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NATIONAL REPORTER SYSTEM — STATE SERIES

THE

PACIFIC REPORTER

VOLUME 165

PERMANENT EDITION

COMPRISING ALL THE DECISIONS OF THE

SUPREME COURTS OF CALIFORNIA, KANSAS, OREGON
WASHINGTON, COLORADO, MONTANA, ARIZONA
NEVADA, IDAHO, WYOMING, UTAH

NEW MEXICO, OKLAHOMA
AND OF THE COURTS OF APPEAL OF CALIFORNIA
AND CRIMINAL COURT OF APPEALS

OF OKLAHOMA

WITH KEY-NUMBER ANNOTATIONS

CONTAINING A TABLE OF PACIFIC CASES IN WHICH REHEARINGS

HAVE BEEN DENIED

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COPYRIGHT, 1917

BY
WEST PUBLISHING COMPANY

(165 PAC.)

JUDGES

OF THE COURTS REPORTED DURING THE PERIOD COVERED

BY THIS VOLUME

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KANSAS-Supreme Court, WILLIAM A. JOHNSTON, CHIEF JUSTICE.

Division No. 3.
W. R. BLEAKMORE.
SAM HOOKER.
HUNTER L, JOHNSON.

JUSTICES.
ROUSSEAU A. BURCH.
HENRY F. MASON.
SILAS PORTER.
JUDSON S. WEST.
JOHN MARSHALL,
JOHN S. DAWSON.

Division No. 4.
PRESTON S. DAVIS.
THOS. A. EDWARDS.
R. P. DE GRAFFENRIED.

J. D. Murphy served as judge pro tem.
* Supreme Court increased to nine members
April 16, 1917.

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• Terms of all Commissioners expired January

31, 1917.

597015

OKLAHOMA-Supreme Court (Cont'd).
BUPREME COURT COMMISSIONERS (Cont'd).

Division No. 5.
W. J. CAMPBELL.
CHAM JONES.
JOHN W. HAYSON.

Division No. 6.
J. C. ROBBERTS.
W. F. FREEMAN.
R. W. HIGGINS.

SUPREME COURT COMMISSIONERS. March 31, 1917, to November 30, 1918.

Division No. 1.
WM. A. COLLIER.
NESTOR RUMMONS.
A. M. STEWART..

Division No. 2.
C. A. GALBRAITH."
A. T. WEST..
D. K. POPE.S

Division No. 3.
W. R. BLEAKMORE.
SAM HOOKER,
W. V. PRYOR."

Criminal Court of Appeals. THOMAS H. DOYLE, PRESIDING JUDGE.

ASSOCIATE JUDGES.
JAS. R. ARMSTRONG.
RUTHERFORD BRETT.
SMITH C. MATSON.?

OREGON-Supreme Court. THOMAS A. MCBRIDE, CHIEF JUSTICE.

Department 1.
HENRY L. BENSON, PRESIDING JUDGE.

ASSOCIATE JUDGES.
LAWRENCE T. HARRIS.
GEORGE H. BURNETT.

Appointed March 31, 1917.

Appointed April 23, 1917. Appointed Justice of Supreme Court April 16,

1917.

OREGON-Supreme Court (Cont'd).

Department 2.
HENRY J. BEAN, PRESIDING JUDGE,

ASSOCIATE JUDGES.
FRANK A. MOORE.
WALLACE MCCAMANT.

UTAH-Supreme Court,

J. E. FRICK, CHIEF JUSTICE.

JUSTICES.
WM. M. MCCARTY.
E. E, CORFMAN.
VALENTINE GIDEON.
S. R. THURMAN.

WASHINGTON-Supreme Court,

OVERTON G. ELLIS, CHIEF JUSTICE.

Department 1.
ASSOCIATE JUSTICES.
JOHN F. MAIN.
STEPHEN J. CHADWICK.
J. STANLEY WEBSTER.
GEORGE E. MORRIS.

Department 2.

ASSOCIATE JUSTICES.
EMMETT N. PARKER.
MARK A. FULLERTON.
O. R. HOLCOMB.
WALLACE MOUNT.

WYOMING-Supreme Court.

CHARLES N. POTTER, CHIEF JUSTICA,

ASSOCIATE JUSTICES.
CYRUS BEARD.
RICHARD H. SCOTT.

$

'Appointed April 19, 1917. Appointed May 8, 1917.

COURT RULES

SUPREME COURT OF OKLAHOMA

Adopted June 11, 1917 1. The regular terms of this court will be, thereto. Five copies of all motions and petiheld beginning on the second Tuesday of Oc- tions and of the response thereto shall be tober, December, February, April and June of filed. each year, at 10 o'clock a. m., standard time. VI. Every motion to advance a cause shall Special sessions may be held at any time contain a brief statement of the matter inupon call of the Chief Justice. The forenoon volved, with the reason for the application. sitting will convene at 9 o'clock and the after VII. In each civil cause filed in this court, noon sitting at 1:30 o'clock.

counsel for plaintiff in error shall, unless II. All causes in which no notice for oral otherwise ordered by the court, serve his argument has been given shall stand for sub-brief on counsel for defendant in error at mission on the first day of the term; all caus- least forty (40) days before the case is set for es standing for trial will be heard in the or submission. Counsel for plaintiff in error der assigned, unless the court, on proper mo shall file with the clerk of this court twenty tion and showing, shall order otherwise; pro (20) copies of such brief within the time vided, that in making up the trial docket the above designated, and defendant in error clerk shall so arrange the assignment of the shall, within thirty (30) days after the service cases that those from each supreme court ju- of the brief of plaintiff in error upon him, dicial district may be heard together as near- file with the clerk of this court twenty (20) ly as may be.

copies of his answer brief, and serve same III. At least seventy (70) days prior to the upon plaintiff in error; and all reply briefs, commencement of each term of court, the except as otherwise ordered by the court, clerk shall send to the attorneys interested a must be filed by the date the case is submitprinted copy of the trial docket for the term ted or called for argument. Proof of service following, showing the day on which each must be filed with the clerk within ten (10) cause will be heard. All attorneys interested days after service. shall be notified by the clerk of all orders of In case of failure to comply with the re the court concerning each case.

quirements of this rule, the court may continIV. Attorneys desiring to make oral argu ue or dismiss the cause, or reverse or affirm ments, shall file notice thereof with the clerk the judgment, in its discretion. of such intention, within ninety (90) days aft VIII. In all proceedings in this court, in er the commencement of the proceeding in er- citing cases from the courts of this state, ror. If no notice is served, causes will stand counsel are required to cite the volume and submitted on briefs. No motion shall be ar- page of the official state reports in which the gued unless by direction of the court. The case is reported. A failure to comply with court will allot such time as may be deemed this rule will render briefs subject to be sufficient for argument of a cause, not to ex. stricken from the files. ceed one hour to counsel upon each side. IX. Application for a re-hearing in any Only two counsel will be heard on each side, cause, unless otherwise ordered by the court, and counsel amicus curiæ will be heard by shall be made by a petition to the court signleave of court only.

ed by counsel and filed with the clerk, within V. All motions to the court shall be reduc- fifteen (15) days from the date on which the ed to writing, and shall contain a brief state opinion in the cause is filed. Such petition ment of the facts and objects of the motion, shall state briefly the grounds upon which supported by citation of the authorities relied counsel rely for a re-hearing and show either apon; and, except in cases where all the that some question decisive of the case and facts relied upon are of record, such motions duly submitted by counsel has been overlooked shall be supported by affidavit. No motion by the court, or that the decision is in conflict nor petition for re-hearing will be considered with an express statute or controlling deciunless reasonable notice has been given to sion to which the attention of the court was counsel upon the opposite side of the case, not called either in brief or oral argument, or except where in the opinion of the court an which has been overlooked by the court, and emergency exists. Copies of all motions and the question, statute or decision overlooked petitions for re-hearing must be served upon must be distinctly and particularly set forth opposing counsel who will be allowed ten in the petition. No oral argument will be aldays from the service thereof to file response | lowed on an application for re-hearing except 165 P.

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