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objection event was
titled to judgment on the pleadings.-Yokohama | III. RIGHTS AND LIABILITIES AS TO Specie Bank v. Geo. S. Bush & Co., 676.
THIRD PERSONS. XII. ISSUES, PROOF, AND VARIANCE.
Im 172 (Kan.) Ratification cannot be in part 398 (Cal.App.) Variance held not to have only.--Sheldon Petroleum Co. v. Empire Gas & misled defendant to his prejudice.-Feeney v. Fuel Co., 826. Standard Oil Co., 85. XIII. DEFECTS AND OBJECTIONS, WAIV-|
PRINCIPAL AND SURETY.
L IV. REMEDIES OF CREDITORS. divorce to allege facts concerning plaintiff's residence not cured by other pleadings.-Bullard v.
163 (Cal.App.) Judgment of $10,000 not Bullard, 361.
s to surety bond for $13,000.-Heb403 (2) (Cal. App.) Omission in complaint
erling v. Day, 908. to enforce lien cured by answer.-Heberling v. Day, 908.
PRIZE FIGHTING. 408 (Or.) Objection that complaint did not mi5 (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 in409(4) (Colo.) When plea not objected to structions held error.-People v. Corbett, 808. until trial, rulings on evidence and instructions sustained if the plea is good, though subject to
PROHIBITION. special demurrer.-Pedotto v. Yantorno, 279. 411 (Okl.) Objections to counterclaim waiv
I. NATURE AND GROUNDS. ed after judgment entered thereon.-Brisley v.
mw3(1) (Cal.) To prevent trial of election Mahaffey, 920. 417 (Okl.) Taking leave to amend, waiver
contest denied where objections can be cured
by amending pleadings.- Castagnetto v. Supeof error in sustaining demurrer.-Bank of Bu- rior Court in and for Mariposa County. 548. channan County v. Priestly, 412.
3(1) (Cal.) Refused because claimed res Om418(2) (Colo.) Answering after overruling
judicata was available on return to order to of demurrer waiver of defect.-Peterson v.
show cause.-Grinbaum v. Superior Court of Spears, 509.
City and County of San Francisco, 1005. em 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
o ll (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. bibi
:hibition.-Castagnetto v. Superior Court in and Om 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. Bul
II. JURISDICTION, PROCEEDINGS, AND lard, 361.
Om 17 (Cal.) Objections to trial court proceed22 (Cal.App.) Pledgee entitled in absence
ing to be presented to it before seeking prohibiof agreement to hold all collateral until full
tion.-Grinbaum v. Superior Court of City and payment.-Pacific Acceptance Corporation v.
County of San Francisco, 1005. Bank of Italy, Fresno Branch, 1024.
26 (Nev.) If return to order to show cause Fran 23 (Wash.) Pledge does not destroy prior
sets up admitted or undisputed facts, it is suflien.-First Nat. Bank V. White-Dulany Co.,
ficient, though not formal pleading.-State v. 861.
Streshley, 712. On 25 (Cal.App.) Lien of pledge not lost by
Formal answer to application not required by renewal of debt.-Anglo-California Trust Co.
Code.-Id. v. Wallace, 78.
emel (Cal.App.) In prosecution of husband for
leaving wife in house of prostitution, his status 9 (Okl.Cr.App.) Evidence held 'insufficient las
as husband continues until final decree of dito support charge of receiving narcotics.-Sul
vorce.-People v. Smith, 248. liyan v. State, 193.
ml (Wash.) Statute denouncing the acceptPOLICE POWER.
ing of the earnings of a prostitute held not un
constitutional.-State v. Miles, 518. See Constitutional Law, 81; Municipal e l (Wash.) Time during which defendant Corporations, uw 594-621.
lived with common prostitute not material if
they intended to continue to live together.PRACTICE.
State v. Everett, 519. For practice in particular actions and proceed Omm 4 (Wash.) Evidence held to sustain conings, see the various specific topics.
viction for accepting earnings of common pros
titute.-State y. Miles, 518. PRESCRIPTION.
Evidence that defendant received earnings of See Adverse Possession; Limitation of Ac
prostitute and paid expenses of .codefendant
therewith held to sustain conviction of codetions.
fendant.-Id. PRINCIPAL AND AGENT.
5 (Wash.) Whether defendant accepted
earnings of common prostitute held for jury.-See Attorney and Client; Brokers; Factors. State y. Everett, 519.
6 (Wash.) Sentence imposed for accepting II. MUTUAL RIGHTS, DUTIES, AND LIABILITIES.
earnings of common prostitute held not so ex
cessive as to show an abuse of discretion.(A) Execution of Agency.
State v. Miles, 518. Com 69(2) (Or.) Agent cannot speculate on cam 6 (Wash.) Sentence of 412 years to 5 principal's property -Nibley v. Delahunt. 473. years in state penitentiary for living with and
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER accepting earnings of common prostitute held on 442(7) (Utah) Evidence as to manner of not excessive.-State v. Everett, 519.
driving horses on other occasions held proper
ly excluded.-Smith v. Utah-Idaho Cent. R. Co., PUBLIC IMPROVEMENTS. 235. See Municipal Corporations, Om518-522.
443(7) (Cal.App.) Evidence held to show
negligence as to cows on track.-Hansen v. PUBLIC LANDS.
Northwestern Pac. R. Co., 63.
On446(O) (Okl.) Negligent injury to aniSee Mines and Minerals, em 23-44.
mal held question for court.-McAdoo V. Mc
Cartney, 654 II. SURVEY AND DISPOSAL OF LANDS OF 447 (2) (Okl.) Instruction on negligence in UNITED STATES.
killing animal justified by evidence.-Mills v. (B) Entries, Sales, and Possessory Rights. Stewart, 770. 39(3) (Cal.App.) Effect of filing of declara
of filing of declara. Im 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.
RAPE. 41 (Cal.App.) Burden held upon occupant II. PROSECUTION AND PUNISHMENT. of public commons to overcome prima facie case made by introduction of map showing dedica
(B) Evidence. tion.-Placer County v. Lake Tahoe Ry. & 51(1) (Cal. App.) Evidence held to justify Transportation Co., 900.
verdict of guilty-People v. Pearson, 803. Actual occupancy prior to location of town em 53(3) Cal. App. Evidence held to sho site not shown.-Id.
tent to commit.-People v. Mit Singh, 1013. Evidence held insufficient to show right of railroad company in public commons.-Id.
REAL ACTIONS. PUBLIC SERVICE COMMISSIONS. See Ejectment; Partition; Quieting Title.
2 (Colo.) Public Utility Act held not unconstitutional.-Pirie v. Public Utilities Com RECEIVING STOLEN GOODS. mission, 640.
2 (Colo.) Tampering with shipping tags On 32 (Colo.) Finding of commission as to and waybills misplacing delivery held construcright to certificate of public necessity and con.,
tive theft.-Shaw v. People, 812 venience in operating franchise binding on ap 3 (Cal.App.) Guilty knowledge that goods pellate court. --Pirie v. Public Utilities Commis. were stolen need not be actual.- People v. Merson, 640.
m5 (Colo.) Voluntary delivery to accused PUBLIC SERVICE CORPORATIONS.
held not a retaking defeating conviction.-Shaw See Carriers; Electricity; Gas; Railroads; v, People, 812, Street Railroads.
8(3) (Cal. App.) Evidence held to support
conviction. People v. Mercado, 1035. QUIETING TITLE.
Om8(3) (Colo.) Evidence of claims against I. RIGHT OF ACTION AND DEFENSES.
carrier unnecessary to convict. --Shaw v. Peo
ple, 812. Omw 1217) (Colo.) Plaintiff must be in actualm9(1) (Cal.App.) Guilty knowledge that possession.-Crandall v. Crandall, 814,
goods were stolen need not be actual and is a Omw23 (Okl.) One not in possession may sue jury question. People v. Mercado, 1035, for possession and to quiet title by suing to 9(1)(Colo.) Voluntary delivery of stolen cancel deeds constituting cloud on title.-Tidal goods no defense where made for purpose of apOil Co. v. Flanagan, 729.
prehending recipient.-Shaw v. People, 812. II. PROCEEDINGS AND RELIEF.
RECORDS. Om 38 (Okl.) Judgment against defendant on disclaimer and allegation of conveyance of in
See Appeal and Error, Cw494–714; Criminal terest as trustee prior to action held proper.
| Law, m1091-1124. Brunson v. Lightfoot, 922.
91/2 [New, vol. 12A Key-No. Series] em47(1) (Cal.) Where execution of quitclaim
(Cal.App.) Transfer of automobile to deed disputed, instruction on prima facie pre- / plaintiff prior to action established ownership sumptions arising from certificate of acknowl, and right to maintain action.-Taylor v. Bernedgment should have been given.-Biaggi v. Ra- | heim, 55. mont, 892.
Cum 91/2 [New, vol. 12A Key-No. Series] m49 (Wash.) Decree quieting title held not **(Cal.App.) Party, in whose name autoerroneous for failure to charge owner with tax mobile registered, not deprived of right to es paid by respondent.-Hendrickson v. Lyons, maintain action for injury, though purchased 1095.
with funds of another.-Whitworth v. Jones, RAILROADS.
60. See Street Railroads.
See Arbitration and Award.
REFORMATION OF INSTRUMENTS. 307 (6) (Cal. App.) Notice of time of operation of gates must be given.---Wyseur v. Da I. RIGHT OF ACTION AND DEFENSES. vis, 213. em 346(5) (Cal.App.) Reasonable' inference
18 (Wash.) Instruments which by mistake
ce fail to have the legal effect intended may be renonresident did not know hours for operation
formed.-Hendrickson v. Lyons, 1095. of crossing gates.-Wyseur v. Davis, 213.
350(21) (Cal.App.) Contributory negligence of automobile occupant question of fact.
II. PROCEEDINGS AND RELIEF, Wyseur v. Davis, 213.
44 (Cal.App.) Oral evidence admissible
to show mistake though contract within statute (H) Injuries to Animals on or near Tracks. 1
ks. of frauds.-Key v. Vidovich, 375. Cum 419(4) (Utah) Instructions on care requir- 45(3) (Cal.App.) Evidence insufficient to ed as to animals on track held proper.-Smith show mistake in not providing for sale subject v. Utab-Idaho Cent. R. Co., 235.
J.to incumbrance.-Key v. Vidovich, 375.
ROBBERY. II. CONSTRUCTION AND OPERATION. lem 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
On 24 (3) (Cal.App.) Evidence of identity held v. Early, 390.
sufficient to support conviction.-People v.
See Taxation, ww696-708; Vendor and Purtees, as depositary of title.-Brittenbaker vl chaser. Buck, 264.
I, REQUISITES AND VALIDITY OF CON
Oamo 22(3) (Idaho) Accepted offer to sell defiOn 17(3) (Cal.) Possession of life tenant's nite quantity at stated price makes valid congrantee held ouster of remaindermen.-Akley v. tract.--0. A. Olin Co. v. Lambach, 277. Bassett, 576.
24 (Idaho) "Option" contract defined.O.
A. Olin Co. v. Lambach, 277.
IV. PERFORMANCE OF CONTRACT.
**|(C) Delivery and Acceptance of Goods, Om 86(7) (Okl.) Petition filed when case be
179(4) (Or.) If buyer keeps article delivcomes removable in time, although after de
ered or uses it inconsistently with seller's ownfendant required to answer.-New England Oil ership, without offering to rescind, seller may & Pipe Line Co. y. Broyles, 312.
recover contract price, less buyer's damages.em 89(1) (Okl.) State court not bound to sur F. C. Austin Co. v. J. H. Tillman Co., 131. render jurisdiction until face of the record
Om 182(1) (Wash.) Whether seller of cants shows petitioner entitled to removal.--New complied with agreement as to method of measEngland Oil & Pipe Line Co. v. Broyles, 312. urement held for jury.-International Lumber
95 (Okl.) Petition and bond for removal | Export Co. V. M. Furuya Co., 858. filed by resident of another state ipso facto
v. OPERATION AND EFFECT. ousts state court of jurisdiction.-New England Oil & Pipe Line Co. v. Broyles, 312.
(A) Transfer of Title as Between Parties.
Om 199 (Idaho) Title to identified article sold REPLEVIN.
passes when contract made, and nothing reI. RIGHT OF ACTION AND DEFENSES.
mains but delivery and payment.-0. A. Olin
Co. v. Lambach, 277. 4 (Okl.) Lies to recover undivided interest | 202(2, 3) (Wash.) Seller who accepted in broom corn.-First Nat. Bank v. Ball, 322. check for cattle sold cannot retake them after Cm8(4) (Okl.). Gist of action is right to imme- seizure under execution, though_buyer stopped diate recovery of specific property.-Williams payment on check.-Goodwin y, Bear, 1080. v. Williams, 769. Cm 10 (Cal. App.) Lies against persons con
(D) Bona Fide Purchasers. structively in possession" of property at com em 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 nec
warranties held not to warrant rebuilt tractor. essary party.-Scottsdale Ginning Co. v. Lon
-Friesen v. Hart-Parr Co., 986.
Parties may stipulate property sold is not gan, 876.
warranted.-Id. On 22 (Cal.App.) Attaching creditor may be
em 288(2) (Or.) Seller's delivery of article dejoined with attaching officer as defendant.
scribed not waived by buyer's failure to reject. Taylor v. Bernheim, 55.
| article delivered; where repudiation will not IV. PLEADING AND EVIDENCE. afford complete remedy.-F. C. Austin Co. v. Om69(2) (Okl.) Plaintiff must offer evidence
J. H. Tillman Co., 131.
Buyer's use of article unlike that described tending to establish title to sustain replevin
in contract does not constitute waiver of per
: where right to possession based thereon.-Wil
formance by seller, where accepted under proliams v. Williams, 769. Cm72 (Cal.App.) Evidence held to establish
test.-Id, ownership of automobile.--Taylor v. Bernheim,
VII. REMEDIES OF SELLER. 55. 72 (Kan.) Evidence held to sustain plain
(F) Actions for Damages. tiff'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 V. DAMAGES.
refusal to perform sales contract stated.0. A. 76 (Cal. App.) Reasonable rental value of
Olin Co. v. Lambach, 277. automobile measure of damages for detention.
VIII. REMEDIES OF BUYER. --Taylor v. Bernheim, 55.
(C) Actions for Breach of Contract. REVENUE.
417 (Wash.) Evidence held insufficient to See Taxation.
show consignee could have minimized damages
by storing lumber instead of allowing railroad REVIEW.
demurrage to accrue.-R. P. Arkley Lumber Co.
v. Vincent, 690. See Appeal and Error; Certiorari.
418(19) (Wash.) Demurrage charges held
recoverable as proximate result of breach of ROADS.
contract where lumber shipment was rejected. See Highways.
1-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
SEARCHES AND SEIZURES.
Jm3 (Or.) Statute requiring affidavit showing
probable cause before issuance of search war-
rant mandatory.-Nally v. Richmond, 871.
cm3 (Wash.) Seizure without warrant not.
prohibited, where goods are open to eye and
| hand.-State v. Miller, 9.
See Criminal Law, Om977–1003.
See Husband and Wife, m149.
proper subject of counterclaim in action on
SHERIFFS AND CONSTABLES.
I. APPOINTMENT, QUALIFICATION, AND
6 (Kan.) Evidence held sufficient to oust
sheriff for failure to enforce prohibitory law.-
State v. Teeters, 818.
III. POWERS, DUTIES, AND LIABILITIES.
VIII. CARRIAGE OF PASSENGERS.
078 | see distance, held contributorily negligent.--
Johnson v. Washington Route, 1100.
See Statutes, Ow68–102.
em 10(2) (Kan.) Decree may be rendered as
to lands exclusive of homestead, where wife did
not sign contract.-Herman v. Sawyer, 663.
II. CONTRACTS ENFORCEABLE.
57 (Wash.) Option to renew lease with
Young v. Nelson, 515.
IV. PROCEEDINGS AND RELIEF.
allegation of equity in petition to require de-
cedent held sustained.-In re Cheda's Estate,
II. GOVERNMENT AND OFFICERS.
| creating clerkship.-Carter v. Rathburn, 944.
to compensation.-Butler v. Carter, 965.
en 64 (Okl.) Duty of Auditor to issue warrant will not necessarily invalidate other portions.-
II. GENERAL AND SPECIAL OR LOCAL
68 (Okl.Cr.App.) Law applying uniformly
to designated class held a "general law."-Bisb-
op v. City of Tulsa, 228.
76(6) (Utah) Tax statute for cities of first
class held not to violate prohibition against
special legislation.-Salt Lake City v.
Lake County, 207.
93(5) (Utah) Tax statute for cities of first
class held not to violate prohibition against
special legislation.-Salt Lake City v. Salt Lake
93(8) (Okl.Cr.App.) Law creating munici-
to violate requirement as to general and uni-
form laws as to compensation.-Forward v.
III. SUBJECTS AND TITLES OF ACTS.
as to subjects and titles of acts must be liber.
of city taxes held not unconstitutional, as con-
| taining more than one subject.-Salt Lake City
v. Salt Lake County, 207.
On 123(4) (Or.) Provision for levy of special
tax held within title of road improvement act;
intoxicating liquors held not void. --State v. Mil-
ether " ler, 9.
130 (Wash.) Constitutional provision pro-
hibiting amendment within two years of enact-
ment approved by electors held not violated.-
en 138(2) (Utah) Statute providing for levy
of city taxes held not unconstitutional, as
amending statute by reference to title.-Salt
Lake City v. Salt Lake County, 207
Cam 142 (colo.) Amendments by implication not
STATUTE OF FRAUDS.
V. REPEAL, SUSPENSION, EXPIRATION,
Om 167(1) (Okl.). New statute revising whole
subject matter of old one operates as to re-
clause-Harrison v. Harrison, 737.
VI. CONSTRUCTION AND OPERATION.
(A) General Rules of Construction.
to intent and bold statute valid if possible.-
Calder v. Orr, 479.
m 184 (Or.) Declared purpose controlling un-
less incompatible with effect.-Camas Stage Co.
v. Kozer, 95.
194 (Ariz.) Specific provisions of statute
Cum 197 (Cal.App.) "And” may be substituted
for "or," and vice versa.-Abbey V. Board of
does not ordinarily include time of doing it,