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(G) Jurisdiction and Proceedings of Apom 1127 (Cal.) A motion to affirm, amounting
pellate Court After Remand. to an advancement of the hearing of the appeal, Om 1221 (Utah) After reversal on defendants' without good reason therefor, will be denied. - appeal and remand to the trial court with diChino Land & Water Co. v. Hamaker, 154 P. rections to enter judgment for defendants, the 850.
Supreme Court had jurisdiction to amend its (C) Modification.
judgment to make it conform to the opinion of Cm1151_(Wash.) In a death action under the the majority of the court where there was a federal Employers' Liability Act tried without difference between the opinion and the judga jury, held that, as it is tried de novo, on
ment.--Mountain Lake Mining Co. v. Midway appeal, the Supreme Court may make deduction | Irr. Co., 154 P. 584. for the contributory negligence of deceased and affirm.-Anest v. Columbia & P. S. R. Co., 154 XVIII. LIABILITIES ON BONDS AND P. 1100.
UNDERTAKINGS. C153 (Cal. App.) Failure of a judgment in an 1234 (Cal.App.) A bond, given in a suit to suit to rescind contract for exchange of jack declare a trust in land, to secure stay of execufor horse, to provide for return of the jack on satisfaction of the money judgment, could be enable defendant to collect the rents pending
tion of an order appointing a receiver and to corrected by judgment rendered on the appeal, her appeal from such order, held intended to without remand.-Coats v. Hord, 154 P. 491.
indemnify plaintiff, if final judgment on the
merits was eventually obtained by him, against (D) Reversal.
any damage resulting from the defendant's colOn 1170 (Ariz.) The filing of an unnecessary
lection of rents pending her appeal from the reply is a technical defect which will not, un- order appointing a receiver.-Borges v. Hillder Const. art. 6, § 22, warrant reversal. man, 154 P. 1075. Crane r. Franklin, 154 P. 1036.
Om 1237 (Wash.) Under Rem. & Bal. Code, & Cam 1170 (Cal. App.) Under Const. art. 6, § 442, 1739, providing that, on affirmance of a money denial to an attorney, defendant in the cause, judgment, judgment shall be rendered against who was represented by an attorney of record the appellant and his sureties for the amount of and would testify in his own behalf, of leave to the judgment appealed from, and for damages cross-examine a witness, held not reversible er and costs on the appeal, the plaintiff, who seror.-Carter v. Holt, 154 P. 37.
cured a judgment for nersonal injuries, was enem 1170 (Okl.) Rulings on evidence held not to tate of the deceased surety on
titled to a summary judgment against the esrequire a reversal under Rev. Laws 1910, $
a supersedeas 6005, where it appeared that there was no mis bond.-Olson v. Seldovia Salmon Co., 154 P.
1107. carriage of justice or substantial violation of any statutory or constitutional right.-Link-en 1239 (Cal. App.) Plaintiff, in action in which hart v. Kirkhart, 154 P. 645.
a receiver was appointed and in wbich defendem 1175 (Idaho) Though the verdict in replevin from such order, could maintain an action
ant therein gave bond to pay costs on appeal is in the alternative and the judgment makes against the sureties on such bond before final no provision for return of the property, the judgment in the action in which the receiver case will not be remanded if it clearly appears was appointed, where the order appointing the that return cannot be had.-Cady v. Keller, 154 receiver was affirmed on the appeal from it.P. 629.
Borges v. Hillman, 154 P. 1075. Cum 1 175 (Okl.) In purely equitable cases the 1240 (Wash.) Where, pending entry of deSupreme Court may consider the entire record, cree of affirmance on appeal, surety on superand, if the judgment is clearly against the evi- sedeas bond died, the judgment creditor could dence, may render or cause to be rendered such proceed against his estate as a principal obligor, judgment as should have been rendered below. for as between obligors and obligee all of the --Jones v. Thompson, 154 P. 1139.
former are principal debtors, though as between Om 1177 (Cal.App.) Where, in a proceeding to themselves they enjoy the relation of principal establish title to land, it was found that plain and surety.-Olson v. Seldovia Salmon Co., 154 tiff's tax title was invalid, the appellate court, P. 1107. no finding having been made, should not deter- m 1243 (Cal.App.) Plaintiff, in an action inmine what amount plaintiff paid for his tax ti- volving real property in which a receiver was tle on competitive bidding above the amount of appointed for the rents, could maintain an actaxes due, but the cause should be remanded for tion against the sureties on the bond given by that purpose.-O'Reilly V. All Persons, 154 P. defendant to enable her to collect the rents 474.
pending her appeal from the order of appointCu! 178 (Cal.) Wbile Code Civ. Proc. § 1714, ment though the judgment in the main action abolished new trials in probate proceedings ex
had not become final so that the court had cept in will contests, an appellate court may, on
not discharged the receiver when the suit was appeal from a decree of distribution, order the brought.-Borges v. Hillman, 154 P. 1075. doing of anything which the probate court should
Under Code Civ. Proc. 88 939, 1049, touching have done in the exercise of its jurisdiction. In the time for appeals, and providing that an acre Vanderhurst's Estate, 154 P. 5.
tion is pending from commencement until the
time for appeal has passed, an action against (F) Mandate and Proceedings in Lower given to secure a stay of execution of an order
the sureties on the bond of defendant in a suit cum 1189 (N. M.) Under Supreme Court rule brought within six months after judgment in
appointing a receiver, etc., held prematurely 15 (154 Pac. xxxviii), held, that the clerk should the main action.-Id. issue a mandate on request where all costs have been paid by either party, and not withhold same until an appellee against whom judgment
APPEARANCE. for costs has been entered in the Supreme Court satisfies such judgment.-Thayer v. Denver & R. See Corporations, Cw508; Justices of the G. R. Co., 154 P. 691.
Peace, 84, 161. w 1195 (Utah) Holding on former appeal that my 9. (Okl.) The filing of a motion setting forth contract between parties was evidenced by tele- both jurisdictional and nonjurisdictional grounds grams, and that agreement of third party was for dismissal held a general appearance, though neither authorized nor ratified by defendant, denominated a special appearance.-St. Louis held the law of the case on retrial.-Tyng v. Cordage Mills v. Western Supply Co., 154 P. Constant-Loraine Inv. Co., 154 P. 767.
Om 9 (Utah) Filing a general demurrer consti- I. REQUISITES AND VALIDITY. tutes a general appearance.-McMillan v. For- (A) Property, Estates, and Rights Assignsythe, 154 P. 959.
able. moló (Okl.) Filing of answer claiming damages w20 (Okl.) A written contract of sale of land after overruling of special appearance held a for $2,500, $1 cash in hand and the remainder general appearance waiving any error in over
to be paid within two years, subject to an ruling a special appearance.
.-Hamra v. Fitz
existing mortgage of $1,200, held assignable.patrick, 154 P. 665.
Marker v. Gillam, 154 P. 351. Omw 19 (Kan.) Defendants appearing by counsel to resist the granting of a temporary injunction (B) Mode and Sufficiency of Assignment. are in court for all purposes without issuance of 48 (Wash.) Though a contract for complesummons.-Arment v. Dodge City, 154 P, 219.
tion of a public improvement, which required 24 (Mont.) Under Rev. Codes, $ 6526, a the contractor to pay the debts of his predegeneral appearance must be voluntary to consti- cessor, did not warrant a city in paying claims, tute a waiver of defective service of process.
yet, on payment, the city became the owner State v. District Court of Second Judicial Dist. by process of equitable assignment.-Paul v. in and for Silver Bow County, 154 P. 200.
City of Vancouver, 154 P. 453. Where defendant, resident of another state, served with summons while in the state to attend court as a witness, made proper objection
III. RIGHTS AND LIABILITIES OF
PARTIES. and exception, and in his answer again reserved the question, he did not by general appearance on 100 (Wash.) Claims against a public conwaive his right to object to the jurisdiction.-Id. tractor held not negotiable, so that a city which
by paying the claims became the equitable ownAPPLICATION.
er, could not cut off defenses available to the
contractor.-Paul v. City of Vancouver, 154 P. See Corporations, C590; Payment, w 47. 453.
Where a public contractor was allowed to APPOINTMENT.
urge all defenses to claims good as against his
predecessor, payment of which he assumed, held, See Executors and Administrators, 20; Of-that he was not harmed because the city paid ficers, Ow7; Trusts, Ow160.
the claims, and deducted the amount thereof
from the contract price.-Id. APPORTIONMENT.
IV. ACTIONS. See Municipal Corporations, m466; Taxation,
129 (Okl.) Where a written contract of 299.
sale of land was assigned as collateral security APPROPRIATION.
for faithful performance of a building contract
by the assignor, the assignee could sue the See States, Eww130–132; Waters and Water original vendor for breach of the contract of Courses, Omw 152.
sale, without making the assignor a party
Marker v. Gillam, 154 P. 351.
ASSIGNMENTS FOR BENEFIT OF See Contracts, Om198.
I. REQUISITES AND VALIDITY. See Contracts, m9, 287.
(A) Nature and Essentials of Trusts for
34 (Or.) An assignment for the benefit of See Appeal and Error, Cm1060; Criminal Law, creditors, where it is fair and without fraud, Om 706, 730; Trial, em 10842-133.
is valid, though the effect of the assignment is
Chrisman, 154 P. 908.
II. CONSTRUCTION AND OPERATION
em 174 (Or.) Whether the property in the pos
session of the agent of an assignee for benefit See Homicide, om 86, 120.
of creditors was the property intended to be
assigned held, under the evidence, for the jury. II. CRIMINAL RESPONSIBILITY.
-Sabin v. Chrisman, 154 P. 908. (B) Prosecution and Punishment.
em 175 (Or.) An assignment of the goods of a
merchant held sufficient to include a stock of 091 (Okl.Cr.App.) Evidence held to sustain stoves, the property being described as general a conviction of assault with intent to do bodily merchandise, this being true though the merharm.-Rushing v. State, 154 P. 1005.
chant had two stores.--Sabin v. Chrisman, 154
ance, Om755-825. ASSIGNMENT OF ERRORS.
ASSUMPSIT, ACTION OF. See Appeal and Error, m719.
See Account Stated; Money Received; Work ASSIGNMENTS.
and Labor. See Assignments for Benefit of Creditors;
ASSUMPTION OF RISK.
See Master and Servant, O217--226, 288, 295.
attorney, defended on the ground that they had
been rendered gratuitously, evidence held to sus-
tain a verdict for defendant.-Cadle v. Black,
154 P. 997.
em 167 (Wyo.) In an attorney's action to re-
statements to a third person acting for defend-
titled to under the evidence. Cadle v. Black,
154 P. 997.
believed in determining plaintiff's original in-
tention, or whether his services were offered
and rendered gratuitously.-Id.
to a third party acting in the interest of the
defendant, held properly refused as misleading.
ceiver and substitution of new receiver and at-
torney, the attorneys for the first receiver filed
for invalidity held properly overruled where all
parties affected by the judgment were not before
See Negligence, On 39.
See Affidavits, en 5; Principal and Agent,
II. IN CRIMINAL PROSECUTIONS.
for a capital offense, to determine whether the
thereof great, the burden is on the petitioner.
Ow73 (Kan.) Under Cr. Code, $ 146 (Gen. St.
third person in lieu of bail and the accused has
been surrendered, the money should be returned
to the owner.-Campbell v. Board of Com'rs of
money in lieu of bail held not to estop such per.
under arrest by another officer for commission
an of another offense shortly before he was sur-
money in lieu of bail for his appearance, held A subscriber to the stock of a bank must use
board of directors or stockholders, held void.
Cm 47 (Or.) In a suit by the superintendent of
on the stock.-Sargent v. American Bank &
48 (Or.) A transfer of bank stock to an-
other by defendant who had given practically
worthless property therefor, held not to protect
intendent of banks for the value of the stock,
where it appeared that the transaction was in
fact a retransfer to the bank.--Sargent v. Amer.
ican Bank & Trust Co. of Portland, 154 P. 759.
to define and regulate the business of banking,”
liability of a
by section 136, gives the superintendent of
Code, $ 322.-Williams v. Carver, 154 P. 472.
St. 1909, pp. 87, 115, § 136, providing that
the superintendent of banks may enforce the in-
thorizes the superintendent to enforce against
stockholders their liability due the bank, arising
upon assessments or nonpayment of subscrip-
tions to the corporate capital.-Id.
Sargent v. American Bank & Trust Co. of Port-
Fraudulent and unauthorized acts of bank
In a suit by the superintendent of banks for
defense that defendant had caused part of the
Where it appeared that the transaction was
fraudulent, and that defendant thereafter, as
president of the bank, represented it to be sol-
Defendant could not be heard to say by way
for the stock, where it appeared that after be-
coming president of the bank he converted such
property to his own use.-Id.
Where, in a suit by the superintendent of
banks for the unlawful conversion of bank stock,
it appeared that defendant had restored the
equivalent of that which he had unlawfully re-
ceived, and that the bank had not lost by the
transaction, plaintiff was not entitled to recov-
er for such conversion.-Id.
lent, held to authorize a suit in equity by the
BILLS AND NOTES.
In a suit by the superintendent of banks See Evidence, 441; Insurance, 187;
(A) Instruments Negotiable.
Om 165 (Ariz.) The negotiability of a note held
4148, by the addition of a notation for payment
of Bisbee, 154 P. 1040.
an interest on the payment of the note held to
V. RIGHTS AND LIABILITIES ON IN-
DORSEMENT OR TRANSFER.
(D) Bona Fide Purchasers.
when he buys.-Keisel v. Baldock, 154 P. 1194.
on its face such marks of infirmity as would
firmities.-Keisel v. Baldock, 154 P. 1194.
A special indorsement retaining an interest,
held to put a purchaser of the note transferred
on inquiry as to the indorser's interest and
interest retained by the indorser held liable to
the indorser for the amount of such interest.-
Keisel v. Baldock, 154 P. 1194.
able to his order is presumed to be the owner
w 520 (Or.) Evidence held to show that the
note was procured by fraud.--Sink v. Allen, 154
given real estate agents for a commission, held
to sustain a finding that plaintiff was not a
holder in due course without notice of infirm-
ities, where it appeared that he had acted as
attorney for payees in a conference in which
tion and fraud of payees.--Brice v. Hawk, 154
525 (Or.) In an action on a note procured
through fraud, evidence held to show that the
'holder was not a bona fide purchaser for value
without notice.--Sink v. Allen, 154 P. 415.
Om537 (Utah) In an action by a bank, holder
of a note given for the price of a piano, evidence
held insufficient to support a nonsuit on the
grounds that the payee of the note made false
and fraudulent representations that he was the
owner of the piano, that he had no authority to
See Deeds, Omm 32.