(B) Afrmance. 1127 (Cal.) A motion to affirm, amounting to an advancement of the hearing of the appeal, without good reason therefor, will be denied. Chino Land & Water Co. v. Hamaker, 154 P. 850. (C) Modification. 1151 (Wash.) In a death action under the federal Employers' Liability Act tried without a jury, held that, as it is tried de novo, on appeal, the Supreme Court may make deduction for the contributory negligence of deceased and affirm.-Anest v. Columbia & P. S. R. Co., 154 P. 1100. 1153 (Cal.App.) Failure of a judgment in suit to rescind contract for exchange of jack for horse, to provide for return of the jack on satisfaction of the money judgment, could be corrected by judgment rendered on the appeal, without remand.-Coats v. Hord, 154 P. 491. (D) Reversal. 1170 (Ariz.) The filing of an unnecessary reply is a technical defect which will not, under Const. art. 6, § 22, warrant reversal.Crane v. Franklin, 154 P. 1036. ←1170 (Cal.App.) Under Const. art. 6, § 41⁄2, denial to an attorney, defendant in the cause, who was represented by an attorney of record and would testify in his own behalf, of leave to cross-examine a witness, held not reversible error.-Carter v. Holt, 154 P. 37. (G) Jurisdiction and Proceedings of Appellate Court After Remand. 1221 (Utah) After reversal on defendants' appeal and remand to the trial court with directions to enter judgment for defendants, the Supreme Court had jurisdiction to amend its judgment to make it conform to the opinion of the majority of the court where there was a difference between the opinion and the judgment.-Mountain Lake Mining Co. v. Midway Irr. Co., 154 P. 584. XVIII. LIABILITIES ON BONDS AND UNDERTAKINGS. 1234 (Cal.App.) A bond, given in a suit to declare a trust in land, to secure stay of execution of an order appointing a receiver and to enable defendant to collect the rents pending her appeal from such order, held intended to indemnify plaintiff, if final judgment on the merits was eventually obtained by him, against any damage resulting from the defendant's collection of rents pending her appeal from the order appointing a receiver.-Borges v. Hillman, 154 P. 1075. 1237 (Wash.) Under Rem. & Bal. Code, § 1739, providing that, on affirmance of a money judgment. judgment shall be rendered against the appellant and his sureties for the amount of the judgment appealed from, and for damages and costs on the appeal, the plaintiff, who se cured a judgment for personal injuries, was en1170 (Okl.) Rulings on evidence held not to titled to a summary judgment against the esa supersedeas require a reversal under Rev. Laws 1910, state of the deceased surety on 6005, where it appeared that there was no mis- bond.-Olson v. Seldovia Salmon Co., 154 P. carriage of justice or substantial violation of any statutory or constitutional right.-Link-1239 (Cal.App.) Plaintiff, in action in which hart v. Kirkhart, 154 P. 645. a receiver was appointed and in which defendant therein gave bond to pay costs on appeal from such order, could maintain an action against the sureties on such bond before final judgment in the action in which the receiver was appointed, where the order appointing the receiver was affirmed on the appeal from it.Borges v. Hillman, 154 P. 1075. 1175 (Idaho) Though the verdict in replevin is in the alternative and the judgment makes no provision for return of the property, the case will not be remanded if it clearly appears that return cannot be had.-Cady v. Keller, 154 P. 629. 1175 (Okl.) In purely equitable cases the Supreme Court may consider the entire record, and, if the judgment is clearly against the evidence, may render or cause to be rendered such judgment as should have been rendered below. -Jones v. Thompson, 154 P. 1139. 1107. 1240 (Wash.) Where. pending entry of decree of affirmance on appeal, surety on supersedeas bond died, the judgment creditor could proceed against his estate as a principal obligor, for as between obligors and obligee all of the former are principal debtors, though as between themselves they enjoy the relation of principal and surety.-Olson v. Seldovia Salmon Co., 154 P. 1107. 1177 (Cal.App.) Where, in a proceeding to establish title to land, it was found that plaintiff's tax title was invalid, the appellate court, no finding having been made, should not deter-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 appointment though the judgment in the main action had not become final so that the court had not discharged the receiver when the suit was brought.-Borges v. Hillman, 154 P. 1075. 1178 (Cal.) While Code Civ. Proc. § 1714, abolished new trials in probate proceedings except in will contests, an appellate court may, on appeal from a decree of distribution, order the doing of anything which the probate court should have done in the exercise of its jurisdiction.-In re Vanderhurst's Estate, 154 P. 5. (F) Mandate and Proceedings in Lower Court. 189 (N. M.) Under Supreme Court rule 15 (154 Pac. xxxviii), held, that the clerk should issue a mandate on request where all costs have been paid by either party, and not withhold same until an appellee against whom judgment for costs has been entered in the Supreme Court satisfies such judgment.-Thayer v. Denver & R. G. R. Co., 154 P. 691. 1195 (Utah) Holding on former appeal that contract between parties was evidenced by telegrams, and that agreement of third party was neither authorized nor ratified by defendant, held the law of the case on retrial.-Tyng v. Constant-Loraine Inv. Co., 154 P. 767. Under Code Civ. Proc. §§ 939. 1049, touching the time for appeals, and providing that an action is pending from commencement until the time for appeal has passed, an action against the sureties on the bond of defendant in a suit given to secure a stay of execution of an order appointing a receiver, etc., held prematurely brought within six months after judgment in the main action.-Id. APPEARANCE. See Corporations, 508; Justices of the 9 (Okl.) The filing of a motion setting forth both jurisdictional and nonjurisdictional grounds for dismissal held a general appearance, though denominated a special appearance.-St. Louis Cordage Mills v. Western Supply Co., 154 P. 646. 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. 10 (Okl.) Filing of answer claiming damages 20 (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 overruling a special appearance.-Hamra v. Fitz- existing mortgage of $1,200, held assignable.-to be paid within two years, subject to an patrick, 154 P. 665. Marker v. Gillam, 154 P. 351. 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. 24 (Mont.) Under Rev. Codes, § 6526, a general appearance must be voluntary to constitute a waiver of defective service of process.State v. District Court of Second Judicial Dist. in and for Silver Bow County, 154 P. 200. Where defendant, resident of another state, served with summons while in the state to attend court as a witness, made proper objection and exception, and in his answer again reserved the question, he did not by general appearance waive his right to object to the jurisdiction.-Id. APPLICATION. See Corporations, 590; Payment, 47. APPOINTMENT. tion of a public improvement, which required the contractor to pay the debts of his predecessor, did not warrant a city in paying claims, yet, on payment, the city became the owner by process of equitable assignment.-Paul v. City of Vancouver, 154 P. 453. Where a public contractor was allowed to urge all defenses to claims good as against his predecessor, payment of which he assumed, held, the claims, and deducted the amount thereof from the contract price.-Id. See Executors and Administrators, 20; Of that he was not harmed because the city paid ficers, 7; Trusts, 160. APPORTIONMENT. See Municipal Corporations, 466; Taxation, 299. APPROPRIATION. IV. ACTIONS. 129 (Okl.) Where a written contract of sale of land was assigned as collateral security for faithful performance of a building contract by the assignor, the assignee could sue the See States, 130-132; Waters and Water original vendor for breach of the contract of Courses, 152. sale, without making the assignor a party.- ASSIGNMENTS FOR BENEFIT OF I. REQUISITES AND VALIDITY. 34 (Or.) An assignment for the benefit of creditors, where it is fair and without fraud, is valid, though the effect of the assignment is to hinder and delay some creditors.-Sabin v. Chrisman, 154 P. 908. II. CONSTRUCTION AND OPERATION 174 (Or.) Whether the property in the possession of the agent of an assignee for benefit of creditors was the property intended to be assigned held, under the evidence, for the jury. -Sabin v. Chrisman, 154 P. 908. 175 (Or.) An assignment of the goods of a merchant held sufficient to include a stock of stoves, the property being described as general merchandise, this being true though the merchant had two stores.-Sabin v. Chrisman, 154 P. 908. ASSOCIATIONS. See Building and Loan Associations; Insurance, 755-825. ASSUMPSIT, ACTION OF. See Account Stated; Money Received; Work and Labor. ASSUMPTION OF RISK. 212; See Master and Servant, 217-226, 288, 295. ASYLUMS. See Evidence, 441. ATTACHMENT. See Execution; Exemptions; Garnishment. VI. PROCEEDINGS TO SUPPORT OR 209 (Or.) An affidavit for publication of XI. WRONGFUL ATTACHMENT. 365 (N.M.) Independently of any bond, the ATTORNEY AND CLIENT. attorney, defended on the ground that they had 167 (Wyo.) In an attorney's action to re- In attorney's action for services, instruction In an attorney's action to recover for serv- (B) Lien. 91, Gar- See Amicus Curiæ; Appeal and Error, I. THE OFFICE OF ATTORNEY. 39 (Cal.App.) An attorney cannot be dis- II. RETAINER AND AUTHORITY. Where, after recovery of judgment by a re- ATTRACTIVE NUISANCE. See Negligence, 39. AUTHENTICATION. 75 (Cal.) Where judgment in stockholder's 88 (Cal.App.) Where an attorney who was 101 (Okl.) Where an attorney's authority An attorney cannot, without specific author- Where an attorney without authority com- IV. COMPENSATION AND LIEN OF ATTORNEY. (A) Fees and Other Remuneration. AUTHORITY. See Affidavits, 5; Principal and Agent, AUTOMOBILES. See Bailment, 14; Husband and Wife, BAIL. II. IN CRIMINAL PROSECUTIONS. Evidence held to show that one committed for 73 (Kan.) Under Cr. Code, § 146 (Gen. St. A declaration of forfeiture made by the dis- 166 (Wyo.) In an action to recover an under arrest by another officer for commission money in lieu of bail for his appearance, held That neither the sheriff nor his deputy ac- See Embezzlement; Larceny, 15. III. ASSIGNMENT, ADMINISTRATION, (C) Preferences and Transfers by Bank- 207 (Cal.App.) Under Bankr. Act, §§ 67b, Order on petition of trustee in bankruptcy, au- V. RIGHTS, REMEDIES, AND DIS- 433 (Cal.App.) A bankrupt's discharge re- BANKS AND BANKING. See Constitutional Law, 296; Escheat, II. BANKING CORPORATIONS AND ASSOCIATIONS. (B) Capital, Stock, and Dividends. A subscriber to the stock of a bank must use Under L. O. L. § 4571, held, that an attempt- (C) Stockholders. 47 (Or.) In a suit by the superintendent of 48 (Or.) A transfer of bank stock to an- 49 (Cal.) St. 1909, p. 87, entitled "An act St. 1909, pp. 87, 115, § 136, providing that 49 (Or.) Under L. O. L. § 4586, as amend- Fraudulent and unauthorized acts of bank In a suit by the superintendent of banks for Where it appeared that the transaction was Defendant could not be heard to say by way Where, in a suit by the superintendent of That the books of an insolvent bank showed an BILLS AND NOTES. superintendent of banks; there being no ade- In a suit by the superintendent of banks See Evidence, 441; Insurance, 187; (A) Instruments Negotiable. 165 (Ariz.) The negotiability of a note held It was not necessary to make all the stock-not affected under Civ. Code 1913, pars. 4146, It was no defense that other stockholders had A plea in abatement alleging that plaintiff (E) Insolvency and Dissolution. 4148, by the addition of a notation for payment 171 (Okl.) A special indorsement retaining V. RIGHTS AND LIABILITIES ON IN- 77 (Okl.) A suit to collect a note taken over After an insolvent bank has been taken over by the bank commissioner, a debtor of the bank342 (Okl.) The indorsee of a note bearing A special indorsement retaining an interest, 346 (Okl.) A purchaser of a note containing a note was 373 (Or.) Where VIII. ACTIONS. 496 (Okl.) One in possession of a note pay- 280 (Okl.) A petition by a creditor, alleging 520 (Or.) Evidence held to show that the 525 (Kan.) Evidence, in an action on a note 525 (Or.) In an action on a note procured 537 (Utah) In an action by a bank, holder 781. See Deeds, 32. BLANKS. |