IV. REMEDIES OF CREDITORS. 402 (Cal.) Failure of cross-complaint for divorce to allege facts concerning plaintiff's res-163 (Cal.App.) Judgment of $10,000 not idence not cured by other pleadings.-Bullard v. Bullard, 361. excessive as to surety bond for $13,000.-Heb 403 (2) (Cal.App.) Omission in complaint erling v. Day, 908. to enforce lien cured by answer.-Heberling v. Day, 908. 1 PRIZE FIGHTING. 408 (Or.) Objection that complaint did not 5 (Colo.) In prosecution for aiding a "prize state cause of action never waived.-Duby v. fight," failure of court to distinguish between Hicks, 156. prize fighting and sparring exhibitions in instructions held error.-People v. Corbett, 808. 409(4) (Colo.) When plea not objected to until trial, rulings on evidence and instructions sustained if the plea is good, though subject to special demurrer.-Pedotto v. Yantorno, 279. PROHIBITION. I. NATURE AND GROUNDS. 411 (Okl.) Objections to counterclaim waived after judgment entered thereon.-Brisley v.3(1) (Cal.) To prevent trial of election Mahaffey, 920. 417 (Okl.) Taking leave to amend, waiver of error in sustaining demurrer.-Bank of Buchannan County v. Priestly, 412. 418(2) (Colo.) Answering after overruling of demurrer waiver of defect.-Peterson v. Spears, 509. by amending pleadings.-Castagnetto v. Supecontest denied where objections can be cured rior Court in and for Mariposa County, 548. judicata was available on return to order to 3(1) (Cal.) Refused because claimed res show cause.-Grinbaum v. Superior Court of City and County of San Francisco, 1005. 433(3) (Or.) Defective allegations of com-6(2) (Cal.App.) Will not lie to prevent plaint cured by verdict.-Duby v. Hicks, 156. closing of street.-Garin v. Pelton, 378. 433 (5) (Or.) Defective allegations of com- (Cal.) Court's error in exercise of its plaint cured by verdict, but failure to state jurisdiction cannot be controlled by writ of procause of action not cured.-Duby v. Hicks, 156. hibition.-Castagnetto v. Superior Court in and 435 (Cal.) Failure of cross-complaint for for Mariposa County, 548. divorce to allege facts concerning plaintiff's residence not cured by findings.-Bullard v. Bullard, 361. PLEDGES. 25 (Cal.App.) Lien of pledge not lost by renewal of debt.-Anglo-California Trust Co. v. Wallace, 78. II. JURISDICTION, PROCEEDINGS, AND RELIEF. 17 (Cal.) Objections to trial court proceeding to be presented to it before seeking prohibition.-Grinbaum v. Superior Court of City and County of San Francisco, 1005. 26 (Nev.) If return to order to show cause sets up admitted or undisputed facts, it is sufficient, though not formal pleading.-State v. Streshley, 712. Formal answer to application not required by Code.-Id. PROMISSORY NOTES. 30 (2) (Cal.App.) One holding note to secure debt may seek to recover on the note, See Bills and Notes. though debt is not due.-Anglo-California Trust Co. v. Wallace, 78. POISONS. 9 (Okl.Cr.App.) Evidence held insufficient to support charge of receiving narcotics.-Sullivan v. State, 193. POLICE POWER. PROSTITUTION. (Cal.App.) In prosecution of husband for leaving wife in house of prostitution, his status as husband continues until final decree of divorce.-People v. Smith, 248. (Wash.) Statute denouncing the accepting of the earnings of a prostitute held not unconstitutional.-State v. Miles, 518. See Constitutional Law, 81; Municipal (Wash.) Time during which defendant Corporations, 594-621. PRACTICE. For practice in particular actions and ings, see the various specific topics. PRESCRIPTION. lived with common prostitute not material if they intended to continue to live together.State v. Everett, 519. proceed-4 (Wash.) Evidence held to sustain conviction for accepting earnings of common prostitute.-State v. Miles, 518. Evidence that defendant received earnings of prostitute and paid expenses of codefendant See Adverse Possession; Limitation of Ac- therewith held to sustain conviction of codetions. PRINCIPAL AND AGENT. See Attorney and Client; Brokers; Factors. fendant. Id. 5 (Wash.) Whether defendant accepted earnings of common prostitute held for jury.— State v. Everett, 519. 6 (Wash.) Sentence imposed for accepting II. MUTUAL RIGHTS, DUTIES, AND LIA-earnings of common prostitute held not so ex BILITIES. (A) Execution of Agency. cessive as to show an abuse of discretion.State v. Miles, 518. on 6 (Wash.) Sentence of 42 years to 5 years in state penitentiary for living with and 69(2) (Or.) Agent cannot speculate principal's property.-Nibley v. Delahunt. 473. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER accepting earnings of common prostitute held 442 (7) (Utah) Evidence as to manner of not excessive.-State v. Everett, 519. driving horses on other occasions held properly excluded.-Smith v. Utah-Idaho Cent. R. Co., 235. PUBLIC IMPROVEMENTS. See Municipal Corporations, 518–522. PUBLIC LANDS. See Mines and Minerals, 23-44. II. SURVEY AND DISPOSAL OF LANDS OF UNITED STATES. 443(7) (Cal.App.) Evidence held to show negligence as to cows on track.-Hansen v. Northwestern Pac. R. Co., 63. 446(1) (Okl.) Negligent injury to animal held question for court.-McAdoo v. MeCartney, 654. 447(2) (Okl.) Instruction on negligence in killing animal justified by evidence.-Mills v. Stewart, 770. (B) Entries, Sales, and Possessory Rights. 39(3) (Cal.App.) Effect of filing of declara-447 (2) (Okl.) Instruction on negligence in tory statement to locate town site stated. killing animal.-Mills v. Williams, 771. Placer County v. Lake Tahoe Ry, & Transportation Co., 900. 41 (Cal.App.) Burden held upon occupant of public commons to overcome prima facie case made by introduction of map showing dedication.-Placer County v. Lake Tahoe Ry. & Transportation Co., 900. Actual occupancy prior to location of town site not shown.-Id. Evidence held insufficient to show right of railroad company in public commons.-Id. PUBLIC SERVICE COMMISSIONS. 2 (Colo.) Public Utility Act held not unconstitutional.-Pirie v. Public Utilities Commission, 640. to RAPE. II. PROSECUTION AND PUNISHMENT. (B) Evidence. 51(1) (Cal.App.) Evidence held to justify verdict of guilty.-People v. Pearson, 803. 53(3) (Cal.App.) Evidence held to show intent to commit.-People v. Mit Singh, 1013. REAL ACTIONS. See Ejectment; Partition; Quieting Title. RECEIVING STOLEN GOODS. 2 (Colo.) Tampering with shipping tags tive theft.-Shaw v. People, 812. and waybills misplacing delivery held construc 32 (Colo.) Finding of commission as right to certificate of public necessity and convenience in operating franchise binding on ap-3 (Cal.App.) Guilty knowledge that goods pellate court.-Pirie v. Public Utilities Commiswere stolen need not be actual.-People v. Merson, 640. cado, 1035. PUBLIC SERVICE CORPORATIONS. See Carriers; Electricity; Gas; Railroads; Street Railroads. QUIETING TITLE. I. RIGHT OF ACTION AND DEFENSES. 12(7) (Colo.) Plaintiff must be in actual possession.-Crandall v. Crandall, 814, 23 (Okl.) One not in possession may sue for possession and to quiet title by suing to cancel deeds constituting cloud on title.-Tidal Oil Co. v. Flanagan, 729. II. PROCEEDINGS AND RELIEF. 38 (Okl.) Judgment against defendant on disclaimer and allegation of conveyance of interest as trustee prior to action held proper.Brunson v. Lightfoot, 922. 47(1) (Cal.) Where execution of quitclaim deed disputed, instruction on prima facie presumptions arising from certificate of acknowledgment should have been given.-Biaggi v. Ramont, 892. 49 (Wash.) Decree quieting title held not erroneous for failure to charge owner with taxes paid by respondent.-Hendrickson v. Lyons, 1095. RAILROADS. See Street Railroads. X. OPERATION. (F) Accidents at Crossings. 307(6) (Cal.App.) Notice of time of operation of gates must be given.-Wyseur v. Davis, 213. 346(5) (Cal.App.) Reasonable inference nonresident did not know hours for operation of crossing gates.-Wyseur v. Davis, 213. ~~350 (21) (Cal.App.) Contributory negli gence of automobile occupant question of fact.Wyseur v. Davis, 213. 5 (Colo.) Voluntary delivery to accused held not a retaking defeating conviction.-Shaw v. People, 812. 8 (3) (Cal.App.) Evidence held to support conviction. People v. Mercado, 1035. 8(3) (Colo.) Evidence of claims against carrier unnecessary to convict.-Shaw v. People, 812. that 9(1) (Cal.App.) Guilty knowledge goods were stolen need not be actual and is a jury question.-People v. Mercado, 1035. 9(1)(Colo.) Voluntary delivery of stolen goods no defense where made for purpose of apprehending recipient.-Shaw v. People, 812. RECORDS. See Appeal and Error, 494-714; Criminal Law, 1091–1124. 92 [New, vol. 12A Key-No. Series] (Cal.App.) Transfer of automobile to plaintiff prior to action established ownership and right to maintain action.-Taylor v. Bernheim, 55. 912 [New, vol. 12A Key-No. Series] (Cal.App.) Party, in whose name automobile registered, not deprived of right to maintain action for injury, though purchased with funds of another.-Whitworth v. Jones, 60. REFERENCE. See Arbitration and Award. REFORMATION OF INSTRUMENTS. 1. RIGHT OF ACTION AND DEFENSES. 18 (Wash.) Instruments which by mistake fail to have the legal effect intended may be reformed.-Hendrickson v. Lyons, 1095. II. PROCEEDINGS AND RELIEF, 44 (Cal.App.) Oral evidence admissible of frauds.-Key v. Vidovich, 375. to show mistake though contract within statute to (H) Injuries to Animals on or near Tracks. 419(4) (Utah) Instructions on care requir-45 (3) (Cal.App.) Evidence insufficient ed as to animals on track held proper.-Smith show mistake in not providing for sale subject v. Utah-Idaho Cent. R. Co., 235. to incumbrance.-Key v. Vidovich, 375. II. CONSTRUCTION AND OPERATION. 24(1) (Cal.App.) Evidence held sufficient 31 (Cal.App.) General release does not ex- to warrant conviction.-People v. Sharp, 266. tend to claims not known or suspected.-Gaver 24(3) (Cal.App.) Evidence of identity held sufficient v. Early, 390. to support conviction.-People v. Hahn, 268. RELIGIOUS SOCIETIES. SALES. 18 (Ca'.App.) Grant to church trustees held gift to church, vesting legal title in trus- See Taxation, ~696–708; Vendor and Purtees, as depositary of title.-Brittenbaker v. Buck, 264. REMAINDERS. 17(3) (Cal.) Possession of life tenant's grantee held ouster of remaindermen.-Akley v. Bassett, 576. REMOVAL OF CAUSES. VI. PROCEEDINGS TO PROCURE AND EF- chaser. I. REQUISITES AND VALIDITY OF CON- 22(3) (Idaho) Accepted offer to sell definite quantity at stated price makes valid contract.-O. A. Olin Co. v. Lambach, 277. 24 (Idaho) "Option" contract defined.-O. A. Olin Co. v. Lambach, 277. IV. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of Goods. 86(7) (Okl.) Petition filed when case be-179(4) (Or.) If buyer keeps article delivcomes removable in time, although after defendant required to answer.-New England Oil & Pipe Line Co. v. Broyles, 312. ered or uses it inconsistently with seller's ownership, without offering to rescind, seller may recover contract price, less buyer's damages.F. C. Austin Co. v. J. H. Tillman Co., 131. 89(1) (Okl.) State court not bound to surrender jurisdiction until face of the record 182(1) (Wash.) Whether seller of cants shows petitioner entitled to removal.-New England Oil & Pipe Line Co. v. Broyles, 312. 95 (Okl.) Petition and bond for removal filed by resident of another state ipso facto ousts state court of jurisdiction.-New England Oil & Pipe Line Co. v. Broyles, 312. REPLEVIN. 1. RIGHT OF ACTION AND DEFENSES. 4 (Okl.) Lies to recover undivided interest in broom corn.-First Nat. Bank v. Ball, 322. 8(4) (Okl.) Gist of action is right to immediate recovery of specific property.-Williams v. Williams, 769. complied with agreement as to method of measurement held for jury.-International Lumber Export Co. v. M. Furuya Co., 858. V. OPERATION AND EFFECT. (A) Transfer of Title as Between Parties. 199 (Idaho) Title to identified article sold passes when contract made, and nothing remains but delivery and payment.-O. A. Olin Co. v. Lambach, 277. 202(2, 3) (Wash.) Seller who accepted check for cattle sold cannot retake them after seizure under execution, though_buyer stopped payment on check.-Goodwin v. Bear, 1080. (D) Bona Fide Purchasers. 10 (Cal.App.) Lies against persons constructively in "possession" of property at com-234 (9) (Wash.) Seller by course of dealing mencement of action.-Taylor v. Bernheim, 55. held estopped to claim title under conditional One liable, if in control of or able to deliver sales contract.-Gramm-Bernstein Motor Truck property sought.-Id. Co. v. Todd, 3. Attaching creditor, indemnifying sheriff, held liable for wrongful detention of property.-Id. VI. WARRANTIES. II. JURISDICTION, VENUE, AND PARTIES. 267 (Mont.) Contract expressly limiting 22 (Ariz.) One not in possession not a necessary party.-Scottsdale Ginning Co. v. Longan, 876. 22 (Cal.App.) Attaching creditor may be joined with attaching officer as defendant. Taylor v. Bernheim, 55. warranties held not to warrant rebuilt tractor. -Friesen v. Hart-Parr Co., 986. Parties may stipulate property sold is not warranted.-Id. 288 (2) (Or.) Seller's delivery of article described not waived by buyer's failure to reject. article delivered; where repudiation will not afford complete_remedy.-F. C. Austin Co. v. J. H. Tillman Co., 131. IV. PLEADING AND EVIDENCE. 69 (2) (Okl.) Plaintiff must offer evidence tending to establish title to sustain replevin in contract does not constitute waiver of perBuyer's use of article unlike that described where right to possession based thereon.-Wil-formance by seller, where accepted under proliams v. Williams, 769. 72 (Cal.App.) Evidence held to establish ownership of automobile.-Taylor v. Bernheim, 55. test.-Id. VII. REMEDIES OF SELLER. 72 (Kan.) Evidence held to sustain plaintiff's ownership of property.-Brunswick-Balke-377 (Cal.) Complaint held sufficient to give Collender Co. v. Witt, 815. court jurisdiction.-Trans-Pacific Trading Co. Evidence held to sustain verdict as to value. v. Patsy Frock & Romper Co., 357. -Id. 384(2) (Idaho) Measure of damages for refusal to perform sales contract stated.-O. A. Olin Co. v. Lambach, 277. VIII. REMEDIES OF BUYER. (C) Actions for Breach of Contract. 417 (Wash.) Evidence held insufficient to show consignee could have minimized damages by storing lumber instead of allowing railroad demurrage to accrue.-R. P. Arkley Lumber Co. v. Vincent, 690. 418(19) (Wash.) Demurrage charges held recoverable as proximate result of breach of contract where lumber shipment was rejected. -R. P. Arkley Lumber Co. v. Vincent, 690. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER of Warranty. 426 (Or.) Seller must deliver machine de-3 (Or.) Statute requiring affidavit showing er for breach.-Id. Buyer agreeing to return property in case of Requirement that buyer return defective ma- IX. CONDITIONAL SALES. hand.-State v. Miller, 9. SENTENCE. See Criminal Law, 977-1003. See Husband and Wife, 299. 479(2) (Cal.App.) Seller under conditional 34(1) (Cal.) Stockholder's liability arises 479(9) (Wash.) Money judgment for any SAVINGS BANKS. See Banks and Banking, 299-309. II. PUBLIC SCHOOLS. (A) Establishment. School Lands and General. See Drains. SEWERS. SHERIFFS AND CONSTABLES. I. APPOINTMENT, QUALIFICATION, AND TENURE. (A) Sheritis. 6 (Kan.) Evidence held sufficient to oust III. POWERS, DUTIES, AND LIABILITIES. (B) Creation, Alteration, Existence, and 557. SHIPPING. VIII. CARRIAGE OF PASSENGERS. 22 (Kan.) County superintendent may or-166(3) (Wash.) Passenger, who tried to See Statutes, 68-102. SPECIFIC PERFORMANCE. 39 (Kan.) Failure to postpone notices of (C) Government, Officers, and District 53 (5) (Mont.) Acts of district directors (H) Pupils, and Conduct and Discipline of Schools. 160 (Okl.Cr.App.) Parent held not liable to Instructions as to duty of parent educating Sufficiency of facilities for education of child IN GENERAL. 10(2) (Kan.) Decree may be rendered as II. CONTRACTS ENFORCEABLE. IV. PROCEEDINGS AND RELIEF. 121 (8) (Cal.App.) Findings as to truth of STATES. 164 (Kan.) Annual meeting of school dis- States 64 (Okl.) Duty of Auditor to issue warrant 67 (Okl.) State Auditor and State Board 68 (Okl.Cr.App.) Law applying uniformly 76(6) (Utah) Tax statute for cities of first 68 (Okl.) Statutes relating to Board of 73 (Okl.) State Auditor is one of the ex- 93 (8) (Okl.Cr.App.) Law creating munici- 228. 76 (Okl.) Auditor is state's accountant, and IV. FISCAL MANAGEMENT, PUBLIC DEBT, San Diego County, 993. 131 (Okl.) Where an appropriation has not 132 (Idaho) Purpose of appropriation for V. 138 (Okl.) On issuance of warrant by Audi- V. CLAIMS AGAINST STATE. III. SUBJECTS AND TITLES OF ACTS. 105(1) (Or.) Constitutional 107(6) (Utah) Statute providing for levy 123(4) (Or.) Provision for levy of special CATION. 181 (Okl.) Auditor may exercise his own Primary purpose of statute authorizing State STATUTES. 130 (Wash.) Act restricting possession of ler, 9. 130 (Wash.) Constitutional provision pro- 138(2) (Utah) Statute providing for levy 142 (Colo.) Amendments by implication not V. REPEAL, SUSPENSION, EXPIRATION, 167(1) (Okl.) New statute revising whole VI. CONSTRUCTION AND OPERATION. For statutes relating to particular subjects, 181(1) (Or.) Duty of court to give effect I. ENACTMENT, REQUISITES, AND VA- 33 (Okl.) Provision permitting Governor to Item of appropriation bill disapproved by to intent and hold statute valid if possible.- 184 (Or.) Declared purpose controlling un- 190 (Nev.) Where language is plain, there 194 (Ariz.) Specific provisions of statute 197 (Cal.App.) "And" may be substituted 47 (Or.) Statute, indefinite as to publica- 64(7) (Okl.Cr.App.) That statute provides does not ordinarily include time of doing it, |