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INDEX-DIGEST

Mines and Minerals
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see samo topio and KEY-NUMBER
Om 417(7). (Colo.) Findings on evidence in

V. ASSIGNMENT OF LIEN OR CLAIM.
compensation case conclusive.-Weaver v. In-Em 204 (Cal.App.) Assignor of lien claim held
dustrial Commission of Colorado, 642.

to have sufficient interest to entitle him to file
Finding of cause of death held conclusive. lien.-Heberling v. Day, 908.
-Id.
m417(7) (Okl.) Findings of fact in compen-

VII. ENFORCEMENT.
sation case final.-New State Ice Co. v. State
Industrial Commission, 318.

C281 (2) (Cal.App.) Evidence sustained find-
m417(7) (Okl.) Findings without evidence | ing of completion of building by use and oc-
reviewable under Compensation Law.-Bran- cupation of owner.-Heberling v. Day, 90S.
ham v. Carter Oil Co., 400.

En 281 (4) (Cal.App.) Evidence sustained find-
Om417(7) (Okl.) Findings without evidence ing of amount of claim for lumber.-Heberling
reviewable under Compensation Law.-Produc- v. Day, 908.
ers' Lumber Co. v, Butler, 738.

On 290(5) (Cal.App.) Findings of two differ-
Relation of independent contractor may be ent completion periods from which lien claim-
question of law or fact.-Id.

ants could file liens not inconsistent.--Heber-
Finding of relationship without evidence re- ling v. Day, 908.
viewable under Compensation Law.-Id.
417(7) (Okl.) Findings of fact in compen-

MILITARY LAW.
sation case final.-Hartford Accident & Indem-
nity Co. v. State Industrial Commission, 775. See Army and Navy.

417 (7) (Okl.) Finding of compensable
injury on evidence final.-Southern Surety Co.

MINES AND MINERALS.
v. Childers, 927.
Cm417(7) (Utah) Industrial Commission's

I. PUBLIC MINERAL LANDS.
findings on evidence final under Compensation (1) Location and Acquisition of Claims.
Act.-Staker v. Industrial Commission, 880.

417(9) (Colo.) Remanding, compensation ww23(5) (Ariz.) Notice of intent to hold
case to Industrial Commission held proper.-In- claim must be filed each year during 1917 and
dustrial Commission v. Fanganiello, 803. 1918 under statutory suspension of annual

work.-Hatch v. Leighton, 300.
MAYHEM.

27(1) (Ariz.) Lessee's employee could file

location notice adverse to lessor.-Hatch V.
-4 (Okl.Cr.App.) Particular, description of Leighton, 300.
instrument used need not be alleged.--Payne v. Lessee's employee could file location notice
State, 334.

adverse to lessor, though he formerly filed no-
m5 (Okl.Cr.App.) Evidence concerning. un- tice for lessor suspending annual work.-Id.
identified club held improper, but not prejudi-w31(1) (Ariz.) Right of owner of mining
cial; evidence as to statements made by in- claim to go outside surface boundaries stated.
jured person held improper, but not prejudi

--Tom Reed Gold Mines Co. v. United East-
cial.-Payne v. State, 334.

ern Mining Co., 283.
w 6 (Oki.Cr.App.) Instruction relating to Vein must be pursued on its course down-
premeditated design to maim held sufficient.- ward.-Id.
Payne y. State, 334.

m31 (3) (Ariz.) Vein to which extralateral

right attaches must be identical with vein ly-
MECHANICS' LIENS.

ing within boundaries of claim.-Tom Reed

Gold Mines Co. v. United Eastern Mining Co.,
I. NATURE, GROUNDS, AND SUBJECT-

283.
MATTER IN GENERAL,

Om38(2), (Mont.) Excluded cotenant's rights
w5 (Cal.App.) Procedure adopted for into a mining claim, the subject of patent pro-
voking liens liberally construed.-Heberling v. ceedings, may be tried in land office regardless
Day, 908.

of who is in possession.-O'Hanlon v. Ruby

Gulch Mining Co., 1062.
II. RIGHT TO LIEN.

w38(5) (Mont.) Rule against laches applied
(C) Agreement or Consent of Owner. most rigidly to cases involving mining claims.-

O'Hanlon v. Ruby Gulch Mining Co., 1062.
73(3) (Colo.) May arise out of oral con- Bar of laches in asserting mining claim not
tract.-Home Public Market Co. v. Fallis, 641. governed by element of time, but circumstances

74 (Colo.) May arise out of oral contract properly considered.-Id.
not filed.-Home Public Market Co. v. Fallis, m38(9) (Mont.) Allegations held sufficient to
641.

characterize an action as an adverse suit for
78 (Cal.). Owner held liable for repairs by mining claims. -O'Hanlon v. Ruby Gulch Mining
lessee.-Leoni v. Quinn, 551.

Co., 1062

m38(18) (Ariz.) Evidence held to support
III. PROCEEDINGS TO PERFECT.

judgment awarding bisected apex of side line
Om 154(2) (Cal.App.). Affidavit attached to vein.--Tom Reed Gold Mines Co. v. United
notice of claim for lien held sufficient.-Heb- Eastern Mining Co., 283.
erling v. Day, 908.

em 38(28) (Ariz.) 'Plaintiff, in suit to quiet
Om 157(1) (Cal.App.) Absence of corporate title to vein of mineral, held entitled to costs,
seal on notice of claim did not render claim where judgment was partly in his favor.-Tom
invalid.--Heberling y. Day, 908.

Reed Gold Mines Co. v. United Eastern Mining
Lien notice failing to state that amount was Co., 283.
due "after deducting all just credits and off-
sets" not defective.--Id.

(C) Patents.
Om 158 (Cal.App.) Amended lien

may be ww44 (Ariz.) One claiming rights anterior to
filed within the 30 days within which original entry of mining claim for patent not conclud-
may be filed.—Heberling v. Day, 908.

ed by patent, but entitled to show his prior dis-
Claimant, having filed original and amendedcovery. - Tom Reed Gold Mines Co. v. United
claims, not put on election as between them. Eastern Mining Co., 283.
-Id.
IV. OPERATION AND EFFECT.

II. TITLE, CONVEYANCES, AND CON-

TRACTS.
(B) Property, Estates, and Rights

AL-
fected.

(C) Leases, Licenses, and Contracts.
189 (Colo.) Lienor has lien on additional C732 (Okl.) Lease held subject to termina-
interest secured by owner before enforcement. tion at will by failure to pay rentals.-Ireland
-Home Public Market Co. v. Fallis, 641. v. Chatman, 408.

III. OPERATION OF MINES, QUARRIES, MUNICIPAL CORPORATIONS.
AND WELLS.

See Counties; School and School Districts;
(B) Mining Partnerships and Companies. Street Railroads.
em97 (Mont.) Agreement to stake prospectors 1. CREATION, ALTERATION, EXISTENCE,
for interest in claims located creates cotenancy,

AND DISSOLUTION.
pot partnership.-O'Hanlon v. Ruby Gulch Min-
ing Co., 1062.

(C) Amendment, Repeal, or Forfeiture of

Charter, and Dissolution.
105(2) (Kan.) Presumption is that manag-
er of oil company was authorized to dispose of my 46 (Cal.App.) Constitutional provision re-
salvaged casing and burden on it to show lack quiring advertising of amendments to charter
of authority to third person's knowledge. - in same “manner" as new charter does not in-
Sheldon Petroleum Co. v. Empire Gas & Fuel clude element of time.-Moore v. City Council
Co., 826.

of City of Los Angeles, 64.
Evidence held to show ratification of sale by Constitution held to require submission of
field manager of oil and gas company.-Id. amendments to charter during six months pre-

ceding next session of Legislature, or before

adjournment.-Id.
MINORS.
See Infants.

II. GOVERNMENTAL POWERS AND FUNC-

TIONS IN GENERAL.
MONEY RECEIVED.

ww58 (Or.) City charter is a grant, not lim.

itation of power.-State v. Funk, 113.
em 12 (Cal.App.) Action not barred by laches. Emw 63(2) (Cal.App.) Question of reasonable-
-Althouse v. Provident Mut. Building-Loan ness of only that part of ordinance regulating
Ass'n, 1018.

nuisances applicable to case considered.-Ex

parte Mathews, 220.
MORTGAGES.

Om63(2) (Okl.Cr.App.) Appellate court can.

not declare ordinance regulating automobiles on
See Chattel Mortgages.

streets unreasonable unless it clearly appears

so.-McGuire v. Wilkerson, 445.
I. REQUISITES AND VALIDITY.

IV. PROCEEDINGS OF COUNCIL OR
(D) Validity.

OTHER GOVERNING BODY.

(B) Ordinances and By-Laws in General.
Ons 8! (Okl.) Decree that mortgage is void as
compelling mortgagor to pay registration tax 120 (Okl.Cr.App.) Construction of ordi-
held error.-Knebel v. Rennie, 414.

nance for court.-McGuire v. Wilkerson, 445.

a 122(2) (Okl.Cr. App.) Municipal ordinance
III. CONSTRUCTION AND OPERATION.

presumed valid.-McGuire v. Wilkerson, 445.
(C) Property Mortgaged, and Estates of

V. OFFICERS, AGENTS, AND EMPLOYÉS.
Parties Therein.

(A) Municipal Officers in General.
139 (Wash.) Mortgage not obligation inde-
pendent of debt secured.-Pratt v. Pratt, 535.

Om 142 (Cal.) Charter forbidding person hold-
ing two offices at same time does not affect eli-

gibility of chief of fire department to appoint-
(D) Lien and Priority.

ment as battalion chief.- Whitehead v. Davie,
w 151(2) (Cal.App.) Future advances with 1008.
knowledge of other mortgage held subsequent 168 (Cal.App.) Acts of mayor must be au-
thereto. -Althouse v. Provident Mut. Building-thorized or necessarily implied.-In re Duns-
Loan Ass'n, 1018.

comb, 74.
Further advances under mortgage securing

Mayor not authorized to jnvestigate bill ap-
future advances held not prior as involuntary. proved by council.--Id.
-Id.

Mayor not authorized to issue subpæna to in-
Om 183 (Cal.App.) Second mortgagee notes-vestigate claim against city.-Id.
topped to assert his lien in preference to the
lien of a first mortgagee for subsequent ad. (B) Municipal Departments and officers

Thereof.
vances.-Althouse v. Provident Mut. Building-
Loan Ass'n, 1018.

Cm 196 (Cal.) Chief of fire department may be

appointed without reference to civil service
VI. TRANSFER OF PROPERTY MORT-

rules and classifications.-Whitehead v. Davie,

1008.
GAGED OR OF EQUITY OF
REDEMPTION.

m200 (Cal.) Charter providing retirement

and pension for members of fire department ret-
w 280(4) (Wash.) Purchaser, assuming mort- roactive as to period of service.-Whitehead
gage indebtedness, becomes primarily liable to v. Davie, 1008.
mortgagee.--Insley v. Webb, 1093.

Period member of fire department acted as
CM28372) (Wash.) Release of deficiency judg- chief considered as part of aggregate service, as
ment against vendee assuming mortgage also re- affecting retirement and pension.-Id.
leased mortgagor.-Insley v. Webb, 1093.

Fireman pension computed on basis of salary

one year before retirement.-Id.
XI. REDEMPTION.

(C) Agents and Employés.
w 624(3) (Colo.) Rank of incumbrancer's Cm 218(3) (Wash.) Facts held not to warrant
lien cannot be improved by redeeming from a court's interference with action of civil service
prior lien.-Stryker v. Dunn, 644.

commission in dismissal of employee.-Ryan v.
Redemption from sale under mortgage or City of Everett, 532.
deed of trust cannot prejudice subsequent lien- w218(8) (Wash.) Where municipality and its
ors.--Id.

civil service commission are joined as codefend-
Statute authorizing deed to redemptioner does ants, separate costs to both improper.-Ryan v.
not determine effect of deed as to order of lien. City of Everett, 532.
-Id.

m218(9) (Wash.) Court's review of munici-
Junior incumbrancer cannot cut off or post- pal civil service commission's hearings on dis-
pone his senior's lien by redeeming first from missal of employee limited.-Ryan v. City of
mortgage sale.-Id.

Everett, 532

Power.

For
cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
VI. PROPERTY.

XII. TORTS.
Om. 225(5) (Idaho) Deed by city may be at-|(A) Exercise of Governmental and Corpo-
tacked as void by succeeding mayor, without

rate Powers in General.
returning or offering to return consideration.-729 (Cal.A pp.). Exercising

governmental
Miller v. Lewiston-Clarkston Canning Co., 194. function in collecting garbage, and not liable

for negligence, though selling the garbage.-
VII. CONTRACTS IN GENERAL. Manning v. City of Pasadena, 253.
CM244(1) (Or.) Offer of city to reimburse (C). Defects or Obstructions in Streets and
contractor for losses held not binding.--State

Other Public Ways.
v. Funk, 113.
en 244 (2) (Or.) City not bound by contracts condition of sidewalk where plaintiff fell.-Reilly

Om819(2) (Mont.) Evidence held to show icy
in absence of compliance with charter.-State v. City of Butte, 1057.
v. Funk, 113.

Can819(6) (Mont.) Evidence held to show icy

condition of sidewalk where plaintiff fell, and
IX. PUBLIC IMPROVEMENTS.

constructive notice thereof to city.-Reilly V.
(E) Assessments for Benefits, and Special | City of Butte, 1057.
Taxes.

XIII. FISCAL MANAGEMENT, PUBLIC
Om518(2) (Okl.) Ordinance making new as- DEBT, SECURITIES, AND TAXATION.
sessments for paving, and improving, streets
cannot provide for interest on cost of improve-|(A) Power to Incar Indebtedness and Ex-

penditures.
ment from date preceding final passage.-City
of Norman v. Van Camp, 925.

878 (Or.) City of Portland has no author-
Cw522 (Okl.) Provisions of paving laws con- ity to pay out money except upon legal obliga-
stitute part of every paving contract whether tions.-State y. Funk, 113.
incorporated therein or not.-City of Norman
V. Van Camp, 925.

(B) Administration in General, Appropri-

ations, Warrants and Payment,
X. POLICE POWER AND REGULATIONS. 897 (Or.) Duty of auditor to satisfy him-
(A) Delegation, Extent, and Exercise of warrant.--State v. Funk, 113.

self that money is_legally due before drawing
Om594 (2) (Utah) Ordinance for which no (C) Bonds and Other Securities, and sink-
penalty provided without force.—Moorehouse

ing Funds.
v. Hammond, 883.

Om918 (2) (Ariz.) Bonds held not invalidated,
cm 604 (Cal.App.) City has power to regulate though call for election did not show amount
keeping of goats.-Ex parte Mathews, 220. to be expended for building sites authorized.
Om605 (Cal.App.) City has police power to Cowan v. City of Tucson, 296.
protect inhabitants from anticipated injurious
conditions.-Ex parte Mathews, 220.

(D) Taxes and Other Revenne, and Appli-
607 (Okl.Cr, App.) May create monopoly

cation Thereof.
under police power to regulate disposal of 958 (Utah) Statute held applicable to tax-
garbage.-Bishop v. City of Tulsa, 228.

ation in first-class city.--Salt Lake City v. Salt
By-products of kitchen or restaurant held Lake County, 207.
not "garbage"; term "garbage" not equivalent
to "by-product"; "hog food" held not garbage. XIV. CLAIMS AGAINST CORPORATION.
--Id.
Em6?! (Colo.) City cannot revoke building Com 1015, (Or.) City council may repeal ordi-
permit already acted on.-Pratt v. City and

Lance allowing claim.-State v. Funk, 113.
County of Denver, 508.

MURDER.
XI. USE AND REGULATION OF PUBLIC See Homicide.

PLACES, PROPERTY, AND WORKS.
(A) Streets and Other Public Ways.

MUTUAL BENEFIT INSURANCE.
703(1) (Okl.Cr.App.) Use of streets as See Insurance, m763–819.
place of business not natural right.-McGuire
v. Wilkerson, 445.

NAVIGABLE WATERS.
Em703(3) (Okl.Cr.App.) Ordinance regulating
parking of automobiles on streets held valid. -

I. RIGHTS OF PUBLIC.
McGuire v. Wilkerson, 445.

un 22 (1) (Wash.) Federal permit for dam
m705(2) (Wash.) That truck driver was at not needed, when stream nonnavigable above
intersection first did not give him right to pro- site of dam.-State v. Superior Court of Skagit
ceed without reasonable care.-Foley v. Taylor, County, 17.
698.
Right of automobile driver who has right of

II. LANDS UNDER WATER.
way is not exclusive.-Id.
Cm705 (10) (Cal.App.) Party, in whose name 36(I) (Idaho) State holds title to beds of
automobile registered, not deprived of right navigable streams below ordinary high-water
to maintain action for injury, though pur-

mark.-Miller v. Lewiston-Clarkston Canning
chased with funds of another.-Whitworth v. Co., 194.
Jones, 60.

m37(4) (Idaho) Adjacent land under navi-
706(4) (Kan.) Evidence of settlements gable water does not pass by patent alone.
with other parties to accident inadmissible in Miller v. Lewiston-Clarkston Canning Co., 194.
action for personal injuries.-Hanks v. Yellow
Cab & Baggage Co., 977.

NEGLIGENCE.
0706(6) (Kan.) Evidence in action for inju-
ries to a jitney passenger by taxicab held sufli. See Master and Servant, Om 202-332; Munici-
cient as against demurrer and motion to direct

pal Corporations, C729-819; Railroads,
verdict.-Hanks v, Yellow Cab & Baggage Co.,

307-447; Street Railroads, em 85–99.
977.

III. CONTRIBUTORY NEGLIGENCE.
Cm706(7) (Cal.App.) Evidence held to war-
rant court in refusing to direct verdict on

(A) Persons Injured in General.
ground of contributory negligence of person in-Om67 (Wash.) Person required to use his fac-
jured by automobile. -Payne v. Wright, 218. ulties.-Johnson v. Washington Route, 1100.

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IV. ACTIONS.

NONSUIT.
(B) Evidence.

See Dismissal and Nonsuit.
134(2) (Cal.App.) Direct evidence not re-
quired. -Charles Nelson Co. v. Pacific Wharf

NOTES.
& Storage Co., 51.

See Bills and Notes.
(C) Trial, Judgment, and Review.

NOVATION.
em 136(8) (Ariz.) Question for court on un- en 12 (Cal.App.) One relying on novation
disputed evidence.- Arizona Power Co. must establish substitution.-Anglo-California
Hayes, 280.

Trust Co. v. Wallace, 78.
ww141 (3) (Cal.App.) Instruction that con-
tributory negligence may be ignored because of OBLIGATION OF CONTRACTS.
any negligence of defendant erroneous.-Mc-
Pherson v. Walling, 209.

See Constitutional Law, 121–169.

OFFICERS.
NEGOTIABLE INSTRUMENTS.

See Judges; Justices of the Peace; Public
See Bills and Notes.

Service Commissions; Sheriffs and Con-

stables.
NEWSPAPERS.

III. RIGHTS, POWERS, DUTIES, AND
01(4). (Ariz.) Paper held official for publish-

LIABILITIES.
ing notice of increased assessments.-Pinale 100() (Cal.) Appointment of advisory
County v. Heiner, 714.

board held to increase compensation of assess-
en 2 (Ariz.) Newspaper contract for publish- or in violation of Constitution.-Forward v. San
ing legal notices held binding, though not for- Diego County, 993.
mally executed in writing. Pinal County v. 103 (Idaho) Void acts of public officials
Heiner, 714.

pot immune from collateral attack.–Miller y.
NEW TRIAL.

Lewiston-Clarkston Canning Co., 194.
See Criminal Law, Om921-961.

PARENT AND CHILD.

See Guardian and Ward; Infants.
II. GROUNDS.

8 (Or.) Father, suing as trustee of son's
(F) Verdict or Findings Con ary to Law property, could recover son's money, ad-
or Evidence,

vanced to defendant without proof of an ex-
Ow70 (Or.) Constitution prohibits re-exami- press trust or contract, made in father's name
nation of fact by court where substantial evi- for benefit of son.-Parks v. Keeney, 497.
dence supports jury's verdict.—Mitchell

v. Om 17 (2) (Okl.Cr.App.) Omission of parent to
Southern Pac. Co., 718.

provide for child held to mean such failure to
ww71 (Mont.) Where evidence materially con- provide as affects health and life; "failure to
flicts, denial of new trial is discretionary.

furnish food, clothing, shelter, and medical at-
Stankey v. Citizens' Nat. Bank of Laurel, 1054. tendance."- Washington v. State, 967.
Om72 (Wash.) Court required to grant new On 17(5) (Colo.) Information charging failure
trial if he believes verdict not in accordance to support children held to sufficiently allege
with weight of evidence.-City of Tacoma v. that defendant was the father of the children.
Olympia Door Co., 836.

-People v. Driscoll, 869.
Om76(4) (Cal.App.) No abuse of discretion
shown in grant for excessive damages.-Griffey

PARTIES.
v. Pacific Electric Ry. Co., 45.

Properly granted in death action, where loss For parties on appeal and review of rulings as
of any heir is assessed too high.-Id.

to parties, see Appeal and Error.

For parties to particular proceedings or in-
(H) Newly Discovered Evidence.

struments, also the various specific

topics.
ww99 (Okl.) Rule as to newly discovered evi-
dence stated.—Wysong V. Amarillo Nat. Life III. NEW PARTIES AND CHANGE OF
Ins. Co. of Texas, 332.

PARTIES.
Newly discovered evidence held not ground, ww 40(I) (Utah) In injunction action reduced
in view of failure to move for continuance and to one for damages, all persons damaged prop-
immaterial character of evidence.-Id.

er parties.-Utah Oil Refining Co. v. District
Eww108(4) (Wash.) Newly discovered evidence Court of Salt Lake County, 624.
as to injury, not constituting important ele- 44 (Mont.) Leave to intervene granted ex
ment of damage, not ground.—Dishman v. parte.-State Bank of New Salem v. Schultze,
Whitney, 12.

599.

Om47 (Mont.) Intervener must accept pending
III. PROCEEDINGS TO PROCURE NEW

action as found, but thereafter has same rights
TRIAL

as other parties.-State Bank of New Salem v.
Om | 16(2) (Idaho) Time for notice of motion Schultze, 599.
for new trial in unlawful detainer runs from Om48 (Mont.) Original parties must answer
verdict, and must be given within 10 days.—'intervention of trustee in bankruptcy, notwith-
Hess v. Swanson, 721.

standing their original answer partially tra-
em 138 (Ariz.) Service of motion all the notice versed intervention.--State Bank of New Salem
that is required.--Arizona Power Co. v. Hayes, v. Schultze, 599.
280.

Intervention adverse to both plaintiff and de-
163(2) (Cal.App.) Judgment falls on grant- fendant requires all parties to plead.-Id.
ing of new trial.-Griffey v. Pacific Electric Ry. Ordinary rules of pleading apply under stat.
Co., 45.

ute to complaint in intervention.-Id.
C 163(2) (Cal.App.) General order granting Allegations in complaint in intervention not
new trial opens case as to all parties. Bishop denied, deemed admitted.-Id.
v. Superior Court in and for Los Angeles Coun- Service upon other parties required on in-
ty, 1012.

tervention.-Id.
As exoneration of agent exonerates principal Cw59(2) (Cal.) No abuse of discretion to al-
where fraud committed without knowledge or low subsequent assignee of note sued on to be
consent of principal, grant of motion as to one substituted as plaintiff.-Whittier v. Visscher,
opens case as to other.-Id.

23.

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see

Tor cases in Dec.Dig. & Am.Dig, Key-No.Serles & Indexes see samo topic and KEY-NUMBER
V. DEFECTS, OBJECTIONS, AND mil(1)(Cal.) Under Dental Act, board may
AMENDMENT.

revoke license for unprofessional conduct.-
w76(1) (Or.) Defendant must aver

real Jacobs v. Board of Dental Examiners of Cal-
party in interest to raise issue as to whether ifornia, 1006.
plaintiff is real party in interest.-Bank of Jor-CI!(3) (Cal.) Dental board may act on ac-
dan Valley v. Duncan, 149.

cusation filed by its agent.-Jacobs v. Board
Ow80(I) (Okl.) Objection_to parties plaintiff of Dental Examiners of California, 1006.
unavailing after verdict.-Eves Tall Chief v.

em 18(8) (Okl.) Not error to direct verdict for
Aaron, 915.

plaintiff, where evidence insufficient to support

verdict for defendant. -Eves Tall Chief v.
PARTITION.

Aaron, 915,
II. ACTIONS FOR PARTITION.

24 (4) (Okl.) Instruction on sole question

of fact submitted held not error.-Eves Tall
(A) Right of Action and Defenses.

Chief v. Aaron, 915.
un 10 (Cal.) Action equitable in nature under
Code.-Akley v. Bassett, 576.

PLEADING.
cm 19 (Cal.) Stockholders of defunct corpora-
tion held to have right of possession necessary For pleadings in particular actions or proceed-
to maintain suit.-Capuccio v. Caire, 367. ings, see also the various specific topics.
27 (Cal.) Suit by stockholders for account. For review of rulings relating to pleadings,
ing held not bar to subsequent action by a

see Appeal and Error.
stockholder in partition of realty.-Capuccio
v. Caire, 367.

I. FORM AND ALLEGATIONS IN GENERAL.

8(5) (Idaho) Denial of debt, without denial
(B) Proceedings and Relief,

of facts pleaded, insufficient as a conclusion.-
cm 44 (Cal.) Limitations availáble to estab- Montana Electric Co. v. Thompson, 722.
lish interest in property.-Akley v. Bassett, Smo 8(5), (Okl.) Merely denying indebtedness,
576.

without denying facts alleged held a conclusion.
PARTNERSHIP.

-Underwood v. Purcell Wholesale Grocery Co.,

736.
1. THE FIRM, ITS NAME, POWERS, AND 36(1) (Okl.) Party strictly bound by his
PROPERTY.

pleadings in record.-Bank of Buchannan Coun-
Om64 (Wash.) The words "manufacturing com- ty v. Priestly, 412.
pany" added to surname not "assumed name" w 36(3).(Ör.) Notwithstanding admission of
within statute requiring filing of certificate of value at time of shipment of onions, defendant
membership.-McCreery v. Graham, 692.

could prove unfit condition at time of receiving

for shipment.–Mitchell v. Southern Pac. Co.,
VII. DISSOLUTION, SETTLEMENT, AND

718.
ACCOUNTING.

III. PLEA OR ANSWER, CROSS-COM-
(D) Actions for Dissolution and Account-

PLAINT, AND AFFIDAVIT
ing.

OF DEFENSE.
327(3) (Or.) Cross-bill held properly (C) Traverses or Denials and Admissions.
stricken out as disclosing no element of part-127(1) (Or.) Answer denying averment of
nership.-Garber v. Bradbury, 477.

value of produce held to admit value to be any

sum less than averred.-Mitchell y. Southern
PARTY WALLS.

Pac. Co., 718.
m? (Wash.) Party wall agreement, granting Owl 29(2), (Cal.App.) Defendant's failure to
defendants rights already possessed, lacked plead sheriff's fraud in execution return of ex-
consideration.-Barnes v. Spurch, 513.

ecution is admission of regular return.-Hutch-
Agreement to share cost of repairs not con- inson v. U. S. Fidelity & Guaranty Co., 249.
sideration for agreement to share building cost.
-Id.

(D) Matter in Avoidance,
PAYMENT.

132 (Nev.) Answer sufficient, if setting up

affirmative matter which in law defeats the
II. APPLICATION.

cause of action.-State y. Streshley, 712.
Cum 47(1) (Cal.App.) Pledgor not entitled to
have payments on contracts held as collateral (E) Set-on, Counterclaim, and Cross-Com-

plaint.
applied otherwise than on the contracts on
which made.-Pacific Acceptance Corporation v. C. 142 (Okl.) Affirmative relief of defendant
Bank of Italy, Fresno Branch, 1024.

must be in accord with pleading based on defi-

nite theory.-J. Crouch & Son y. Huber, 764.
PERJURY,

IV. REPLICATION OR REPLY AND SUBSE-

QUENT PLEADINGS.
I. OFFENSES AND RESPONSIBILITY
THEREFOR.

Om 177 (Wash.) Reply held not to admit dis-
cm 9(2) (Or.) Officer authorized to adminis- charge of original debt by payment by note.
ter oath by department of federal government R. R. Donnelly & Sons Co. v. Dunphy, 1101.
held an "officer authorized to administer an

V. DEMURRER OR EXCEPTION.
oath” within provision of federal Penal Code
defining perjury.-State v. Woerndle, 604.

em212 (Or.) General demurrer never waived.
Notary public of state held an "officer author--Nally v. Richmond, 871.
ized to administer oath" within federal statute VI. AMENDED AND SUPPLEMENTAL
defining perjury.-Id.

PLEADINGS AND REPLEADER.
PHYSICIANS AND SURGEONS.

236(6) (Wash.) Amendment of petition al-

leging merger of corporations to allege assump-
2 (Utah) Ordinance requiring greater du- tion of liabilities not error or abuse of discre-
ties than statute relating to revocation of tion.-Sterios y. Southern Surety Co., 1107.
physician's license held invalid.-Moorehouse v.
Hammond, 883.

XI. MOTIONS.
Em 6(2) (Cal.) Acts performed by unlicensed w343 (Kan.) Where question of fact raised
dentist not within permission of Dental Act; motion for judgment on pleadings properly de-
"operate;" "operation;" "practicing dentist- nied.-Ludwig v. Macy, 657.
ry."--Jacobs v. Board of Dental Examiners of 349 (Wash.) Bailee, making unauthorized
California, 1006.

delivery of goods to third party, held not en-

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