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THE

NORTHWESTERN REPORTER

WITH KEY-NUMBER ANNOTATIONS

VOLUME 124

PERMANENT EDITION

CONTAINING ALL THE DECISIONS OF THE

SUPREME COURTS OF

MINNESOTA, MICHIGAN, NEBRASKA, WISCONSIN

IOWA, NORTH DAKOTA, SOUTH DAKOTA

WITH TABLE OF NORTHWESTERN CASES IN WHICH
REHEARINGS HAVE BEEN DENIED

AND
TABLE OF STATUTES CONSTRUED

JANUARY 28—MARCH 18, 1910

ST. PAUL

WEST PUBLISHING CO.

Law Librer

COPYRIGHT, 1910

BI

WEST PUBLISHING COMPANY

(124 N.W.)

C. 3

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD

COVERED BY THIS VOLUME

IOWA-Supreme Court.

H. E. DEEMER, CHIEF JUSTICE.

JUSTICES.
JOHN C. SHERWIN.

S. M. WEAVER.
EMLIN MCCLAIN.

SCOTT M. LADD.
WILLIAM D. EVANS.

MICHIGAN—Supreme Court.

CHARLES A. BLAIR, CHIEF JUSTICE.
ROBERT M. MONTGOMERY, CHIEF JUSTICE. 1

ASSOCIATE JUSTICES.
CLAUDIUS B. GRANT.2

JOSEPH B. MOORE.
ROBERT M. MONTGOMERY,1 AARON V. MCALVAY.
RUSSELL C. OSTRANDER.

FLAVIUS L. BROOKE.
FRANK A. HOOKER.

CHARLES A. BLAIR.
JOHN W. STONE.3

MINNESOTA--Supreme Court.

CHARLES M. START, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
CALVIN L. BROWN.

EDWIN A. JAGGARD. -
CHARLES L. LEWIS.

CHARLES B, ELLIOTT,
THOMAS D. O'BRIEN.

NEBRASKA-Supreme Court.

MANOAH B. REESE, CHIEF JUSTICE.

ASSOCIATE JUSTICES.
JOHN B. BARNES.

CHARLES B. LETTON.
JAMES R. DEAN.4

WILLIAM B. ROSE.
JACOB FAWCETT.

JESSE L. ROOT.
SAMUEL H. SEDGWICK.5

* Became Chiel Justice January 1, 1910. 3 Elected January 1, 1910, to succeed Claudius B. Grant * Term expired.

* Term expired January 5, 1910. * Appointed to succeed James R. Dean.

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ASSOCIATE JUSTICES. ROUJET D. MARSHALL.

JAMES C. KERWIN. JOSHUA ERIC DODGE.

WILLIAM H. TIMLIN. ROBERT G. SIEBLCKER,

JOHN BARNES.

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COURT RULES

SUPREME COURT OF MICHIGAN

CHANCERY RULE 37.

the hearing and in his possession as he de(a) In all causes and proceedings in chan- sires to have incorporated in the case on apcery after final order or decree where the peal, and shall accompany said amendments testimony shall have been taken by a ste- and exhibits and papers aforesaid with all nographer in open court, or by deposition, of the stenographer's minutes previously or before a circuit court commissioner, or in served upon him, together with such other any other manner, any party shall be en- exhibits, papers, documents or writings, if titled to make and settle a case setting forth any, as shall have been served upon him, the substance of all the evidence taken or and shall likewise serve upon said pariy read at the hearing, and such case when so seeking to appeal, or his solicitor of record, made, settled and filed shall be deemed and a notice that the said case on appeal as proheld to be the evidence therein for all pur- posed and the said proposed amendments poses of review on appeal to the Supreme thereto will be presented to the judge who Court.

heard said cause or proceedings, or in case (b) The person or party desiring to appeal of his absence or disability, then to such to the Supreme Court shall, within sixty other judge as may be authorized to act in days after service upon him, or his solicitor any matter in connection with the settling of record, of written notice of the filing and of cases for review on appeal, either in open entry of the final order or decree sought to court or at chambers as the case may be and be appealed from, serve upon the adverse to be specified in said notice at some date party, or his solicitor of record, a copy of not less than four nor more than six days the proposed case on appeal together with from the date of the service of said prothe original copies of such exhibits, papers, posed amendments and papers in connection writings or documents as he shall desire to

therewith. incorporate into said case on appeal, and

(d) The judge before whom the settlement also such portions of the stenographer's min- of said case on appeal shall have been noutes of the testimony taken in open court as ticed shall, at the time specified in said noshal] have been procured by him, for the in- tice, or at such other time as he shall fix, spection and use by such adverse party in or shall be agreed upon in open court, or by the preparation of amendments to the said the written stipulation of the parties, proproposed case on appeal; Provided, said par- ceed to consider the matter and to settle and ty so seeking to appeal, on application being sign said case on appeal: Provided, not made to the judge who heard said cause or

more than one year from the date of the proceedings, or in his absence or disability, filing and entry of the final order or decree then to such other judge as may be author- sought to be appealed from, shall in any ized by the provisions of this rule to act in case be allowed to take all the steps, do að any matter in connection with settling cases the acts and perform all things required to for review on appeal, may be required to be taken, done and performed in and about furnish a copy of such further portions of the making, settling, signing and filing of the stenographer's minutes of the testimony the case on appeal. taken in open court and the originals or (e) In case of the failure of the adverse copies of all other exhibits, depositions, pa- party to prepare and serve his amendments pers, writings or documents used in evidence to the proposed case on appeal together with on the bearing and in his possession as shall the exhibits and other papers required by be deemed necessary by such judge to the this rule to be served in connection there. settlement of said case.

with, the judge who heard said cause or (C) Within thirty days after such service proceeding, or in the event of his absence upon him or his solicitor of record, said ad- or disability, then any other judge authorTerse party, or his solicitor of record, shall ized to act in any inatter in connection with cause to be served upon the party so seeking the sett’ing of cases for review on appeal to appeal, or his solicitor of record, a copy as provided by this rule, upon its being of such amendments as he proposes to the made to appear by affidavit, or otherwise, to case on appeal proposed by the party seek-, his satisfaction that due service of the paing to appeal, and also the originals or cop- pers required to be served by the party seekles of such exhibits, depositions, papers, ing the appeal was made upon the adverse writings or documents used in evidence on party, or his solicitor of record, and that all

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