40,
-51,
12,
0,
-26,
44,
-5,
25,
45,
-5,
-59,
12,
57,
-6,
-3,
62,
2,
31,
22,
55,
18,
75,
13,
-27,
-8,
38,
73,
22,
11,
-48,
-65,
0,
38,
39,
86,
-20,
-7,
-30,
-28,
-47,
60,
-2,
-28,
2,
-39,
-29,
-27,
3,
-10,
21,
-4,
31,
22,
91,
-30,
-13,
-4,
-41,
14,
11,
48,
11,
36,
30,
-34,
8,
42,
61,
-28,
29,
0,
-1,
-43,
43,
45,
-10,
34,
51,
29,
-20,
-17,
-32,
64,
-17,
-48,
14,
24,
30,
12,
-33,
-13,
-58,
-32,
-5,
-16,
23,
28,
15,
-6,
23,
29,
-18,
-54,
-39,
34,
5,
24,
2,
-23,
-5,
32,
36,
53,
-18,
-26,
-10,
3,
-71,
4,
-16,
-28,
37,
-67,
40,
40,
11,
-21,
0,
9,
-34,
-17,
-72,
-32,
-11,
109,
31,
-74,
-65,
7,
51,
-41,
-60,
-3,
84,
-99,
-5,
3,
14,
0,
28,
9,
-15,
-41,
-2,
-63,
11,
-20,
5,
-72,
-13,
40,
10,
-1,
32,
-6,
-52,
-4,
-14,
-14,
19,
8,
-15,
18,
-1,
-18,
-39,
-37,
-41,
-3,
43,
36,
-33,
50,
12,
20,
34,
54,
15,
4,
-5,
1,
62,
-12,
69,
-36,
-45,
-46,
71,
12,
69,
47,
14,
4,
-66,
24,
17,
-59,
56,
-75,
10,
12,
-21,
3,
-17,
-14,
-47,
15,
29,
-26,
-41,
10,
40,
-24,
-26,
-3,
38,
-34,
14,
20,
20,
-40,
41,
17,
-12,
2,
23,
6,
51,
-48,
-52,
-13,
-35,
-30,
-25,
13,
-26,
-19,
-29,
-62,
-34,
1,
-37,
-48,
-61,
-15,
-55,
-30,
67,
-1,
78,
-14,
-31,
48,
-20,
-27,
27,
33,
16,
-39,
-35,
46,
58,
5,
-62,
-57,
-37,
6,
23,
-19,
-20,
-26,
-4,
-66,
13,
-77,
22,
42,
34,
-2,
74,
-14,
12,
11,
20,
10,
27,
-8,
34,
2,
3,
9,
8,
-41,
-59,
17,
26,
25,
15,
-17,
33,
19,
-59,
49,
10,
2,
-50,
-37,
5,
59,
86,
18,
11,
-40,
52,
-57,
26,
18,
8,
27,
-5,
49,
39,
-26,
-6,
-74,
-23,
-29,
-38,
-8,
38,
-19,
0,
-24,
0,
-28,
-36,
17,
68,
-33,
7,
33,
-3,
53,
-37,
2,
14,
0,
-3,
-8,
13,
0,
-40,
4,
-16,
14,
-7,
-18,
-49,
5,
47,
26,
15,
53,
-28,
-18,
-48,
2,
-41,
30,
56,
-51,
-5,
48,
-60,
18,
37,
23,
5,
-92,
33,
18,
-12,
36,
-39,
-16,
-9,
-39,
-53,
-20,
-26,
-37,
-4,
-70,
-42,
0,
-12,
51,
2,
13,
-11,
13,
35,
14,
-24,
0,
55,
-45,
12,
-33,
-110,
15,
28,
-36,
28,
-2,
-26,
59,
-2,
-48,
76,
44,
-80,
20,
-39,
-18,
-18,
-53,
-25,
-14,
-23,
-26,
-3,
13,
-11,
-10,
6,
-29,
-2,
-13,
25,
-9,
8,
0,
-27,
18,
39,
-24,
-46,
-5,
16,
38,
29,
-13,
-7,
-20,
-51,
3,
-49,
-70,
-40,
19,
-1,
5,
-33,
12,
-76,
48,
-5,
3,
-40,
24,
-27,
-27,
18,
-42,
12,
-1,
0,
48,
29,
47,
-21,
-23,
56,
-22,
20,
-28,
-6,
-40,
5,
-32,
49,
32,
-33,
-45,
-9,
61,
-24,
-14,
37,
17,
-62,
5,
35,
-3,
-3,
56,
14,
15,
-1,
-20,
2,
43,
17,
6,
-27,
-28,
-77,
6,
4,
28,
-37,
-78,
7,
17,
-81,
-24,
-49,
25,
-28,
-62,
41,
-34,
-5,
-39,
23,
40,
71,
6,
12,
-6,
32,
11,
9,
51,
-10,
-25,
7,
1,
-60,
-39,
-13,
9,
-49,
-1,
-35,
2,
10,
-66,
-22,
-46,
62,
16,
-46,
32,
-43,
-6,
-37,
16,
-21,
72,
67,
1,
11,
37,
0,
27,
-15,
-52,
4,
-16,
33,
-15,
-13,
-23,
26,
-14,
-73,
24,
0,
58,
19,
-53,
-15,
-15,
-41,
-50,
-73,
-49,
-48,
-18,
61,
41,
-6,
0,
-32,
-42,
11,
-44,
37,
14,
-8,
-43,
-28,
-26,
-4,
-30,
9,
27,
-47,
58,
4,
38,
-22,
-2,
-11,
58,
25,
6,
41,
1,
1,
21,
26,
-4,
-18,
48,
-5,
-28,
10,
-3,
21,
50,
57,
22,
33,
-51,
-56,
35,
-32,
-30,
48,
-6,
24,
9,
33,
-29,
94,
-32,
-73,
10,
-73,
39,
29,
28,
38,
-26,
2,
-1,
63,
28,
1,
-51,
-19,
1,
-46,
-37,
25,
-109,
-12,
-30,
34,
60,
23,
-26,
27,
43,
10,
6,
-5,
32,
23,
16,
45,
15,
49,
32,
11,
24,
8,
47,
-15,
48,
-56,
-96,
-17
] |
To compel respondent to allow to him, as county clerk, certain charges.
The circuit judge denied the application. Affirmed July 8, 1896, with costs.
Held, that the disbursements were proper charges if the account liad been properly itemized, but the gross sum of $25 for postage and express charges might well be rejected on account of indefiniteness; that as to the work done at the request of the state statistician there is nothing in the act providing for such' office that makes it the duty of the county clerk to do this work, or the duty of the board to pay for it; that as to the claim for services rendered in the tax proceedings, there is nothing in the record to show that any work was done under the provisions of Act No. 206, of the Laws of 1893. | [
10,
17,
8,
-2,
-20,
54,
47,
-27,
0,
57,
16,
-5,
27,
46,
22,
3,
-50,
10,
7,
-13,
-27,
-21,
-25,
43,
-56,
8,
32,
69,
-18,
12,
28,
52,
-21,
12,
-8,
1,
-26,
2,
-14,
-11,
-27,
-27,
20,
12,
-32,
-17,
-27,
-20,
-17,
-8,
-30,
-3,
-39,
15,
59,
52,
23,
-45,
-18,
-4,
-53,
-3,
20,
78,
5,
-19,
-82,
15,
-20,
-25,
-13,
-47,
-16,
-34,
59,
-24,
-29,
2,
-53,
101,
-5,
-29,
-28,
-54,
-4,
11,
-29,
-48,
27,
-26,
-17,
-15,
-37,
22,
26,
70,
24,
45,
37,
33,
0,
-9,
33,
26,
-5,
24,
6,
-13,
-50,
0,
5,
-10,
-9,
-15,
-19,
20,
8,
24,
14,
-60,
-32,
44,
52,
39,
-7,
46,
-25,
-13,
-11,
-32,
26,
23,
-15,
-17,
-11,
-13,
62,
-48,
-20,
17,
56,
36,
0,
-7,
-26,
-26,
67,
-1,
-54,
13,
-10,
33,
24,
16,
-22,
15,
32,
-59,
13,
-86,
-5,
42,
11,
-77,
23,
27,
12,
51,
-30,
8,
-44,
57,
-15,
13,
38,
-29,
23,
8,
5,
15,
21,
25,
25,
15,
40,
49,
20,
-20,
51,
21,
-29,
-1,
23,
-44,
-4,
-5,
53,
-20,
-10,
-28,
15,
-30,
22,
47,
40,
-10,
15,
27,
-63,
34,
-52,
-16,
13,
-11,
-28,
38,
-25,
12,
-12,
38,
-41,
70,
9,
62,
-46,
15,
-6,
12,
-11,
13,
-4,
45,
21,
-5,
-18,
1,
-3,
-12,
0,
18,
-66,
-9,
-7,
1,
0,
-25,
-10,
15,
4,
-5,
6,
-14,
-12,
11,
18,
-13,
-1,
-8,
9,
-13,
-12,
13,
17,
-12,
-37,
-55,
73,
27,
47,
-1,
4,
52,
32,
-27,
-11,
-23,
15,
-26,
-13,
-4,
0,
-3,
-17,
-13,
-87,
0,
18,
20,
58,
44,
0,
-19,
6,
45,
24,
0,
33,
30,
50,
-10,
-42,
-39,
33,
-2,
38,
-43,
-7,
-31,
-49,
-1,
15,
13,
-28,
-56,
8,
-26,
-32,
-39,
-29,
39,
25,
49,
11,
10,
15,
67,
6,
-28,
13,
8,
-14,
-9,
5,
-33,
-21,
1,
50,
-51,
12,
-10,
18,
9,
-71,
61,
16,
0,
-54,
-21,
32,
52,
-13,
-14,
-26,
65,
0,
21,
-9,
-19,
-30,
40,
12,
-6,
11,
-47,
-24,
-35,
-3,
-8,
22,
5,
25,
-27,
-28,
-41,
33,
0,
-18,
6,
16,
-27,
-7,
-5,
-61,
-13,
10,
-5,
46,
-28,
-3,
-17,
30,
48,
-9,
-7,
-21,
-10,
1,
-63,
-24,
22,
-33,
18,
0,
44,
-22,
26,
18,
-10,
-40,
30,
-25,
-32,
-14,
0,
5,
33,
8,
22,
42,
27,
45,
-43,
-26,
-24,
-24,
-28,
-44,
82,
-23,
-24,
-25,
-19,
41,
-23,
-14,
-20,
9,
26,
-9,
-8,
-19,
7,
-7,
35,
-9,
-33,
-31,
6,
-5,
-16,
-16,
-25,
-2,
14,
-8,
32,
-18,
-40,
0,
-3,
-23,
44,
-20,
-3,
28,
6,
-18,
27,
10,
-52,
-52,
-5,
-71,
-40,
1,
13,
-55,
-19,
40,
13,
-35,
-27,
-16,
3,
25,
-13,
-21,
2,
-47,
-31,
31,
14,
-17,
-26,
19,
26,
-57,
-19,
-26,
44,
9,
6,
74,
-23,
-43,
-41,
-3,
35,
-8,
19,
26,
-1,
49,
4,
4,
-9,
-48,
30,
-21,
-28,
15,
3,
-93,
-12,
50,
51,
-24,
19,
42,
68,
-22,
35,
-40,
-28,
-49,
-43,
-22,
19,
11,
20,
10,
31,
43,
71,
10,
64,
-29,
-32,
-42,
-60,
10,
3,
-1,
20,
-25,
-24,
6,
-29,
-12,
-12,
-18,
-41,
-5,
-38,
45,
-61,
15,
21,
-42,
-23,
60,
-31,
-41,
21,
11,
0,
-10,
-37,
18,
-26,
37,
17,
1,
-70,
-9,
-27,
-53,
1,
19,
18,
5,
9,
-50,
9,
-29,
-31,
-72,
8,
13,
0,
-12,
33,
-4,
12,
7,
48,
-33,
56,
23,
-32,
21,
23,
40,
25,
21,
2,
6,
-11,
7,
-53,
26,
37,
-24,
3,
-48,
-26,
-17,
-18,
-10,
-4,
38,
-17,
33,
21,
-31,
36,
-6,
-1,
-16,
-6,
38,
12,
-47,
-29,
2,
21,
-8,
-26,
14,
10,
46,
18,
20,
5,
-39,
39,
13,
-23,
-3,
2,
4,
-5,
-1,
33,
-8,
50,
8,
39,
67,
-23,
-15,
-84,
1,
-19,
40,
-73,
18,
17,
25,
-4,
38,
33,
5,
-3,
21,
-17,
11,
0,
9,
-38,
61,
-3,
-25,
30,
-40,
-20,
-15,
31,
-41,
-3,
19,
-26,
-13,
15,
0,
-16,
-15,
-40,
-3,
-6,
-36,
-23,
20,
-20,
51,
-7,
16,
8,
9,
-24,
18,
-71,
-3,
-9,
-56,
37,
9,
-23,
0,
-14,
6,
63,
-23,
10,
-1,
42,
-7,
7,
15,
-23,
10,
-3,
0,
49,
-27,
29,
-8,
-57,
-93,
27,
49,
-6,
15,
-15,
-59,
17,
-33,
1,
0,
-37,
-25,
1,
-20,
25,
14,
0,
-69,
-5,
25,
-5,
-10,
28,
13,
-19,
38,
2,
-18,
-38,
22,
-40,
56,
-12,
-36,
-17,
26,
-70,
-8,
-12,
4,
-7,
14,
-94,
46,
-51,
-19,
36,
0,
21,
10,
1,
-18,
16,
-18,
-25,
-2,
61,
-11,
20,
-46,
-20,
41,
-3,
-38,
-26,
14,
-14,
-18,
50,
-46,
-43,
20,
-9,
29,
26,
-21,
5,
-11,
49,
-54,
60,
23,
17,
2,
-18,
-16,
-11,
3,
-23,
-41,
20,
-27,
-14,
28,
18,
12,
-1,
-29,
19,
6,
1,
-5,
-3,
-14,
-13,
0,
23,
55,
-5,
13,
40,
63,
46,
11,
-22,
-8,
24,
41,
2,
47,
-3,
-5,
-5,
35,
-34,
-18,
41,
13,
13,
5,
0,
-41,
41,
-20,
12,
9,
-29,
-17,
-7,
11,
17,
9,
-13,
-25,
4,
69,
-26,
-9,
-23,
-46,
-30,
6,
12,
6,
-6,
51,
-14,
-9,
-22,
-12,
6,
16,
-7,
-2,
-2,
-22,
-72,
-19,
-21,
-29,
0,
16,
27,
-10,
5,
0,
-1,
28,
-2,
9,
0,
-14,
-6,
11,
46,
33,
13,
-18,
1,
81,
-18,
39,
21,
38,
-56,
-56,
-10,
-28,
66,
25,
4,
-30,
-7,
33,
3,
-15,
-11,
-69,
-12,
-24,
37,
-50,
12,
34,
4,
-27,
5,
93,
-39,
-55,
27,
8,
4,
10,
-29,
-3,
0,
2,
-10,
-9,
-26,
63,
-13,
-11,
8,
-44,
15,
-56,
5,
-22,
13,
35,
-43,
40,
-21,
-32,
44,
-43,
-4,
0,
-11,
57,
-15,
19,
-19,
-6,
-9,
48,
22,
-19,
6,
-23,
62,
16,
55,
31,
22,
-6,
29,
11,
6,
13,
-15,
-57,
-17
] |
To compel issuance of warrant for the payment of a certain judgment against the city.
Order to show cause issued January 3, 1893.
Case afterwards settled. | [
6,
5,
65,
49,
-8,
31,
18,
-25,
17,
-17,
18,
-47,
-51,
39,
29,
42,
1,
-17,
71,
-54,
-46,
-3,
-6,
-9,
-14,
23,
53,
-21,
-55,
-33,
10,
-48,
-14,
55,
0,
-11,
22,
-25,
62,
2,
6,
77,
-52,
8,
-61,
-17,
-76,
-12,
23,
-18,
-41,
-29,
-16,
-6,
-53,
16,
-48,
-30,
9,
24,
-52,
-28,
9,
43,
-27,
14,
-24,
-9,
-36,
17,
7,
21,
20,
36,
26,
16,
-26,
-38,
-13,
26,
47,
42,
-15,
25,
54,
4,
-23,
-21,
11,
-7,
-15,
26,
-26,
21,
-44,
21,
-6,
-11,
10,
54,
27,
3,
-25,
20,
24,
-4,
-1,
-37,
-53,
-17,
24,
7,
43,
-36,
-49,
37,
-58,
34,
47,
-7,
-20,
9,
17,
-17,
-45,
23,
-39,
-32,
30,
-4,
-18,
-35,
39,
-3,
8,
-8,
10,
16,
3,
46,
21,
7,
-20,
-11,
-17,
-10,
23,
36,
-33,
33,
-26,
-2,
36,
62,
-14,
42,
-9,
-76,
-8,
-5,
67,
38,
14,
-23,
8,
-47,
-26,
-16,
-24,
48,
18,
45,
-4,
4,
0,
-67,
23,
36,
-8,
-17,
-28,
18,
-18,
17,
58,
40,
15,
36,
28,
-3,
35,
-34,
-38,
43,
10,
-3,
58,
-75,
48,
-32,
-22,
0,
-57,
-111,
-44,
4,
53,
18,
-40,
60,
7,
-19,
4,
31,
-9,
19,
-6,
3,
29,
5,
-22,
47,
-30,
48,
-33,
-15,
29,
52,
0,
32,
44,
15,
41,
9,
36,
38,
-5,
38,
4,
20,
-26,
39,
-48,
-26,
13,
28,
17,
-25,
-19,
-20,
4,
-31,
-13,
-13,
-20,
-12,
-47,
15,
42,
14,
28,
21,
42,
32,
-26,
-39,
21,
-30,
6,
-21,
-3,
20,
7,
53,
3,
12,
-69,
4,
-40,
26,
-16,
-30,
-67,
33,
50,
-17,
18,
0,
39,
12,
-37,
-14,
-29,
12,
20,
49,
-59,
21,
54,
-47,
-18,
-2,
0,
33,
-4,
-16,
14,
-30,
-10,
-36,
27,
22,
-24,
8,
-51,
66,
10,
-47,
-10,
-38,
-10,
15,
-40,
-11,
-6,
16,
51,
61,
-19,
2,
69,
-33,
-14,
-29,
-20,
52,
33,
23,
-32,
-5,
-4,
-21,
27,
14,
11,
19,
35,
-8,
-16,
-17,
-37,
-21,
-1,
2,
-36,
-3,
-53,
-45,
-4,
28,
45,
-10,
3,
13,
24,
-36,
1,
-32,
-19,
13,
-14,
-27,
-66,
-18,
-40,
-7,
14,
1,
-8,
68,
36,
-39,
-33,
32,
26,
20,
39,
23,
-35,
-35,
47,
48,
4,
-17,
-3,
-47,
-26,
-7,
-57,
-22,
-25,
41,
57,
0,
1,
-42,
14,
-2,
70,
28,
13,
-55,
37,
-7,
-25,
12,
18,
3,
30,
-3,
-12,
8,
-33,
-14,
-10,
34,
11,
-13,
-9,
18,
-1,
16,
46,
14,
13,
-32,
-42,
-53,
19,
-53,
13,
-32,
55,
97,
-4,
-20,
16,
-5,
-15,
52,
76,
-23,
19,
41,
-56,
18,
42,
-3,
32,
-10,
-4,
3,
-61,
0,
-36,
68,
-57,
46,
6,
21,
-37,
-32,
-4,
-28,
-71,
-32,
21,
-23,
-6,
-5,
-30,
39,
17,
18,
-24,
-15,
56,
9,
-4,
35,
-19,
-12,
-29,
0,
47,
13,
-36,
-18,
3,
17,
-6,
10,
-6,
32,
-4,
30,
56,
3,
26,
3,
-6,
-25,
-12,
7,
62,
25,
-54,
-18,
-21,
23,
-14,
-20,
-50,
-12,
43,
16,
21,
2,
-45,
-17,
2,
-31,
-21,
-10,
11,
56,
-29,
18,
5,
-43,
-42,
27,
47,
-20,
-15,
32,
-12,
-30,
29,
16,
-21,
4,
30,
-37,
-54,
-29,
43,
25,
7,
-2,
10,
-58,
6,
-13,
-68,
39,
40,
-11,
-32,
16,
-57,
-15,
0,
50,
7,
26,
-93,
28,
46,
-6,
-31,
-39,
-88,
-19,
96,
20,
23,
-41,
-21,
-43,
-54,
39,
8,
19,
-33,
25,
-54,
24,
6,
-5,
13,
-11,
-10,
-39,
11,
-40,
-4,
-5,
-3,
-18,
36,
-12,
25,
-11,
9,
10,
31,
29,
-31,
-13,
-48,
-84,
26,
-11,
-22,
-21,
3,
-30,
-3,
14,
-26,
37,
-22,
7,
38,
24,
6,
62,
21,
4,
-17,
72,
-4,
-65,
2,
36,
-50,
-8,
8,
13,
-4,
-10,
31,
-33,
64,
0,
40,
-41,
42,
-17,
-27,
-39,
-44,
-36,
14,
-12,
0,
31,
-11,
5,
6,
-37,
11,
4,
-34,
-16,
-17,
19,
-29,
-59,
25,
18,
-19,
0,
-41,
9,
-45,
28,
-16,
15,
-16,
-44,
1,
41,
66,
12,
11,
-4,
62,
-11,
42,
-24,
7,
-27,
-16,
-8,
-26,
24,
11,
-5,
23,
-29,
-66,
7,
33,
-55,
33,
19,
27,
-70,
1,
5,
-7,
28,
-45,
72,
-61,
9,
6,
-7,
12,
42,
10,
5,
-61,
-12,
-53,
-1,
16,
-43,
-16,
20,
0,
18,
-5,
-11,
-32,
2,
-83,
11,
32,
-49,
70,
-5,
-2,
-28,
-5,
43,
5,
12,
-12,
40,
57,
11,
-23,
30,
18,
-44,
-11,
-4,
40,
2,
45,
-58,
1,
-52,
2,
18,
63,
-23,
22,
-55,
-41,
14,
6,
-16,
8,
9,
14,
4,
54,
-61,
37,
-10,
-28,
-45,
-13,
-59,
-39,
-25,
-2,
-5,
25,
-2,
-47,
85,
-11,
55,
-24,
20,
-41,
-3,
-47,
-40,
-26,
17,
-25,
-17,
13,
-11,
-44,
-5,
4,
50,
-15,
43,
34,
-12,
16,
20,
53,
-32,
26,
-49,
-55,
13,
-6,
9,
-17,
45,
-24,
-10,
17,
-41,
-17,
-2,
-45,
64,
-15,
-16,
-3,
36,
-12,
-19,
-27,
4,
21,
-23,
6,
-16,
-26,
7,
4,
-27,
16,
13,
-34,
-7,
52,
1,
4,
32,
-29,
31,
-7,
77,
47,
-11,
43,
-84,
12,
-16,
11,
-22,
-13,
36,
-30,
-12,
36,
37,
-31,
-11,
8,
3,
12,
36,
-46,
-30,
-5,
42,
-10,
17,
46,
0,
8,
-35,
-34,
12,
-75,
-21,
51,
-2,
4,
-12,
-8,
0,
-56,
9,
27,
8,
76,
26,
4,
27,
-19,
-37,
18,
20,
38,
-40,
3,
-37,
17,
65,
7,
-5,
40,
-59,
70,
34,
-23,
-20,
-15,
-45,
12,
-3,
1,
-49,
68,
-13,
14,
-14,
-44,
-8,
12,
21,
27,
30,
-16,
-40,
6,
14,
52,
-48,
-7,
21,
-20,
10,
33,
-21,
37,
39,
-30,
-15,
-38,
-21,
-35,
-13,
-19,
15,
66,
-32,
18,
4,
11,
78,
40,
5,
-19,
-18,
33,
-38,
-26,
7,
-40,
-10,
-45,
32,
11,
26,
-23,
26,
2,
-7,
-26,
-14,
13,
24,
-30,
-7,
-16,
3,
5,
-16,
-42,
-3,
12,
2,
57,
-31,
42,
-23,
-26,
42
] |
To compel relator’s release from imprisonment under the poor debtor’s act.
Denied, with costs, June 15, 1892.
In case for slander commenced by capias, judgment was rendered against relator, and a body execution issued, whereupon he-gave a bond for the jail limits and was released from custody. He now claims the benefit of Chap. 309, How. Stat., and asks, that the sheriff be compelled to take steps for his discharge.
Held, that the latter chapter has no application to such a case- | [
60,
18,
-24,
74,
31,
-36,
12,
-29,
-1,
27,
29,
-7,
-7,
-3,
27,
4,
72,
28,
-12,
36,
35,
-49,
36,
57,
19,
-14,
46,
-4,
-44,
8,
33,
-1,
-33,
18,
19,
-42,
-13,
-31,
68,
5,
-19,
-31,
26,
30,
-44,
-2,
-44,
3,
-12,
-27,
-29,
-27,
4,
64,
37,
28,
16,
-13,
-58,
47,
-11,
-33,
-44,
-20,
-13,
-9,
-30,
8,
12,
-8,
25,
-36,
0,
20,
77,
-58,
-37,
-57,
73,
49,
14,
-14,
7,
35,
-26,
-7,
-29,
-20,
-64,
18,
-14,
45,
-60,
29,
17,
-2,
23,
-6,
-4,
5,
26,
22,
-3,
48,
22,
1,
4,
0,
1,
33,
0,
11,
30,
28,
-3,
-25,
-86,
-31,
48,
-20,
-35,
-1,
77,
-14,
-27,
-34,
-7,
-48,
19,
-2,
9,
-8,
18,
-18,
-55,
9,
39,
34,
20,
-4,
-50,
5,
0,
-42,
40,
0,
22,
0,
-9,
21,
-50,
55,
69,
45,
15,
11,
35,
8,
-51,
-6,
58,
-18,
-47,
37,
23,
-8,
-24,
0,
28,
-9,
12,
58,
-40,
52,
-38,
-13,
-60,
18,
-2,
11,
-17,
28,
-29,
32,
53,
-6,
32,
-5,
-25,
-3,
-36,
38,
-23,
5,
51,
4,
12,
-68,
32,
38,
-35,
39,
-10,
67,
57,
-47,
4,
-16,
-18,
-32,
-40,
9,
-23,
-39,
-5,
9,
0,
-41,
44,
25,
3,
45,
-2,
35,
-19,
-8,
23,
56,
40,
-12,
39,
11,
-14,
-5,
-1,
0,
-6,
-6,
20,
32,
-59,
75,
-2,
-32,
25,
10,
7,
-8,
7,
-12,
26,
11,
-28,
21,
-86,
28,
-20,
0,
-15,
-20,
10,
46,
28,
18,
7,
-10,
11,
-21,
34,
-5,
0,
6,
13,
10,
-12,
9,
-12,
-21,
31,
-65,
-9,
-1,
-25,
-9,
-53,
-9,
-51,
-11,
-35,
-45,
82,
-33,
22,
-10,
13,
39,
2,
20,
28,
29,
-1,
-80,
-14,
4,
-47,
-6,
33,
12,
22,
-39,
-3,
15,
-3,
58,
42,
-30,
13,
-5,
-31,
-47,
-8,
-2,
-1,
-36,
4,
-33,
11,
43,
-19,
75,
-5,
-38,
-43,
-63,
7,
67,
-31,
41,
-12,
-5,
38,
-13,
-35,
-9,
-8,
-17,
-42,
4,
-51,
-1,
-38,
-9,
-31,
14,
0,
7,
-24,
7,
6,
30,
28,
-41,
-21,
-35,
30,
-6,
-1,
-17,
21,
32,
45,
4,
-72,
-30,
18,
33,
-28,
39,
-12,
9,
8,
11,
36,
-17,
24,
-19,
-17,
15,
-10,
-26,
14,
39,
-38,
-21,
15,
31,
7,
-2,
17,
-32,
-42,
59,
-25,
18,
-27,
18,
8,
75,
-31,
10,
-22,
42,
-10,
47,
3,
1,
-16,
-1,
-23,
-12,
41,
-26,
79,
-17,
20,
24,
-57,
7,
-44,
-43,
-39,
-10,
19,
25,
-13,
-17,
-22,
-6,
-6,
-33,
-19,
2,
47,
21,
50,
18,
-29,
-42,
19,
-18,
-54,
-6,
-33,
21,
-17,
8,
15,
55,
-28,
17,
-19,
-16,
-28,
9,
35,
-63,
-38,
1,
1,
-5,
-42,
-6,
27,
-14,
-9,
-43,
2,
29,
9,
-8,
-19,
22,
-5,
-20,
-15,
46,
-12,
-19,
-7,
4,
-3,
-33,
-9,
32,
23,
-21,
13,
-7,
-14,
39,
0,
85,
-29,
11,
-13,
13,
45,
2,
50,
6,
14,
26,
33,
-13,
-2,
-1,
-10,
5,
-9,
-11,
6,
42,
-19,
-34,
35,
1,
-15,
16,
-21,
14,
-23,
-53,
28,
-48,
-37,
18,
1,
29,
-22,
-19,
-38,
50,
-1,
-3,
7,
27,
4,
-9,
37,
47,
-35,
7,
31,
1,
28,
-56,
-9,
-44,
-37,
51,
3,
-40,
-29,
-11,
-60,
-21,
46,
10,
-1,
-20,
27,
19,
-29,
66,
-3,
2,
-16,
-46,
49,
-9,
12,
1,
15,
-13,
6,
-19,
-33,
-8,
-12,
6,
-64,
40,
21,
-17,
-51,
-13,
-25,
-31,
26,
1,
-42,
62,
39,
-34,
-18,
26,
43,
-27,
1,
44,
16,
50,
-13,
-17,
-19,
37,
11,
17,
-25,
3,
10,
12,
-39,
-6,
-66,
-88,
-17,
-76,
4,
18,
-29,
-16,
-22,
1,
-39,
4,
18,
52,
3,
-19,
-35,
-5,
-7,
-63,
-41,
40,
-5,
43,
-21,
-14,
-57,
-24,
-27,
-10,
24,
25,
-36,
-8,
66,
23,
-28,
-13,
-42,
20,
14,
-30,
4,
60,
-19,
8,
16,
-65,
21,
6,
4,
10,
-49,
52,
19,
-13,
-55,
-10,
-4,
-16,
-45,
2,
-13,
40,
14,
16,
36,
-26,
4,
56,
20,
17,
10,
19,
-32,
25,
11,
-82,
-7,
9,
27,
-41,
-60,
0,
7,
-46,
7,
6,
-38,
-10,
51,
-18,
3,
-59,
11,
2,
-23,
-23,
-19,
23,
12,
37,
-5,
0,
-12,
-13,
-46,
54,
6,
4,
3,
-22,
-59,
16,
20,
-26,
-36,
-14,
-36,
19,
19,
-26,
-63,
-48,
-4,
42,
90,
-36,
-31,
36,
-92,
-7,
-15,
0,
-52,
15,
-7,
57,
-16,
1,
-9,
7,
-48,
-41,
64,
-7,
-17,
-3,
38,
-10,
-1,
7,
17,
-3,
25,
-14,
19,
-11,
-61,
9,
-10,
-48,
27,
-69,
-35,
-24,
-25,
-43,
15,
80,
-46,
-4,
86,
-26,
-45,
-20,
33,
17,
-31,
0,
81,
14,
35,
1,
-43,
-1,
-7,
-3,
-59,
20,
-31,
-13,
-14,
-21,
4,
-6,
-5,
-6,
53,
20,
-4,
54,
17,
13,
-43,
24,
54,
-14,
-35,
12,
15,
-29,
0,
-14,
-10,
-47,
-6,
-43,
30,
21,
16,
-62,
30,
-28,
0,
-1,
41,
-7,
6,
25,
-43,
13,
28,
-30,
-8,
-5,
21,
9,
52,
-24,
-15,
-30,
19,
18,
44,
6,
15,
-11,
16,
48,
-39,
45,
50,
3,
16,
25,
25,
-7,
-14,
11,
-4,
48,
-10,
-58,
5,
-19,
1,
14,
-8,
-11,
-14,
-3,
8,
-53,
0,
-28,
44,
-15,
-33,
17,
33,
-62,
-29,
21,
18,
32,
-6,
-8,
10,
-6,
-17,
-12,
0,
25,
1,
6,
5,
22,
5,
9,
1,
-9,
-26,
16,
-33,
12,
1,
-10,
-8,
5,
5,
8,
39,
-5,
27,
5,
31,
17,
-47,
14,
-22,
19,
11,
20,
32,
16,
-41,
4,
37,
-7,
-26,
32,
-19,
15,
-20,
39,
-58,
14,
-35,
7,
-11,
50,
7,
15,
-28,
-8,
26,
28,
6,
0,
3,
13,
-7,
-40,
17,
-30,
1,
-42,
-26,
-5,
-79,
-3,
1,
-33,
-16,
-32,
17,
20,
0,
41,
20,
15,
-22,
-15,
24,
2,
-45,
-6,
-3,
17,
-17,
-52,
28,
32,
30,
-14,
25,
-43,
35,
27,
7,
17,
9,
21,
43,
60,
13,
-24,
-10,
6
] |
To compel respondent to issue a deed, where lands assessed as five separate parcels and by as many different descriptions, were advertised and sold for the taxes of 1893, under two descriptions, and the taxes had been paid within the time required by law upon two of the five descriptions, and the parcels upon which the taxes had been paid were included within the descriptions by which the lands were advertised and sold.
Denied May 25, 1897, with costs.
Held, that the respondent was justified in refusing to issue a deed to one who had purchased the State bid, there being no way of determining upon what portion of the land the taxes had been paid. | [
52,
39,
-15,
16,
9,
51,
20,
41,
15,
17,
30,
-4,
21,
43,
12,
36,
-35,
-1,
12,
1,
-24,
-31,
-86,
28,
-8,
-18,
45,
29,
-46,
-3,
33,
8,
-45,
21,
2,
30,
2,
-21,
25,
-16,
-38,
44,
-36,
3,
-6,
-22,
-72,
-67,
-18,
23,
19,
-15,
0,
9,
20,
-1,
-22,
-48,
-27,
-19,
-25,
-7,
-17,
45,
-27,
-43,
29,
-13,
47,
-72,
-32,
-27,
20,
-20,
47,
5,
9,
5,
-31,
15,
18,
-1,
11,
-27,
1,
32,
-29,
-35,
47,
-2,
-45,
-23,
37,
-23,
-17,
88,
24,
24,
32,
11,
54,
-9,
20,
26,
32,
-11,
-16,
24,
-17,
-14,
-6,
-30,
-6,
-19,
-41,
-4,
-7,
-4,
-28,
-30,
-34,
18,
31,
15,
0,
-41,
-72,
-38,
-33,
-43,
-38,
12,
-7,
-5,
12,
-25,
7,
-13,
26,
-19,
36,
19,
-39,
-38,
-2,
-12,
50,
11,
-38,
-21,
-63,
35,
-16,
24,
-37,
25,
70,
-27,
-1,
-67,
13,
18,
-1,
-30,
27,
35,
-19,
32,
1,
-10,
52,
32,
-23,
-7,
44,
-56,
68,
31,
24,
35,
7,
-6,
10,
4,
61,
-26,
15,
25,
2,
-9,
25,
-3,
16,
-21,
35,
9,
20,
-24,
4,
-26,
-21,
-17,
-6,
23,
39,
18,
-32,
67,
-38,
29,
-69,
0,
10,
-21,
-41,
15,
-20,
2,
20,
-12,
24,
56,
-37,
13,
-32,
27,
35,
8,
-8,
39,
-26,
44,
54,
16,
-24,
0,
-13,
-23,
-7,
-12,
-21,
-26,
-11,
4,
-14,
16,
36,
5,
16,
39,
17,
-28,
-28,
63,
18,
-8,
-20,
26,
-14,
-31,
12,
65,
8,
-40,
-1,
-45,
56,
-22,
-4,
23,
17,
15,
21,
20,
-42,
8,
-6,
-42,
-19,
-11,
42,
-28,
22,
36,
-63,
48,
-24,
46,
-4,
15,
-10,
-31,
33,
-30,
2,
-2,
-3,
14,
17,
-50,
-6,
-17,
67,
39,
11,
-16,
28,
-41,
32,
10,
9,
-3,
-37,
14,
-6,
10,
14,
-68,
-49,
0,
-9,
-14,
11,
29,
24,
25,
26,
-37,
-3,
39,
-14,
-56,
-3,
-7,
-43,
2,
29,
-48,
-3,
20,
18,
57,
-11,
-6,
66,
6,
-27,
-31,
57,
17,
17,
3,
-44,
2,
-27,
3,
-1,
16,
6,
52,
29,
23,
-11,
-12,
-47,
-20,
0,
-27,
37,
3,
4,
-2,
-23,
21,
-15,
27,
-6,
44,
-28,
8,
-30,
8,
-49,
65,
57,
63,
63,
-28,
-2,
-40,
26,
11,
-9,
-11,
52,
-18,
-12,
-44,
-2,
-4,
-26,
26,
28,
34,
-44,
2,
6,
36,
-29,
14,
-8,
-34,
9,
-8,
19,
4,
7,
-5,
1,
83,
48,
-31,
-8,
24,
-17,
-37,
-13,
33,
-50,
47,
-55,
0,
54,
-27,
-6,
-20,
-34,
15,
-20,
21,
-11,
0,
6,
50,
-7,
-23,
-57,
-11,
-24,
17,
0,
-10,
-71,
23,
-40,
14,
42,
-42,
60,
-23,
2,
15,
-24,
-45,
-1,
-12,
-40,
-20,
-7,
-47,
12,
43,
19,
-84,
-17,
34,
-3,
-12,
29,
7,
-20,
-36,
-38,
-23,
-13,
-34,
-69,
51,
-15,
-47,
44,
-7,
59,
-13,
3,
-14,
-7,
-22,
54,
3,
-4,
43,
-33,
9,
-47,
-6,
10,
28,
22,
10,
-13,
-28,
-5,
-2,
21,
52,
-36,
-20,
-47,
15,
-22,
1,
-71,
-39,
73,
15,
26,
5,
10,
2,
14,
-23,
12,
22,
-16,
-34,
0,
29,
-14,
1,
-31,
33,
7,
62,
3,
43,
9,
-53,
-12,
-17,
-13,
-27,
-29,
3,
-51,
-12,
8,
-51,
-40,
-5,
-23,
-35,
-1,
-96,
-3,
-58,
43,
-37,
-58,
52,
-20,
-28,
-14,
10,
2,
-22,
-32,
-37,
-6,
23,
-41,
-21,
0,
-41,
18,
27,
-38,
22,
-31,
7,
-30,
0,
-43,
10,
-69,
-31,
-32,
51,
-17,
-6,
-32,
-16,
-34,
-20,
-13,
14,
-44,
-29,
6,
17,
2,
14,
70,
14,
19,
38,
45,
-35,
29,
-41,
36,
17,
-17,
-55,
6,
-7,
-28,
15,
-11,
18,
-2,
5,
-20,
1,
-14,
37,
42,
53,
32,
-28,
32,
-12,
-100,
-3,
0,
3,
-20,
-22,
14,
-5,
9,
-7,
-6,
-26,
27,
17,
-3,
-48,
27,
12,
45,
-24,
42,
18,
16,
-21,
49,
8,
16,
-2,
-25,
-36,
-6,
-7,
5,
-14,
23,
38,
52,
47,
46,
-34,
27,
0,
21,
-6,
3,
-2,
28,
17,
31,
3,
31,
33,
0,
7,
-30,
25,
7,
30,
25,
57,
13,
17,
-6,
27,
-16,
-12,
-1,
-13,
-6,
-8,
17,
-15,
22,
23,
15,
-11,
-5,
-30,
44,
11,
21,
0,
-6,
20,
11,
-19,
33,
17,
16,
82,
-1,
-14,
-3,
16,
7,
18,
60,
-74,
-7,
-40,
-10,
37,
-11,
3,
1,
-17,
-57,
25,
16,
-33,
3,
55,
-40,
-23,
-79,
54,
40,
-40,
-31,
24,
-37,
2,
-5,
-32,
-59,
-64,
16,
31,
6,
5,
-39,
-37,
16,
-31,
10,
26,
27,
-25,
8,
-6,
-38,
-2,
-1,
-25,
25,
-19,
10,
11,
-9,
-1,
26,
10,
-21,
-19,
-5,
-9,
-14,
-49,
-63,
29,
19,
19,
11,
14,
-17,
56,
-35,
-2,
-1,
-37,
-76,
-43,
-53,
-42,
10,
55,
-28,
-45,
-5,
0,
-10,
49,
-35,
0,
58,
50,
-6,
-14,
60,
7,
1,
0,
-12,
-32,
13,
35,
-1,
-9,
-40,
1,
-11,
-4,
23,
-13,
-50,
22,
17,
-6,
-48,
27,
-2,
37,
-52,
18,
-3,
40,
32,
21,
43,
20,
20,
43,
-31,
-25,
47,
-6,
54,
38,
0,
-22,
-2,
6,
55,
27,
-18,
23,
22,
-30,
3,
11,
-35,
2,
-23,
1,
-4,
-18,
4,
21,
2,
-61,
-23,
6,
-3,
-14,
34,
-11,
-43,
9,
26,
-5,
-18,
5,
42,
-39,
17,
8,
37,
24,
23,
-28,
6,
-63,
-24,
-24,
-18,
-66,
-20,
35,
64,
34,
-67,
-37,
-62,
-46,
0,
5,
22,
-49,
8,
82,
-23,
4,
25,
-14,
46,
-45,
16,
58,
13,
-3,
-39,
-31,
-83,
2,
-1,
42,
46,
14,
-5,
26,
63,
19,
3,
30,
-31,
10,
-50,
-3,
10,
-10,
31,
-2,
12,
6,
31,
39,
-38,
0,
-7,
19,
-6,
15,
-3,
43,
-13,
-7,
-28,
-11,
34,
-4,
7,
-10,
-12,
47,
21,
9,
-56,
-24,
4,
4,
18,
-20,
-21,
8,
-49,
53,
0,
-34,
37,
-18,
11,
-22,
-5,
-20,
39,
13,
9,
-57,
-73,
25,
0,
27,
-24,
8,
-17,
55,
48,
-21,
35,
10,
-49,
-2
] |
To compel respondent to vacate orders made in a certain suit commenced against relator, allowing an amended declara tion to be filed; refusing to direct that the amended declaration be stricken from the files; refusing to enter order staying proceedings until the costs of a former trial were paid, and in refusing to compel plaintiff to file security for costs.
Order to show cause denied May 4, 1892. | [
-31,
-43,
-2,
62,
59,
0,
-7,
31,
-28,
-19,
13,
-11,
-24,
12,
-6,
8,
6,
-7,
13,
8,
18,
-23,
-8,
-16,
15,
0,
36,
-52,
-37,
-25,
20,
-15,
-34,
38,
-15,
-61,
-27,
-12,
25,
52,
28,
-23,
57,
-9,
-53,
-31,
-62,
2,
-67,
50,
0,
-15,
-36,
56,
-53,
17,
-7,
27,
-16,
10,
-27,
-22,
-6,
56,
-23,
40,
-31,
-45,
-56,
22,
-13,
-17,
60,
17,
14,
-64,
-53,
-27,
-3,
39,
76,
38,
-17,
-4,
8,
14,
-4,
16,
28,
14,
-63,
43,
-81,
31,
-25,
29,
-27,
45,
56,
33,
42,
3,
-14,
-8,
-28,
3,
18,
8,
-87,
2,
32,
-6,
-10,
-28,
-31,
3,
-66,
-14,
5,
-71,
-8,
-29,
18,
-25,
0,
55,
8,
-56,
41,
4,
-18,
42,
57,
-1,
-17,
-6,
60,
24,
-44,
-32,
0,
13,
41,
2,
-2,
-17,
23,
24,
-60,
21,
19,
73,
39,
80,
-16,
38,
45,
-18,
15,
-9,
27,
34,
-52,
-25,
53,
-4,
-14,
35,
14,
-18,
45,
12,
-18,
-6,
-9,
-35,
25,
39,
-17,
-5,
-2,
13,
23,
-17,
51,
-22,
0,
45,
28,
-13,
2,
-35,
7,
49,
64,
-3,
-21,
-15,
48,
23,
1,
18,
-74,
-83,
14,
-48,
1,
-20,
-16,
20,
-39,
39,
-57,
-18,
18,
-3,
68,
0,
11,
35,
-30,
62,
-18,
63,
-23,
-1,
48,
9,
-13,
75,
16,
25,
-20,
23,
11,
28,
35,
-5,
41,
36,
-13,
47,
-2,
-19,
24,
11,
-28,
46,
0,
-60,
54,
38,
20,
33,
-22,
10,
-59,
11,
-42,
-14,
32,
5,
0,
-29,
-4,
-22,
0,
-23,
46,
-24,
3,
-18,
-26,
23,
17,
12,
-43,
-2,
-24,
-15,
-52,
34,
-29,
6,
-46,
-2,
49,
-24,
0,
21,
-29,
-30,
-25,
1,
30,
22,
-29,
26,
-10,
-62,
-58,
-76,
11,
-12,
-35,
-8,
27,
-36,
-7,
-17,
-6,
37,
-29,
21,
-12,
45,
-11,
6,
-68,
-50,
35,
8,
-2,
23,
-11,
21,
8,
-18,
39,
13,
-13,
-19,
-35,
-5,
2,
42,
17,
-16,
-11,
39,
6,
10,
-37,
-29,
-7,
23,
9,
-41,
0,
19,
9,
2,
-32,
-37,
3,
17,
-110,
-22,
-16,
37,
50,
-25,
-38,
-56,
57,
-17,
14,
-18,
6,
32,
-55,
-39,
-22,
-66,
-14,
-15,
-14,
15,
-30,
1,
-32,
-60,
-30,
-34,
32,
35,
14,
39,
12,
-14,
11,
-6,
39,
-13,
2,
5,
-5,
18,
-26,
18,
-3,
21,
14,
33,
-1,
5,
32,
-16,
1,
46,
56,
23,
0,
33,
-20,
20,
9,
-1,
61,
-6,
8,
-65,
-30,
44,
32,
9,
-9,
-25,
-13,
25,
-10,
10,
34,
-9,
-14,
53,
-13,
-53,
-9,
-28,
-5,
-18,
5,
55,
12,
-10,
-40,
-54,
19,
23,
-26,
-3,
8,
-3,
24,
-11,
54,
50,
-2,
-27,
-5,
-14,
-44,
23,
4,
8,
-34,
14,
27,
61,
-15,
-19,
51,
9,
-42,
-22,
9,
-9,
-38,
-28,
-37,
53,
30,
-9,
44,
48,
21,
-28,
20,
-7,
-32,
10,
32,
38,
5,
27,
-65,
-20,
-8,
59,
-46,
39,
-11,
32,
68,
5,
31,
-30,
25,
-21,
14,
4,
31,
-4,
42,
9,
-11,
-20,
-17,
-25,
-22,
24,
0,
-50,
17,
10,
-20,
21,
-32,
-13,
44,
11,
5,
3,
-69,
-2,
-28,
-8,
-2,
6,
-5,
14,
-1,
29,
47,
15,
-20,
39,
15,
0,
20,
-7,
37,
42,
-52,
-33,
21,
-22,
-36,
-8,
39,
-47,
-46,
-47,
-50,
0,
36,
19,
-25,
44,
-15,
6,
-34,
23,
17,
5,
-44,
-9,
32,
-14,
-16,
-9,
-41,
-52,
41,
-58,
-21,
-15,
-38,
-3,
-54,
-2,
-11,
-48,
-3,
31,
-50,
-12,
51,
12,
10,
34,
-13,
-21,
-51,
-36,
15,
33,
1,
-36,
14,
13,
-49,
-3,
24,
18,
38,
16,
43,
25,
18,
-13,
-3,
-20,
-27,
-47,
-1,
6,
-16,
12,
-12,
35,
42,
25,
17,
28,
8,
30,
25,
-56,
-12,
65,
4,
-39,
-66,
57,
41,
-12,
32,
12,
5,
6,
20,
-54,
61,
0,
4,
-13,
52,
10,
-15,
-68,
-13,
-19,
8,
0,
7,
24,
45,
-11,
-22,
33,
11,
46,
-26,
9,
-17,
5,
-22,
-3,
-31,
6,
17,
-14,
-1,
0,
24,
67,
-5,
14,
20,
-8,
12,
-2,
60,
3,
-58,
30,
4,
-12,
-9,
-4,
100,
-16,
29,
-40,
-75,
-25,
47,
-1,
-20,
7,
-4,
-48,
57,
-13,
-24,
-20,
25,
-38,
45,
6,
22,
101,
-71,
37,
-1,
-4,
46,
-57,
-8,
-13,
13,
-10,
-38,
9,
-60,
-11,
43,
-25,
-1,
-10,
31,
-2,
3,
-8,
-41,
19,
-55,
13,
29,
-66,
-41,
73,
-4,
9,
-58,
-10,
17,
40,
17,
-6,
1,
-13,
-54,
40,
24,
-16,
40,
8,
3,
-40,
40,
-63,
-9,
-21,
52,
6,
44,
4,
26,
-57,
-47,
26,
13,
-24,
55,
15,
-55,
12,
45,
-38,
-49,
-22,
-15,
-24,
9,
-50,
-2,
4,
-5,
7,
37,
13,
-13,
19,
-30,
51,
-29,
-48,
-36,
-50,
-48,
-3,
-37,
-44,
-22,
26,
-28,
-21,
1,
33,
23,
50,
10,
-33,
19,
3,
-18,
17,
55,
-70,
35,
-30,
-23,
-18,
30,
32,
-20,
-24,
-30,
4,
7,
9,
12,
-6,
-45,
0,
-1,
-25,
41,
31,
-42,
23,
-49,
-14,
22,
1,
0,
10,
-1,
5,
29,
-6,
26,
16,
-36,
10,
45,
4,
66,
-47,
20,
25,
8,
29,
30,
-29,
22,
5,
2,
-2,
-9,
11,
-27,
-2,
7,
13,
-53,
21,
6,
-7,
14,
28,
4,
17,
-7,
-66,
-18,
16,
-9,
0,
-2,
26,
32,
-26,
0,
37,
-1,
0,
30,
19,
-20,
-46,
78,
8,
-3,
33,
4,
-19,
27,
8,
-14,
-40,
5,
-36,
6,
46,
35,
-29,
20,
-5,
12,
27,
23,
-39,
28,
6,
1,
30,
-40,
-50,
-2,
-24,
-52,
-3,
8,
6,
27,
10,
-45,
5,
-8,
-34,
14,
40,
38,
-50,
-27,
-26,
-12,
15,
60,
-15,
-11,
9,
6,
-11,
-11,
6,
-12,
44,
1,
-13,
-79,
12,
0,
-45,
-28,
20,
27,
-51,
25,
-60,
-30,
45,
-11,
-7,
-7,
-38,
9,
-25,
-67,
8,
1,
51,
-46,
16,
-26,
92,
-60,
17,
16,
-7,
-12,
-31,
10,
9,
-18,
8,
10,
-56,
8,
18,
-82,
2,
-18,
8,
32,
-49,
15,
-40,
-19,
23
] |
To compel the sheriff to deliver to relator a prisoner, who is suffering from diphtheria, for the purpose of removal to the hospital, there to be kept and cared for until her recovery, and then to be returned.
The circuit judge denied the application, on the ground that, relator was not the health officer of the village, but that another was both de jure and de facto such health officer.
Writ of certiorari refused. | [
75,
-42,
-59,
44,
-28,
0,
-1,
-2,
-66,
20,
-29,
-29,
10,
70,
-5,
-14,
9,
18,
13,
-38,
-38,
19,
-52,
59,
-19,
-14,
12,
25,
-36,
20,
12,
7,
-30,
-4,
41,
-33,
-25,
-22,
31,
40,
2,
11,
27,
-1,
-56,
13,
-16,
78,
-41,
0,
18,
9,
-26,
60,
-17,
16,
0,
-33,
-18,
-20,
-54,
-13,
-71,
26,
-36,
35,
-39,
-39,
-34,
-10,
21,
-56,
-29,
-43,
17,
40,
-21,
-16,
37,
96,
61,
49,
-7,
-14,
-36,
82,
-10,
-12,
48,
-9,
-18,
-6,
-56,
52,
17,
39,
-73,
-17,
40,
-12,
-4,
24,
39,
22,
22,
30,
-1,
-1,
-17,
25,
-40,
-5,
17,
-52,
47,
-11,
-57,
-10,
10,
38,
-61,
-8,
79,
-14,
60,
-7,
27,
-45,
7,
-36,
27,
-41,
41,
-12,
-10,
-28,
27,
33,
14,
39,
-35,
47,
39,
18,
-10,
-47,
12,
-20,
-92,
50,
11,
51,
-10,
20,
1,
80,
23,
-8,
-61,
48,
-1,
24,
-13,
14,
37,
-42,
22,
43,
-3,
-15,
26,
110,
-5,
54,
-34,
14,
-4,
0,
-6,
16,
-7,
34,
-20,
18,
57,
-9,
33,
4,
0,
9,
-35,
0,
0,
19,
54,
1,
-10,
-15,
-6,
22,
-30,
68,
-49,
7,
50,
-60,
-18,
-60,
-3,
-25,
-59,
-29,
-11,
-17,
9,
9,
-3,
21,
-2,
50,
-18,
37,
42,
23,
-26,
31,
-35,
46,
37,
-10,
37,
22,
-29,
47,
6,
-17,
4,
3,
25,
10,
-61,
80,
20,
-17,
-21,
-53,
-31,
44,
-60,
19,
27,
-13,
39,
33,
-68,
-12,
-16,
-6,
2,
-13,
37,
6,
27,
65,
1,
-9,
-21,
25,
43,
-4,
-26,
15,
1,
-48,
2,
0,
10,
25,
35,
41,
25,
7,
-20,
-7,
5,
-22,
-19,
-6,
-16,
-24,
42,
6,
17,
-7,
17,
-2,
7,
14,
18,
-16,
-32,
-19,
-3,
28,
3,
-30,
22,
2,
37,
-24,
47,
-50,
4,
47,
-48,
0,
-46,
-10,
-92,
-10,
-7,
72,
-55,
-38,
7,
63,
-42,
24,
33,
14,
33,
-32,
-48,
-4,
49,
54,
-35,
13,
31,
3,
27,
16,
-48,
9,
-2,
19,
-3,
26,
23,
7,
8,
12,
69,
-11,
-31,
15,
-65,
-37,
-25,
-1,
21,
-47,
-58,
-24,
10,
-63,
49,
-8,
22,
52,
45,
-40,
12,
-44,
-9,
-15,
21,
32,
19,
-5,
0,
0,
16,
16,
-7,
45,
-5,
7,
56,
-21,
6,
-4,
-15,
7,
0,
27,
-30,
-15,
45,
-38,
6,
18,
-21,
42,
4,
12,
-57,
27,
-12,
-29,
-22,
1,
-9,
10,
20,
-27,
-21,
-3,
9,
-63,
21,
-29,
-33,
-34,
9,
-22,
-25,
-42,
29,
-16,
-12,
-36,
28,
4,
31,
-11,
-22,
23,
18,
-58,
-18,
-44,
10,
-24,
-32,
-6,
-16,
-14,
-31,
-33,
-76,
11,
-10,
-34,
-33,
0,
-40,
78,
-19,
-16,
-42,
-31,
-46,
-10,
39,
8,
15,
-7,
-8,
-24,
-9,
5,
12,
-39,
3,
4,
-47,
55,
-3,
22,
-16,
-26,
-12,
-23,
35,
3,
-7,
1,
-3,
15,
15,
-35,
15,
37,
14,
23,
39,
13,
56,
79,
-1,
45,
-34,
-8,
8,
11,
19,
22,
27,
-22,
8,
27,
9,
0,
3,
-16,
-5,
0,
-7,
-20,
10,
0,
0,
-32,
30,
39,
5,
-6,
-19,
21,
2,
-88,
-7,
-7,
-3,
-26,
0,
-14,
26,
-44,
-17,
2,
-30,
-52,
12,
21,
-45,
-6,
-26,
-28,
-10,
34,
19,
12,
18,
5,
-2,
-54,
-9,
30,
-16,
-25,
7,
6,
-20,
-28,
37,
7,
12,
40,
47,
-25,
-65,
40,
16,
-27,
-27,
-21,
35,
28,
-28,
-8,
25,
-14,
5,
-11,
-21,
-15,
-42,
-14,
-64,
39,
-51,
43,
-35,
9,
-28,
-5,
-8,
-9,
-23,
43,
13,
-2,
-5,
20,
62,
16,
3,
2,
-22,
46,
-13,
15,
-27,
19,
14,
15,
-16,
20,
-32,
37,
-40,
-30,
-39,
-73,
-35,
-4,
30,
4,
-48,
31,
6,
0,
-49,
54,
-48,
39,
-39,
-14,
-23,
-31,
-26,
-45,
-15,
41,
54,
-23,
-36,
27,
3,
23,
-7,
16,
32,
7,
0,
-4,
30,
34,
-22,
-12,
-42,
18,
-24,
5,
56,
49,
14,
16,
-20,
-26,
10,
0,
-48,
-55,
39,
-1,
1,
-21,
15,
11,
0,
-29,
28,
-2,
18,
52,
27,
14,
-24,
-28,
8,
45,
77,
-33,
-49,
45,
15,
58,
10,
-58,
-33,
11,
22,
-42,
5,
-88,
-33,
-106,
-16,
-31,
0,
-5,
23,
-44,
-2,
-6,
64,
-2,
-12,
-46,
9,
46,
21,
10,
10,
-12,
31,
-22,
6,
20,
34,
-7,
8,
-32,
-21,
26,
24,
-2,
-37,
-15,
-35,
-10,
-22,
13,
1,
-33,
-41,
20,
38,
14,
-75,
-4,
-27,
20,
17,
-27,
-3,
1,
29,
-25,
-6,
0,
-47,
-13,
11,
-61,
42,
47,
38,
4,
67,
-68,
-8,
-33,
-27,
9,
-12,
-44,
35,
-5,
-9,
-19,
-37,
-29,
0,
-22,
3,
-56,
44,
-31,
-6,
-26,
-2,
13,
13,
13,
7,
14,
36,
8,
-38,
-5,
25,
27,
16,
14,
-46,
41,
9,
29,
-28,
18,
3,
-60,
0,
24,
-60,
3,
16,
-2,
48,
-40,
47,
39,
55,
26,
-16,
3,
12,
2,
11,
-45,
-54,
-46,
14,
17,
-3,
14,
23,
-9,
55,
-25,
-11,
-44,
4,
-22,
-48,
80,
34,
-26,
-24,
17,
-7,
-28,
73,
-33,
-26,
-16,
-24,
16,
34,
-25,
-31,
37,
16,
-32,
-1,
-26,
52,
-48,
-61,
35,
-16,
26,
15,
19,
10,
0,
-1,
-6,
-24,
49,
3,
52,
-32,
-32,
-32,
-5,
0,
48,
0,
58,
4,
1,
-4,
8,
-62,
-20,
-37,
20,
-39,
22,
-31,
-65,
-22,
-1,
37,
-7,
-66,
-14,
-22,
-31,
0,
-24,
-24,
-28,
-32,
-28,
7,
22,
49,
-1,
-2,
13,
-10,
6,
-14,
11,
4,
-29,
-20,
11,
-4,
-8,
39,
10,
-25,
-8,
27,
0,
-23,
16,
-29,
1,
21,
-8,
38,
40,
0,
12,
61,
-41,
-48,
19,
22,
25,
-16,
47,
-10,
4,
-42,
30,
-43,
32,
-7,
35,
-6,
-4,
32,
59,
34,
-8,
4,
5,
-23,
-22,
46,
17,
-28,
-70,
-32,
-3,
-91,
-25,
-53,
-4,
-54,
-18,
-6,
-23,
-38,
34,
24,
69,
-43,
-32,
4,
36,
11,
7,
48,
23,
14,
-17,
54,
-18,
-6,
11,
36,
38,
65,
-6,
39,
3,
39,
-4,
-15,
69,
-9,
-39,
32,
-13
] |
To compel Attorney General to file an information in the nature of a quo warranto, to enquire into the right of one Harris to hold the office of police justice, in the City of Grand Hapids.
Denied October 29, 1879. | [
27,
-54,
0,
47,
25,
64,
-29,
29,
-5,
0,
-54,
-44,
-15,
25,
-16,
81,
23,
84,
89,
-66,
44,
-57,
-19,
-16,
-35,
-40,
88,
5,
-73,
-47,
28,
4,
-69,
-14,
4,
-13,
25,
8,
5,
-16,
-52,
1,
17,
44,
-32,
-63,
-84,
21,
-40,
-26,
-38,
47,
-18,
37,
-47,
4,
44,
-33,
8,
32,
-28,
4,
16,
37,
-66,
-13,
-72,
28,
13,
-44,
1,
18,
-25,
-6,
20,
30,
4,
-77,
51,
24,
-18,
29,
-4,
5,
76,
43,
-50,
-20,
18,
5,
7,
-10,
-24,
20,
-46,
55,
-13,
-11,
33,
18,
18,
41,
23,
37,
47,
-18,
-21,
30,
73,
17,
-52,
-10,
48,
-107,
7,
-4,
-3,
-9,
60,
-22,
-36,
4,
78,
50,
-7,
-26,
-13,
15,
-20,
-11,
-22,
34,
64,
-27,
11,
14,
5,
-16,
-13,
-10,
-16,
29,
29,
1,
-18,
-50,
39,
-15,
2,
92,
-12,
-31,
-29,
18,
-58,
32,
20,
-43,
-32,
37,
-31,
34,
-44,
-80,
13,
7,
-17,
28,
-16,
8,
29,
71,
-60,
36,
-12,
-57,
-33,
17,
-14,
-9,
37,
6,
-50,
26,
-2,
11,
-4,
20,
11,
19,
-16,
-68,
58,
-42,
18,
22,
9,
-59,
16,
-38,
66,
25,
-27,
-30,
27,
-1,
-45,
-23,
-1,
-2,
-35,
-39,
-12,
40,
24,
1,
-23,
14,
61,
-26,
-19,
102,
-21,
49,
5,
84,
33,
58,
-35,
15,
5,
35,
6,
-34,
-13,
-41,
20,
-7,
25,
40,
-25,
26,
-14,
9,
22,
-16,
-26,
-28,
-24,
-32,
-7,
-54,
11,
-45,
-64,
-23,
22,
15,
32,
18,
12,
17,
51,
41,
-22,
-57,
8,
77,
34,
0,
11,
25,
40,
11,
-14,
22,
19,
4,
1,
9,
-32,
-42,
-37,
36,
5,
-64,
18,
-21,
53,
30,
5,
0,
-13,
45,
1,
-9,
-18,
-16,
52,
-49,
-21,
50,
2,
-38,
6,
-89,
21,
-76,
52,
-35,
49,
24,
-41,
16,
-16,
24,
64,
-30,
-40,
-54,
11,
0,
-8,
19,
20,
5,
39,
51,
-11,
-12,
78,
-68,
-37,
-17,
-16,
30,
29,
26,
7,
-27,
-81,
30,
-1,
36,
-61,
4,
21,
1,
56,
16,
3,
-26,
-35,
-21,
-14,
38,
-47,
13,
-13,
8,
28,
34,
34,
20,
-3,
4,
-1,
56,
31,
40,
-25,
-78,
-42,
-15,
1,
0,
-11,
7,
-46,
11,
-1,
-60,
-30,
15,
16,
24,
43,
24,
-32,
-7,
36,
7,
11,
-47,
27,
-21,
33,
12,
47,
-20,
-8,
47,
40,
42,
-39,
58,
-3,
33,
17,
3,
50,
20,
1,
6,
13,
-34,
-12,
6,
53,
24,
-24,
-9,
-39,
4,
-16,
37,
-60,
55,
70,
29,
-10,
-16,
76,
-27,
-12,
-64,
1,
-62,
21,
-40,
-15,
-59,
58,
42,
-3,
-74,
-43,
35,
-43,
24,
-45,
57,
3,
51,
-74,
-19,
41,
43,
0,
13,
-23,
23,
-41,
52,
-3,
32,
-51,
25,
-9,
7,
-3,
10,
-15,
-74,
-48,
-61,
-12,
6,
-3,
-5,
-14,
-1,
21,
-20,
18,
-40,
26,
-39,
15,
20,
7,
-10,
25,
0,
31,
52,
15,
-7,
53,
9,
-18,
13,
-36,
36,
-27,
16,
20,
31,
24,
25,
-9,
6,
-2,
-8,
14,
41,
-10,
-3,
-33,
-46,
46,
3,
-21,
7,
59,
37,
26,
-20,
13,
27,
2,
-5,
0,
-37,
-8,
-74,
8,
78,
31,
82,
31,
-19,
-18,
-21,
-3,
65,
-29,
-18,
-37,
-64,
1,
12,
31,
-26,
-10,
-39,
-1,
-13,
-32,
15,
8,
-6,
-2,
-48,
-55,
13,
14,
8,
24,
-11,
-27,
53,
-34,
58,
38,
-23,
13,
1,
53,
5,
4,
-43,
-5,
-9,
-27,
-9,
-24,
2,
-15,
-38,
-61,
9,
-30,
2,
-18,
15,
-65,
16,
-54,
-18,
-13,
16,
22,
4,
11,
-33,
38,
-7,
26,
-58,
11,
18,
19,
-16,
39,
-15,
-30,
-76,
6,
-57,
27,
32,
12,
-35,
-17,
-36,
10,
2,
10,
12,
-11,
-5,
-11,
35,
-17,
66,
-16,
46,
20,
-15,
42,
9,
-5,
-88,
13,
39,
10,
-30,
26,
-73,
-18,
21,
21,
-17,
8,
-2,
-16,
34,
44,
14,
36,
-19,
-52,
-13,
0,
1,
-32,
37,
37,
50,
-15,
-30,
0,
-59,
-32,
-15,
48,
52,
-50,
-56,
28,
-1,
11,
18,
26,
38,
-34,
10,
-50,
24,
56,
-29,
43,
-21,
21,
23,
-59,
-11,
13,
25,
7,
-1,
14,
-21,
-67,
-28,
4,
-73,
-61,
-10,
-20,
-13,
0,
-17,
55,
-61,
18,
26,
79,
-38,
-30,
-16,
-29,
36,
-42,
48,
-31,
10,
15,
-43,
-6,
-49,
54,
-47,
-29,
-31,
-44,
-7,
-21,
12,
-47,
-71,
26,
6,
51,
4,
33,
-4,
-78,
10,
54,
-30,
-20,
42,
-23,
-25,
-7,
0,
-2,
24,
-22,
-34,
64,
-47,
-7,
18,
-36,
58,
6,
62,
27,
-15,
69,
-47,
25,
-21,
6,
-32,
35,
-2,
63,
9,
-30,
21,
34,
-1,
-21,
16,
-35,
-49,
38,
-76,
-39,
-22,
35,
20,
-13,
-97,
-25,
-18,
-21,
-17,
-20,
-6,
52,
11,
-55,
112,
-30,
-40,
-54,
-4,
-96,
-70,
-28,
5,
-3,
54,
-2,
-22,
6,
-20,
11,
24,
2,
-12,
42,
38,
-19,
15,
-10,
33,
52,
3,
11,
-65,
-48,
-15,
14,
-8,
12,
3,
40,
-2,
-3,
-34,
-54,
46,
-8,
24,
25,
-29,
-24,
-32,
-36,
2,
20,
-21,
18,
11,
17,
12,
36,
-57,
-41,
-24,
25,
-70,
49,
-1,
21,
-11,
7,
17,
87,
51,
18,
12,
36,
-50,
-14,
44,
-28,
-4,
9,
49,
-54,
-33,
68,
0,
39,
-64,
0,
30,
-55,
2,
-17,
-16,
-46,
33,
-44,
-19,
-23,
-9,
-12,
0,
-1,
-16,
0,
-20,
16,
18,
-2,
-53,
-6,
-43,
-32,
15,
-39,
43,
56,
-30,
-25,
45,
30,
-80,
13,
52,
30,
-33,
46,
-39,
-23,
22,
-4,
5,
57,
19,
-39,
44,
20,
38,
-51,
-29,
-22,
47,
-16,
30,
13,
0,
-7,
-93,
32,
12,
18,
44,
-11,
15,
1,
19,
5,
4,
9,
39,
29,
22,
0,
7,
-13,
-20,
33,
-8,
-29,
-1,
-14,
-26,
-64,
-58,
46,
-43,
41,
-37,
13,
45,
-30,
0,
4,
32,
2,
36,
-53,
-59,
-72,
-37,
9,
30,
-38,
74,
-15,
37,
18,
76,
-18,
28,
3,
-16,
11,
-5,
23,
-17,
7,
14,
6,
14,
-4,
3,
29,
11,
41,
-20,
44,
-34,
-66,
-53
] |
To compel respondent to keep his offices at Frankfort instead of Benzonia.
Denied April 7, 1874.
Held, that the writ would not, in such case, issue at the instance of a private individual, in the absence of any showing 'of a refusal by the proper public officer, upon request, to make the application, or that relator has any special interest in the matter not common to citizens generally. The proper public officer to apply in such case is the attorney-general. | [
3,
-65,
1,
17,
9,
30,
17,
19,
-45,
10,
-26,
-37,
17,
31,
-12,
8,
9,
38,
-3,
-21,
-9,
7,
-23,
-22,
-5,
19,
40,
56,
-82,
25,
-5,
-12,
-10,
30,
3,
-17,
-7,
-26,
64,
-54,
-2,
-49,
-31,
-4,
-4,
-38,
-81,
1,
-81,
-5,
-4,
37,
-27,
42,
-4,
-10,
-4,
-87,
-53,
5,
-56,
39,
11,
85,
-11,
17,
5,
-6,
-20,
-50,
0,
-9,
-20,
-60,
23,
0,
-11,
-69,
14,
15,
-25,
10,
9,
-35,
16,
73,
-25,
-3,
-7,
44,
29,
-45,
-49,
-16,
-23,
91,
-18,
0,
18,
-20,
-13,
-24,
-18,
3,
58,
-2,
-21,
27,
36,
-16,
39,
-11,
32,
-33,
-7,
9,
9,
-13,
33,
-7,
-21,
83,
92,
21,
-15,
-37,
-5,
-45,
-22,
-46,
-24,
-20,
-10,
17,
38,
3,
43,
-5,
-15,
-27,
-7,
0,
47,
-26,
-18,
-45,
28,
-33,
-44,
0,
3,
-14,
10,
14,
-6,
-4,
46,
-50,
33,
32,
-44,
14,
-14,
-21,
49,
8,
10,
55,
26,
47,
2,
75,
-2,
79,
11,
0,
-25,
-4,
-13,
-15,
22,
-6,
-9,
10,
41,
-7,
6,
24,
87,
-24,
-21,
-15,
77,
0,
26,
-5,
-9,
-19,
-25,
-29,
44,
37,
-16,
86,
56,
-34,
-36,
-7,
20,
52,
-47,
-28,
-23,
-28,
31,
25,
-8,
-29,
-5,
-21,
-11,
10,
-42,
-1,
-64,
64,
13,
-23,
3,
28,
5,
-22,
7,
37,
-22,
-29,
-33,
4,
22,
-23,
-46,
92,
12,
44,
-30,
-53,
8,
63,
17,
-36,
8,
-67,
18,
18,
16,
10,
0,
18,
57,
16,
28,
24,
25,
-29,
12,
-46,
28,
10,
33,
12,
3,
39,
23,
24,
-28,
-14,
56,
-39,
52,
17,
-22,
20,
-58,
27,
-1,
11,
36,
-72,
-1,
12,
-22,
-22,
-6,
55,
-16,
10,
17,
31,
-16,
-8,
9,
47,
13,
-18,
39,
-37,
-29,
-24,
28,
-26,
13,
16,
-18,
6,
-17,
21,
25,
-14,
-61,
-58,
-1,
0,
14,
3,
0,
-11,
28,
-3,
43,
2,
13,
-48,
6,
16,
-64,
15,
22,
61,
-31,
-40,
-47,
37,
31,
-18,
-3,
31,
-37,
19,
30,
20,
-33,
-29,
-10,
31,
26,
-19,
-22,
6,
-10,
6,
-10,
4,
10,
-1,
6,
-39,
-11,
9,
52,
-9,
2,
-20,
-50,
-27,
2,
6,
12,
-4,
-2,
-24,
51,
-9,
-53,
0,
26,
-12,
-16,
-13,
-21,
-29,
-12,
-33,
-6,
-20,
10,
18,
62,
-25,
61,
9,
39,
34,
-49,
33,
-46,
93,
-58,
35,
1,
1,
-13,
12,
8,
29,
-11,
-23,
-15,
-47,
49,
0,
-22,
-3,
16,
-16,
-25,
2,
-35,
16,
27,
-1,
3,
-15,
42,
-18,
-19,
-59,
-3,
-9,
-36,
4,
-38,
7,
-15,
40,
-51,
3,
-127,
12,
-30,
-17,
-31,
9,
-13,
-26,
3,
3,
-31,
6,
21,
-16,
7,
17,
-74,
-14,
22,
-4,
-66,
16,
16,
-35,
-50,
6,
13,
-64,
-16,
-12,
7,
49,
-35,
-11,
47,
9,
26,
19,
20,
-33,
-16,
12,
-3,
27,
-6,
38,
-8,
3,
36,
-9,
53,
36,
-43,
29,
7,
41,
-5,
36,
5,
-9,
-29,
48,
20,
63,
20,
9,
16,
13,
-9,
14,
-13,
31,
12,
-19,
22,
-22,
-12,
2,
0,
21,
-13,
-5,
16,
39,
46,
20,
-23,
-45,
-12,
-49,
15,
38,
16,
19,
4,
40,
-3,
-10,
-63,
64,
26,
-15,
-12,
-35,
20,
-19,
1,
-6,
-46,
-79,
-55,
-16,
2,
22,
-1,
5,
5,
-14,
3,
-14,
30,
-9,
22,
36,
15,
23,
-5,
11,
58,
-19,
6,
-32,
-2,
15,
1,
-55,
31,
0,
11,
-7,
-89,
-58,
-20,
8,
-36,
19,
-26,
-21,
-50,
17,
-34,
44,
-29,
-24,
10,
40,
11,
16,
34,
24,
4,
17,
-15,
-37,
-12,
-16,
-46,
30,
-36,
71,
4,
-7,
50,
-56,
-10,
27,
-32,
-13,
-24,
-50,
18,
-3,
31,
59,
-39,
-53,
29,
23,
-44,
73,
-15,
10,
45,
-23,
-25,
-30,
-18,
-31,
-8,
59,
6,
-38,
22,
56,
-3,
50,
27,
16,
6,
-33,
-4,
3,
20,
5,
4,
-34,
-6,
2,
-6,
49,
2,
8,
25,
0,
23,
-16,
3,
0,
35,
22,
10,
23,
-26,
3,
0,
10,
-29,
33,
0,
29,
25,
28,
-9,
-47,
59,
-28,
23,
-54,
-7,
22,
-50,
-28,
-29,
14,
17,
-60,
39,
-29,
-79,
-13,
18,
-52,
-23,
-56,
2,
32,
49,
-17,
15,
-48,
16,
-13,
66,
10,
-1,
16,
-29,
19,
-47,
-8,
-61,
4,
9,
39,
-22,
-36,
20,
-63,
6,
13,
13,
-1,
12,
-12,
-50,
6,
23,
29,
6,
10,
25,
-31,
-43,
9,
49,
-41,
-49,
17,
-3,
-14,
-48,
24,
13,
16,
-5,
-10,
-36,
9,
16,
-23,
-31,
33,
22,
38,
11,
-17,
6,
-46,
12,
13,
9,
-61,
4,
11,
15,
-51,
0,
44,
24,
-20,
-22,
-19,
-16,
-21,
31,
-47,
-30,
-26,
2,
53,
-4,
-88,
21,
8,
-43,
4,
-79,
-7,
45,
18,
-19,
100,
-5,
-32,
4,
-9,
-12,
-40,
-40,
0,
12,
52,
-54,
-27,
-11,
16,
17,
78,
-28,
-10,
20,
47,
-5,
-3,
-11,
14,
25,
15,
-34,
-37,
-25,
-40,
5,
-17,
-44,
-40,
29,
-10,
10,
-7,
-51,
57,
-38,
-28,
-14,
40,
-32,
-37,
-27,
7,
42,
-78,
32,
36,
73,
33,
31,
-28,
-36,
-61,
23,
-39,
60,
30,
57,
-17,
-36,
43,
47,
37,
36,
6,
55,
-12,
-33,
26,
-12,
9,
-19,
18,
2,
-47,
0,
3,
11,
57,
-26,
11,
-3,
13,
1,
-13,
16,
-41,
-29,
8,
-4,
-40,
11,
8,
20,
0,
34,
17,
-2,
36,
-13,
-56,
11,
28,
-111,
-8,
23,
33,
76,
-9,
-18,
39,
-31,
-30,
-9,
32,
18,
-6,
16,
-34,
30,
-6,
4,
-2,
43,
7,
-39,
-15,
23,
37,
-78,
0,
-33,
52,
23,
15,
37,
3,
-23,
-57,
57,
-3,
-1,
-16,
-29,
-33,
-10,
75,
-42,
22,
0,
7,
-14,
1,
-9,
34,
-22,
-21,
-39,
21,
0,
28,
-6,
26,
-5,
-46,
-37,
-22,
15,
-7,
12,
1,
-13,
-45,
-43,
62,
-10,
-35,
33,
19,
-50,
-40,
34,
23,
-47,
2,
0,
10,
10,
39,
4,
27,
-22,
-28,
24,
-21,
-11,
16,
-16,
21,
26,
61,
29,
-41,
-40,
68,
-15,
0,
-6,
-23,
-63,
4
] |
To vacate an order dismissing appeal from a judgment rendered by a justice of the peace, where the costs and entry fee were not paid within the five days.
Order to show cause denied June 10, 1896. | [
-40,
51,
-26,
38,
30,
-13,
59,
38,
-33,
4,
21,
-17,
-21,
-10,
-37,
-39,
-14,
-55,
4,
24,
-14,
12,
-12,
45,
6,
-7,
49,
-10,
-32,
-50,
18,
-61,
-6,
24,
15,
-45,
-56,
-36,
-5,
0,
-13,
-29,
27,
22,
-38,
-43,
-36,
12,
-55,
67,
-12,
-20,
-27,
12,
-7,
34,
2,
-10,
-14,
-3,
10,
-7,
-16,
28,
4,
39,
-55,
-83,
-26,
-13,
-15,
-17,
41,
-1,
17,
-39,
7,
-18,
-12,
59,
81,
1,
-25,
13,
17,
-12,
-9,
-4,
16,
-12,
-45,
57,
-39,
-38,
0,
22,
-36,
17,
23,
12,
23,
0,
17,
13,
-43,
6,
-9,
-1,
-88,
-60,
-34,
-13,
60,
-80,
-5,
6,
-23,
13,
21,
-41,
7,
-30,
44,
-8,
15,
-4,
13,
-34,
9,
-6,
-20,
12,
37,
15,
23,
20,
38,
-16,
-35,
-26,
86,
36,
13,
-5,
-28,
-29,
77,
-13,
-41,
29,
-19,
77,
-59,
43,
-26,
17,
30,
-25,
51,
-13,
21,
75,
-11,
-55,
53,
-52,
11,
5,
72,
-27,
0,
38,
-18,
-51,
30,
-11,
20,
23,
7,
-24,
3,
0,
10,
33,
37,
6,
-26,
32,
21,
12,
-5,
-22,
14,
-19,
14,
-29,
46,
-27,
78,
-6,
-25,
6,
-37,
-45,
18,
1,
28,
-9,
4,
48,
-56,
-18,
-16,
-24,
51,
-11,
0,
44,
20,
-1,
18,
64,
-52,
50,
-8,
-10,
-17,
40,
16,
38,
-16,
66,
-2,
-26,
62,
39,
20,
11,
15,
-35,
-51,
68,
10,
23,
-10,
-10,
-29,
-1,
-8,
-14,
29,
51,
3,
8,
4,
-5,
-50,
11,
-22,
7,
13,
0,
0,
-62,
-14,
12,
18,
34,
65,
-33,
53,
-8,
37,
-31,
24,
-6,
-29,
-14,
23,
-21,
-46,
-14,
-55,
26,
-47,
24,
39,
-5,
37,
3,
-73,
11,
-37,
35,
11,
-1,
19,
44,
0,
-20,
-39,
-62,
4,
18,
36,
-20,
3,
-18,
29,
-7,
-8,
-2,
-19,
10,
-27,
40,
10,
-29,
-78,
11,
-11,
4,
-44,
9,
-2,
24,
-18,
6,
59,
-4,
27,
-32,
-2,
-15,
-1,
42,
32,
9,
-4,
31,
10,
-12,
-90,
-24,
2,
34,
3,
-13,
6,
28,
-30,
17,
9,
13,
11,
10,
-89,
-47,
-40,
73,
33,
3,
-17,
-17,
65,
-22,
18,
-32,
-9,
-16,
-17,
-36,
36,
-89,
-7,
-10,
-23,
-15,
-39,
30,
7,
-67,
-58,
-20,
25,
-11,
12,
3,
-4,
-26,
9,
17,
-1,
-26,
30,
22,
-25,
-22,
-11,
38,
-1,
-3,
-14,
15,
-18,
-14,
-26,
-46,
19,
16,
13,
2,
1,
-1,
19,
-7,
9,
19,
45,
-22,
34,
-31,
10,
22,
0,
-2,
1,
4,
67,
22,
36,
26,
38,
-8,
25,
69,
39,
-61,
-29,
8,
12,
-1,
47,
36,
12,
-31,
-20,
-55,
-61,
27,
8,
23,
-9,
24,
6,
-38,
54,
20,
17,
23,
27,
4,
-87,
68,
-43,
11,
-30,
10,
9,
12,
-35,
-22,
-2,
-41,
-36,
-14,
-40,
-8,
7,
-9,
29,
8,
26,
-13,
65,
31,
-4,
10,
-23,
-7,
-42,
21,
44,
3,
-11,
3,
-80,
-54,
33,
0,
-100,
53,
22,
-11,
55,
-17,
32,
9,
12,
-15,
-10,
8,
26,
-9,
35,
13,
-28,
18,
-22,
-9,
-50,
-14,
-61,
-25,
34,
36,
-55,
-25,
7,
32,
18,
-8,
0,
-2,
-46,
-32,
-11,
-30,
1,
21,
6,
25,
84,
48,
39,
51,
-33,
-3,
20,
35,
28,
0,
9,
-4,
-53,
-13,
-1,
-45,
33,
-16,
47,
-18,
-15,
-49,
0,
7,
36,
-10,
-61,
28,
10,
-1,
-24,
32,
16,
6,
-70,
-27,
23,
3,
7,
20,
-27,
-32,
22,
-7,
-20,
-42,
-9,
11,
-30,
6,
0,
-1,
-20,
2,
-58,
8,
29,
27,
-24,
33,
-13,
-1,
-24,
2,
-17,
1,
-2,
-18,
20,
43,
-40,
-3,
4,
15,
25,
12,
59,
21,
1,
-16,
16,
-3,
-29,
-48,
-19,
-20,
-21,
-4,
-30,
33,
68,
-3,
-21,
56,
23,
21,
-10,
-20,
-21,
6,
7,
-47,
-55,
13,
11,
-33,
6,
-20,
9,
50,
-15,
-4,
44,
38,
21,
-43,
36,
-2,
-12,
-7,
-32,
-15,
-21,
5,
-15,
35,
35,
-19,
-11,
-28,
-7,
-9,
-49,
-4,
23,
14,
-36,
-9,
16,
3,
20,
3,
-21,
29,
-23,
24,
49,
-18,
21,
-14,
10,
34,
40,
-29,
-17,
16,
4,
-9,
-22,
-12,
46,
16,
27,
-32,
34,
-7,
18,
9,
-27,
36,
23,
-27,
81,
-63,
25,
-17,
-4,
23,
33,
-19,
-49,
43,
-39,
-21,
16,
-5,
17,
-73,
-12,
5,
-5,
-7,
-53,
33,
-68,
-17,
-9,
-14,
-35,
-37,
29,
18,
1,
26,
-54,
-35,
-48,
-40,
22,
-36,
-29,
38,
4,
-33,
-6,
1,
29,
4,
6,
-22,
76,
-2,
-48,
41,
42,
8,
26,
45,
-5,
-54,
54,
-17,
16,
12,
-10,
30,
51,
-46,
3,
-65,
-43,
-4,
8,
-43,
25,
56,
-21,
6,
35,
-98,
-31,
-62,
-14,
-23,
-9,
-41,
-10,
6,
-25,
11,
27,
22,
19,
82,
-40,
67,
-23,
-47,
-18,
-11,
-41,
-25,
18,
-47,
-15,
63,
-43,
-46,
17,
-25,
-42,
68,
-2,
13,
-42,
7,
-4,
10,
37,
-41,
29,
-24,
-23,
-45,
28,
-8,
-4,
-9,
-42,
-61,
3,
20,
35,
-6,
-42,
-13,
-13,
16,
-9,
10,
-35,
-32,
-47,
-33,
17,
-60,
21,
17,
19,
10,
65,
-39,
-12,
35,
13,
-9,
37,
-45,
57,
-38,
19,
30,
6,
35,
31,
-19,
28,
-8,
-15,
-24,
4,
15,
33,
-65,
-66,
8,
-14,
51,
31,
-21,
-3,
31,
9,
24,
-24,
-51,
-25,
12,
17,
-20,
-6,
7,
41,
-45,
-40,
20,
-37,
4,
41,
10,
-55,
-35,
91,
-22,
-33,
21,
-40,
-38,
28,
22,
-12,
-2,
18,
-14,
-32,
1,
12,
-5,
-1,
36,
36,
14,
24,
-35,
19,
-35,
50,
39,
10,
-18,
-1,
-24,
-46,
33,
36,
47,
35,
53,
10,
-18,
8,
-18,
-5,
29,
-10,
-38,
24,
-34,
-4,
-5,
55,
-35,
2,
60,
27,
25,
-64,
50,
-2,
43,
34,
-19,
-79,
32,
6,
-10,
16,
-13,
44,
-63,
5,
-58,
-39,
38,
-27,
3,
11,
1,
21,
-24,
-41,
-32,
33,
55,
-39,
-8,
-23,
69,
22,
23,
6,
-16,
15,
-31,
10,
14,
-5,
41,
-17,
-19,
58,
90,
-66,
14,
-31,
12,
29,
22,
19,
-21,
-33,
17
] |
To vacate an order striking a cause from the docket for want of due notice.
Granted October 8, 1879.
Held, that service of notice of trial by mail is sufficient if made on an attorney or on a party who appears in person in an appeal case in the circuit. | [
-36,
-37,
16,
-11,
-12,
-4,
8,
25,
3,
-3,
-22,
-11,
-39,
-8,
-11,
-8,
-13,
-6,
14,
19,
5,
22,
23,
-29,
19,
-4,
24,
-28,
-15,
-49,
16,
16,
-18,
-15,
2,
-46,
-35,
-36,
-6,
18,
29,
45,
19,
46,
-11,
-13,
28,
26,
-12,
24,
9,
-1,
-59,
19,
16,
-6,
-41,
-29,
-9,
53,
17,
5,
-10,
44,
-9,
14,
-31,
-29,
-42,
4,
-38,
-23,
3,
17,
18,
-49,
16,
-36,
-32,
25,
41,
-19,
-18,
4,
57,
-27,
-6,
-27,
65,
-7,
-64,
-35,
-53,
12,
-54,
-4,
-4,
-16,
2,
36,
50,
-31,
13,
19,
-14,
-38,
23,
9,
-79,
-39,
-15,
29,
12,
-7,
0,
74,
-62,
-27,
62,
-7,
14,
-41,
17,
9,
42,
-26,
5,
15,
2,
-14,
-40,
60,
10,
-4,
57,
-2,
47,
-20,
-12,
-44,
28,
-21,
39,
20,
-4,
-36,
90,
-2,
-13,
23,
-4,
33,
-21,
28,
-5,
17,
61,
-50,
-6,
-18,
28,
13,
-70,
-56,
12,
18,
-41,
-13,
-10,
66,
13,
-9,
-3,
55,
-19,
-30,
24,
16,
16,
-25,
11,
15,
-48,
5,
37,
53,
-33,
0,
-24,
-33,
45,
-36,
0,
-74,
-13,
-9,
23,
-23,
4,
1,
6,
39,
-36,
-44,
10,
-2,
-19,
23,
17,
18,
-43,
-1,
-38,
4,
65,
14,
15,
-21,
32,
14,
-52,
68,
-44,
18,
-23,
10,
-18,
23,
-24,
62,
-5,
52,
-14,
-15,
36,
47,
20,
18,
33,
32,
11,
20,
26,
-47,
-41,
16,
18,
56,
-30,
-27,
-5,
-27,
-36,
-23,
16,
19,
23,
15,
-42,
27,
17,
42,
14,
2,
25,
5,
40,
-28,
12,
33,
-22,
-1,
20,
-7,
-6,
2,
-16,
-32,
38,
-11,
42,
-5,
7,
39,
-46,
11,
24,
-12,
4,
76,
-75,
-38,
16,
71,
2,
25,
-48,
35,
7,
-16,
23,
23,
-15,
-16,
-23,
-47,
17,
-42,
-21,
-17,
-26,
14,
-44,
-36,
-48,
21,
23,
-10,
-54,
-71,
-12,
65,
-3,
-13,
-28,
-9,
25,
-22,
5,
6,
42,
-25,
5,
5,
-1,
80,
-2,
-13,
83,
11,
36,
-27,
-86,
33,
-8,
-32,
87,
-1,
29,
51,
-7,
10,
-22,
-24,
-21,
7,
-106,
-30,
5,
33,
26,
-23,
36,
-24,
55,
-17,
11,
60,
-19,
-42,
-2,
-21,
15,
-72,
4,
-1,
-19,
-16,
15,
-1,
0,
-34,
-21,
-26,
12,
52,
-21,
57,
1,
-24,
-2,
12,
-3,
-9,
30,
-16,
-1,
7,
6,
0,
19,
17,
-43,
65,
10,
-4,
-1,
-44,
13,
36,
26,
10,
20,
27,
15,
-15,
14,
21,
21,
-34,
20,
-4,
-47,
13,
-61,
42,
35,
-6,
28,
51,
23,
-14,
28,
27,
-6,
27,
-20,
-67,
-1,
27,
7,
-44,
-2,
55,
-56,
-29,
11,
-12,
-33,
-42,
-5,
-3,
44,
33,
15,
-84,
61,
68,
-73,
-8,
52,
-4,
-2,
50,
-36,
7,
-42,
43,
-33,
18,
-56,
-56,
30,
-13,
-89,
-34,
-30,
34,
-27,
9,
16,
-6,
-26,
37,
52,
9,
34,
-21,
-38,
35,
-23,
-10,
-7,
3,
22,
49,
-79,
-49,
16,
27,
-28,
-31,
14,
9,
25,
7,
39,
9,
59,
1,
-1,
-19,
13,
39,
35,
56,
-50,
5,
-15,
-29,
-1,
-47,
-5,
-35,
-4,
19,
41,
-28,
-22,
-33,
21,
27,
0,
-29,
-20,
-22,
-51,
-27,
-4,
22,
-3,
17,
-5,
4,
43,
20,
6,
9,
8,
1,
-28,
15,
-42,
11,
-58,
-8,
-18,
20,
70,
-17,
9,
20,
-28,
-36,
-65,
2,
-33,
-38,
-35,
-11,
2,
-10,
-22,
28,
1,
-17,
-38,
-25,
51,
-56,
-27,
19,
-46,
-36,
18,
-80,
-14,
-26,
-27,
12,
-37,
32,
40,
0,
-58,
-29,
-34,
-12,
10,
26,
-6,
-10,
12,
24,
26,
-21,
43,
6,
-38,
-7,
28,
-19,
-55,
22,
-35,
-26,
-5,
48,
-5,
-16,
-14,
-33,
-31,
113,
15,
-26,
9,
-31,
29,
13,
-24,
46,
28,
-43,
27,
27,
34,
7,
15,
15,
-10,
34,
7,
-70,
-34,
42,
-6,
-60,
17,
15,
30,
55,
51,
-32,
8,
13,
54,
2,
11,
-21,
4,
-50,
-17,
-29,
28,
14,
-45,
16,
17,
11,
2,
33,
7,
33,
-23,
9,
-1,
-35,
-8,
-31,
-1,
49,
47,
0,
-33,
-53,
6,
47,
-13,
12,
86,
-10,
22,
66,
42,
-13,
29,
36,
31,
35,
-9,
-3,
7,
35,
1,
-14,
-42,
-51,
5,
-11,
-24,
5,
21,
-45,
50,
-46,
9,
-17,
4,
-38,
75,
23,
-23,
46,
-37,
66,
29,
5,
-29,
-18,
22,
-42,
-28,
9,
11,
-17,
-39,
-48,
-9,
27,
-35,
-22,
29,
18,
-23,
70,
-25,
-24,
-17,
25,
62,
2,
1,
-13,
-6,
-20,
0,
-28,
13,
14,
20,
-19,
27,
-26,
-9,
48,
-20,
26,
30,
-23,
-14,
5,
80,
-48,
9,
12,
-9,
0,
15,
-8,
31,
-4,
-46,
19,
44,
-71,
6,
31,
-25,
-24,
73,
-60,
-20,
-22,
-21,
-32,
-67,
-54,
4,
3,
9,
-40,
35,
27,
-4,
18,
0,
62,
21,
-35,
-38,
8,
-29,
4,
-6,
0,
7,
41,
10,
-4,
-25,
30,
17,
56,
32,
-6,
-23,
23,
27,
34,
14,
-49,
78,
-23,
11,
-72,
9,
9,
7,
0,
-72,
6,
-31,
-8,
-12,
-41,
-14,
54,
61,
-32,
66,
7,
-16,
-43,
-47,
-20,
19,
-41,
41,
25,
29,
64,
37,
-56,
-3,
-24,
-16,
14,
23,
-77,
-12,
-7,
-9,
-30,
-50,
-9,
-11,
-48,
-12,
25,
-19,
-29,
-1,
-23,
-32,
-3,
-28,
39,
-8,
-5,
8,
-38,
-7,
55,
53,
38,
13,
-30,
33,
-3,
-5,
-16,
28,
-5,
-14,
1,
-3,
-35,
25,
-26,
19,
25,
-9,
-32,
47,
16,
-21,
59,
44,
-45,
31,
-3,
-37,
-27,
31,
-14,
16,
-7,
27,
-26,
0,
20,
-38,
1,
58,
-45,
-17,
-5,
53,
26,
19,
57,
-15,
25,
-40,
0,
-14,
-2,
48,
13,
-55,
-55,
-24,
-11,
-35,
53,
4,
-4,
-7,
22,
-49,
-34,
53,
-28,
45,
13,
-24,
-21,
-29,
-70,
15,
5,
33,
28,
-54,
6,
-5,
-23,
17,
55,
7,
-45,
22,
-44,
-35,
45,
-24,
19,
25,
20,
2,
-43,
-15,
-6,
17,
10,
-8,
27,
-14,
68,
9,
6,
-15,
-11,
-1,
25,
-18,
24,
-115,
-18,
-25,
-35,
28,
15,
-44,
-3,
-41,
-47,
45,
-25,
68,
29,
-21,
7
] |
To compel respondent to quash an information.
Order to show cause denied May 5, 1891.
Eelator was informed against under Section 13, of Act No. 313, Laws of 1887. His contention was, that said section in so far as it referred to an Indian, or person of Indian descent, is not covered by the title, and that the same is in violation of the Constitution of this State, and that of the United States. | [
-26,
-34,
-17,
-36,
57,
36,
8,
2,
-22,
55,
-8,
-69,
1,
13,
28,
-15,
-31,
9,
39,
-1,
20,
47,
-14,
36,
11,
-52,
62,
-13,
-46,
-42,
19,
-21,
-27,
-28,
11,
-55,
-11,
-25,
-9,
-33,
-40,
-16,
-42,
-16,
-39,
-21,
-106,
0,
-17,
23,
25,
-25,
-59,
51,
-9,
0,
25,
-32,
-37,
52,
-42,
-2,
50,
-13,
-21,
38,
-51,
-11,
5,
19,
-30,
-27,
4,
-49,
-16,
-55,
-31,
9,
-11,
41,
-9,
47,
-34,
0,
46,
16,
-32,
8,
-20,
-3,
-22,
-2,
-68,
-45,
-12,
-28,
10,
20,
8,
-43,
105,
21,
18,
44,
46,
26,
-23,
33,
-36,
-15,
59,
-43,
-40,
-43,
-2,
5,
-4,
26,
-43,
-14,
-46,
-54,
50,
30,
17,
21,
16,
-26,
-23,
31,
-29,
5,
58,
-37,
17,
18,
54,
-36,
-46,
0,
26,
-20,
4,
-33,
44,
49,
0,
26,
11,
-26,
10,
89,
-2,
27,
-25,
62,
80,
-34,
34,
-7,
31,
31,
-32,
-23,
4,
14,
-17,
-56,
-4,
-26,
39,
1,
-9,
0,
-4,
-14,
4,
-13,
1,
38,
24,
49,
40,
10,
-14,
-49,
24,
-21,
-20,
18,
-10,
13,
45,
11,
68,
58,
-13,
-55,
54,
-35,
25,
18,
-53,
-36,
28,
21,
-22,
-10,
-29,
23,
-73,
48,
-42,
-24,
22,
25,
-22,
-2,
14,
48,
51,
62,
12,
45,
-8,
-18,
28,
65,
-12,
31,
0,
21,
-21,
-18,
-6,
-29,
-7,
-19,
43,
55,
9,
19,
0,
-50,
12,
-3,
-9,
1,
-14,
8,
86,
6,
13,
11,
-45,
11,
26,
-12,
-11,
-63,
-3,
2,
43,
-21,
-38,
-30,
11,
21,
11,
-18,
-31,
-21,
36,
31,
-36,
-4,
-10,
-26,
-25,
-11,
-47,
2,
-10,
-5,
-40,
1,
32,
6,
13,
13,
25,
-5,
-62,
2,
26,
49,
15,
28,
16,
-33,
22,
-47,
53,
-1,
-50,
-56,
60,
-18,
0,
-28,
32,
22,
-30,
25,
6,
37,
16,
52,
-48,
-24,
-61,
22,
-6,
-32,
-23,
-33,
19,
-31,
8,
19,
-41,
10,
-68,
13,
36,
7,
62,
-22,
-9,
-14,
-13,
27,
-10,
16,
-30,
27,
-64,
-11,
58,
0,
22,
22,
-7,
-25,
19,
40,
-66,
-5,
3,
17,
11,
-4,
6,
-39,
-13,
4,
-50,
-40,
36,
26,
-55,
-16,
16,
-9,
27,
10,
1,
89,
-23,
11,
21,
0,
33,
-16,
5,
25,
-21,
9,
41,
-33,
0,
-5,
9,
-27,
-16,
13,
30,
0,
45,
27,
-5,
8,
-8,
-26,
-3,
-30,
54,
-35,
31,
8,
26,
26,
17,
13,
-2,
7,
1,
-25,
70,
18,
-26,
-60,
-23,
44,
60,
17,
0,
18,
96,
8,
21,
-56,
3,
-53,
-51,
3,
22,
-45,
25,
-62,
-56,
-1,
22,
25,
-26,
-52,
-52,
-2,
-13,
-27,
35,
7,
-46,
-41,
-21,
23,
33,
55,
19,
25,
-72,
-8,
-29,
34,
-33,
-3,
-20,
2,
31,
-12,
33,
-19,
-33,
-34,
-36,
1,
8,
0,
49,
-34,
-11,
14,
0,
-50,
-4,
-29,
8,
20,
17,
-51,
19,
-1,
13,
10,
40,
9,
-35,
-29,
30,
29,
-2,
-1,
-11,
-27,
16,
11,
0,
16,
27,
13,
15,
-13,
9,
-1,
-40,
-20,
-31,
-31,
-38,
-22,
16,
38,
18,
-32,
27,
0,
-7,
-50,
21,
35,
79,
5,
40,
38,
7,
26,
45,
-11,
-15,
26,
16,
20,
26,
45,
-9,
-19,
6,
-35,
9,
-36,
-46,
-10,
9,
-34,
-51,
-40,
6,
20,
6,
-14,
-36,
-55,
-36,
-73,
-52,
-11,
33,
20,
-36,
32,
15,
18,
-51,
-3,
-39,
19,
8,
-20,
38,
5,
-13,
-31,
20,
-73,
-29,
-57,
-12,
-19,
-25,
-20,
-72,
-20,
-43,
-1,
-30,
1,
-36,
4,
-16,
42,
0,
46,
7,
22,
-4,
43,
-8,
46,
-5,
-1,
0,
26,
0,
-4,
15,
38,
7,
14,
55,
-23,
4,
43,
9,
8,
-3,
-43,
-34,
14,
31,
-43,
-2,
24,
-32,
-49,
17,
29,
28,
28,
14,
5,
10,
-21,
-40,
-2,
-6,
-8,
44,
18,
16,
-12,
-67,
10,
-52,
-42,
-10,
22,
-17,
13,
33,
70,
-12,
-64,
14,
33,
57,
4,
12,
-17,
35,
-67,
-12,
-21,
13,
12,
-7,
-7,
-13,
86,
-12,
31,
-2,
-8,
42,
-20,
-7,
-1,
-15,
50,
30,
-3,
52,
-10,
54,
34,
44,
-14,
-50,
3,
24,
-17,
-25,
5,
-33,
0,
47,
-46,
-41,
-20,
0,
35,
-28,
9,
17,
-31,
19,
20,
28,
-4,
30,
-33,
10,
-13,
23,
43,
15,
62,
4,
31,
40,
25,
-22,
1,
37,
-10,
-22,
19,
-42,
-45,
24,
-23,
-19,
9,
-15,
-2,
25,
-12,
-14,
11,
0,
3,
8,
-10,
-25,
29,
-33,
-15,
-53,
24,
41,
-19,
7,
-6,
24,
-50,
-26,
56,
-31,
-8,
22,
9,
-14,
-55,
28,
-87,
-13,
-26,
-18,
12,
11,
-18,
50,
-37,
-69,
19,
9,
2,
17,
30,
-14,
-27,
31,
-7,
-45,
-33,
-29,
0,
-4,
-63,
-41,
12,
21,
-40,
17,
3,
-15,
9,
-17,
2,
-52,
-37,
12,
-25,
-66,
-35,
-31,
-55,
-1,
42,
-28,
-49,
9,
64,
50,
18,
1,
-48,
14,
1,
-5,
-47,
43,
-35,
40,
0,
27,
-14,
18,
-40,
6,
8,
-9,
0,
-23,
-18,
-9,
-3,
-8,
-3,
-7,
-13,
-3,
31,
-31,
-18,
-20,
-12,
4,
-12,
-8,
55,
42,
-7,
24,
-56,
21,
-38,
19,
8,
38,
11,
39,
2,
-12,
-3,
-23,
39,
5,
-15,
5,
-23,
21,
-27,
26,
-10,
-23,
-25,
-46,
0,
50,
-15,
23,
13,
81,
56,
-6,
26,
27,
-6,
1,
34,
52,
0,
-26,
14,
0,
-24,
41,
16,
12,
23,
6,
-25,
-7,
-65,
51,
22,
13,
-33,
-48,
4,
57,
8,
-2,
-27,
-56,
-28,
51,
7,
4,
-8,
2,
18,
-16,
-5,
61,
-4,
-22,
0,
-39,
42,
-48,
-36,
-1,
-57,
-60,
-1,
-39,
66,
45,
-43,
-55,
-40,
-4,
14,
33,
61,
9,
-8,
-12,
-46,
8,
86,
4,
-10,
24,
15,
-18,
48,
-5,
-12,
-29,
64,
15,
-16,
6,
55,
-28,
1,
-3,
0,
5,
-7,
20,
2,
-12,
13,
34,
-43,
6,
-31,
-2,
-5,
-45,
-17,
-42,
5,
-25,
44,
48,
60,
15,
10,
63,
30,
-17,
-20,
32,
-19,
49,
-5,
-18,
-37,
19,
29,
-14,
43,
39,
13,
13,
1,
13,
25,
-3,
-34
] |
To compel respondents, sitting as a board of canvassers, to, canvass the original returns of votes cast for relator for the-office of alderman, and to issue a certificate, based upon such returns, in a case where a re-count was in progress, the board assuming to act under Act No. 208, Laws of 1881, and the re-count had proceeded in some of the precincts upon the application of relator.
The circuit judge granted the mandamus. Affirmed April 30, 1897, without costs.
Lleld, (1) that it was not error to allow the writ on the ground that relator had not asked the common council to canvass the original returns, it appearing that it would have been impractical to make such request at the time the necessity arose for applying for the writ.
(2) The fact' that the relator had himself petitioned for a. ■ re-count in some of the precincts, would not estop him from questioning the regularity of the work of the committee.
(3) Act. 208 of the Laws of 1881 does not apply to a contest over an election to an office as a member of a body which,, by law, is made the judge of the qualifications, of its own members.
Sec. 20 of Title 2 of the Charter of the City of Grand Rapids, cannot be construed as conferring upon the present council the authority not only to canvass the returns, but also to determine what .persons are elected to the several offices respectively; the authority to determine the- election of the members of the new body must be held to rest in the new council. | [
37,
-20,
33,
29,
-5,
58,
9,
8,
-21,
10,
-4,
-43,
-1,
18,
9,
0,
-4,
-3,
25,
-12,
-22,
-42,
-27,
-4,
-9,
5,
0,
0,
-57,
-29,
-18,
-2,
17,
-5,
-3,
-43,
-79,
11,
35,
11,
-10,
6,
-37,
0,
-37,
17,
-1,
0,
-13,
-55,
-26,
18,
-55,
69,
52,
13,
-28,
-38,
14,
-3,
-8,
24,
-16,
27,
20,
-20,
-45,
18,
47,
10,
25,
-69,
-36,
-62,
20,
33,
27,
-2,
-45,
46,
-21,
-18,
0,
19,
-4,
0,
-8,
-14,
25,
-58,
11,
-40,
-15,
32,
48,
-6,
-30,
-4,
35,
-10,
-1,
-17,
-19,
16,
4,
-60,
-8,
5,
73,
-62,
4,
-5,
11,
1,
-31,
21,
-24,
0,
23,
-37,
10,
-47,
17,
24,
0,
38,
-38,
-5,
-65,
-6,
-63,
26,
27,
-25,
29,
-14,
-14,
-12,
33,
-4,
25,
25,
35,
-35,
-14,
-48,
63,
63,
-9,
-2,
-8,
7,
39,
11,
16,
-39,
0,
-75,
43,
32,
-24,
26,
-33,
-9,
-3,
27,
-19,
-7,
-9,
0,
0,
18,
19,
6,
22,
-34,
-33,
23,
-47,
-35,
19,
55,
-2,
-6,
28,
-27,
17,
-8,
44,
-30,
1,
0,
27,
-47,
17,
26,
-22,
73,
-28,
11,
25,
48,
-20,
33,
-18,
8,
16,
-37,
-38,
49,
-27,
-52,
-38,
-31,
11,
-9,
-19,
-26,
6,
14,
-39,
23,
23,
44,
-3,
37,
-11,
46,
-30,
56,
29,
-2,
-2,
-49,
6,
0,
-11,
38,
17,
-21,
-17,
14,
38,
32,
32,
21,
-1,
-24,
1,
20,
43,
-47,
25,
-15,
-54,
8,
11,
-4,
67,
-36,
55,
-16,
15,
-18,
-48,
-60,
31,
56,
-5,
-16,
-22,
48,
13,
-22,
-34,
22,
3,
-32,
4,
21,
-57,
-33,
-20,
19,
-69,
29,
-9,
-9,
7,
21,
6,
5,
19,
77,
-18,
15,
-4,
5,
62,
-39,
-19,
8,
-12,
-8,
19,
-17,
-50,
-68,
11,
-16,
60,
-16,
-49,
49,
5,
7,
-13,
14,
8,
0,
-12,
14,
-21,
-34,
-83,
24,
36,
22,
16,
-45,
-1,
-33,
-41,
21,
38,
0,
13,
37,
-24,
-47,
32,
-26,
-49,
11,
-20,
0,
-35,
-37,
42,
-4,
21,
42,
-23,
36,
-37,
-29,
18,
11,
-4,
7,
31,
18,
3,
0,
-2,
-26,
-27,
-17,
42,
20,
-26,
-13,
32,
18,
15,
-22,
-35,
-1,
14,
28,
-12,
-19,
-11,
-52,
9,
2,
15,
1,
-37,
-8,
24,
34,
-67,
-24,
-7,
52,
-3,
-49,
3,
15,
-24,
49,
18,
67,
-3,
-13,
-31,
-19,
27,
23,
42,
16,
7,
-68,
33,
-67,
-36,
19,
43,
-29,
6,
-45,
-34,
-20,
16,
-12,
19,
54,
18,
45,
-25,
-55,
31,
-27,
-46,
-25,
5,
-20,
-19,
-6,
-34,
-62,
-57,
-10,
-8,
-30,
-10,
23,
1,
21,
30,
51,
25,
14,
1,
39,
-30,
-12,
43,
-13,
-25,
-42,
-8,
25,
4,
7,
12,
36,
-3,
10,
-38,
-4,
-26,
19,
-15,
8,
13,
-13,
7,
6,
-15,
8,
-59,
-2,
-23,
1,
-4,
-8,
-45,
-39,
19,
41,
38,
63,
14,
39,
-28,
-2,
11,
2,
32,
37,
-26,
3,
-6,
-7,
-16,
-9,
-30,
20,
-4,
-29,
5,
39,
57,
16,
-5,
-32,
-53,
5,
-18,
-16,
-70,
-50,
6,
9,
5,
28,
-11,
58,
14,
31,
-16,
2,
-15,
29,
-21,
27,
27,
-10,
43,
37,
57,
17,
14,
16,
-65,
-13,
1,
-3,
-21,
-1,
-42,
-20,
-3,
-10,
-5,
-37,
-7,
40,
-15,
-7,
48,
-3,
-7,
-15,
-24,
-41,
4,
-26,
52,
1,
-7,
-3,
8,
-5,
5,
18,
19,
9,
17,
71,
-24,
16,
59,
-53,
-33,
0,
17,
9,
-47,
-27,
-61,
25,
-50,
0,
-36,
55,
-5,
-51,
-3,
56,
-5,
14,
27,
-10,
-15,
-2,
14,
-37,
-25,
-34,
-20,
53,
-19,
52,
3,
-15,
38,
-18,
-42,
21,
-15,
-40,
0,
-84,
-2,
-46,
9,
4,
-32,
10,
-8,
38,
-27,
-81,
22,
-10,
41,
4,
26,
0,
-19,
-23,
31,
21,
7,
43,
7,
20,
37,
17,
22,
-30,
-30,
-40,
64,
20,
42,
2,
39,
-30,
15,
17,
22,
38,
24,
-8,
45,
35,
30,
-49,
71,
-28,
54,
-16,
-16,
21,
-9,
-5,
-44,
48,
-28,
13,
47,
-10,
-34,
16,
-16,
19,
15,
50,
-25,
8,
63,
45,
20,
-14,
-16,
-10,
-10,
20,
6,
12,
-31,
-39,
-22,
0,
24,
-60,
25,
-42,
-30,
11,
-28,
-24,
-48,
-20,
23,
-12,
0,
-4,
-9,
16,
-13,
27,
-28,
0,
-14,
-58,
-24,
-37,
-1,
-32,
-37,
6,
40,
31,
0,
12,
-20,
0,
7,
11,
-4,
56,
-2,
-12,
-80,
30,
41,
7,
6,
23,
-28,
69,
-59,
7,
31,
13,
14,
-41,
-32,
16,
-20,
-4,
-47,
30,
-9,
-6,
23,
20,
1,
-47,
6,
-15,
-17,
4,
42,
-31,
-16,
8,
9,
7,
-18,
-37,
-10,
17,
-18,
-1,
34,
-43,
32,
-7,
-7,
11,
-16,
-84,
17,
14,
-56,
26,
-35,
-41,
-2,
35,
-48,
46,
-29,
4,
20,
-8,
-18,
-38,
11,
-59,
-4,
22,
-14,
-27,
15,
-31,
59,
-13,
-5,
40,
13,
45,
1,
71,
41,
51,
9,
50,
5,
-43,
-40,
-21,
13,
3,
-39,
0,
-8,
-28,
-72,
-15,
-41,
66,
-18,
-4,
-4,
37,
-34,
20,
-6,
26,
49,
-51,
-9,
22,
13,
81,
22,
-43,
12,
2,
-11,
-23,
35,
22,
12,
-44,
-1,
2,
-23,
-2,
11,
22,
-24,
-57,
-67,
18,
36,
-37,
8,
59,
4,
-16,
43,
50,
18,
40,
-10,
42,
59,
5,
16,
-8,
-60,
10,
-20,
4,
32,
19,
20,
5,
3,
-41,
22,
21,
22,
-6,
-20,
-32,
-24,
-70,
-4,
2,
-15,
40,
42,
29,
-45,
23,
-21,
-28,
31,
0,
20,
26,
-45,
-66,
-31,
-6,
55,
3,
2,
12,
32,
-3,
27,
-22,
5,
24,
-66,
-10,
-23,
70,
-25,
39,
-25,
-24,
50,
15,
14,
23,
-27,
12,
-22,
38,
44,
29,
39,
74,
-6,
1,
-53,
-46,
-14,
17,
18,
41,
-23,
59,
-35,
-8,
-22,
-18,
-46,
6,
32,
16,
68,
21,
-47,
-6,
-25,
-6,
2,
-30,
15,
10,
53,
-38,
-50,
-16,
-53,
-16,
77,
14,
72,
-2,
-33,
-6,
-7,
-41,
3,
-13,
-14,
-18,
-4,
14,
55,
42,
4,
19,
-3,
12,
-28,
-65,
13,
-27,
-24,
-35
] |
To compel respondent to allow to a township a certain credit, and to provide for its payment.
Order to show'cause granted March 13, 1891. Issues settled and remanded for trial July 28, 1891.
Writ granted February 12, 1894, with costs.
Held, a proper case for reference by the Circuit Court to a. referee, under How. Stat., Sec. 7378. | [
-4,
-8,
41,
-31,
-2,
9,
77,
-33,
8,
9,
9,
-58,
2,
31,
54,
46,
23,
-19,
25,
10,
-30,
-16,
27,
26,
-29,
62,
42,
19,
-21,
-24,
-24,
-28,
-27,
68,
-78,
-70,
-13,
-62,
19,
-34,
0,
30,
-18,
-6,
-22,
-9,
-2,
-31,
0,
-27,
19,
-41,
-60,
14,
-45,
28,
-36,
-46,
-50,
-21,
-16,
-21,
27,
34,
40,
30,
-26,
-17,
-22,
30,
-42,
-16,
19,
22,
25,
-1,
-12,
-27,
-2,
12,
26,
18,
0,
12,
-37,
-10,
-31,
18,
14,
7,
-9,
24,
-63,
2,
50,
11,
11,
-8,
-3,
39,
-15,
10,
28,
10,
24,
-28,
-13,
-9,
-61,
17,
24,
-13,
14,
-64,
-13,
55,
-60,
11,
40,
-18,
-6,
-10,
22,
-4,
-33,
-1,
-12,
-23,
-14,
10,
-30,
-3,
15,
3,
9,
-29,
28,
-13,
-25,
7,
25,
-4,
-5,
2,
24,
-37,
5,
-25,
-43,
4,
9,
1,
75,
77,
2,
22,
37,
-36,
50,
-27,
37,
43,
-8,
-36,
19,
-23,
17,
-11,
18,
-14,
1,
34,
48,
-23,
0,
-52,
68,
8,
56,
23,
-4,
28,
-18,
0,
14,
9,
-37,
-6,
61,
-46,
19,
21,
2,
7,
-2,
3,
18,
-53,
-3,
-18,
-19,
-19,
12,
-37,
-36,
-60,
-12,
-50,
-27,
17,
-39,
7,
15,
9,
-12,
18,
34,
34,
0,
18,
44,
20,
32,
54,
-69,
-28,
0,
7,
10,
20,
8,
19,
-2,
28,
40,
31,
-28,
-16,
7,
-6,
-25,
-1,
8,
-21,
-50,
20,
-41,
13,
-6,
10,
5,
33,
-31,
-16,
-14,
6,
-4,
6,
23,
-14,
7,
15,
32,
-15,
-32,
-29,
20,
39,
42,
-29,
-6,
-6,
39,
16,
-23,
-15,
6,
-28,
-13,
8,
7,
-33,
-28,
30,
12,
30,
-60,
-43,
-16,
20,
-20,
16,
5,
49,
28,
35,
-9,
13,
12,
-29,
-40,
0,
-28,
2,
8,
5,
4,
-51,
-10,
-27,
23,
-3,
20,
-62,
-22,
33,
-2,
-38,
-29,
-26,
10,
6,
-14,
14,
-10,
20,
17,
4,
-8,
40,
-40,
2,
0,
50,
0,
10,
-24,
0,
11,
-24,
89,
27,
29,
18,
10,
1,
-14,
-73,
-14,
24,
-63,
-9,
-10,
43,
4,
26,
-40,
-45,
-31,
37,
58,
2,
-6,
-72,
39,
-5,
5,
-45,
-6,
17,
7,
36,
0,
-1,
-22,
-12,
0,
-3,
3,
65,
-18,
5,
-57,
-12,
50,
10,
11,
13,
-28,
-40,
31,
13,
5,
15,
38,
-13,
-5,
0,
-36,
-19,
14,
8,
-24,
56,
16,
11,
-7,
-14,
59,
27,
10,
-30,
-13,
-10,
9,
-38,
5,
-20,
-4,
-13,
0,
-17,
-15,
12,
9,
-11,
49,
9,
-39,
17,
16,
14,
10,
34,
1,
18,
-66,
-44,
-53,
-33,
49,
3,
27,
82,
-19,
-15,
-14,
10,
23,
-13,
53,
-46,
-11,
22,
-5,
24,
-7,
31,
2,
-24,
24,
-11,
-61,
16,
-18,
24,
-10,
20,
43,
33,
-56,
9,
21,
5,
-45,
17,
17,
-18,
39,
6,
7,
-20,
-79,
2,
-27,
-27,
-14,
33,
-15,
40,
-21,
-18,
-66,
48,
31,
-10,
-65,
-8,
-2,
29,
8,
16,
40,
-11,
22,
22,
32,
-1,
-25,
-32,
15,
-3,
-5,
12,
51,
22,
23,
0,
-42,
16,
-13,
17,
-46,
-37,
31,
10,
10,
29,
-45,
-15,
7,
0,
-27,
9,
-15,
32,
-16,
7,
-21,
-36,
-7,
43,
16,
-33,
7,
58,
-16,
-20,
12,
14,
-30,
0,
35,
9,
-22,
-73,
-5,
-4,
24,
-26,
4,
-22,
5,
-11,
-12,
-25,
1,
-28,
-21,
-13,
18,
-11,
-2,
37,
10,
6,
-62,
-18,
48,
29,
-11,
-34,
-51,
-58,
67,
7,
13,
-22,
23,
26,
-28,
-4,
57,
12,
12,
14,
-51,
25,
52,
18,
47,
36,
-11,
-6,
57,
26,
-30,
11,
-32,
-30,
-23,
14,
36,
12,
16,
-27,
17,
11,
1,
-18,
9,
-40,
-19,
-3,
-27,
-13,
29,
-46,
6,
30,
-17,
-16,
16,
19,
28,
5,
-14,
0,
-6,
-4,
-20,
27,
-28,
-44,
-26,
-30,
-55,
29,
-12,
-17,
-5,
9,
23,
-29,
-14,
59,
64,
-45,
28,
16,
53,
-44,
-21,
20,
31,
-6,
24,
13,
47,
1,
-3,
-36,
36,
-13,
-17,
-50,
-32,
48,
-26,
-44,
-5,
29,
3,
9,
-35,
41,
24,
51,
11,
-15,
-30,
9,
-21,
38,
19,
-22,
-10,
35,
-75,
-27,
74,
-14,
-60,
-10,
-7,
27,
-13,
25,
7,
-9,
-75,
-7,
6,
7,
44,
10,
3,
4,
41,
10,
32,
-27,
7,
67,
-65,
2,
-12,
-17,
-10,
42,
4,
34,
-13,
-24,
-21,
24,
-32,
-29,
-26,
-36,
-34,
-4,
-6,
11,
-6,
27,
0,
-14,
-65,
59,
48,
-28,
27,
-1,
-18,
2,
-25,
-6,
31,
14,
-10,
18,
-29,
1,
4,
10,
15,
-4,
-29,
12,
-31,
20,
-11,
-51,
41,
2,
-3,
-19,
44,
-52,
56,
-44,
-3,
11,
29,
-43,
40,
-6,
49,
-12,
41,
-69,
6,
-62,
-37,
-12,
43,
-44,
19,
-12,
-6,
34,
-3,
-8,
0,
54,
-23,
11,
0,
2,
-6,
27,
-32,
2,
-20,
-26,
-12,
14,
-8,
0,
-7,
48,
27,
46,
8,
11,
6,
44,
-1,
33,
13,
1,
-28,
-37,
-21,
-6,
18,
-7,
-1,
32,
-50,
-50,
-15,
-66,
-37,
26,
-8,
59,
-50,
-17,
-45,
56,
-37,
-20,
-56,
-30,
15,
-23,
0,
20,
44,
34,
4,
-8,
45,
-12,
-8,
-47,
52,
8,
17,
14,
-46,
0,
15,
10,
27,
-25,
6,
-45,
1,
-48,
57,
-16,
12,
-27,
-23,
-26,
-16,
56,
-75,
-18,
-1,
21,
43,
-25,
-44,
-23,
-38,
29,
28,
57,
34,
12,
16,
17,
-25,
-23,
-32,
76,
-14,
-42,
-13,
-36,
-59,
7,
3,
-43,
64,
41,
73,
8,
-10,
-6,
-12,
-5,
10,
12,
23,
-15,
-25,
-2,
-32,
12,
26,
-15,
13,
-66,
24,
-4,
44,
-17,
-36,
-3,
-38,
43,
28,
26,
73,
1,
0,
-10,
-28,
7,
-35,
-31,
0,
-2,
-9,
-8,
-15,
57,
46,
-34,
10,
20,
-13,
-48,
7,
25,
-21,
-4,
-57,
13,
-11,
-27,
6,
-21,
16,
-9,
12,
-57,
-15,
-9,
-38,
25,
-59,
-21,
-10,
-47,
15,
-56,
24,
-3,
6,
26,
-7,
5,
54,
11,
25,
12,
20,
9,
-29,
-74,
14,
34,
-39,
-6,
5,
42,
23,
-3,
0,
-9,
-13,
-30,
38,
-3,
63,
16,
-6,
37
] |
"Where mandamus is sought to compel the approval of a liquor bond, the application should show the reason for the refusal if any was given, and the circumstances of such refusal, otherwise the reason must be presumed sufficient and the writ, will be denied.
October 5, 1880. | [
57,
-39,
33,
18,
36,
40,
25,
43,
-24,
23,
-17,
-41,
-2,
3,
18,
82,
21,
-2,
7,
-9,
52,
19,
-21,
1,
4,
0,
37,
25,
-28,
-18,
3,
-31,
-44,
-11,
-69,
-50,
-12,
-62,
68,
-7,
-18,
39,
-40,
33,
-34,
-59,
-80,
-45,
-46,
39,
-57,
-25,
10,
-1,
-19,
51,
-8,
-17,
28,
48,
-5,
10,
16,
16,
-89,
-18,
-61,
-11,
-6,
11,
26,
17,
9,
13,
1,
22,
48,
-8,
13,
29,
-12,
12,
-13,
53,
58,
5,
-13,
49,
23,
-32,
26,
1,
-99,
9,
-53,
-3,
-21,
-3,
7,
20,
-20,
-11,
-42,
-64,
59,
-6,
48,
56,
-7,
-19,
35,
-66,
35,
-53,
-18,
-18,
-25,
12,
-17,
-6,
21,
-14,
25,
-4,
-78,
-8,
24,
-7,
-25,
-46,
-29,
26,
45,
0,
-4,
-31,
14,
59,
-12,
-25,
-18,
11,
22,
8,
10,
-97,
28,
-13,
35,
44,
-47,
14,
-43,
-13,
1,
26,
76,
-19,
12,
-9,
-10,
80,
-23,
-23,
46,
-50,
-6,
-39,
-8,
32,
-33,
43,
0,
21,
39,
-51,
53,
63,
10,
21,
13,
4,
4,
67,
8,
38,
10,
0,
-8,
-9,
-60,
-9,
22,
26,
43,
28,
-7,
-8,
22,
-13,
-43,
27,
-57,
-33,
-31,
-34,
-55,
-24,
-49,
49,
-55,
19,
6,
43,
7,
-20,
-35,
11,
85,
41,
-43,
14,
27,
9,
20,
-22,
3,
63,
-58,
16,
-27,
32,
14,
8,
43,
-14,
54,
7,
53,
68,
-12,
45,
-56,
48,
-18,
-50,
17,
6,
66,
-69,
9,
-34,
4,
-34,
-26,
0,
25,
0,
15,
-23,
20,
18,
29,
37,
-25,
-30,
20,
23,
38,
38,
35,
-16,
24,
-28,
15,
60,
-68,
-36,
-9,
10,
-24,
-8,
-45,
33,
-49,
2,
17,
-9,
-39,
37,
46,
-15,
-47,
-18,
-12,
0,
-69,
20,
-23,
14,
-1,
-5,
47,
-15,
-7,
-55,
-5,
-41,
11,
-23,
-43,
-5,
-64,
0,
12,
25,
91,
-33,
-21,
-43,
11,
-23,
-18,
-13,
-27,
-14,
18,
58,
-14,
29,
4,
-18,
-6,
26,
-45,
23,
52,
-39,
20,
43,
43,
54,
-14,
36,
-73,
-22,
-2,
-51,
31,
-24,
-25,
14,
1,
12,
11,
-6,
-86,
-27,
0,
53,
-13,
2,
-11,
28,
59,
-84,
9,
39,
55,
-20,
36,
-9,
-3,
-42,
-6,
-3,
-28,
8,
-12,
-35,
-12,
-25,
13,
53,
49,
-2,
23,
9,
-88,
-20,
32,
6,
-43,
-36,
-33,
-32,
-38,
-18,
36,
-20,
-52,
6,
-18,
-18,
69,
-8,
12,
9,
23,
4,
-2,
-36,
-21,
10,
-8,
16,
39,
5,
-4,
-18,
-41,
-14,
5,
12,
5,
-35,
-29,
9,
5,
15,
-40,
5,
51,
71,
-25,
-59,
35,
-44,
10,
-24,
-10,
-43,
37,
39,
-28,
9,
-23,
3,
-18,
-12,
-15,
45,
-69,
-21,
-4,
23,
-12,
42,
35,
-9,
56,
-11,
12,
-37,
19,
8,
-40,
-25,
16,
-32,
-7,
-31,
21,
-24,
-95,
-23,
72,
12,
-37,
10,
-14,
52,
23,
-4,
46,
28,
-14,
-57,
2,
67,
46,
-20,
-24,
-8,
-60,
31,
11,
-26,
0,
20,
-24,
32,
-68,
46,
24,
15,
54,
21,
10,
40,
5,
-34,
-11,
16,
19,
7,
-55,
-8,
-57,
10,
-15,
-8,
-55,
17,
-39,
23,
-8,
-64,
-24,
50,
4,
6,
36,
0,
-20,
20,
7,
75,
-18,
22,
21,
3,
-41,
9,
-27,
41,
-21,
31,
-23,
12,
-87,
-19,
32,
47,
-42,
-9,
-6,
-3,
-85,
13,
-11,
-28,
-1,
-18,
-78,
-8,
-36,
17,
14,
29,
-27,
38,
-10,
68,
2,
-15,
-22,
7,
8,
43,
-10,
11,
-8,
-2,
5,
-15,
-51,
-37,
-32,
-38,
-41,
19,
34,
-7,
-22,
27,
-12,
65,
-34,
69,
-17,
51,
41,
-33,
9,
0,
9,
32,
-4,
-16,
6,
-12,
-7,
22,
-46,
-13,
0,
-30,
-15,
27,
21,
16,
-45,
-24,
-9,
16,
20,
-40,
29,
66,
-92,
7,
67,
-62,
-21,
56,
-110,
54,
39,
-57,
4,
-6,
-12,
-20,
68,
-19,
40,
56,
37,
-28,
4,
50,
26,
-17,
-7,
36,
-21,
4,
-2,
-20,
46,
-12,
-19,
-15,
-15,
27,
-15,
85,
-6,
42,
16,
0,
5,
-25,
35,
3,
-1,
25,
26,
-5,
-58,
-19,
9,
-27,
-13,
0,
30,
-27,
-39,
2,
9,
4,
17,
13,
18,
60,
-77,
48,
-31,
20,
16,
-56,
-13,
17,
4,
-48,
6,
-61,
12,
1,
21,
30,
-10,
19,
84,
-58,
26,
4,
53,
-59,
38,
-43,
18,
17,
-71,
19,
-48,
-13,
-13,
-64,
-20,
-74,
18,
-20,
-38,
16,
0,
-13,
0,
-12,
-65,
-41,
16,
0,
-11,
-18,
-54,
7,
14,
20,
41,
-16,
3,
80,
-4,
-37,
-26,
-21,
92,
-13,
15,
-17,
-40,
53,
-24,
14,
-55,
5,
20,
9,
28,
-47,
57,
-35,
1,
-4,
-35,
18,
50,
41,
-28,
-44,
-38,
3,
1,
-44,
-43,
-35,
-18,
-46,
24,
-23,
-15,
8,
45,
20,
11,
-62,
-14,
-18,
14,
-13,
-40,
47,
0,
31,
-45,
37,
-9,
-4,
5,
-16,
-51,
-18,
-23,
37,
19,
22,
-10,
-28,
-16,
27,
-1,
36,
-3,
-9,
25,
29,
7,
2,
11,
-13,
51,
-48,
48,
-37,
9,
-11,
7,
-28,
-9,
-38,
21,
55,
-19,
-32,
-44,
8,
-4,
37,
14,
5,
-71,
-14,
16,
-33,
34,
-7,
-5,
8,
43,
55,
0,
-12,
6,
-23,
-40,
-7,
14,
-5,
-6,
-92,
-13,
43,
25,
7,
-12,
0,
1,
20,
48,
18,
57,
-18,
35,
-4,
10,
45,
66,
36,
59,
26,
-27,
80,
30,
-5,
29,
-58,
-44,
-6,
-39,
-23,
-9,
78,
21,
-31,
52,
23,
-6,
-8,
30,
22,
-15,
-13,
5,
-19,
-8,
41,
4,
36,
72,
24,
-20,
-8,
-21,
8,
13,
24,
6,
-28,
-44,
-47,
-20,
-13,
-77,
-29,
10,
33,
29,
29,
9,
10,
-30,
-65,
-43,
17,
8,
4,
31,
-2,
-13,
-9,
-6,
-13,
-15,
18,
-14,
74,
17,
46,
30,
18,
-14,
25,
24,
92,
-20,
27,
6,
15,
-27,
12,
-27,
22,
-103,
19,
-37,
-9,
42,
-3,
5,
27,
50,
-46,
-27,
5,
86,
36,
11,
-11,
-30,
10,
-75,
-28,
27,
-11,
-30,
86,
-19,
39,
1,
-27,
34,
39,
23,
-13,
-15,
43,
-42,
-59,
-33,
-65,
-14,
21,
-21,
-18,
17,
-21,
8,
16,
88,
-23,
-55,
1
] |
To compel' the filing of articles of association under Act No. 155, Laws of 1879.
Respondent refused to file until a franchise fee of $5 was paid, claiming such fee under Act No. 182, Laws of 1891.
Granted May 4, 1892, with costs. | [
38,
16,
6,
-11,
58,
53,
17,
7,
-11,
-31,
-31,
-9,
-18,
-19,
38,
87,
43,
-18,
26,
-5,
30,
-66,
-21,
-15,
37,
28,
71,
19,
-43,
38,
59,
19,
-70,
30,
-50,
-51,
-40,
1,
1,
34,
17,
-22,
36,
-30,
-13,
49,
-9,
-29,
16,
3,
34,
6,
-57,
22,
-47,
17,
15,
-46,
-54,
57,
-10,
-17,
72,
57,
-11,
22,
-32,
11,
51,
-51,
-23,
-86,
34,
25,
49,
-38,
-53,
-14,
-12,
30,
-36,
-5,
6,
-88,
1,
35,
-25,
11,
0,
1,
-10,
23,
-28,
-7,
15,
47,
48,
30,
33,
2,
31,
-13,
34,
23,
3,
-24,
-5,
39,
-10,
43,
-68,
6,
13,
-14,
-9,
22,
-32,
43,
20,
-36,
-32,
-9,
21,
-49,
-20,
2,
-24,
-48,
-30,
36,
-61,
-36,
2,
-22,
29,
23,
25,
-28,
29,
15,
-19,
70,
3,
-11,
14,
-65,
27,
-49,
-5,
13,
12,
36,
71,
45,
-52,
5,
-2,
13,
24,
-17,
12,
11,
-15,
-45,
1,
15,
-14,
-34,
-19,
-8,
49,
13,
6,
-29,
9,
-56,
22,
58,
11,
25,
-13,
36,
26,
37,
80,
-16,
3,
4,
44,
-68,
22,
-19,
15,
-19,
-6,
-46,
-18,
-51,
20,
-23,
31,
-16,
-18,
-6,
57,
-15,
-44,
45,
-29,
-24,
19,
43,
-12,
7,
-9,
84,
1,
-28,
58,
-6,
40,
31,
-36,
29,
2,
23,
48,
-21,
4,
-1,
14,
10,
-14,
26,
-2,
-28,
-35,
8,
8,
40,
-10,
15,
1,
-22,
-78,
57,
-16,
42,
-30,
3,
43,
25,
-32,
-6,
-50,
35,
11,
59,
29,
-34,
-68,
3,
15,
7,
-8,
-67,
25,
-7,
61,
24,
2,
19,
-8,
46,
-10,
-15,
7,
-77,
-25,
-20,
-15,
-60,
-33,
-23,
-10,
14,
-48,
-25,
-35,
-13,
-22,
21,
3,
-21,
24,
9,
-37,
-12,
0,
-76,
-12,
-25,
43,
-11,
56,
-99,
-25,
0,
21,
-19,
-10,
51,
-57,
21,
-6,
4,
68,
17,
27,
-11,
37,
54,
15,
81,
-30,
-27,
52,
-19,
6,
33,
-1,
-78,
-1,
-9,
-7,
2,
25,
-75,
0,
-58,
70,
10,
30,
67,
-22,
-6,
1,
-67,
10,
7,
-22,
-16,
-65,
-10,
28,
-10,
-22,
32,
-30,
21,
58,
22,
0,
-48,
26,
30,
20,
-52,
43,
16,
-28,
29,
-52,
-18,
25,
47,
-19,
32,
-17,
9,
-16,
30,
-69,
-3,
76,
12,
39,
13,
-22,
-70,
-31,
48,
-79,
14,
-10,
-44,
-21,
-17,
-8,
-41,
-2,
-4,
-6,
55,
45,
28,
43,
95,
-8,
-19,
25,
-12,
-37,
-5,
-6,
-9,
-37,
-52,
31,
16,
0,
-23,
-44,
49,
-54,
3,
-25,
41,
-9,
20,
-2,
8,
53,
-32,
23,
-17,
-19,
-16,
18,
-28,
23,
-25,
13,
69,
-35,
-50,
-47,
0,
31,
-40,
-6,
11,
-44,
49,
42,
-1,
-20,
47,
39,
-6,
-26,
44,
15,
0,
-20,
-32,
-26,
30,
-13,
71,
-12,
46,
7,
-64,
-19,
-46,
10,
-3,
24,
-45,
-33,
-36,
-4,
-27,
-23,
-9,
14,
27,
20,
-61,
49,
-22,
9,
62,
-35,
48,
-24,
28,
-9,
-4,
-31,
60,
47,
13,
15,
77,
-15,
-9,
53,
-28,
9,
-8,
-28,
-9,
-2,
75,
-54,
34,
24,
-25,
-92,
28,
-61,
1,
40,
15,
29,
-5,
-19,
-20,
-19,
30,
-28,
-32,
-73,
-60,
-31,
54,
-3,
11,
41,
9,
-24,
21,
16,
2,
14,
19,
31,
-34,
-20,
28,
5,
-2,
-53,
-55,
-24,
-26,
-55,
20,
-41,
-11,
-53,
-96,
-27,
-49,
32,
29,
-36,
-55,
-2,
-30,
-47,
69,
-3,
-24,
22,
-56,
34,
-58,
-1,
-33,
-3,
-34,
-22,
6,
-48,
20,
-1,
3,
0,
6,
-7,
17,
31,
13,
-64,
38,
30,
-15,
-30,
41,
-29,
-44,
-37,
-15,
-56,
-4,
21,
-24,
-16,
-12,
18,
-11,
27,
7,
84,
3,
23,
-64,
-30,
-22,
-36,
-66,
-11,
-31,
-4,
11,
30,
64,
1,
31,
-26,
29,
-38,
45,
12,
35,
49,
16,
-17,
-20,
-33,
-36,
-20,
32,
0,
8,
23,
31,
-52,
1,
-10,
-69,
-13,
74,
17,
-26,
-14,
21,
6,
4,
-5,
32,
56,
-20,
16,
36,
70,
-9,
-53,
-29,
3,
-4,
18,
27,
3,
100,
-29,
21,
-4,
-26,
38,
-35,
-1,
45,
38,
-1,
-16,
-35,
57,
-2,
15,
-17,
18,
37,
-25,
86,
6,
-11,
24,
-2,
14,
15,
1,
5,
-80,
-13,
-13,
23,
38,
-36,
36,
-58,
-7,
3,
-63,
19,
29,
-49,
33,
-53,
-32,
67,
-25,
65,
-64,
-21,
-2,
21,
-23,
-14,
-30,
-23,
-17,
-5,
-14,
1,
32,
10,
21,
-24,
0,
19,
-22,
0,
-107,
-34,
-58,
59,
-4,
-45,
-61,
68,
10,
-3,
-63,
15,
0,
19,
-36,
61,
21,
2,
-45,
44,
-35,
39,
-8,
19,
-3,
30,
9,
1,
2,
-12,
11,
20,
54,
17,
89,
51,
-57,
-18,
4,
-39,
38,
41,
44,
35,
-12,
-35,
54,
-15,
-14,
-4,
-19,
-54,
24,
-8,
-41,
-33,
-37,
-3,
4,
-36,
43,
36,
-20,
-81,
-81,
-5,
-61,
-17,
-59,
-72,
47,
33,
-9,
-40,
-2,
-24,
-3,
74,
-33,
20,
-1,
60,
-25,
27,
13,
-12,
-4,
-56,
-15,
-16,
8,
0,
-60,
-24,
-5,
7,
27,
35,
39,
-2,
-67,
-21,
18,
-19,
1,
11,
6,
8,
-59,
-35,
34,
52,
-3,
16,
78,
5,
61,
-29,
-11,
-60,
38,
0,
12,
-2,
-36,
-25,
1,
0,
28,
31,
8,
-7,
28,
-24,
-3,
20,
6,
-26,
-5,
39,
-4,
78,
-33,
-31,
7,
-2,
24,
-26,
57,
-38,
-27,
-39,
-23,
20,
-9,
55,
-32,
69,
2,
17,
20,
-57,
-1,
-11,
16,
-14,
31,
-10,
-1,
-19,
28,
26,
-31,
44,
89,
-10,
-79,
-18,
-1,
-19,
26,
13,
3,
-59,
26,
-23,
-3,
45,
39,
39,
42,
-26,
14,
24,
-17,
63,
16,
-1,
-60,
24,
10,
14,
22,
-18,
-23,
-25,
70,
-3,
-48,
13,
2,
43,
10,
36,
27,
-23,
33,
-13,
-48,
-24,
49,
-11,
10,
-48,
-32,
30,
-28,
46,
-11,
41,
-21,
-89,
9,
-8,
42,
10,
27,
32,
-6,
25,
-28,
-22,
15,
19,
-28,
-44,
-20,
-44,
50,
-30,
-13,
100,
19,
7,
-23,
-1,
-12,
1,
-41,
-58,
-3,
-29,
36,
-39,
-27,
37,
2,
14,
-16,
21,
52,
17,
38,
-18,
19,
-51,
-49,
0
] |
To compel respondents to deduct tbe amounts of certain alleged indebtedness from tbe amount of bis assessment upon personal property.
Order to show cause denied April 28, 1893. | [
-48,
-25,
12,
-23,
3,
54,
74,
-7,
15,
22,
-1,
-39,
21,
2,
34,
17,
18,
6,
-20,
-14,
25,
-15,
-40,
27,
-20,
-17,
48,
-18,
-38,
-39,
29,
-10,
-69,
49,
37,
-50,
-31,
-47,
21,
-3,
-10,
10,
-41,
-21,
-9,
-19,
-94,
-57,
-12,
-17,
-2,
-34,
-38,
4,
-29,
34,
-12,
-33,
-22,
-45,
-53,
17,
3,
33,
-19,
4,
-36,
-4,
-24,
-37,
-26,
-26,
53,
0,
37,
-20,
-7,
1,
-50,
18,
29,
20,
-19,
22,
3,
22,
-12,
20,
0,
21,
-18,
13,
-11,
49,
-40,
20,
-8,
39,
0,
19,
14,
2,
-11,
0,
28,
2,
3,
-5,
-19,
-25,
44,
-15,
-31,
-9,
-28,
31,
-36,
-1,
-1,
-23,
-15,
53,
34,
-57,
16,
18,
25,
-50,
-43,
-6,
-4,
41,
0,
0,
-27,
1,
5,
-42,
-65,
49,
-1,
3,
-10,
-38,
-3,
24,
60,
-19,
15,
-18,
-22,
-11,
27,
43,
-3,
49,
29,
-51,
16,
-50,
26,
44,
-26,
31,
33,
12,
-10,
63,
12,
-1,
64,
35,
-49,
-31,
-45,
-14,
72,
5,
-8,
5,
-29,
-8,
-3,
0,
55,
-16,
-22,
-17,
46,
-18,
16,
-40,
-6,
27,
5,
7,
57,
-20,
13,
-49,
27,
-20,
-45,
4,
53,
13,
36,
10,
-78,
-23,
-31,
39,
-37,
1,
-32,
30,
36,
-7,
17,
46,
11,
83,
-39,
-14,
-30,
32,
-5,
23,
-29,
17,
-31,
7,
9,
-36,
-7,
-9,
-14,
1,
-4,
53,
-23,
1,
-15,
-17,
-50,
-13,
-6,
22,
14,
-30,
-12,
-14,
-46,
18,
-1,
-55,
-26,
-4,
30,
-55,
10,
64,
42,
-17,
-4,
-45,
5,
-19,
46,
-2,
34,
41,
-14,
75,
36,
9,
-21,
-17,
-29,
-40,
-28,
-41,
11,
41,
-20,
17,
36,
6,
26,
28,
43,
-27,
63,
-13,
47,
16,
-56,
33,
28,
-42,
-14,
-12,
17,
24,
-1,
-1,
68,
-40,
23,
-54,
14,
12,
-49,
-26,
-4,
38,
3,
-18,
-67,
5,
-15,
-17,
-23,
62,
18,
27,
24,
36,
36,
34,
-11,
2,
-26,
-24,
8,
8,
26,
-60,
-36,
12,
27,
83,
-4,
-7,
55,
29,
-64,
-76,
22,
59,
1,
-2,
-37,
46,
-2,
55,
3,
5,
-35,
61,
37,
-39,
-4,
-26,
1,
-11,
-61,
-47,
8,
36,
-23,
-4,
-16,
-30,
-8,
28,
-18,
55,
-22,
-23,
35,
-38,
-35,
22,
12,
2,
33,
15,
0,
15,
30,
18,
52,
-33,
23,
-18,
-6,
-51,
-70,
8,
-39,
15,
16,
36,
-4,
-40,
33,
-31,
10,
27,
27,
-25,
23,
9,
-36,
26,
31,
17,
33,
23,
44,
-53,
-25,
-9,
-11,
-89,
0,
-1,
-39,
34,
-21,
-9,
20,
-14,
1,
-12,
0,
-31,
-5,
-14,
-1,
36,
37,
55,
26,
-41,
-39,
-12,
-2,
32,
6,
-50,
-16,
-14,
-27,
16,
66,
1,
5,
-17,
-19,
63,
-39,
5,
10,
20,
-39,
-6,
39,
-2,
-11,
6,
-10,
-30,
-10,
7,
-5,
-42,
-4,
3,
8,
-20,
9,
22,
-21,
-22,
-39,
38,
-30,
5,
7,
-34,
-12,
5,
5,
-15,
-72,
-72,
34,
47,
-51,
30,
-12,
2,
31,
-19,
-18,
14,
26,
-10,
1,
-19,
12,
28,
0,
43,
16,
-55,
20,
0,
0,
28,
-59,
-15,
36,
-14,
18,
9,
59,
42,
27,
-33,
-16,
-34,
-47,
-31,
45,
45,
-21,
38,
-5,
47,
11,
31,
13,
40,
-48,
-26,
9,
-40,
-17,
-15,
34,
75,
-57,
-15,
39,
-22,
-2,
-9,
14,
13,
-34,
-52,
-49,
-35,
30,
7,
-35,
1,
-20,
5,
-20,
-29,
25,
42,
-35,
-53,
69,
7,
-39,
-6,
13,
-70,
41,
-11,
-36,
17,
-25,
-39,
-65,
10,
-56,
56,
-3,
-25,
-20,
0,
14,
45,
-19,
-18,
6,
-59,
-2,
-16,
-24,
-16,
10,
-3,
83,
3,
38,
6,
-9,
11,
20,
-2,
8,
-47,
3,
19,
18,
-8,
8,
-23,
-6,
3,
-23,
22,
3,
1,
-3,
0,
-8,
51,
44,
22,
12,
-34,
4,
-42,
-40,
-26,
-38,
-15,
-33,
-24,
20,
-15,
14,
40,
17,
-23,
10,
48,
-47,
-24,
26,
6,
-5,
-20,
23,
37,
29,
24,
-7,
43,
58,
25,
-28,
20,
-16,
0,
7,
11,
-63,
48,
4,
-10,
-43,
-8,
7,
8,
8,
-33,
-24,
12,
39,
-22,
39,
-65,
5,
-4,
2,
5,
-25,
48,
-9,
26,
18,
-18,
8,
39,
-37,
-3,
-31,
19,
-30,
50,
-8,
0,
-42,
-19,
74,
-55,
3,
57,
24,
-77,
6,
-53,
37,
27,
-17,
13,
23,
21,
32,
0,
-33,
47,
0,
-45,
-36,
8,
2,
-8,
27,
-18,
-21,
9,
0,
53,
-11,
-16,
-27,
27,
-45,
29,
-9,
-28,
-41,
44,
-26,
-28,
-79,
3,
58,
-7,
-34,
14,
-9,
23,
-2,
27,
-59,
-66,
6,
21,
-17,
34,
10,
-57,
34,
-18,
-58,
19,
79,
16,
83,
-57,
-45,
34,
3,
-28,
12,
-23,
11,
-13,
11,
-30,
-41,
-47,
19,
1,
-11,
-24,
-37,
-29,
-13,
6,
-10,
-41,
20,
41,
-24,
27,
-49,
21,
-17,
-50,
-87,
-21,
-29,
-40,
-7,
56,
22,
-19,
-21,
66,
0,
82,
-19,
42,
11,
54,
8,
7,
-5,
-27,
11,
-23,
-26,
-25,
19,
10,
22,
-35,
-40,
-9,
-12,
-21,
6,
23,
-91,
25,
-36,
12,
-14,
0,
0,
43,
-21,
-8,
21,
5,
-7,
-24,
8,
-11,
12,
62,
-30,
19,
-3,
30,
62,
39,
43,
7,
-22,
17,
46,
67,
39,
24,
50,
-8,
-23,
-10,
2,
-24,
-1,
55,
-27,
-17,
3,
39,
28,
0,
8,
21,
24,
-17,
11,
-45,
-29,
67,
-23,
-11,
8,
17,
-10,
-40,
17,
55,
-36,
28,
21,
-6,
-43,
-20,
9,
-21,
0,
-57,
-18,
54,
99,
-7,
-11,
-28,
-15,
-35,
54,
60,
29,
-45,
31,
48,
-18,
38,
27,
-50,
29,
-35,
27,
43,
25,
-15,
-6,
-26,
-51,
-4,
-14,
43,
91,
-20,
7,
-15,
11,
25,
20,
31,
-3,
-29,
-10,
15,
34,
34,
-7,
10,
4,
47,
18,
41,
-44,
8,
-26,
10,
-10,
-58,
-27,
8,
-6,
-85,
-64,
45,
89,
-62,
-2,
-32,
-64,
-17,
12,
-3,
-13,
-31,
0,
16,
36,
-29,
-52,
49,
-5,
34,
61,
25,
18,
-29,
56,
-4,
-26,
-39,
75,
18,
-16,
2,
-46,
33,
-22,
31,
-41,
-5,
3,
0,
54,
-36,
55,
-6,
-22,
3
] |
To vacate an injunction restraining relators from entering-upon certain lands belonging to complainant, for the purpose of constructing a drain thereon.
The circuit judge ruled that the finding of the jury of the necessity for. taking complainant’s land and the taking of it without compensation was unauthorized, and the verdict void.
Denied November 18, 1891, with costs. | [
-63,
24,
-27,
-23,
-10,
22,
25,
31,
-33,
34,
15,
-46,
24,
-17,
-35,
31,
2,
-21,
2,
27,
-9,
-3,
-4,
-7,
1,
27,
49,
-24,
-34,
-30,
-37,
-5,
-47,
27,
-13,
-35,
-35,
-31,
30,
-33,
-10,
-18,
-29,
17,
20,
7,
8,
-9,
-25,
-3,
-58,
-46,
-3,
42,
-8,
-13,
4,
9,
-60,
5,
-14,
-5,
-43,
62,
18,
46,
-78,
-44,
-2,
16,
-34,
-45,
-19,
-52,
24,
33,
20,
17,
3,
-10,
29,
85,
-5,
-14,
-1,
8,
-7,
19,
72,
-62,
-85,
15,
-40,
66,
-49,
18,
-39,
20,
-19,
-22,
-8,
22,
12,
46,
11,
-68,
29,
30,
-37,
-35,
2,
-1,
14,
0,
-26,
17,
-68,
-42,
-15,
-69,
-35,
-14,
18,
-3,
-48,
-16,
-7,
-40,
4,
-10,
-10,
17,
16,
7,
22,
-15,
0,
0,
-29,
-7,
49,
31,
57,
15,
-30,
19,
64,
20,
-51,
21,
-10,
-7,
3,
25,
16,
21,
7,
-54,
63,
30,
9,
44,
-7,
-9,
-2,
-17,
25,
-1,
57,
-19,
60,
24,
-5,
-23,
22,
-62,
55,
-12,
0,
-52,
14,
-6,
-32,
10,
27,
-17,
-51,
15,
5,
-3,
2,
-38,
40,
2,
-21,
34,
-27,
-50,
27,
35,
34,
42,
-58,
7,
0,
-2,
-10,
8,
12,
15,
-24,
38,
-28,
-43,
82,
-20,
33,
7,
4,
-7,
19,
32,
-22,
21,
-49,
18,
13,
0,
44,
55,
2,
22,
20,
34,
63,
-5,
13,
2,
11,
22,
-2,
40,
-19,
22,
-34,
-48,
-24,
19,
-21,
-1,
-55,
-13,
-30,
38,
38,
58,
-42,
-27,
-3,
-12,
34,
21,
16,
-17,
-19,
-16,
-4,
-21,
54,
-18,
50,
21,
-22,
45,
36,
-34,
-47,
37,
-4,
4,
0,
1,
-42,
53,
-75,
24,
2,
4,
3,
29,
0,
6,
-23,
15,
22,
37,
53,
30,
58,
-2,
-17,
-29,
-7,
57,
39,
-1,
31,
0,
42,
-18,
31,
-31,
-24,
28,
-11,
37,
9,
-31,
-67,
-21,
-3,
-23,
-25,
11,
-64,
42,
22,
15,
46,
34,
14,
24,
-54,
53,
24,
30,
-41,
-21,
-36,
-18,
54,
-36,
-35,
-33,
39,
-3,
-26,
25,
2,
35,
12,
25,
-28,
-1,
-4,
8,
-28,
-15,
-1,
60,
43,
-36,
-3,
-61,
57,
-59,
-7,
-6,
52,
3,
1,
3,
-3,
-9,
34,
18,
44,
-29,
-21,
-5,
-23,
-28,
8,
14,
15,
29,
-1,
-44,
-26,
-6,
-1,
-5,
22,
19,
10,
32,
-29,
18,
-12,
27,
-36,
35,
-48,
34,
-37,
37,
0,
-37,
-18,
-63,
59,
-23,
64,
5,
-58,
35,
-17,
9,
17,
-1,
-50,
-58,
-15,
19,
-66,
0,
26,
-34,
6,
2,
-5,
1,
70,
0,
5,
21,
-22,
-41,
-52,
45,
7,
5,
63,
-17,
-27,
0,
19,
48,
-14,
-10,
8,
46,
-21,
-16,
-19,
-43,
-5,
21,
2,
7,
12,
22,
-62,
15,
-7,
-9,
-71,
1,
-19,
45,
5,
73,
65,
-37,
-6,
27,
-18,
-14,
-32,
15,
53,
-37,
-23,
-30,
56,
-25,
27,
5,
2,
50,
-46,
32,
16,
-4,
27,
-17,
-3,
-6,
15,
28,
28,
58,
-3,
-33,
55,
-34,
-4,
6,
-12,
4,
16,
-3,
-14,
39,
-12,
25,
-32,
-5,
-41,
-39,
8,
-52,
-51,
-33,
-14,
10,
-32,
63,
-1,
-4,
30,
-19,
-24,
43,
-71,
-7,
-32,
-40,
5,
-19,
-22,
23,
35,
21,
-32,
-10,
-28,
-48,
12,
-43,
-36,
-2,
-5,
22,
-38,
-39,
-41,
-65,
21,
13,
16,
15,
-17,
-50,
-8,
12,
40,
-27,
-9,
33,
17,
10,
18,
-31,
-1,
-4,
-89,
-28,
7,
56,
-64,
-8,
-44,
-14,
47,
12,
-63,
-11,
0,
46,
-38,
-2,
-12,
-9,
-12,
-21,
-1,
54,
-14,
10,
-13,
35,
-14,
27,
33,
-27,
9,
-16,
-19,
18,
29,
36,
15,
-4,
85,
62,
64,
-9,
-8,
-25,
5,
-12,
-22,
25,
-24,
-53,
1,
0,
-43,
7,
-28,
62,
-12,
78,
22,
65,
-12,
2,
15,
3,
16,
6,
-67,
-27,
-38,
4,
26,
-75,
-51,
-14,
20,
53,
50,
-30,
80,
11,
3,
-40,
37,
-3,
0,
1,
-19,
-4,
-23,
-20,
-11,
53,
11,
7,
1,
0,
36,
-2,
-5,
-9,
46,
26,
0,
-6,
19,
-16,
-13,
-2,
-15,
53,
12,
39,
31,
44,
48,
-3,
32,
5,
57,
-19,
-6,
6,
4,
24,
14,
-9,
57,
25,
-1,
10,
-5,
11,
-7,
27,
-22,
24,
16,
41,
15,
-12,
27,
-50,
-9,
30,
41,
-61,
-35,
29,
-3,
36,
54,
5,
0,
6,
22,
-6,
31,
-8,
27,
52,
-40,
-11,
39,
-40,
-11,
-39,
-16,
26,
0,
-22,
-36,
12,
-60,
11,
-21,
-91,
-6,
30,
-22,
-22,
-28,
38,
12,
-13,
-8,
9,
-23,
-40,
-13,
-10,
43,
-18,
-3,
63,
-19,
-25,
-11,
-72,
6,
24,
-50,
-3,
-15,
21,
-11,
-60,
10,
-14,
3,
-56,
38,
-1,
0,
-30,
17,
-42,
-87,
-33,
-17,
-16,
-17,
-50,
-24,
20,
-34,
30,
-7,
49,
1,
-6,
-5,
-8,
-52,
3,
-11,
-23,
0,
-20,
15,
-19,
-32,
80,
-6,
-13,
21,
64,
-24,
15,
-21,
28,
25,
-48,
-28,
-22,
28,
-36,
45,
40,
-21,
-52,
14,
64,
33,
0,
-55,
-37,
-22,
-32,
-1,
-9,
-65,
15,
-48,
48,
7,
-22,
0,
27,
-31,
-33,
53,
9,
21,
11,
38,
9,
7,
-20,
12,
64,
4,
17,
16,
2,
43,
5,
22,
-12,
-6,
40,
3,
-44,
-36,
-8,
34,
8,
-26,
41,
-24,
4,
-21,
-16,
-24,
62,
18,
22,
6,
13,
23,
16,
-19,
-44,
-36,
-39,
-34,
-35,
16,
27,
-90,
-51,
-13,
57,
22,
-43,
11,
-8,
-70,
-28,
35,
-20,
-21,
1,
4,
30,
18,
39,
-7,
-31,
-40,
-13,
-32,
17,
23,
12,
-4,
0,
-18,
-8,
-38,
7,
-26,
-10,
11,
4,
15,
-31,
17,
25,
-4,
9,
37,
15,
64,
47,
9,
30,
7,
-32,
50,
-43,
17,
-17,
-25,
17,
-6,
13,
11,
-30,
46,
-14,
37,
13,
-35,
14,
-21,
-9,
5,
13,
-19,
1,
0,
11,
-14,
-78,
-46,
-47,
17,
-25,
-44,
1,
-64,
-6,
37,
-47,
-7,
-72,
21,
43,
-19,
46,
-50,
25,
-26,
42,
-25,
27,
-19,
-53,
30,
10,
10,
4,
31,
-35,
-36,
22,
61,
12,
-34,
40,
-21,
-10,
24,
14,
29,
-10,
-44,
22
] |
To compel respondent to draw his warrant upon the city treasurer in favor of relator, for all moneys remaining in said treasurer’s hands received for fines and penalties in the Central Police Station Court of the city ofDetroit.
Granted May 10, 1869. | [
20,
10,
11,
47,
-31,
52,
12,
18,
-16,
-30,
-21,
-11,
-34,
46,
11,
25,
-8,
18,
36,
-48,
-44,
-29,
11,
-25,
-18,
33,
46,
17,
-65,
-43,
10,
5,
8,
20,
-3,
-8,
-6,
-21,
83,
36,
5,
21,
-44,
18,
0,
-17,
-74,
-5,
-53,
-7,
-43,
0,
-39,
60,
-37,
82,
-21,
-86,
2,
5,
-27,
-50,
-30,
23,
-36,
-23,
-29,
-15,
-17,
3,
14,
-39,
8,
9,
49,
69,
-7,
-23,
-2,
37,
5,
40,
-45,
5,
9,
23,
0,
-69,
40,
-22,
0,
-7,
-12,
17,
-31,
12,
26,
8,
7,
64,
-11,
-39,
13,
20,
33,
10,
17,
17,
7,
-43,
13,
-17,
64,
-56,
-36,
-5,
-83,
-22,
39,
-6,
-15,
2,
7,
33,
-15,
-51,
-41,
-62,
-25,
2,
-17,
-53,
-31,
7,
22,
-27,
13,
32,
-41,
59,
35,
38,
5,
-15,
6,
-73,
22,
43,
-19,
95,
-50,
-55,
-3,
51,
-33,
-29,
-21,
-40,
3,
7,
13,
0,
-12,
-37,
18,
-9,
-34,
-17,
12,
73,
-14,
58,
15,
31,
52,
-100,
-27,
15,
-19,
7,
19,
43,
4,
0,
43,
33,
38,
5,
17,
18,
0,
-40,
-26,
0,
5,
-26,
32,
-82,
-5,
-36,
5,
59,
-15,
-16,
-17,
-17,
34,
7,
-6,
13,
6,
-5,
-9,
21,
-27,
11,
-49,
44,
36,
-19,
-60,
33,
8,
79,
-45,
28,
2,
52,
-5,
17,
43,
21,
5,
-33,
3,
21,
23,
32,
12,
11,
-15,
27,
10,
-58,
39,
15,
-1,
2,
-86,
-33,
-57,
-32,
-27,
7,
-51,
58,
-2,
-18,
93,
17,
45,
9,
28,
29,
-32,
-89,
-21,
16,
26,
-44,
52,
32,
31,
20,
56,
-26,
-18,
18,
-3,
95,
-17,
-73,
-38,
45,
79,
-13,
-18,
-13,
32,
5,
3,
-25,
19,
8,
-2,
41,
-31,
7,
34,
-4,
-24,
-12,
-28,
13,
38,
-55,
66,
14,
-47,
9,
91,
-15,
-35,
89,
-1,
19,
31,
-49,
-24,
11,
16,
-7,
-27,
-18,
-29,
0,
20,
34,
11,
-29,
40,
-6,
-20,
-81,
-37,
45,
16,
13,
0,
-33,
-11,
-46,
-37,
-7,
4,
-16,
41,
62,
-30,
20,
-31,
-19,
15,
40,
-4,
-6,
-73,
13,
29,
14,
41,
23,
13,
-22,
30,
-21,
2,
-15,
-13,
10,
35,
-70,
-7,
-18,
-14,
-2,
10,
-25,
8,
22,
16,
-54,
-21,
-24,
14,
20,
3,
11,
-57,
-65,
67,
96,
0,
-21,
-28,
-60,
-12,
7,
13,
-73,
-36,
18,
32,
7,
-4,
-37,
8,
80,
53,
-26,
1,
-36,
12,
7,
5,
-13,
5,
-10,
-10,
-31,
-21,
0,
6,
-51,
-41,
52,
-31,
1,
17,
-23,
-15,
-1,
77,
0,
-38,
-22,
7,
-78,
4,
-31,
35,
-19,
65,
79,
31,
-48,
-52,
-26,
-24,
1,
-17,
-7,
14,
43,
-21,
-2,
42,
25,
13,
7,
26,
71,
-15,
-13,
6,
16,
-33,
37,
14,
54,
-35,
-33,
-6,
-18,
-36,
-58,
-13,
-25,
-7,
1,
5,
-18,
13,
-9,
-22,
-8,
65,
-8,
-17,
71,
-12,
-23,
2,
35,
96,
21,
-37,
14,
1,
8,
-34,
38,
17,
49,
23,
4,
10,
1,
8,
-32,
-26,
22,
-23,
-2,
24,
27,
-40,
4,
-7,
-1,
-11,
11,
-32,
-10,
61,
35,
27,
47,
-74,
42,
-20,
-55,
-57,
-87,
5,
-28,
-33,
29,
8,
10,
1,
23,
66,
-38,
-68,
55,
9,
-5,
-27,
-26,
-21,
30,
41,
-4,
-46,
-50,
41,
-11,
-28,
20,
35,
-39,
15,
-40,
-45,
27,
19,
-16,
-27,
2,
-31,
25,
15,
1,
27,
0,
-68,
-1,
39,
-9,
0,
-22,
-19,
32,
62,
39,
-15,
4,
10,
-16,
-45,
96,
67,
2,
-78,
17,
-64,
54,
-60,
-31,
6,
32,
7,
-1,
25,
-30,
14,
13,
38,
-55,
26,
58,
55,
-8,
16,
17,
4,
9,
-26,
1,
-53,
-47,
-12,
31,
-34,
-15,
2,
-56,
-44,
23,
-53,
4,
-19,
4,
-69,
-3,
-10,
5,
26,
7,
-18,
54,
-2,
-71,
-21,
14,
-2,
-23,
-27,
11,
-15,
11,
60,
15,
92,
36,
9,
0,
47,
-35,
23,
14,
-40,
19,
0,
11,
16,
12,
60,
29,
-34,
-83,
3,
-11,
11,
-63,
-40,
15,
-53,
-59,
12,
36,
-2,
-19,
7,
46,
10,
-31,
-26,
56,
12,
-53,
-14,
22,
41,
52,
35,
7,
-5,
36,
46,
-38,
-17,
-23,
-32,
-66,
-15,
4,
-21,
2,
-3,
-20,
-30,
16,
12,
-78,
21,
5,
5,
-28,
-2,
12,
-26,
63,
12,
20,
-72,
-18,
-71,
18,
-43,
-2,
39,
-19,
37,
-7,
-67,
39,
2,
0,
-50,
27,
24,
2,
-1,
19,
-33,
6,
-63,
8,
21,
-11,
43,
-71,
-10,
1,
-30,
0,
-7,
21,
-39,
52,
60,
9,
0,
19,
-12,
31,
39,
-22,
44,
3,
42,
-18,
16,
4,
-19,
-45,
39,
-35,
2,
-35,
-38,
-5,
21,
-22,
0,
45,
-12,
4,
26,
-68,
45,
-26,
-28,
-29,
-54,
-24,
18,
-3,
-34,
20,
-24,
4,
-12,
88,
9,
47,
-91,
-13,
-31,
43,
-44,
4,
-30,
30,
34,
-15,
5,
-1,
-15,
-3,
19,
35,
-56,
57,
35,
1,
-34,
57,
7,
3,
64,
1,
-29,
-36,
-16,
-21,
13,
37,
-4,
-40,
56,
2,
-4,
-36,
-26,
35,
-38,
15,
-3,
22,
-23,
-31,
-54,
-6,
43,
1,
10,
-1,
17,
17,
24,
-23,
-35,
24,
-33,
-7,
27,
-4,
12,
57,
-19,
40,
14,
103,
45,
28,
3,
-61,
13,
-20,
-14,
-25,
-2,
49,
-41,
-41,
-11,
34,
-4,
19,
3,
-4,
8,
-35,
-59,
-52,
-18,
12,
21,
33,
-13,
-2,
22,
-23,
-19,
-9,
7,
-39,
35,
36,
-87,
-1,
-1,
-22,
-61,
-14,
53,
17,
56,
62,
-37,
69,
-9,
-37,
35,
-45,
-4,
-5,
0,
-13,
-3,
28,
55,
14,
2,
18,
71,
35,
7,
-45,
-56,
6,
-40,
61,
17,
15,
39,
41,
17,
-3,
-9,
-41,
-16,
3,
0,
-4,
0,
47,
2,
28,
82,
-48,
-31,
2,
-18,
-32,
62,
9,
12,
16,
-12,
-7,
-18,
0,
-32,
-49,
-19,
-37,
77,
-2,
36,
7,
-78,
12,
22,
19,
5,
10,
36,
-28,
-26,
7,
20,
5,
-49,
37,
1,
16,
-7,
-27,
-34,
-32,
-36,
-35,
17,
-18,
-5,
-15,
6,
-7,
-21,
-1,
14,
-11,
36,
10,
18,
-50,
37,
-67,
0,
63
] |
To vacate an order staying proceedings in a suit, pending the determination of the issue in a garnishee suit, unless a bond be given under How. Stat., Sec. 8105.
Denied August 1, 1890. | [
-6,
36,
-68,
48,
21,
-10,
54,
25,
32,
-18,
-11,
-5,
-3,
-1,
-37,
31,
-5,
-35,
-24,
13,
-15,
36,
-43,
-3,
40,
47,
65,
-12,
-16,
-39,
2,
36,
-58,
70,
-30,
-58,
-25,
-11,
16,
5,
-2,
26,
5,
42,
-45,
-28,
-41,
-29,
-23,
24,
-64,
-27,
-10,
35,
16,
71,
18,
43,
-5,
54,
-28,
-9,
-2,
21,
-69,
10,
0,
-33,
-29,
-19,
-32,
5,
11,
58,
36,
-27,
29,
29,
25,
26,
55,
39,
-17,
-22,
30,
-24,
-25,
15,
27,
-17,
-69,
74,
-52,
-4,
-94,
-11,
-18,
0,
41,
9,
-6,
-10,
-37,
-3,
-7,
11,
37,
8,
-119,
10,
-7,
-51,
34,
-11,
-25,
22,
-37,
-15,
15,
-23,
36,
4,
68,
-5,
2,
-37,
-13,
-34,
4,
-23,
-26,
95,
38,
20,
2,
21,
61,
0,
-28,
-39,
-22,
22,
23,
-40,
6,
-16,
36,
-13,
-66,
-9,
-42,
88,
-33,
-3,
-45,
64,
34,
-45,
-2,
-14,
-14,
28,
-20,
-44,
32,
-60,
4,
79,
38,
32,
36,
20,
24,
28,
-23,
-33,
18,
21,
-24,
13,
4,
-35,
-23,
1,
70,
14,
-57,
13,
-16,
8,
-47,
8,
7,
16,
0,
4,
73,
-46,
-2,
70,
14,
19,
-77,
-19,
37,
-3,
9,
22,
0,
4,
-57,
6,
-40,
-2,
42,
-16,
29,
36,
22,
56,
15,
39,
-21,
28,
27,
-5,
70,
-13,
-8,
45,
-7,
63,
-26,
4,
28,
19,
33,
14,
66,
92,
-5,
7,
-8,
14,
-7,
-61,
-24,
7,
-9,
-55,
22,
32,
24,
54,
24,
-21,
-49,
0,
-23,
-17,
77,
26,
24,
-49,
-48,
-1,
48,
-10,
5,
15,
26,
-25,
-5,
0,
31,
48,
-42,
-18,
31,
21,
-62,
44,
-53,
44,
-74,
-19,
43,
7,
1,
38,
-11,
-13,
2,
11,
-23,
15,
-16,
49,
6,
12,
-14,
-20,
30,
25,
-9,
10,
4,
-57,
24,
-36,
-35,
14,
-42,
28,
40,
29,
7,
-6,
-39,
-46,
-8,
0,
-37,
15,
50,
8,
-31,
-21,
38,
-27,
-34,
-11,
-22,
-36,
1,
37,
24,
-14,
17,
48,
16,
-12,
10,
-33,
-7,
12,
35,
-19,
27,
23,
-8,
35,
-27,
-17,
27,
9,
-92,
23,
-13,
59,
5,
0,
-12,
-17,
36,
-47,
10,
26,
7,
-6,
26,
-10,
21,
-92,
-41,
16,
-2,
-20,
-53,
-19,
2,
-41,
-13,
-12,
15,
28,
-15,
55,
-18,
-64,
42,
-16,
29,
-33,
-2,
30,
-47,
-50,
-11,
39,
-22,
32,
-20,
7,
26,
27,
15,
-68,
14,
27,
29,
2,
-28,
-4,
-35,
-20,
21,
-6,
53,
-33,
-39,
-53,
-52,
35,
-12,
-6,
22,
10,
10,
29,
0,
56,
50,
14,
-26,
-21,
-16,
-73,
-33,
-51,
18,
-7,
92,
33,
3,
9,
-22,
-22,
-32,
48,
17,
-23,
-27,
13,
-29,
-13,
63,
33,
-19,
20,
33,
-44,
-21,
69,
-13,
-2,
-65,
-27,
14,
12,
-25,
-59,
35,
-46,
-60,
-8,
-11,
11,
-24,
49,
-15,
34,
51,
-34,
51,
21,
-4,
-22,
19,
51,
-38,
11,
37,
22,
-26,
8,
-32,
-32,
37,
51,
-46,
27,
-20,
60,
25,
1,
9,
-32,
3,
-55,
21,
6,
4,
31,
73,
12,
-17,
36,
6,
12,
-12,
1,
-57,
0,
42,
76,
-27,
-43,
13,
6,
2,
-7,
56,
74,
0,
2,
22,
-21,
-17,
2,
-15,
56,
-7,
65,
36,
47,
-31,
21,
24,
22,
-31,
-42,
11,
17,
-66,
5,
34,
8,
25,
-5,
7,
-40,
-28,
-51,
-58,
-20,
15,
3,
-39,
26,
-33,
-24,
8,
21,
22,
-39,
-78,
2,
32,
2,
-19,
43,
-33,
-31,
22,
-8,
-63,
-73,
-74,
32,
-8,
45,
7,
-25,
-15,
59,
-32,
15,
-8,
1,
22,
33,
-21,
-27,
-71,
-60,
-1,
-1,
11,
5,
37,
-17,
-31,
-18,
17,
2,
18,
21,
-18,
15,
29,
23,
-3,
21,
-26,
-6,
-16,
0,
30,
22,
-19,
29,
44,
16,
1,
39,
-1,
42,
25,
-75,
-37,
30,
25,
-16,
-15,
26,
-5,
-28,
7,
-14,
5,
16,
-34,
37,
42,
38,
15,
3,
87,
-30,
-61,
-43,
-22,
-61,
-17,
24,
-54,
48,
-7,
7,
19,
-5,
-29,
-2,
5,
41,
0,
24,
25,
-22,
-28,
-19,
13,
-37,
-7,
-20,
27,
-1,
32,
-14,
40,
11,
-6,
-23,
101,
-28,
-34,
13,
3,
19,
-9,
-7,
-1,
11,
-13,
-32,
-41,
-24,
23,
-43,
-29,
-10,
0,
-38,
68,
-29,
4,
-8,
-2,
-41,
0,
0,
30,
39,
-46,
79,
-22,
-37,
-21,
-77,
-15,
-65,
-9,
53,
-65,
31,
-31,
-48,
-11,
-73,
-44,
-29,
39,
32,
-29,
-3,
-33,
26,
-15,
-49,
57,
-40,
-32,
73,
-26,
-35,
-7,
-43,
15,
49,
-12,
42,
4,
4,
-51,
23,
19,
-6,
42,
25,
-29,
-69,
67,
-8,
24,
2,
2,
2,
4,
-3,
46,
-91,
-22,
4,
-6,
-15,
-7,
40,
-83,
-38,
37,
-78,
-29,
0,
0,
-6,
20,
-37,
-30,
-18,
-9,
-18,
51,
0,
21,
-20,
0,
65,
-32,
-30,
-40,
-52,
-32,
-29,
19,
-21,
-23,
20,
10,
-74,
-18,
15,
-55,
29,
-17,
-48,
-11,
0,
-20,
-12,
20,
-12,
34,
-50,
-10,
-44,
56,
6,
52,
-34,
0,
-16,
-17,
-9,
2,
11,
-26,
-2,
26,
10,
24,
35,
-73,
11,
-26,
-10,
-13,
14,
19,
45,
32,
-14,
39,
-24,
35,
59,
-73,
-23,
16,
-40,
53,
-22,
4,
30,
24,
43,
51,
-9,
18,
-19,
15,
-22,
39,
1,
41,
-27,
5,
-4,
-31,
23,
35,
-59,
7,
24,
31,
29,
48,
-55,
-33,
20,
-54,
-40,
-45,
28,
-28,
-66,
15,
53,
34,
-4,
60,
32,
-25,
-20,
91,
1,
-3,
30,
-49,
15,
36,
-15,
-13,
-73,
6,
-12,
-8,
60,
37,
0,
-12,
38,
-14,
11,
-29,
-47,
1,
28,
2,
45,
-44,
-10,
-66,
-6,
-42,
38,
43,
39,
79,
18,
-1,
36,
11,
-6,
-6,
-7,
-8,
-60,
6,
23,
-13,
29,
15,
-32,
58,
57,
26,
19,
-40,
-8,
-31,
-5,
10,
-20,
-79,
59,
16,
-53,
16,
-22,
0,
-20,
-9,
-57,
-28,
53,
13,
1,
-6,
-32,
6,
-17,
-43,
8,
8,
19,
3,
26,
-91,
47,
-41,
18,
19,
0,
-30,
-12,
8,
-7,
-23,
19,
-24,
-24,
10,
22,
-10,
0,
-45,
41,
28,
0,
50,
-63,
-79,
30
] |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.