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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.

(D) Ratification.

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.
ER. AND AIDER BY VERDICT

See Guaranty.
OR JUDGMENT.
402 (Cal.) Failure of cross-complaint for

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.

RELIEF
PLEDGES.

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.

PROMISSORY NOTES.
ei 30(2) (Cal.App.) One holding note to se-
cure debt may seek to recover on the note, See Bills and Notes.
though debt is not due.-Anglo-California Trust
Co. v. Wallace, 78.

PROSTITUTION.
POISONS.

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

struction on

ow in

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.

cado, 1035.

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.

REFERENCE.
X. OPERATION.

See Arbitration and Award.
(F) Accidents at Crossings.

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.

RELEASE.

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.

Hahn, 268.
RELIGIOUS SOCIETIES.

SALES.
On 18 (Ca'. App.) Grant to church trustees
held gift to church, vesting legal title in trus- |

See Taxation, ww696-708; Vendor and Purtees, as depositary of title.-Brittenbaker vl chaser. Buck, 264.

I, REQUISITES AND VALIDITY OF CON

TRACT.
REMAINDERS.

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.
REMOVAL OF CAUSES.
VI. PROCEEDINGS TO PROCURE AND EF.

IV. PERFORMANCE OF CONTRACT.
FECT OF REMOVAL.

**|(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.

23.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
(D) Actions and Counterclaims for Breach

SEARCHES AND SEIZURES.
of Warranty.
426 (Or.) Seller must deliver machine de-1

Jm3 (Or.) Statute requiring affidavit showing

probable cause before issuance of search war-
scribed before relying on buyer's failure to

rant mandatory.-Nally v. Richmond, 871.
return it.-F. C. Austin Co. v. J. H. Tillman
Co., 131,

cm3 (Wash.) Seizure without warrant not.
Parties may provide exclusive remedy of buy-

prohibited, where goods are open to eye and
er for breach.-Id.

| hand.-State v. Miller, 9.
Buyer agreeing to return property in case of

SENTENCE.
breach cannot counterclaim. for damages in
seller's action for purchase price.-Id.

See Criminal Law, Om977–1003.
Requirement that buyer return defective ma-
chine did not limit remedies for failure to fur-

SEPARATE PROPERTY.
nish machine described.-Id.

See Husband and Wife, m149.
IX. CONDITIONAL SALES.

SEPARATION.
472(3) (Cal.App.) Assignee of fictitious See Husband and Wife, em 299.
contract of conditional sale not entitled to pos-
session as against one selling to assignor on SET-OFF AND COUNTERCLAIM.
conditional sale.-Rogers Lamb Co. v. Coast
Securities Co., 246.

II. SUBJECT-MATTER.
479(2) (cal. App.) Seller under conditional 34(1) (Cal.) Stockholder's liability arises
contract entitled to take possession of property on contract.-Whittier V. Visscher, 23.
when abandoned by buyer.-Rogers Lamb Co. On 44(1) (Cal.) Claim of either defendant
V. Coast Securities Co., 246.

proper subject of counterclaim in action on
em 479(9) (Wash.) Money judgment for any joint and several note.-Whittier v. Visscher,
part of purchase price will not be granted in
replevin.-Gramm-Bernstein Motor Truck Co.

SEWERS.
v. Todd, 3.

See Drains.
SAVINGS BANKS.

SHERIFFS AND CONSTABLES.
See Banks and Banking, em 299–309.

I. APPOINTMENT, QUALIFICATION, AND

TENURE.
SCHOOLS AND SCHOOL DISTRICTS.

(A) Sherits.
II. PUBLIC SCHOOLS.

6 (Kan.) Evidence held sufficient to oust

sheriff for failure to enforce prohibitory law.-
(A) Establishment. School Lands and

State v. Teeters, 818.
Funds, and Regulation in
General.

III. POWERS, DUTIES, AND LIABILITIES.
a ll (Kan.) Law providing for levy and dis- l14 (Cal.) Sheriff held liable for seizing
tribution of taxes for high schools held not to mortgaged goods without tendering the amount
provide for their organization.-State v. School of mortgage to mortgagee.-Phillips v. Byers,
Dist. No. 2, Sumner County, 665.

557.

SHIPPING.
(B) Creation, Alteration, Existence, and
Dissolution of Districts.

VIII. CARRIAGE OF PASSENGERS.
22 (Kan.) County superintendent may or Cm 166 (3) (Wash.) Passenger, who tried to
ganize new district including territory embraced step from gangplank to dock without looking to
in a consolidated district.-State v. Waters, 974.

078 | see distance, held contributorily negligent.--
36 (Kan.) County commissioners may cre-

Johnson v. Washington Route, 1100.
ate new district after September 1st on appeal

SPECIAL LAWS.
from order of county superintendent.--State v.
Waters, 974.

See Statutes, Ow68–102.
m39 (Kan.) Failure to postpone notices of
formation of new school district by county su-

SPECIFIC PERFORMANCE.
perintendent will not defeat appeal on day order 1. NATURE AND GROUNDS OF REMEDY
made.-State v. Waters, 974.

IN GENERAL

em 10(2) (Kan.) Decree may be rendered as
(C) Government officers, and District

to lands exclusive of homestead, where wife did
Meetings,

not sign contract.-Herman v. Sawyer, 663.
53(5) (Mont.) Acts of district directors 13 (Kan.) Vendor held able to procure
held misfeasances requiring accusation by grand merchantable title in time to perform.-Herman
jury for removal. --State v. District Court of v. Sawyer, 663.
Nineteenth Judicial Dist, in and for Glacier
County, 1052.

II. CONTRACTS ENFORCEABLE.

57 (Wash.) Option to renew lease with
(H) Pupils, and conduct and Discipline of rental to be agreed on held enforceable.-
Schools.

Young v. Nelson, 515.
160 (Okl.Cr.App.) Parent held not liable to
penalties for failure to send to public school

IV. PROCEEDINGS AND RELIEF.
child taught by competent private instructors. 121 (8) (Cal.App.) Findings as to truth of
-Wright v. State, 179.

allegation of equity in petition to require de-
Instructions as to duty of parent educating livery of bank stock under contract with de-
child privately held erroneous.-Id.

cedent held sustained.-In re Cheda's Estate,
Sufficiency of facilities for education of child 70.
outside of public school held for the jury.-Id.

STATES.
Om 164 (Kan.) Annual meeting of school dis-
trict not empowered to prescribe course of

II. GOVERNMENT AND OFFICERS.
study that must be executed by school board.- 53 (Okl.) Governor's disapproval of appro-
State v. School Dist. No. 2, Sumner County, priation for clerk's salary held not to repeal law
665.

| creating clerkship.-Carter v. Rathburn, 944.
School district not compelled to follow four Om 57 (Okl.) One hired by and rendering serv.
year high school course prescribed by state ice to State Commissioner of Highways entitled
board of education.--Id.

to compensation.-Butler v. Carter, 965.

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en 64 (Okl.) Duty of Auditor to issue warrant will not necessarily invalidate other portions.-
in approved amount to one rendering service to Bishop v. City of Tulsa, 228.
State Highway Commissioner.-Butler v. Car-
ter, 965.

II. GENERAL AND SPECIAL OR LOCAL
Om67 (Okl.) State Auditor and State Board

LAWS.
of Public Affairs are co-ordinate departments

68 (Okl.Cr.App.) Law applying uniformly
whose duties do not conflict; State Board of
Affairs has jurisdiction of state game preserves,

to designated class held a "general law."-Bisb-

op v. City of Tulsa, 228.
and may let contracts and incur expenses for

76(6) (Utah) Tax statute for cities of first
supplies.-Clark v. Carter, 932.
Om68 (Okl.) Statutes relating to Board of

class held not to violate prohibition against

special legislation.-Salt Lake City v.
Public Affairs held not to take any powers from

Salt

Lake County, 207.
State Auditor nor create any conflict of author-

93(5) (Utah) Tax statute for cities of first
ity.--Clark v. Carter, 932.

class held not to violate prohibition against
73 (Okl.) State Auditor is one of the ex-

special legislation.-Salt Lake City v. Salt Lake
ecutive officers, and not a mere ministerial of-

County, 207.
ficer.--Clark v. Carter, 932.

93(8) (Okl.Cr.App.) Law creating munici-
76 (Okl.) Auditor is state's accountant, and pal courts for certain cities held "general law"
it holds him responsible for failure to account and not special law.-Bishop v. City of Tulsa,
for its funds.-Clark v. Carter, 932.

228.
82 (Idaho) Additional duties imposed on 102 (2) (Cal.) Statute for appointment of
trustees of State Historical Society State V. advisory board to co-operate with assessor held
Gallet, 723.

to violate requirement as to general and uni-

form laws as to compensation.-Forward v.
IV. FISCAL MANAGEMENT, PUBLIC DEBT, San Diego County. 993.

AND SECURITIES.
w 131 (Okl.) Where an appropriation has not

III. SUBJECTS AND TITLES OF ACTS.
been made in strict compliance with law, it is 105(1) (Or.) Constitutional requirement
invalid.-Carter v. Rathburn, 944.

as to subjects and titles of acts must be liber.
132 (Idaho) Purpose of appropriation for I ally construed.-Calder y, Orr, 479.
State Historical Society stated.--State v. Om 107 (6) (Utah) Statute providing for lery
Gallet. 723.

of city taxes held not unconstitutional, as con-
em 138 (Okl.) On issuance of warrant by Audi-

| taining more than one subject.-Salt Lake City
tor state pledges its credit for redemption

v. Salt Lake County, 207.
thereof.-Clark v. Carter, 932.

On 123(4) (Or.) Provision for levy of special

tax held within title of road improvement act;
V. CLAIMS AGAINST STATE. "provide."--Calder v. Orr, 479.
Om 181 (Okl.) Auditor may exercise his own
judgment as to manner of examination or extent IV. AMENDMENT, REVISION, AND CODIFI.
of adjustment claims.-Clark v. Carter, 932..

CATION.
Statute granting State Auditor power to call 130 (Wash.) Act restricting possession of
witnesses held not mandatory.-Id.

intoxicating liquors held not void. --State v. Mil-
State Auditor may reject claim altogether if

ether " ler, 9.
he knows it to be illegal.-Id.

130 (Wash.) Constitutional provision pro-
Primary purpose of statute authorizing State

hibiting amendment within two years of enact-
Auditor to examine and adjust claims is to

ment approved by electors held not violated.-
prevent issuance of warrants on illegal claimis. State v. McFee, 683.
-Id.

en 138(2) (Utah) Statute providing for levy
State Auditor is not authorized to act ca-

of city taxes held not unconstitutional, as
priciously or arbitrarily or abuse his discretion

amending statute by reference to title.-Salt
in adjusting claim, and if he does so the courts

Lake City v. Salt Lake County, 207
do not assume to control his discretion, but

Cam 142 (colo.) Amendments by implication not
direct him to execute the judgment.--Id. favored.-Nelson v. Nelson, 810.

STATUTE OF FRAUDS.

V. REPEAL, SUSPENSION, EXPIRATION,

AND REVIVAL.
See Frauds, Statute of.

Om 167(1) (Okl.). New statute revising whole

subject matter of old one operates as to re-
STATUTE OF LIMITATIONS. peal old law, though containing no repealing

clause-Harrison v. Harrison, 737.
See Limitation of Actions.

VI. CONSTRUCTION AND OPERATION.
STATUTES.

(A) General Rules of Construction.
For statutes relating to particular subjects, En 181(1) (Or.) Duty of court to give effect
see the various specific topics.

to intent and bold statute valid if possible.-

Calder v. Orr, 479.
I. ENACTMENT, REQUISITES, AND VA-

m 184 (Or.) Declared purpose controlling un-
LIDITY IN GENERAL,

less incompatible with effect.-Camas Stage Co.

v. Kozer, 95.
em 33 (Okl.) Provision permitting Governor to w 190 (Nev.) Where language is plain, there
disapprove items of appropriation bill does not is no room for construction. --State v. Jepsen,
permit repassage except by two-thirds vote.-501; Rahbeck v. Same, 502.
Carter v. Rathburn, 944.

194 (Ariz.) Specific provisions of statute
Item of appropriation bill disapproved by controlling.-State v. Lumbermen's Indemnity
Governor, and not repassed by two-thirds vote, Exchange, 294.
is invalid.-Id.

Cum 197 (Cal.App.) "And” may be substituted
Com 47 (Or.) Statute, indefinite as to publica-

for "or," and vice versa.-Abbey V. Board of
tion of notice of road district meetings, held Directors of Honcut-Yuba Irr. Dist., 709.
valid, where legislative intent is obvious.--Cald-m199 (Cal. App.) "Manner” of doing thing
er v. Orr, 479.

does not ordinarily include time of doing it,
64(7) (Okl.Cr.App.) That statute provides and whether it does depends on intent.--Moore
for unconstitutional method of selecting jury I v, City Council of City of Los Angeles, 64.

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