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of 1913, as amended by Chapter 337 of the Laws of 1915. The "state engineer" being substituted for the "state highway engineer" by the later act, there can be no question but that all the duties coming within the purview of the statute would devolve upon the state engineer, and for this reason the enactment of 1915 provides the assistance of a deputy for that official. It also subjects the state engineer to the duty of responding to the requisitions of the highway commission in the matter of the construction of state roads. These additional explanations cover all the interrogatories submitted by the petition, in so far as they pertain to the issues raised in this proceeding.

Other points are ably argued, but are not involved in the litigation, so as to authorize this court to adjudicate the same. With this explanation, a rehearing will be denied. DEMURRER OVERRULED. REHEARING DENIED.

MR. JUSTICE EAKIN took no part in the consideration of this case.

78 Or.-42

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INDEX.

ABANDONMENT.

Bee Contracts, 3.

ABATEMENT AND REVIVAL.
Abatement and Revival-Plea in Abatement-Waiver-Answering to
Merits.

1. Where defendants, sued by a foreign corporation, filed a plea
in abatement that the corporation had not complied with the stat-
utes authorizing foreign corporations to transact business within
the state, they did not waive such plea by answering and pleading
to the merits when the plea was overruled. (Weiser Land Co. v.
Bohrer, 202.)

See Contempt, 2.

ABSTRACT OF RECORD.

ACCOUNTING.

See Partnership, 1, 2.

ACCRETIONS.

See Navigable Waters, 3.

ACQUIESCENCE.

When Act will not Work an Estoppel.

See Contracts, 2.

ACTION.

See Bills and Notes, 5.

See Cancellation of Instruments, 1, 3.

See Carriers, 1.

See Courts, 1, 2.

See Master and Servant, 1, 3, 6–8, 10, 12, 17, 20.

See Partnership, 1, 2.

See Vendor and Purchaser, 4.

ADEQUATE REMEDY AT LAW.

See Instructions, 1.

ADMISSIONS.

See Evidence, 9.

See Pleading, 11.

ADULTERATION.

See Food, 1.

AFFIDAVIT.

Absence of Counter-affidavits on Motion to Change Venue.

See Venue, 1.

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