For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
211 (Or.) Subtitle, adopted by compiler, 225 (Nev.) In case of ambiguity, construc-
has no legislative force.-Upham v. Bramwell, tion adopted should accord with intent and
100.
meaning of all statutes on the subject under
211 (Or.) That title would include legisla- consideration. In re Lavendol's Estate, 237.
tion not enacted no evidence that it was in-2251⁄2 (Utah) Rule of construction as to
tended.-Carson v. Olcott, 610.
general and special statutes stated.-Salt Lake
City v. Salt Lake County, 207.
214 (Or.) Magazine article held not author-
ity as to meaning.-Camas Stage Co. v. Kozer,
232 (Okl.) Proviso falls with statute re-
pealed. Harrison v. Harrison, 737.
.34, 95, 777
.1099
95
449
Act 1909, March 4, ch. 321, 35
STATUTES AT LARGE.
1789, Sept. 24, ch. 20, 1
Stat. 73. Amended 1887,
March 3, ch. 373, § 1, 24
Stat. 552; Act 1888,
Aug. 13, ch. 866, 25 Stat.
433
Pars. 447, 453, 454....
Par. 528..
1867, March 2, ch. 177, 14
1887, March 3, ch. 373, §
1888, Aug. 13, ch. 866, 25
1890, May 2, ch. 182, § 31,
876 $657. Amended by Laws
1898, June 28, ch. 517, §
Pars. 5273, 5282.
Par. 5328...
1915, ch. 105
1915, ch. 246
1915, ch. 246, art. 1, § 3.. 927
1915, ch. 246, art. 2, § 1.
Amended by Laws 1919,
ch. 14, § 4....
1915, ch. 246, art. 2, § 6.
Amended by Laws 1919,
ch. 14, § 9..
1915, ch. 246, art. 2, § 6,
subsec. 3. Amended by
Laws 1919, ch. 14, § 9,
subsec. 3.
1915, ch. 288, § 21.
932 $$ 6614, 6617, 6619,
417 $$ 6838-6854
6620 470 $8 1050, 1051, 1059.
1917, pp. 617, 618, 88 12-
.608, 610 §§ 7070-7079
4987150, 7162..
1921, p. 362, § 10.
1921, p. 596
1921, p. 707. Amended by
Laws 1921 (Sp. Sess.) p.
430 23
932 1921, p. 728. § 25. Amend-
ed by Laws 1921 (Sp.
Sess.) p. 24, § 3.
319 1921, pp. 729, 734, 739, §§
944 26, 37, 51..
9257. Amended by Laws
1917, p. 417.
OLSON'S OREGON LAWS.
474
.497
156 1917, p. 418, § 1........ 640 1921, p. 719, § 1.
100 1919, ch. 63
3371921, p. 720, § 2.
14(11) (Utah) Deferring hearing on issue
of damages in injunction action did not defeat
court's right to determine issue.-Utah Oil Re-
fining Co. v. District Court of Salt Lake Coun-
ty, 624.
Stipulation and order gave defendant right to
set up defense on deferred issue of damages.
-Id.
17(3) (Or.) Courts pass upon facts, and
cannot be limited by stipulation.-State v.
Funk, 113.
STREET RAILROADS.
ENFORCEMENT
AGAINST PERSONS OR PER-
SONAL PROPERTY.
(C) Remedies for Wrongful Enforcement.
605 (Okl.) Remedy in the Supreme Court
against illegal taxation extends only to persons
affected by state tax.-El Reno Wholesale Gro-
cery Co. v. Taylor, 749.
611(4) (Okl.) Proceedings to enjoin un-
lawful levy of state tax may be brought by any
person affected.-El Reno Wholesale Grocery
Co. v. Taylor, 749.
611(5) (Wash.) Complaint to enjoin col-
lection of taxes on ground of excessive valua-
tion held to state cause of action.-Finch v.
Grays Harbor County, 833.
II. REGULATION AND OPERATION.
85(4) (Cal.App.) Rights of automobile bus 611(6) (Wash.) Evidence held to prove as-
driver and motorman not equal.-Bibby v. Pa-sessor's valuation excessive.-Finch v. Grays
Harbor County, 833.
cific Electric Ry. Co., 387.
90(4) (Cal.App.) Motorman may
automobile driver will use care.-Bibby v. Pa-
cific Electric Ry. Co., 387.
99 (10) (Cal.App.) Automobile bus driver
negligent in failing to see street car.-Bibby v.
Pacific Electric Ry. Co., 387.
Evidence that other platted land was assess-
ed at same rate as plaintiff's unplatted land
not admissible, on issue of whether plaintiff's
land was given excessive valuation.-Id.
611(7) (Okl.) Collection of entire state
levy of taxes enjoined if wholly illegal.-El
Reno Wholesale Grocery Co. v. Taylor, 749.
X. REDEMPTION FROM TAX SALE.
3 (Wash.) Power of Supreme Court to 696 (Cal.) Law at time of tax sale governs
requiring pay-
grant supersedeas on denial of temporary in- right of redemption.-Biaggi v. Ramont, 892.
junction a matter of discretion.-State v. Su-708 (1) (Wash.) Statute
perior Court of Pacific County, 704.
SURETYSHIP.
See Principal and Surety.
See Highways, 127.
I. NATURE AND EXTENT OF POWER IN
GENERALA
28 (Okl.)_Power to levy tax not delegated
to Board of Equalization.-El Reno Wholesale
Grocery Co. v. Taylor, 749.
III, LIABILITY OF PERSONS AND PROP-
ERTY.
193 (Or.) Statute imposing privilege tax
and exempting property from ad valorem tax
valid.-Camas Stage Co. v. Kozer, 95.
V. LEVY AND ASSESSMENT.
(A) Levy and Apportionment.
302 (Okl.) Board of Equalization authoriz-
ed to add 20 per cent. to levy, only when levy
is necessary for expenses of state government.
-El Reno Wholesale Grocery Co. v. Taylor,
749.
Equalization Board in estimating amount
state may expect other than from tax levy must
include unexpended cash balance on hand.-Id.
(C) Mode of Assessment in General.
348 (Wash.) Improper to consider use to
which land could be put by cutting it into small
tracts and selling it at a large figure.-Finch
v. Grays Harbor County, 833.
(D) Mode of Assessment of Corporate
Stock, Property, or Receipts.
373 (Cal.) Statutory requirement that as-
sessor notify state board of nonoperative prop-
erty reported to state as operative held man-
datory. Great Western Power Co. of Califor-
nia v. City of Oakland, 553.
(F) Equalization of Assessments.
448 (Okl.) Duties of Board of Equalization
prescribed by statute held not to exceed consti-
tutional authority.-El Reno Wholesale Grocery
Co. v. Taylor, 749.
ment of assessments before foreclosure of de-
linquency certificate does not apply to certifi-
cates held by the county.-Maryland Realty
Co. v. City of Tacoma, 1.
708 (4) (Wash.) Personal service not re-
quired in proceeding to foreclose delinquency
certificate.-Maryland Realty Co. v. City of
Tacoma, 1.
XI. TAX TITLES.
(A) Title and Rights of Purchaser at Tax
Sale.
733 (Wash.) Announcement, on foreclosure
of delinquency certificate, that sale was sub-
ject to assessments not binding, when property
bid in by county.-Maryland Realty Co. v. City
of Tacoma, 1.
743 (Wash.) Foreclosure of delinquency
certificate by county, and subsequent sale by
county, gives title free from lien.-Maryland
Realty Co. v. City of Tacoma, 1.
745 (Cal.) Tax deed from collector to the
state only deed authorized at time of tax sale.
-Biaggi v. Ramont, 892.
TENANCY IN COMMON.
J. CREATION AND EXISTENCE.
3 (Mont.) Agreement to stake prospectors
for interest in claims located creates cotenancy,
not a mining partnership.-O'Hanlon v. Ruby
Gulch Mining Co., 1062.
II. MUTUAL RIGHTS, DUTIES, AND LIA-
BILITIES OF COTENANTS.
14 (Cal.) Act of cotenant in exclusive pos-
session manifesting intent to hold exclusively
is an actual ouster.-Akley v. Bassett, 576.
Rule of ouster by tenant in common inappli-
cable, where possession not instituted as such
tenant.-Id.
14 (Or.) No ouster when will was equiv-
ocal as to whether testator recognized anoth-
er's interest in land.-Currey v. Smith, 232.
That executor inventoried property and pe-
titioned for sale held not ouster of one owning
undivided interest with the testator.-Id.
15(1) (Cal.) When tenant in common ac-
quires title by prescription stated.-Akley v.
Bassett, 576.
15(2) (Or.) Acts of dominion sufficient to
bring notice home to cotenant sufficient to con-
stitute adverse possession.-Currey v. Smith,
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
15(4) (Cal.) Effect of ouster of infant 54(1) (Colo.) Court not required to advise
stated.-Akley v. Bassett, 576.
jury, at time of admission of evidence, as to
particular phase of case to which evidence was
applicable.-McAllister v. McAllister, 788.
15(5) (Cal.) When possession of tenant in
common adverse to other cotenants stated.-
Akley v. Bassett, 576.
15(7, 8) (Or.) Son held charged with con-
structive notice of father's deed of undivided
interest under which mother took exclusive pos-
session.-Currey v. Smith, 232.
Statute not prevented from running because
of ignorance of interest.-Id.
21 (Okl.) Subject to rights of cotenants,
each tenant in common equally entitled to ben-
efits of common property.-Kerfoot v. Green-
lee, 444.
22 (Mont.) Indebtedness of one cotenant to
another will not relieve the creditor from doing
his share of the representation work on mine
claim. O'Hanlon v. Ruby Gulch Mining Co.,
35 (Okl.) Cotenants may dispose of inter-
est without regard to his cotenant.-Kerfoot v.
Greenlee, 444.
Tenant in common owes no duty to his co-
tenant as to disposition of interest.-Id.
(B) Order of Proof, Rebuttal, and Re-
opening Case.
59(2) (Or.) Order of proof is within dis-
cretion of trial court.-Hansen-Rynning v. Ore-
gon-Washington R. & Nav. Co., 462.
66 (Wash.) Permitting plaintiff suing to
enjoin collection of taxes to reopen case to
prove payment of previous taxes held not er-
ror.-Finch v. Grays Harbor County, 833.
(C) Objections, Motions to Strike Out, and
Exceptions.
91 (Or.) No error to refuse to strike out
evidence given without objection when offered.
-Derrick v. Portland Eye, Ear, Nose & Throat
Hospital, 344.
V. ARGUMENTS AND CONDUCT OF
COUNSEL.
38(5) (Cal.) Delay of 17 years held laches 121(1) (Kan.) Argument referring to tes-
barring action for recovery of possession.-Ak-timony admitted for limited purpose on state-
ment of counsel, for different purpose error.-
ley v. Bassett, 576.
Hanks v. Yellow Cab & Baggage Co., 977.
125(2) (Wash.) Remarks of counsel in ar-
gument to jury as to credibility and integrity
See Assault and Battery 15-43; Fraud, of Japanese people held improper.-Interna-
18-64; Malicious Prosecution, 8-48; tional Lumber Export Co. v. M. Furuya Co.,
Municipal Corporations, 729-819; Negli- 858.
gence, ~67-141; Trespass,
Trover and Conversion.
TRADE-MARKS AND TRADE-NAMES
AND UNFAIR COMPETITION.
II. TITLE, CONVEYANCES, AND CON-
TRACTS.
23 (Cal.App.) Use of trade-name by one
not true owner may be restrained.-Evans v.
Shockley, 42.
33 (Cal.App.) Trade-name may be trans-
ferred separately from the business.-Evans v.
Shockley, 42.
I. ACTS CONSTITUTING TRESPASS AND
LIABILITY THEREFOR.
VI. TAKING CASE OR QUESTION FROM
JURY.
(A) Questions of Law or of Fact in Gen.
eral.
139(1) (Okl.) Where plaintiff establishes
facts precluding recovery, demurrer to evidence
will be sustained.-Williams v. Williams, 769.
139(1) (Okl.) Demurrer to evidence rea-
sonably supporting sufficient petition should be
overruled.-Mills v. Stewart, 770.
Not error to refuse to direct verdict for de-
defendant where petition sustained by compe-
tent evidence.-Id.
139(1) (Okl.) Demurrer to evidence rea-
sonably supporting sufficient petition should be
overruled.-Mills v. Williams, 771.
Where plaintiff establishes case by competent
10 (Or.) Breaking and entry gist of action. evidence, not error to deny defendant's request
-Nally v. Richmond, 871.
(B) Jurisdiction, Parties. Preliminary
Proceedings, and Pleading.
139(1) (Okl.) Demurrer to evidence of de-
fendant's counterclaim held proper.-Eves Tall
Chief v. Aaron, 915.
(D) Direction of Verdict.
40 (4) (Or.) Complaint held insufficient to
charge trespass by "searching" premises.169 (Or.) In absence of proof of represen-
Nally v. Richmond, 871.
tative character of plaintiff 'suing as a trustee,
court should direct a verdict for defendant.-
Parks v. Keeney, 497.
178 (Ariz.) On motion for directed verdict,
only facts tending to support plaintiff's case
considered.-Arizona Power Co. v. Hayes, 280.
VII. INSTRUCTIONS TO JURY.
(B) Necessity and Subject-Matter.
203(1) (Okl.) Instructions failing to sub-
mit with fairness both parties' theories errone-
ous.-J. Crouch & Son v. Huber, 764.
203(2) (Colo.) Consideration for contract
held to follow from verdict for share of com-
mission sued for, so that court properly refused
to submit question to jury.-Davies v. Everett,
799.
JV. RECEPTION OF EVIDENCE.
206 (Wash.) Refusal of requested charge
(A) Introduction, Offer, and Admission of that evidence of verbal admission should be scru-
Evidence in General.
tinized closely proper.-Allison v. Bartelt, 863.
37 (Cal.) Omission to assume burden of
proof waived by proceeding as if issues were
properly presented.-Ogilvie v. Etna Life Ins.
Co. of Hartford, Conn., 26.
(C) Form, Requisites, and Sufficiency.
228(1) (Cal.App.) Refused instruction con-
cerning auto driver's rights with reference to
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