This case in no respects differs from what it was when formerly before us. Underhill v. Muskegon Booming Co. 40 Mich. 660; Muskegon Boomimg Co. v. Underhill 43 Mich. 629. The plaintiff made out no case whatever, and judgment was properly rendered against him. The attempt in this way to protract litigation is a grievance to the defendant, but as no application is made for more than ordinary costs the judgment is affirmed with costs.