titled to judgment on the pleadings.-Yokohama XIII. DEFECTS AND OBJECTIONS, WAIV- 402 (Cal.) Failure of cross-complaint for divorce to allege facts concerning plaintiff's residence not cured by other pleadings.-Bullard v. Bullard, 361. 403(2) (Cal.App.) Omission in complaint to enforce lien cured by answer.-Heberling v. Day, 908. 408 (Or.) Objection that complaint did not state cause of action never waived.-Duby v. Hicks, 156. 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. contest denied where objections can be cured by amending pleadings.-Castagnetto v. Superior Court in and for Mariposa County, 548. 3(1) (Cal.) Refused because claimed res judicata was available on return to order to 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. 433 (5) (Or.) Defective allegations of complaint cured by verdict, but failure to state cause of action not cured.-Duby v. Hicks, 156. C435 (Cal.) Failure of cross-complaint for divorce to allege facts concerning plaintiff's residence not cured by findings.-Bullard v. Bullard, 361. 25 (Cal.App.) Lien of pledge not lost by renewal of debt.-Anglo-California Trust Co. v. Wallace, 78. closing of street.-Garin v. Pelton, 378. (Cal.) Court's error in exercise of its jurisdiction cannot be controlled by writ of prohibition.-Castagnetto v. Superior Court in and for Mariposa County, 548. 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. fendant.-Id. 5 (Wash.) Whether defendant accepted earnings of common prostitute held for jury.State v. Everett, 519. 6 (Wash.) Sentence imposed for accepting earnings of common prostitute held not so excessive as to show an abuse of discretion.State v. Miles, 518. 6 (Wash.) Sentence of 42 years to 5 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 | 442 (7) (Utah) Evidence as to manner of not excessive.-State v. Everett, 519. driving horses on other occasions held properly excluded.-Smith v. Utah-Idaho Cent. R. Co., 235. PUBLIC IMPROVEMENTS. See Municipal Corporations, 518–522. 443 (7) (Cal.App.) Evidence held to show negligence as to cows on track.-Hansen v. Northwestern Pac. R. Co., 63. 446(1) (Okl.) Negligent injury to animal held question for court.-McAdoo v. MeCartney, 654. 447(2) (Okl.) Instruction on negligence in killing animal justified by evidence.-Mills v. Stewart, 770. (B) Entries, Sales, and Possessory Rights. 39(3) (Cal.App.) Effect of filing of declara-447 (2) (Okl.) Instruction on negligence in tory statement to locate town site stated. killing animal.-Mills v. Williams, 771. Placer County v. Lake Tahoe Ry, & Transportation Co., 900. 41 (Cal.App.) Burden held upon occupant of public commons to overcome prima facie case made by introduction of map showing dedication.-Placer County v. Lake Tahoe Ry. & Transportation Co., 900. Actual occupancy prior to location of town site not shown.-Id. Evidence held insufficient to show right of railroad company in public commons.-Id. PUBLIC SERVICE COMMISSIONS. 2 (Colo.) Public Utility Act held not unconstitutional.-Pirie v. Public Utilities Commission, 640. RAPE. II. PROSECUTION AND PUNISHMENT. (B) Evidence. 51(1) (Cal.App.) Evidence held to justify verdict of guilty.-People v. Pearson, 803. 53(3) (Cal.App.) Evidence held to show intent to commit.-People v. Mit Singh, 1013. REAL ACTIONS. See Ejectment; Partition; Quieting Title. RECEIVING STOLEN GOODS. 2(Colo.) Tampering with shipping tags and waybills misplacing delivery held constructive theft.-Shaw v. People, 812. 32 (Colo.) Finding of commission as to 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 Commis- were stolen need not be actual.-People v. Merson, 640. cado, 1035. PUBLIC SERVICE CORPORATIONS. See Carriers; Electricity; Gas; Railroads; Street Railroads. QUIETING TITLE. I. RIGHT OF ACTION AND DEFENSES. 12(7) (Colo.) Plaintiff must be in actual possession. Crandall v. Crandall, 814, 23 (Okl.) One not in possession may sue for possession and to quiet title by suing to cancel deeds constituting cloud on title.-Tidal Oil Co. v. Flanagan, 729. II. PROCEEDINGS AND RELIEF. 38 (Okl.) Judgment against defendant on disclaimer and allegation of conveyance of interest as trustee prior to action held proper.Brunson v. Lightfoot, 922. 47(1) (Cal.) Where execution of quitclaim deed disputed, instruction on prima facie presumptions arising from certificate of acknowledgment should have been given.—Biaggi v. Ramont, 892. 49 (Wash.) Decree quieting title held not erroneous for failure to charge owner with taxes paid by respondent.-Hendrickson v. Lyons, 1095. RAILROADS. See Street Railroads. X. OPERATION. (F) Accidents at Crossings. 307(6) (Cal.App.) Notice of time of operation of gates must be given.-Wyseur v. Davis, 213. 346 (5) (Cal.App.) Reasonable inference nonresident did not know hours for operation of crossing gates.-Wyseur v. Davis, 213. ~350 (21) (Cal.App.) Contributory negli gence of automobile occupant question of fact.Wyseur v. Davis, 213. 5 (Colo.) Voluntary delivery to accused held not a retaking defeating conviction.-Shaw v. People, 812. 8(3) (Cal.App.) Evidence held to support conviction.-People v. Mercado, 1035. 8 (3) (Colo.) Evidence of claims against carrier unnecessary to convict.-Shaw v. People, 812. that 9(1) (Cal.App.) Guilty knowledge goods were stolen need not be actual and is a jury question.-People v. Mercado, 1035. 9(1)(Colo.) Voluntary delivery of stolen goods no defense where made for purpose of apprehending recipient.-Shaw v. People, 812. RECORDS. See Appeal and Error, 494-714; Criminal Law, 1091-1124. 92 [New, vol. 12A Key-No. Series] (Cal.App.) Transfer of automobile to plaintiff prior to action established ownership and right to maintain action.-Taylor v. Bernheim, 55. 92 [New, vol. 12A Key-No. Series] (Cal.App.) Party, in whose name automobile registered, not deprived of right to maintain action for injury, though purchased with funds of another.-Whitworth v. Jones, 60. REFERENCE. See Arbitration and Award. REFORMATION OF INSTRUMENTS. I. 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 to show mistake though contract within statute of frauds.-Key v. Vidovich, 375. requir-45 (3) (Cal.App.) Evidence insufficient to show mistake in not providing for sale subject to incumbrance.-Key v. Vidovich, 375. (H) Injuries to Animals on or near Tracks. 419(4) (Utah) Instructions on care ed as to animals on track held proper.-Smith v. Utah-Idaho Cent. R. Co., 235. RELEASE. II. CONSTRUCTION AND OPERATION. 31 (Cal.App.) General release does not extend to claims not known or suspected.-Gaver v. Early, 390. RELIGIOUS SOCIETIES. ROBBERY. 24(1) (Cal.App.) Evidence held sufficient to warrant conviction.-People v. Sharp, 266. 24(3) (Cal.App.) Evidence of identity held sufficient to support conviction.-People Hahn, 268. SALES. V. 18 (Ca'.App.) Grant to church trustees held gift to church, vesting legal title in trus- See Taxation, 696-708; Vendor and Purtees, as depositary of title.-Brittenbaker v. Buck, 264. REMAINDERS. 17(3) (Cal.) Possession of life tenant's grantee held ouster of remaindermen.-Akley v. Bassett, 576. REMOVAL OF CAUSES. VI. PROCEEDINGS TO PROCURE AND EF. chaser. 1. REQUISITES AND VALIDITY OF CONTRACT. 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. Goods. IV. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of be-179(4) (Or.) If buyer keeps article delivered 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. 86(7) (Okl.) Petition filed when case comes removable in time, although after defendant required to answer.-New England Oil & Pipe Line Co. v. Broyles, 312. 89(1) (Okl.) State court not bound to surrender jurisdiction until face of the record 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. I. 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. 182(1) (Wash.) Whether seller of cants 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. who accepted 202(2, 3) (Wash.) Seller 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 warranties held not to warrant rebuilt tractor. nec--Friesen v. Hart-Parr Co., 986. 22 (Ariz.) One not in possession not a essary party.-Scottsdale Ginning Co. v. Longan, 876. 22 (Cal.App.) Attaching creditor may be joined with attaching officer as defendant. Taylor v. Bernheim, 55. 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 Buyer's use of article unlike that described tending to establish title to sustain replevin in contract does not constitute waiver of perwhere 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, 55. VII. REMEDIES OF SELLER. 72 (Kan.) Evidence held to sustain plaintiff's ownership of property.-Brunswick-Balke-377 (Cal.) Complaint held sufficient to give court jurisdiction.-Trans-Pacific Trading Co. Collender Co. v. Witt, 815. Evidence held to sustain verdict as to value. v. Patsy Frock & Romper Co., 357. -Id. 384(2) (Idaho) Measure of damages for refusal to perform sales contract stated.-O. A. Olin Co. v. Lambach, 277. VIII. REMEDIES OF BUYER. (C) Actions for Breach of Contract. 417 (Wash.) Evidence held insufficient to show consignee could have minimized damages by storing lumber instead of allowing railroad demurrage to accrue.-R. P. Arkley Lumber Co. v. Vincent, 690. 418(19) (Wash.) Demurrage charges held recoverable as proximate result of breach of contract where lumber shipment was rejected. -R. P. Arkley Lumber Co. v. Vincent, 690. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER of Warranty. SEARCHES AND SEIZURES. 426 (Or.) Seller must deliver machine de-3 (Or.) Statute requiring affidavit showing er for breach.-Id. Buyer agreeing to return property in case of Requirement that buyer return defective ma- IX. CONDITIONAL SALES. 472(3) (Cal.App.) Assignee of fictitious 479(2) (Cal.App.) Seller under conditional 479(9) (Wash.) Money judgment for any 6 (Kan.) Evidence held sufficient to oust III. POWERS, DUTIES, AND LIABILITIES. 11 (Kan.) Law providing for levy and (B) Creation, Alteration, Existence, and 557. SHIPPING. VIII. CARRIAGE OF PASSENGERS. 22 (Kan.) County superintendent may or-166(3) (Wash.) Passenger, who tried to See Statutes, 68-102. SPECIFIC PERFORMANCE. 39 (Kan.) Failure to postpone notices of 160 (Okl.Cr.App.) Parent held not liable to Instructions as to duty of parent educating Sufficiency of facilities for education of child 164 (Kan.) Annual meeting of school dis- IN GENERAL. 10(2) (Kan.) Decree may be rendered as II. CONTRACTS ENFORCEABLE. rental to be agreed on held enforceable.- IV. PROCEEDINGS AND RELIEF. 121 (8) (Cal.App.) Findings as to truth of STATES. II. GOVERNMENT AND OFFICERS. 53 (Okl.) Governor's disapproval of appro- ice to State Commissioner of Highways entitled States 64 (Okl.) Duty of Auditor to issue warrant 67 (Okl.) State Auditor and State Board 68 (Okl.Cr.App.) Law applying uniformly 76 (6) (Utah) Tax statute for cities of first 68 (Okl.) Statutes relating to Board of 73 (Okl.) State Auditor is one of the ex- 76 (Okl.) Auditor is state's accountant, and 82 (Idaho) Additional duties imposed on 93 (8) (Okl.Cr.App.) Law creating munici- IV. FISCAL MANAGEMENT, PUBLIC DEBT, San Diego County, 993. AND SECURITIES. 131 (Okl.) Where an appropriation has not 132 (Idaho) Purpose of appropriation for III. SUBJECTS AND TITLES OF ACTS. 105(1) (Or.) Constitutional requirement C138 (Okl.) On issuance of warrant by Audi- I. ENACTMENT, REQUISITES, AND VA- 33 (Okl.) Provision permitting Governor to Item of appropriation bill disapproved by 123(4) (Or.) Provision for levy of special VI. CONSTRUCTION AND OPERATION. 184 (Or.) Declared purpose controlling un- 190 (Nev.) Where language is plain, there 194 (Ariz.) Specific provisions of statute 197 (Cal.App.) “And” may be substituted 64(7) (Okl.Cr.App.) That statute provides |