REPORTS OF CASES HEARD AND DECIDED IN THE SUPREME COURT OF MICHIGAN FRON JULY 11, 1867, TO APRIL 28, 1868. WILLIAM JENNISON, REPORTER. VOLUME III, HARVARD LAW LIBRARY DETROIT: WM. A. TIROOP & CO. 1868. Entered according to Act of Congress in the year 1868, by WILLIAM JENNISON, In the Clerk's Office of the District Court of the United States, for the Eastern District of Michigan. 8-10-1868 PRINTED BY THE ADVERTISER AND TRIBUNE COMPANY, 212 JEFFERSON ATE., DETROIT. . Chief Justice till his death, December 15, 1867. Chief Justice from January 1st, 1868. By Act No. 40, Sess. Laws 1867, p. 59, it is provided " that from and after December 31, 1867, the powers and duties appertaining to the office of the Chief Justice of the Supreme Court shall devolve from time to time upon the judge whose term shall soonest expire by its own limitation." AMENDED RULE. At the January Term, 1868, it was ordered by the Court that Circuit Court Rule No. 5 be amended, by striking out the word "county," and inserting the words, city village, and township. TABLE OF CASES REPORTED IN THIS VOLUME. . . : 405 Gofinet, Miles o., . . . Allison et al. d. Smith et al., 373 Gordon et al. o. Ward et al. 360 50 Heffron et al. o. M. S. and N. Brady et al., Pennsylvania Min- Hensche o. People, 152 Judge of Probate of Monroe Dewey o. Johnson, Kellogg, Hall v., · 135 Doyle 0. Howard, . 261 Kenyon v. Woodward, . 326 74 Kimball et al. v. Kimball, . . 211 Dunlap o. Gleason, . 158 King v. M. S. and N. I. R. R. . . . . |