« 이전계속 »
titled to judgment on the pleadings.-Yokohama III. RIGHTS AND LIABILITIES AS TO Specie Bank v. Geo. S. Bush & Co., 676.
(D) Ratification. XII. ISSUES, PROOF, AND VARIANCE.
Om 172 (Kan.) Ratification cannot be in part
PRINCIPAL AND SURETY.
OR JUDGMENT. m402 (Cal.) Failure of cross-complaint for IV. REMEDIES OF CREDITORS. divorce to allége facts concerning plaintiff's reslem 163 (Cal.App.) Judgment of $10,000 not idence not cured by other pleadings.-Bullard v. excessive as to surety bond for $13,000.-HebBullard, 361. ww403(2) (Cal.App.) Omission in complainterling v. Day, 908. to enforce lien cured by answer.-Heberling v. Day, 908.
PRIZE FIGHTING. 5408 (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 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 special demurrer.-Pedotto v. Yantorno, 279.
PROHIBITION. m411 (Okl.) Objections to counterclaim waiv
I. NATURE AND GROUNDS. ed after judgment entered thereon.-Brisley v. w3(1) (Cal.) To prevent trial of election Mahaffey, 920.
contest' denied where objections can be cured em 417° (Okl.) Taking leave to amend, waiver 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 Cm 418(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. Cum 433(3) (Or.) Defective allegations of comm6(2) (Cal.App.) Will not lie to prevent plaint cured by verdict.-Duby v. Hicks, 156.
closing of street.-Garin v. Pelton, 378. Cm 433(5) (Or.) Defective allegations of com
Call (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. Bul
II. JURISDICTION, PROCEEDINGS, AND lard, 361.
17 (Cal.) Objections to trial court proceedOm22 (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. 26 (Nev.) If return to order to show cause
County of San Francisco, 1005. Bank of Italy, Fresno Branch, 1024. Cm 23 (Wash.) Pledge does not destroy prior sets up admitted or undisputed facts, it is suflien.-First Nát. Bank v. White-Dulany Co., ficient, though not formal pleading.-State v. 861.
Streshley, 712. 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.
ml (Cal.App.) In prosecution of husband for
leaving wife in house of prostitution, his status Cm 9 (Okl.Cr.App.) Evidence held 'insufficient as husband continues until final decree of dito support charge of receiving narcotics.-Sul.
vorce.-People v. Smith, 248. liyan v. State, 193.
Oml (Wash.) Statute denouncing the acceptPOLICE POWER.
ing of the earnings of a prostitute held not un
constitutional.-State v. Miles, 518. See Constitutional Law, On 81; Municipal ml (Wash.) Time during which defendant Corporations, Ou594-621.
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-Com 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- therewith held to sustain conviction of code
prostitute and paid expenses of codefendant tions.
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. II. MUTUAL RIGHTS, DUTIES, AND LIA-S 6 (Wash.) Sentence imposed for accepting BILITIES.
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 mm 6 (Wash.) Sentence of 442 years to 5 principals property.-Nibley v. Delahunt. 473. I 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 | ww442(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, m518-522.
Om 443(7) (Cal.App.) Evidence held to show
Northwestern Pac. R. Co., 63.
446(1). (Okl.) Negligent injury to aniSee Mines and Minerals, 23-44.
mal held question for court.-McAdoo V. Me
Cartney, 654. II. SURVEY AND DISPOSAL OF LANDS OF C 447 (2) (Okl.) Instruction on negligence in UNITED STATES.
killing animal justified by evidence.-Mills v. (B) Entries, Sales, and Possessory Rights. Stewart, 770. Om 39(3) (Cal.App.) Effect of filing of declara- Som: 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. m41 (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 cm 53(3) (Cal. App.) Evidence held to show in. site not shown.-Id.
tent to commit.-People v. Mit Singh, 1013. Evidence held insufficient to show right of railroad company in public commons.-II.
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. em 32 (Colo.) Finding of commission as to and waybills misplacing delivery held construc
Om2 (Colo.) Tampering with shipping tags right to certificate of public pecessity 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. PUBLIC SERVICE CORPORATIONS.
Omars (Colo.) Voluntary delivery to accused
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.
8 (3) (Colo.) Evidence of claims against
carrier unnecessary to convict. --Shaw v. PeoI. RIGHT OF ACTION AND DEFENSES.
ple, 812. Om 12(7) (Colo.) Plaintiff must be in actual em 9 (1) (Cal.App.) Guilty knowledge that possession.-Crandall v. Crandall, 814,
goods were stolen need not be actual and is a Eww.23 (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, m494–714; Criminal terest as trustee prior to action held proper.
Law, 1091-1124. Brunson v. Lightfoot, 922.
Om942. [New, vol. 12A Key-No, Series] 47(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.
Ou91/2, [New, vol. 12A Key-No. Series ] Om49 (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. 346(5) (Cal.App.) Reasonable inference fail to have the legal effect intended may be re
C18 (Wash.) Instruments which by mistake nonresident did not know hours for operation formed.-Hendrickson v. Lyons, 1095. of crossing gates.-Wyseur v. Davis, 213. C350 (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 (H) Injuries to Animals on or near Tracks. of frauds.-Key v. Vidovich, 375.
to show mistake though contract within statute Cm 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.
to incumbrance.-Key v. Vidovich, 375.
ROBBERY. II. CONSTRUCTION AND OPERATION. On 24(1) (Cal.App.) Evidence held sufficient OM31 (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.
SALES. C 18 (Ca'. App.) Grant to church trustees held gift to church, vesting legal title in trus- See Taxation, Om696-708; Vendor and Pur
chaser. tees, as depositary of title.-Brittenbaker v. Buck, 264.
I. REQUISITES AND VALIDITY OF CON
cm 22(3) (Idaho) Accepted offer to sell defiOm 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, 86(7) (Okl.) Petition filed when case be- Em 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.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 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. ww4 (Okl.) Lies to recover undivided interest Em 202(2, 3) (Wash.) Seller who
accepted in broom corn.-First Nat. Bank v. Ball, 322. check for cattle sold cannot retake them after ww8(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 v. Bear, 1080. v. Williams, 769. w 10 (Cal. App.) Lies against persons con
(D) Bona Fide Purchasers. structively in possession" of property at com.l234(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- -Friesen v. Hart-Parr Co., 986.
warranties held not to warrant rebuilt tractor. essary party.-Scottsdale Ginning Co. v. Lon
Parties may stipulate property sold is not ma 22 (Cal.App.) Attaching creditor may be a 288(2) (Or.) Seller's delivery of article de
warranted.-Id. joined 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. Om 69(2) (Okl.) Plaintiff must offer evidence
J. H. Tillman Co., 131. tending to establish title to sustain replevin in contract does not constitute waiver of per
Buyer's use of article unlike that described where right to possession based thereon.-Wil-formance by seller, where accepted under proliams v. Williams, 769.
test.-Id. 72 (Cal. App.) Evidence held to establish ownership of automobile.-Taylor v. Bernheim, VII. REMEDIES OF SELLER. 55.
(F) Actions for Damages. 072 (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 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.
Cm417 (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,
Cm 418(19) (Wash.) Demurrage charges held
recoverable as proximate result of breach of ROADS.
contract where lumber shipment was rejected. See Highways.
--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. mas 426 (Or.) Seller must deliver machine de-On 3 (or.) Statute requiring affidavit showing scribed before relying on buyer's failure to probable cause before issuance of search warretum it.-F. C. Austin Co. v. J. H. Tillman m3 (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.
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 machine did not limit remedies for failure to fur
SEPARATE PROPERTY. nish machine described.-Id.
See Husband and Wife, On149.
SEPARATION. 472(3) (Cal.App.) Assignee of fictitious See Husband and Wife, em 299. contract of conditional sale not entitled to possession as against one selling to assignor on SET-OFF AND COUNTERCLAIM. conditional sale.-Rogers Lamb Co. v. Coast
II. SUBJECT-MATTER. Securities Co., 246. 479(2) (Cal.App.) Seller under conditional Own 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. Ow44(1)(Cal.) Claim of either defendant v. Coast Securities Co., 246.
proper subject of counterclaim in action on Ow479(9) (Wash.) Money judgment for any joint and several note.-Whittier v. Visscher, part of purchase price will not be granted in 23. replevin.-Gramm-Bernstein Motor Truck Co.
SEWERS. v. Todd, 3.
SHERIFFS AND CONSTABLES.
I. APPOINTMENT, QUALIFICATION, AND
TENURE. SCHOOLS AND SCHOOL DISTRICTS.
(A) Sheritis. II. PUBLIC SCHOOLS.
en 6 (Kan.) Evidence held sufficient to oust
sheriff for failure to enforce prohibitory law.(A) Establishment. School Lands and
State v. Teeters, 818.
III. POWERS, DUTIES, AND LIABILITIES. all (Kan.) Law providing for levy and dis-114 (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.
SHIPPING. (B) Creation, Alteration, Existence, and Dissolution of Districts.
VIII. CARRIAGE OF PASSENGERS. em 22 (Kan.) County superintendent may or
Ce 166(3) (Wash.) Passenger, who tried 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, m 68-102. 39 (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.
C10(2) (Kan.) Decree may be rendered as (C) Government, Officers,
and District Meetings,
to lands exclusive of homestead, where wife did
not sign contract.--Herman v. Sawyer, 663. 53(5) (Mont.) Acts of district directors om 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.
ww57 (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. Om 121(8) (Cal.App.) Findings as to truth of -Wright v. State, 179.
allegation of equity in petition to require deInstructions as to duty of parent educating livery of bank stock under contract with dechild 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 district not empowered to prescribe course of
II. GOVERNMENT AND OFFICERS. study that must be executed by school board.Com 53 (Okl.). Governor's disapproval of approState 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-w57 (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.
Om 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. Carter, 965.
II. GENERAL AND SPECIAL OR LOCAL Om67 (Okl.) State Auditor and State Board
LAWS. of Public Affairs are co-ordinate departments whose duties do not conflict; State Board of Em 68. (Okl.Cr.App.) Law applying uniformly Affairs has jurisdiction of state game preserves, to designated class held a "general law." -Bishand may let contracts and incur expenses for 76(6) (Utah) Tax statute for cities of first supplies.-Clark v. Carter, 932. em 68 (Okl.) Statutes relating to Board of special legislation.-Salt Lake City v. Salt
class held pot to violate prohibition against Public Affairs held not to take any powers from 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.
ww93(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. Om 82 (Idaho) Additional duties imposed on Om 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 y. IV. FISCAL MANAGEMENT, PUBLIC DEB'T, San Diego County, 993.
AND SECURITIES. em 131 (Okl.) Where an appropriation has not
III. SUBJECTS AND TITLES OF ACTS. been made in strict compliance with law, it is ew105(1) (Ör.) Constitutional requirement invalid.-Carter v. Rathburn, 944.
as to subjects and titles of acts must be liberem 132 (Idaho) Purpose of appropriation for ally construed.-Calder v. Orr, 479. State Historical Society stated.-State
en 107(6) (Utah) Statute providing for levy Gallet, 723.
of city taxes held not unconstitutional, as con138 (OKI.) 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.
Om 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. -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 me 130 (Wash.) Act restricting possession of witnesses held not mandatory.-Id. State Auditor may reject claim altogether it intoxicating liquors held not void.-State v. Mil
ler, 9. he knows it to be illegal.-Id.
Om 130 (Wash.) Constitutional provision proPrimary purpose of statute authorizing State hibiting amendment within two years of enactAuditor to examine and adjust claims is to ment approved by electors held not violated.prevent issuance of warrants on illegal clainis. State v. McFee, 883. -Id. State Auditor is not authorized to act ca- of city taxes held not unconstitutional, as
Om 138(2) (Utah) Statute providing for levy 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 cm 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.
em 167(1) (Okl.) New statute revising whole
subject-matter of old one operates as to reSTATUTE 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, aw 181(1) (Or.) Duty of court to give effect see the various specific topics.
to intent and hold statute valid if possible.
Calder v. Orr, 479. I. ENACTMENT, REQUISITES, AND VA
Om 184 (Or.) Declared purpose controlling unLIDITY IN GENERAL.
less incompatible with effect.-Camas Stage Co.
v. Kozer, 95. 233 (Okl.) Provision permitting Governor to 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.
Om 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.
C 197 (Cal.App.) “And” may be substituted Cm47 (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-Em 199 (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 goes depends on intent.-Moore for unconstitutional method of selecting jury I v. City Council of City of Los Angeles, 64.