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.

(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.

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.

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

(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.

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-
FECT OF REMOVAL.

chaser.

I. REQUISITES AND VALIDITY OF CON-
TRACT.

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.
(F) Actions for Damages.

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
(D) Actions and Counterclaims for Breach
SEARCHES AND SEIZURES.

of Warranty.

426 (Or.) Seller must deliver machine de-3 (Or.) Statute requiring affidavit showing
scribed before relying on buyer's failure to probable cause before issuance of search war-
return it.-F. C. Austin Co. v. J. H. Tillman 3 (Wash.) Seizure without warrant not
rant mandatory.-Nally v. Richmond, 871.
Co., 131.
Parties may provide exclusive remedy of buy-prohibited, where goods are open to eye and

er for breach.-Id.

Buyer agreeing to return property in case of
breach cannot counterclaim. for damages in
seller's action for purchase price.-Id.

Requirement that buyer return defective ma-
chine did not limit remedies for failure to fur-
nish machine described.-Id.

IX. CONDITIONAL SALES.
472(3) (Cal.App.) Assignee of fictitious
contract of conditional sale not entitled to pos-
session as against one selling to assignor on
conditional sale.-Rogers Lamb Co. v. Coast
Securities Co., 246.

hand.-State v. Miller, 9.

SENTENCE.

See Criminal Law, 977-1003.
SEPARATE PROPERTY.
See Husband and Wife, ~149.
SEPARATION.

See Husband and Wife, 299.
SET-OFF AND COUNTERCLAIM.
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. 44(1) (Cal.) Claim of either defendant
v. Coast Securities Co., 246.
proper subject of counterclaim in action on
joint and several note.-Whittier v. Visscher,
23.

479(9) (Wash.) Money judgment for any
part of purchase price will not be granted in
replevin.-Gramm-Bernstein Motor Truck Co.
V. Todd, 3.

SAVINGS BANKS.

See Banks and Banking, 299-309.
SCHOOLS AND SCHOOL DISTRICTS.

II. PUBLIC SCHOOLS.

(A) Establishment. School Lands and
Funds, and Regulation in

General.

See Drains.

SEWERS.

SHERIFFS AND CONSTABLES.

I. APPOINTMENT, QUALIFICATION, AND

TENURE.

(A) Sheritis.

6 (Kan.) Evidence held sufficient to oust
sheriff for failure to enforce prohibitory law.-
State v. Teeters, 818.

III. POWERS, DUTIES, AND LIABILITIES.
1 (Kan.) Law providing for levy and dis-14 (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.

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

557.

SHIPPING.

VIII. CARRIAGE OF PASSENGERS.

22 (Kan.) County superintendent may or-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. 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, 68-102.

SPECIFIC PERFORMANCE.

39 (Kan.) Failure to postpone notices of
formation of new school district by county su-
perintendent will not defeat appeal on day order I. NATURE AND GROUNDS OF REMEDY
made.-State v. Waters, 974.

(C) Government, Officers, and District
Meetings.

53 (5) (Mont.) Acts of district directors
held misfeasances requiring accusation by grand
jury for removal.-State v. District Court of
Nineteenth Judicial Dist. in and for Glacier
County, 1052.

(H) Pupils, and Conduct and Discipline of

Schools.

160 (Okl.Cr.App.) Parent held not liable to
penalties for failure to send to public school
child taught by competent private instructors.
-Wright v. State, 179.

Instructions as to duty of parent educating
child privately held erroneous.-Id.

Sufficiency of facilities for education of child
outside of public school held for the jury.-Id.

IN GENERAL.

10(2) (Kan.) Decree may be rendered as
to lands exclusive of homestead, where wife did
not sign contract.-Herman v. Sawyer, 663.
13 (Kan.) Vendor held able to procure
merchantable title in time to perform.-Herman
v. Sawyer, 663.

II. CONTRACTS ENFORCEABLE.
57 (Wash.) Option to renew lease with
rental to be agreed on held enforceable.-
Young v. Nelson, 515.

IV. PROCEEDINGS AND RELIEF.

121 (8) (Cal.App.) Findings as to truth of
allegation of equity in petition to require de-
livery of bank stock under contract with de-
cedent held sustained.-In re Cheda's Estate,
70.

STATES.

164 (Kan.) Annual meeting of school dis-
II. GOVERNMENT AND OFFICERS.
trict not empowered to prescribe course of
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-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.

States

64 (Okl.) Duty of Auditor to issue warrant
in approved amount to one rendering service to
State Highway Commissioner.-Butler v. Car-
ter, 965.

67 (Okl.) State Auditor and State Board
of Public Affairs are co-ordinate departments
whose duties do not conflict; State Board of
Affairs has jurisdiction of state game preserves,
and may let contracts and incur expenses for
supplies.-Clark v. Carter, 932.

68 (Okl.Cr.App.) Law applying uniformly
to designated class held a "general law."-Bish-
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. Salt
Lake County, 207.

68 (Okl.) Statutes relating to Board of
Public Affairs held not to take any powers from
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
special legislation.-Salt Lake City v. Salt Lake
County, 207.

73 (Okl.) State Auditor is one of the ex-
ecutive officers, and not a mere ministerial of-
ficer. Clark v. Carter, 932.

93 (8) (Okl.Cr.App.) Law creating munici-
pal courts for certain cities held "general law"
and not special law.-Bishop v. City of Tulsa,

228.

76 (Okl.) Auditor is state's accountant, and
it holds him responsible for failure to account
for its funds.-Clark v. Carter, 932.
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
to violate requirement as to general and uni-
Gallet, 723.
form laws as to compensation.-Forward v.

IV. FISCAL MANAGEMENT, PUBLIC DEBT, San Diego County, 993.
AND SECURITIES.

131 (Okl.) Where an appropriation has not
been made in strict compliance with law, it is
invalid.-Carter v. Rathburn, 944.

132 (Idaho) Purpose of appropriation for
stated.-State
Historical Society
State
Gallet, 723.

V.

138 (Okl.) On issuance of warrant by Audi-
tor state pledges its credit for redemption
thereof.-Clark v. Carter, 932.

V. CLAIMS AGAINST STATE.

III. SUBJECTS AND TITLES OF ACTS.
requirement
as to subjects and titles of acts must be liber-
ally construed.-Calder v. Orr, 479.

105(1) (Or.) Constitutional

107(6) (Utah) Statute providing for levy
of city taxes held not unconstitutional, as con-
taining more than one subject.-Salt Lake City
v. Salt Lake County, 207.

123(4) (Or.) Provision for levy of special
tax held within title of road improvement act;
"provide."-Calder v. Orr, 479.

CATION.

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.
Statute granting State Auditor power to call
witnesses held not mandatory.-Id.
State Auditor may reject claim altogether if
he knows it to be illegal.-Id.

Primary purpose of statute authorizing State
Auditor to examine and adjust claims is to
prevent issuance of warrants on illegal claims.

STATUTES.

130 (Wash.) Act restricting possession of
intoxicating liquors held not void.-State v. Mil-

ler, 9.

130 (Wash.) Constitutional provision pro-
hibiting amendment within two years of enact-
ment approved by electors held not violated.—
State v. McFee, 683.

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.

142 (Colo.) Amendments by implication not
favored.-Nelson v. Nelson, 810.

V. REPEAL, SUSPENSION, EXPIRATION,
AND REVIVAL.

167(1) (Okl.) New statute revising whole
subject-matter of old one operates as to re-
peal old law, though containing no repealing
clause.-Harrison v. Harrison, 737.

VI. CONSTRUCTION AND OPERATION.
(A) General Rules of Construction.

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

I. ENACTMENT, REQUISITES, AND VA-
LIDITY IN GENERAL.

33 (Okl.) Provision permitting Governor to
disapprove items of appropriation bill does not
permit repassage except by two-thirds vote.-
Carter v. Rathburn, 944.

Item of appropriation bill disapproved by
Governor, and not repassed by two-thirds vote,
is invalid.-Id.

to intent and hold statute valid if possible.-
Calder v. Orr, 479.

184 (Or.) Declared purpose controlling un-
less incompatible with effect.-Camas Stage Co.
v. Kozer, 95.

190 (Nev.) Where language is plain, there
is no room for construction.-State v. Jepsen,
501; Rahbeck v. Same, 502.

194 (Ariz.) Specific provisions of statute
controlling.-State v. Lumbermen's Indemnity
Exchange, 294.

197 (Cal.App.) "And" may be substituted
for "or," and vice versa.-Abbey v. Board of
Directors of Honcut-Yuba Irr. Dist., 709.

47 (Or.) Statute, indefinite as to publica-
tion of notice of road district meetings, held
valid, where legislative intent is obvious.-Cald-199 (Cal.App.) "Manner" of doing thing
er v. Orr, 479.

64(7) (Okl.Cr.App.) That statute provides
for unconstitutional method of selecting jury

does not ordinarily include time of doing it,
and whether it does depends on intent.-Moore
v. City Council of City of Los Angeles, 64.