DETERMINED IN

THE SUPREME COURT

OF THE

STATE OF CALIFORNIA.

C. P. POMEROY,

REPORTER.

VOLUME 116

WITH

NOTES ON CALIFORNIA REPORTS.

SAN FRANCISCO:

BANCROFT-WHITNEY COMPANY,

LAW PUBLISHERS AND LAW BOOKSELLERS.

1906.

Entered according to Act of Congress in the year 1897, by the

BANCROFT-WHITNEY COMPANY,

In the Office of the Librarian of Congress, at Washington.

COPYRIGHT, 1899,

BY BANCROFT-WHITNEY CO.

COPYRIGHT, 1905,

BY BANCROFT-WHITNEY CO.

COPYRIGHT, 1906,

BY BANCROFT-WHITNEY CO.

[116 Cal-2

SUPREME COURT.

W. H. BEATTY, Chief Justice.

DEPARTMENT ONE.

RALPH C. HARRISON, Presiding Justice.
C. H. GAROUTTE, Justice.

W. C. VAN FLEET, Justice.

DEPARTMENT TWO.

T. B. MCFARLAND, Presiding Justice.
JACKSON TEMPLE, Justice.

F. W. HENSHAW, Justice.