Transfer of Stock may by special contract be conditioned on payment of all indebtedness to corporation by stockholder, p. 325. To same effect in Ralston v. Bank, 112 Cal. 214, holding no conversion shown by such refusal to transfer. Note citations to above note: Wilson v. Railway Co., 32 Am. St. Rep. 640, Lund v. Mill Co., 36 Id. 626, on stock transfers. Powers of Corporate Officers are presumed to extend to all acts usual and incidental to its ordinary business, p. 328. To same effect in Greig v. Riordan, 99 Cal. 322, sustaining assignment by general managing agent of chose in action for collection. 79 Cal. 332-335. CRAMER v. TITTLE. Cited erroneously in State v. Root, 5 N. Dak. 506, 57 Am. St. Rep. 582, on disbarment. 79 Cal. 336-346 PEYRE v. PEYRE. Permanent Alimony is not grantable when divorce denied unless proceedings had under section 136 of Civil Code, p. 338. Cited in McMullin v. McMullin, 123 Cal. 655, noted under Hagle v. Hagle, 74 Cal. 608. Distinguished in Benton v. Benton, 122 Cal. 397, granting such allowance in case of extreme cruelty causing desertion. Note citations: See below. Divorce Counsel Fee.-Amount is within court's judgment without production of evidence, p. 339. To same effect in McCloskey v. McCloskey, 68 Mo. App. 202, sustaining allowance made. Note citations: Ex parte Spencer, 17 Am. St. Rep. 271, on alimony; Kincheloe v. Merriman, 26 Id. 62, on counsel fees. 79 Cal. 340-341. PACIFIC ROLLING MILL CO. v. TELEGRAPH HILL CO. Order Granting New Trial for insufficiency of evidence will be affirmed unless discretion abused therein, p. 341. Approved in Brossard v. Morgan, 6 Idaho, 482, following rule. See note 13 Am. St. Rep. 488. 79 Cal. 347-350. CARDWELL v. COUNTY OF SACRAMENTO. Navigable Streams are those navigable during ordinary stages of water, p. 349. See note to St. Louis etc. Co. v. Ramsey, 22 Am. St. Rǝp. 201, on general subject. 79 Cal. 351-365. CENTRAL IRRIGATION DISTRICT v. DE LAPPE. S. C. see IN RE CENTRAL ETC. DIST., 117 Cal. 387, 388, 396, dis cussing its effect as res judicata. Irrigation Districts.-Wright Law (Stats. 1887, p. 29) is constitution- See Crall v. Poso etc. Dist., 87 Cal. 145, In re Madera etc. Dist., 92 Cal. Cited in Herring v. Irrigation Dist., 95 Fed. 715, noted under Irrigation Dist. v. Williams, To same effect in People v. Selma etc. Dist., 98 Cal. 208, discussing Irrigation Districts-Boundaries.-Description in petition is sufficient To same effect in In re Madera etc. Dist., 92 Cal. 330, 27 Am. St. Rep. Parol Evidence is admissible to explain and locate calls in description, Recording of Municipal Ordinance is not essential to its validity, 358. p. To same effect in San Luis Obispo v. White, 91 Cal. 436, on point that Description.-Calls for courses and distances are controlled by monu- Cited in Miller v. Grunsky, 141 Cal. 456, noted under Colton v. Seavey, Recording of Municipal Ordinance is not essential to its validity, p. 358. Cited in Allen v. City, 107 Iowa, 97, construing local statutes. Irrigation Districts.-Errors in proceedings do not vitiate when un- Notes Cal. Rep.-239. See note to Gulf etc. Co. v. James, 15 Am. St. Rep. 753, on insignificant errors. Irrigation Bonds may be made severally payable in installments, p. 363. To same effect in In re Madera etc. Dist., 92 Cal. 339, 27 Am. St. Rep. 138, discussing validity of order for issuance of bonds, and cited further under other syllabi. 79 Cal. 365-375. BAKER v. DUCKER. Parties-Plaintiffs. When having common interest and parties are numerous, some may sue for benefit of all, p. 372. To same effect in Wheelock v. Church, 119 Cal. 482, as to action by part of church members on division of church. Corporate Records.-Constitution and by-laws of church are binding when written in record book by minister and acted upon as valid, p. 373. See note to Ten Eyck v. Railroad Co., 16 Am. St. Rep. 640, on general subject. Church Association.-Majority of members cannot divert its property to use of different church organization, p. 374. To same effect in Wheelock v. Church, 119 Cal. 487; also, cited supra; Smith v. Pedigo, 145 Ind. 391, awarding property to minority when following original faith and objects; Los Angeles etc. Band v. Spiers, 126 Cal. 545, discussing attack on de facto religious corporation; Horsman v. Allen, 129 Cal. 135, discussing rights of majority and minority factions in church schism; and cf. Gemeinde v. Keil, 61 Kan. 79. Note citations: Connelly v. Association, 18 Am. St. Rep. 302, on redress in law courts against acts of lodges; Avery v. Baker, 20 Id. 674, on religious societies. 79 Cal. 375-381. COUNTY OF YOLO v. BARNEY; 12 Am. St. Rep. 152. Adverse Possession may be established of municipal lands unless dedicated to public use, p. 378. To same effect in San Francisco v. Straut, 84 Cal. 125 (cited in Pacific etc. Co. v. Ellert, 64 Fed. Rep. 434), allowing such possession as to interest of San Francisco in beach and water lots, and Ames v. San Diego, 101 Cal. 394, ruling similarly as to pueblo lands not held for specific public use; Board v. Martin, 92 Cal. 218, denying it as to schoolhouse site reserved under Van Ness ordinance; McClellan v. Town, 49 W. Va. 678, quoting note 76 Am. St. Rep. 474; Proctor v. San Francisco, 100 Fed. 351, noted under Hoadley v. San Francisco, 50 Cal. 265; note to Schneider v. Hutchinson, 76 Am. St. Rep. 487-494. Note citations: Mount Hope Cemetery v. Boston, 35 Am. St. Rep. 536, on municipal property. Dedication to Public Use is shown by assent of owner, and use by public, p. 381. See note to Board v. Seal, 14 Am. St. Rep. 549; Mason v. Sioux Falls, 39 Id. 811, and Chicago v. Ward, 61 Id. 202, on general subject; Crocker v. Collins, 34 Id. 757, on extinguishment of highways. 79 Cal. 382-388. IN RE CARPENTER; S. C. ESTATE OF CARPENTER, 94 Cal. 406, 409, 127 Cal. 582. Wills-Sanity of Testator.-Question whether witness was "intimate acquaintance" is addressed to discretion of court, p. 386. To same effect in Wheelock v. Godfrey, 100 Cal. 584, holding witness competent under facts. 79 Cal. 388-402. KAHN v. BOARD OF SUPERVISORS. Street Opening-Petition.-Sufficiency of signatures is not conclusively determined by decision of mayor, or of county court, pp. 396, 400. To same effect in In re Madera etc. Dist., 92 Cal. 334, 27 Am. St. Rep. 134, as to proper execution of petition for formation of irrigation district. Distinguished in Spaulding v. Association, 87 Cal. 41, 42, 46, holding action of supervisors conclusive in proceedings under Stats. 1871-2, p. 805. Municipal Bonds are void when proceedings improper, and not issued according to law, p. 402. See note to Ruohs v. Athens, 30 Am. St. Rep. 862, and Jones v. Camden, 51 Id. 840, on general subject. 79 Cal. 402-404. FENTON v. ALSIP. Vendee may recover back purchase money without reconveyance when deed not convey property purchased, p. 403. See note to Easton v. Montgomery, 25 Am. St. Rep. 132, on general subject. 79 Cal. 404-409. SHARP v. HOFFMAN. Diversion of Water.-Plaintiff must show right to use waters, interference therewith and consequent damage, p. 406. To same effect in Hewitt v. Story, 64 Fed. Rep. 520, denying recovery under facts. Note citations: Alta etc. Co. v. Hancock, 20 Am. St. Rep. 226, on general subject. Order Granting New Trial because verdict contrary to weight of evidence is reversible only for abuse of discretion therein, p. 407. See note to Chapman v. City Council, 13 Am. St. Rep. 685, on appellate proceedings. Cross-examination may be had as to any matter directly or indirectly bearing on any part of direct examination, p. 408. To same effect in People v. Ebanks, 117 Cal. 665, sustaining crossexamination of defendant testifying in own behalf; Estate of Kasson, 127 Cal. 500, noted under People v. Benson, 52 Cal. 380. Note citations: Hitchcock v. Moore, 14 Am. St. Rep. 480, on general subject. 79 Cal. 409-411. DREYFUSS v. GILES. Mortgage Claim need not be presented where all recourse against remainder of estate is expressly waived, p. 410. To same effect in Anglo-Nevada etc. Corp v. Nadeau, 90 Cal. 397, sustaining action of foreclosure without such presentation. 79 Cal. 411-414. SHARP v. BLANKENSHIP. Declarations of Grantor at and before sale are admissible against grantee as to location of disputed boundary line, p. 413. To same effect in Williams v. Harter, 121 Cal. 52, admitting certain evidence. Note citations: Taylor v. Glenn, 13 Am. St. Rep. 728, on boundaries. Instructions may be refused when already given in substance, p. 414. See note to Smith v. Irwin, 14 Am. St. Rep. 703, on general subject. 79 Cal. 415-419. PEOPLE v. BOWERS. Misconduct.-Remarks of Counsel when improper are reversible error, p. 417. To same effect in People v. Hamberg, 84 Cal. 474; People v. Devine, 95 Cal. 231, and People v. Wells, 100 Cal. 463, cited under People v. Lee Chuck, 78 Cal. 327. Cited in People v.. Valliere, 127 Cal. 66, reversing judgment accordingly; People v. Deibert, 138 Cal. 471, noted under People v. Lee Chuck, 78 Cal. 327. 79 Cal. 420-428. CURDY v. BERTON; 12 Am. St. Rep. 157. Constructive Trust will be imposed on legatee in will in trust not defined, who accepts verbal purposes thereof afterward communicated, p. 423. Cited in Randsdell v. Moore, 153 Ind. 419, noted under Brison v. Brison, 75 Cal. 525; Ludington v. Patton, 111 Wis. 257, establishing trust in favor of widow as against executors and trustee under husband's will. See note 24 Am. St. Rep. 257. 79 Cal. 428-433. PEOPLE v. STEPHENS. Once in Jeopardy.-Acquittal on charge of libel in publication of one part of article is bar to prosecution for publication of another part, p. 429. |