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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