People v. Ferguson
| Decision Date | 21 February 1899 |
| Court | Michigan Supreme Court |
| Parties | PEOPLE v. FERGUSON. |
Error to circuit court, Barry county; Clement Smith, Judge.
John P Ferguson was convicted of malicious injury to property, and brings error. Affirmed.
R. M. Ferguson (J. M. Jamison, of counsel), for appellant.
Fred A Maynard, Atty. Gen., and Thomas Sullivan, Pros. Atty., for the People.
The respondent was convicted of malicious injury to a fence, and has brought the case here for review on exceptions before sentence. The information charges that the respondent did willfully and maliciously break down a certain fence inclosing the land belonging to the First Congregational Church Society of Middleville, Barry county, Mich.
The prosecution gave in evidence a deed running to the First Orthodox Congregational Church of Middleville, and showed a subsequent consolidation of the two societies, constituting the new society, under the name of the First Congregational Church of Middleville. The deed ran to the First Orthodox Congregational Church of the Village of Middleville, and described by metes and bounds a portion of lot No. 13 of Hill's addition to the village of Middleville. The proofs show that the fence which the respondent is charged with having destroyed is on lot 16 of block 49 of the village of Middleville. We do not find any testimony in the record directly showing the identity of these descriptions. It is contended, therefore, that there was a complete failure to prove title. But it was in evidence that the lot that was actually occupied by the church had previously been in the occupancy of the grantor, Hill. It also appeared that the church society had occupied this ground for a period much longer than that required by the statute of limitations, and, this being so, the title of the church society would appear to have been perfect.
It is next contended that there is a fatal variance between the proof and the information, in that the information avers the property to be the property of the First Congregational Church Society of Middleville, and the proofs show that the consolidated society took the name of the First Congregational Church. There can be no question as to the party intended. The corporate name may be the First Congregational Church, but the church is a society, and addition of the word "Society" would not render uncertain the person or corporation intended. We think the provisions of How. Ann. St. � 9534, apply. That section provides that, "no indictment for any offence shall be held insufficient *** because any person mentioned in the indictment is designated by a name of office or other descriptive appellation instead of his proper name." The word "person" may extend to and be applied to corporations. Id. � 2, subd. 12.
It is insisted that the circuit judge erred in refusing to direct a verdict on the ground that the proceeding is an attempt to try disputed rights. On the argument we were much impressed by this view, on the facts shown from the brief of the respondent's...
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