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P. 788.

not final, since the trial on appeal is de novo.

(H) Harmless Error. Molalla Electric Co. v. Wheeler, 154 P. 686. Om 1026 (Wyo.) The Supreme Court can only

Where, in an equity suit, the trial judge per- | reverse for prejudicial error appearing upon sonally examines the locus in quo in order prop- the record.–Stockgrowers' Bank of Wheaterly to apply the testimony to the issues, his land v. Gray. 154 P. 593. findings of fact and decree are entitled to care

Om 1027 (Okl.) That the court erroneously left ful consideration.-Id. The decree and findings of the judge in an

to the jury the interpretation of a contract did

not require a reversal, where the jury correctly equity suit are not of the same force on appeal

interpreted it.--Chenault v. Mauer Mercantile as those of the judge without a jury in a law action, which will not be disturbed if there is

Co., 154 P. 507. any evidence to support them.-Id.

lo 1039 (Cal.App.) Any error of the vendor of 1010 (Okl.) A finding that the sheriff's re

realty, suing the assignee of the buyer and turn of personal service was true will not be

others in ejectment, in joining a claim for a disturbed, when reasonably supported by evi

money judgment for the balance due on the condence.-Jones v. Jones, 154 P. 1136.

tract of sale, was harmless, where he waived

any claim for such money judgment.-Sweet v. Om 1010 (Or.) Under L. 0. L. $ 159, findings

| Richvale Land Co., 154 P. 608. on the facts in action tried without a jury held to have the same conclusiveness as a verdict,

cm 1041 (Mont.) Permission to plaintiff to and not to be disturbed if sustained by evidence.

amend his complaint by merely interlining -Doolittle v. Pacific Coast Safe & Vault Works,

words held harmless error.--Doichinoff v. Chi154 P. 753.

cago, M. & St. P. Ry. Co., 154 P. 924. Om 1010 (Wash.) Finding supported by evi

Om 1046 (Okl.) A remark made by the judge dence, mainly oral, could not be disturbed, where

relative to liability of a defendant held to reno material question was presented other than

quire a reversal, where it was calculated to misquestions of fact.-Winter v. Eberhardt, 154 P.

lead the jury and the verdict conclusively show139.

ed that it was affected there5;.-Pressley . Om 1010 (Wash.) In an action for breach of

Incorporated Town of Sallisaw, 154 P. 650. warranty of the value of bank stock sold, where

em 1047 (Okl.) In a case submitted to the jury all the witnesses testified to defendant's war

for an advisory verdict, error in rulings on eviranting in general, and the plaintiff testified

dence will not require a reversal in the absence consistently to the stock being warranted as

of a clear abuse of discretion depriving the obworth $235 a share, a finding explicitly for

jecting party of some substantial right.-Parker plaintiff as to warranty in such express sum

m v. Hamilton, 154 P. 65. will not be disturbed.-Peterson v. Brewer, 154

en 1048 (Mont.) Informalities in impeaching a

witness by showing that he had detailed the Om 1011 (Cal.) Where the last clear chance doc

events of the injuries to plaintiff's intestate and trine was relied on, and the evidence as to

failed to mention warning were not ground for whether the car could have been stopped after

reversal, where the matter of warning was imdeceased's peril was discovered conflicted, held on

material, since that referred only to contributhe evidence, that the question whether her neg.

tory negligence, which was admitted by the ligence was the proximate cause of the injury

complaint, based upon the theory of last clear

chance.-Doichinoff v. Chicago, Ni, & St. P. Ry. was a fact for determination by the trial court, and not for determination as matter of law by

Co., 154 P. 924. the court on appeal.–Tucker v. United Rail

em 1050 (Cal. App.) Errors in receiving testiroads of San Francisco, 154 P. 835.

mony cannot be deemed prejudicial to defendant, en 1011 (Cal. App.) A finding of the court on

when, disregarding the incompetent matter, conflicting evidence will not be disturbed on ap

enough remains in the record to sustain the peal.--National Lumber Co. v. Kennedy, 154 Ñ.

cause of action alleged.-Tingey V. Callahan 25.

Const. Co., 154 P. 28. em 1011 (Cal.App.) Findings of fact made on

em 1050 (Cal. App.) Where a stock purchase conflicting evidence cannot be questioned.- | contract provided that payment to the seller's Stroud v. Fairbanks, 154 P. 282.

agent, a bank, would be sufficient, held, in an Om 1011 (Cal.App.) A finding of the trial court

action on a check given to the bank and payon substantial conflicting evidence will not be

vill not be able to it or bearer, that the admission of eridisturbed on appeal.--Hughes v. Chung Sun

dence of the bank's delivery of the check to the Tung Co., 154 P. 299.

seller, if erroneous for immateriality, was harm

less error.-Bank of Bakersfield v. Conner, 154 Om 1011 (Nev.) Testimony in action to foreclose

I'. 869. mechanic's lien as to posting notice disclaiming

Om 1050 (Kan.) In a shipper's action for cost liability for work and materials furnished held

of repairing cars to receive grain, held, that the to be in such conflict that judgment below would not be disturbed.-Gaston v. Avansino, 154

154 | admission in evidence of "Santa Fé Cooperage P. 85.

Circular, No. 1,” was not prejudicial, though .

immaterial.-Rock Milling & Elevator Co. v. At. cm 1011 (Wash.) A finding of the trial court on

chison, T. & S. F. Ry. Co., 154 P. 254. conflicting evidence, where it had the witnesses before it, will not be disturbed.-In re Connol

1050 (Kan.) Error cannot be predicated on ly's Estate, 154 P. 155.

the admission of incompetent testimony not Om 1011 (Wash.) Where the only question on

shown to have improperly affected the result.appeal is of fact, the finding of the court be

Ogallah Elevator Co. v. Harrison, 154 P. 1016. low. where the evidence is conflicting. cannot be 1050 (Wyo.) Admission of evidence as to a disturbed. -Folmsbee v. Daniell, 154 P. 796. conversation between plaintiff's husband and a en 1011 (Wyo.) The appellate court cannot re- vice president of the bank, in which the latter view the finding of the trial court upon issues guaranteed not to damage plaintiff's wall, held of fact as to which the evidence was conflicting. harmless.--Stockgrowers' Bank of Wheatland v. -Stockgrowers' Bank of Wheatland v. Gray, Gray, 154 P. 593. 154 P. 593.

Om 1051 (Okl.) Admission of an incompetent Om 1012 (Okl.) Findings on controverted ques- letter relating to a warranty held harmless, tions of fact in a trial to the court, will not where the sale contract containing the warranty be disturbed on the weight of evidence, where was already in evidence.—Gutenberg Mach. Co. they are reasonably supported by the evidence.- v. Husonian Pub. Co., 154 P. 346. King v. Farris, 154 P. 510.

Om 1058 (Wash.) Error in the court's refusal 1014 (Okl.) A judgment ignoring findings of to allow a witness to testify as to who was the the jury which are advisory only will be affirm- real owner of corporate stock is harmless where ed when reasonably supported by evidence. he detailed the facts concerning the ownership. Om 1060 (Wash.) A defendant held not preju- no 1066 (Wash.) An instruction that, when an diced by plaintiff objecting to counsel of another employé is ordered or permitted to do 'dangerous further participating in the case, where a non-work, he should be warned, if erroneous in the suit as to the other party was then entered. use of the word "permitted,” held harmless, Jensen v. Schlenz, 154 P. 159.

where the issue was whether he was "ordered," Om 1060 (Wash.) In an action on an employ

and there was no contention that he was merely ers' indemnity policy assigned by the assured,

permitted as a volunteer to crank the machine. where plaintiff, under the undisputed testimony, |

-Godley v. Gowen, 154 P. 141. was entitled to an instructed verdict for $5,000,

en 1066 (Wash.) Instructing, in an action for the amount of the policy, for which sum the

falling into a manhole, that there was no evijury returned verdict, the judgment cannot be

dence to warrant a finding of fault in construcreversed for misconduct of plaintiff's counsel.

tion, is not prejudicial as to defendants, charged Davies v. Maryland Casualty Co., 154 P. 1116. |

only with negligence in the manner of its main

tenance.-Jensen v. Schlenz, 154 P. 159. 1062 (Kan.) The refusal to submit two of Instructing that the jury might allow plaintiff, ten special questions which were requested held

eld among other things, for "depreciation in earning not prejudicial, where they were substantial

capacity, if any," when there was no evidence repetitions, and the answers to those submitted thereof, but to the contrary, held harmless.-Id. clearly indicated that answers to those refused

Om 1067 (Kan.) Refusal of defendant's instrucwould not have benefited the complaining party. -- Christian v. Union Traction Co., 154 P. 271.

tions on one of two allegations of negligence

which was ignored in the instructions given in Om 1064 (Cal.) In an action for deceit by the which the jury were told that, to recover, plainpurchaser of citrus nurseries for the vendor's tiff must sustain the other allegation, held not misrepresentation as to the number of budded material error,-Christian v. Union Traction trees, an instruction that, if the purchaser had Co., 154 P. 271. the means to ascertain the truth of the repre Om 1068 (Or.) Errors in instructions on the sentations and failed to do so, he could not measure of damages are harmless where plainrecover, held prejudicially erroneous.-Teague tiff, who was shot while hunting, recovered no v. Hall, 154 p. 851.

| damages.-Gibson v. Payne, 154 P. 422. Em 1064 (Cal.App.) In action for injuries to Om 1070 (Wash.) Error in returning a verdict employé 20 years old, held that, though fact of for $100 for an item as to which the instrucminority should not have been presented in the tions limited the recovery to $40 was cured instructions as affecting his responsibility, the where the verdict was reduced more than $100. jury could not have been materially influenced --Godley v. Gowen, 154 P. 141. thereby.--Congdon v. California Drug & Chem-1m 1071 (Idaho) Though part of the findings ical Co., 154 P. 1062.

are not fully supported by the agreed stipulaOm 1064 (Idaho) In an action on a fire insur

tion of facts, the case will not be reversed ance policy, held, that an erroneous instruction where the law applicable to the agreed statethat in arriving at the loss the jury should ment supports the judgment.--McKune v. Con“determine the same by ascertaining the cash | tinents ! Casualty Co., 154 P. 990. value of the lumber in the millyard," instead of uw 1071 (Okl.) The making of a finding of fact the cash value of the total amount destroyed, on a matter on which all evidence was excluded was harmless where, in view of the evidence, I held not to require a reversal where the other the jury could not have been prejudicially mis

findings sustained the judgment and were supled thereby.-Carroll v. Hartford Fire Ins. Co.,

ported by evidence.-Freeman v. State Board of 154 P. 985.

Medical Examiners, 154 P. 56. Om 1064 (Kan.) That through a typographical

Om 1071 (Okl.) The trial court's finding that error the name of "plaintiff" was inserted in an

proof of loss of a written contract authorizes instruction in place of "defendant" held not to

the admission of secondary evidence as to its require a reversal, where the jury could not

contents, will not be disturbed, unless clearly have been misled thereby.-Rorschach v. Diven,

erroneous and injurious to the complaining 154 P. 268.

party.-Marker v. Gillam, 154 P. 351. em 1064 (Okl.) Giving of instruction which, as

emom 1073 (Cal. App.) Where a judgment is eran abstract proposition, is erroneous, but, when

roneous only in that it fails to include nominal applied to the evidence, has the same meaning

damages, it will not be reversed, unless it be as it would have had if strictly correct, is harm

made to appear that such damages, if allowed, less. Gutenberg Mach. Co. v. Husonian Pub.

would have carried costs.-Lund v. Lachman, Co., 154 P. 346.

154 P. 295. Om 1064 (Okl.) That the court misnamed an for the trial court to allow amendment to the

em 1074 (Wyo.) If it was not prejudicial error instruction to be on "implied warranty," instead

bill of exceptions, the Supreme Court cannot

in of on tort, held harmless, where the instruction

| disturb the judgment on such ground.–Stockclearly sounded in tort and it was improbable

growers' Bank of Wheatland v. Gray, 154 P. that the jury were misled.-Summers v. Gates, a 154 P. 1159.

(K) Subsequent Appeals. em 1066 (Ariz.) In an action to recover for selling defendant's drug business under employ

cm 1097 (Wash.) A decision by the court on a ment by defendant's special agent, instruction

former appeal constitutes the law of the case. that the issue was whether plaintiff had earned

-Smith Sand & Gravel Co. v. Corbin, 154 P. a commission according to the terms of his con

150. tract, ignoring the issue of the power of the special agent to employ plaintiff, held prejudi

XVII. DETERMINATION AND DIScial to defendant.-Brutinel v. Nygren, 154 P.

POSITION OF CAUSE. 1042.

(A) Decision in General. C 1066 (Utah) Where servant's complaint al-cm 1106 (Okl.) Under Rev. Laws, $ 5243, where leged spinal injuries, but defendant's evidence on appeal a direct issue of fact is raised by a together with plaintiff's disclosed rib fractures, motion to dismiss, plaintiff in error alleging that and defendant failed to request a charge ex- he did not intend to take time to plead and that cluding its consideration, but excepted to a the journal entry giving such time was entered charge including that issue, and failed to as-in his absence without his consent, and defendsail the verdict finding it negligent, the error, ant in error denying these statements, and the if any, in submitting that issue, was harmless. record not showing the true conditions, the case -Woodward v. Daly-West Mining Co., 154 P. will be remanded to the trial judge to find the 782.

facts.-Campbell v. Thornburgh, 154 P. 574,

(B) Afirmance.

(G) Jurisdiction and Proceedings of Ap

pellate Court After Remand. om 1127 (Cal.) A motion to affirm, amounting 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 1151 (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. ww1153 (Cal. App.) Failure of a judgment in 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

tion of an order appointing a receiver and to satisfaction of the money judgment, could be

enable defendant to collect the rents pending corrected by judgment rendered on the appeal,

her appeal from such order, held intended to without remand. -Coats v. Hord, 154 P. 401.

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 v. Franklin, 154 P. 1036.

w1237 (Wash.) Under Rem. & Bal. Code, $ Claw 1 170 (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

titled to a summary judgment against the es

tate of the deceased suret von a supersedeas require a reversal under Rev. Laws 1910, S

bond.-Olson v. Seldovia Salmon Co., 154 P. 6005, where it appeared that there was no mis

1107. 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 wbich defend

ant therein gave bond to pay costs on appeal Om 1175 (Idaho) Though the verdict in replevin

from such order, could maintain an action 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. O 1175 (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.-Oison v. Seldovia Salmon Co., 154 tiff's tax title was invalid, the appellate court,

| P. 1107. no finding having been made, should not deter Om 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 ac. taxes 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 appointC 1178 (Cal.) While 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

the sureties on the bond of defendant in a suit Court.

given to secure a stay of execution of an order

appointing a receiver, etc., held prematurely Om 1189 (N. M.) Under Supreme Court rule

| brought within six months after judgment in 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 ment.-TI

See Corporations, em508; Justices of the G. R. Co., 154 P. 691.

Peace, 84, 161. em 1195 (Utah) Holding on former appeal that om 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 I 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.

satisfies

er v. Den

em 9 (Utah) Filing a general demurrer consti- I. REQUISITES AND VALIDITY. tutes a general appearance.-McMillan v. For- 1 (A) Property, Estates, and Rights Assignsythe, 154 P. 959.**

able. em 10 (Okl.) Filing of answer claiming damages

em 20 (Okl.) A written contract of sale of land after overruling of special appearance held al for $2.500 619

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. Om 19 (Kan.) Defendants appearing by counsel to resist the granting of a temporary injunction (B) Mode and Suficiency 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 C 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 at

III. RIGHTS AND LIABILITIES OF tend court as a witness, made proper objection

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, en 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, en 20; Of- that he was not harmed because the city paid ficers, m7; Trusts, w160.

the claims, and deducted the amount thereof

from the contract price.-10. APPORTIONMENT.

IV. ACTIONS. See Municipal Corporations, ww466; Taxation,

Om 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, ww130-132; Waters and Water original vendor for breach of the contract of Courses, Om 152.

sale, without making the assignor a party.

Marker v. Gillam, 154 P. 351.
ARBITRATION AND AWARD.
See Contracts, em 198.

ASSIGNMENTS FOR BENEFIT OF

CREDITORS.
ARCHITECTS.

I. REQUISITES AND VALIDITY. See Contracts, Om9, 287.

(A) Nature and Essentials of Trusts for

Creditors.
ARGUMENT OF COUNSEL.

34 (Or.) An assignment for the benefit of See Appeal and Error, m1060; Criminal Law,

creditors, where it is fair and without fraud, Om 706, 730; Trial, m10842-133.

is valid, though the effect of the assignment is
to hinder and delay some creditors.-Sabin v.

Chrisman, 154 P. 908.
ARREST.

II. CONSTRUCTION AND OPERATION See Bail.

IN GENERAL.
ASSAULT AND BATTERY.

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.

Om 175 (Or.) An assignment of the goods of a

merchant held sufficient to include a stock of 91 (Okl.Cr.App.) Evidence held to sustain stoves, the property being described as gen 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

P. 908.
ASSESSMENT.

ASSOCIATIONS.
See Municipal Corporations, w 422–582. See Building and Loan Associations; Insur-

ance, Om755-825. ASSIGNMENT OF ERRORS. See Appeal and Error, Ow719.

See Account Stated; Money Received; Work
ASSIGNMENTS.

and Labor.
See Assignments for Benefit of Oreditors; ASSUMPTION OF RISK.
Fraudulent Conveyances; Insurance, u212;
Vendor and Purchaser, 214.

See Master and Servant, w217-226, 288, 295.

ASSUMPSIT, ACTION OF.

ASYLUMS.

attorney, defended on the ground that they had

been rendered gratuitously, evidence held to sus-
See Evidence, On441.

tain a verdict for defendant.-Cadle v. Black,

154 P. 997.
ATTACHMENT.

Om 167 (Wyo.) In an attorney's action to re-
See Execution; Exemptions; Garnishment.

cover for services, instruction relating to his

statements to a third person acting for defend-
YI. PROCEEDINGS TO SUPPORT OR

ant held as favorable to plaintiff as he was en-
ENFORCE.

titled to under the evidence.---Cadle v. Black,

154 P. 997.
209 (Or.) An affidavit for publication of In attorney's action for services, instruction
summons on attachment of land must allege as to his statement after his services that there
that the defendant has property within the would be no charge therefor held not to prevent
state, in order to give the court jurisdiction. jury from considering any such statement they
Leslie v. McNeil, 154 P. 884.

believed in determining plaintiff's original in-

tention, or whether his services were offered
XI. WRONGFUL ATTACHMENT.

and rendered gratuitously.-Id.
365 (N.M.) Independently of any bond, the! In an attorney's action to recover for sery-
attaching plaintiff is liable jointly with the ices rendered to defendant, a requested instruc-
attaching officer for levy on a stranger's proper- tion that plaintiff would not be bound by any
ty where he either directs or ratifies the levy, statements as to the charge of his services, made
-Murry v. Belmore, 154 P. 705.

to a third party acting in the interest of the

defendant, held properly refused as misleading.
ATTORNEY AND CLIENT.

-Id.
See Amicus Curiæ; Appeal and Error, E 91,

(B) Lien.
1060; Certiorari, w5; Continuance, em 20; C 192 (Wash.) Under power to determine the
Corporations, m508; Criminal Law, em questions affecting a judgment as between par-
706, 730; Evidence, em 419, 424, 441; Ex- ties properly before it, the court can adjudicate
ecutors and Administrators, 111; Gar- an attorneys' lien thereon provided for by
nishment, en 225; Husband and Wife, em Rem. & Bal. Code, s 136.-State v. Superior
82; Justices of the Peace, 84; Malicious Court for King County, 154 P. 603.
Prosecution; Mortgages, émw581; Trial, em Where, after recovery of judgment by a re-
10812-133.

ceiver and substitution of new receiver and at-

torney, the attorneys for the first receiver filed
I. THE OFFICE OF ATTORNEY. a lien on the judgment, motion to strike lien
(C) Suspension and Disbarment.

alidity held properly overruled where all

parties affected by the judgment were not before
e 39 (Cal. App.) An attorney cannot be dis- | the court.-Id.
barred solely on a record of conviction, where
he has been pardoned.-In re Emmons, 154 P. ATTRACTIVE NUISANCE.
619.

See Negligence, @m39.
II. RETAINER AND AUTHORITY.
Cm75 (Cal.) Where judgment in stockholder's

AUTHENTICATION.
action was to be reversed, motion for substitu-l so Criminal Law

| See Criminal Law, Om1105.

1105
tion of other attorneys for the corporation held
to be denied without prejudice to its renewal

AUTHORITY.
in the trial court.-Whitten v. Dabney, 154 P.
312,

See Affidavits, Omw5; Principal and Agent, en
Om 88 (Cal. App.) Where an attorney who was 93–132.
sued appeared in court by an attorney of rec-

AUTOMOBILES.
ord who conducted the case to a point where
defendant proposed to cross-examine plaintiff's See Bailment, 14; Husband and Wife,
witness, it appearing that he would be a wit 102, 268, 270; Master and Servant, 8716;
ness in his own behalf, the court properly de Municipal Corporations, w706; Railroads,
nied him the right to cross-examine.-Carter v. m330.
Holt, 154 P. 37.

BAIL.
101 (Okl.) Where an attorney's authority

II. IN CRIMINAL PROSECUTIONS.
to compromise an action is in issue, the burden
is on the party asserting the compromise to 49 (Okl.Cr.App.) On a hearing of an appli-
show authority or ratification.-Hamberger v.cation for admission to bail after commitment
White, 154 P. 576.

for a capital offense, to determine whether the
An attorney cannot, without specific author proof of guilt is evidence or the presumption
ity, compromise a pending action.-Id.

thereof great, the burden is on the petitioner.
Where an attorney without authority com-

4 P
promises an action, receiving less than the cli | Evidence held to show that one committed for
ent's demand, the client may ignore the com a capital offense was entitled to be admitted to
promise and recover his full demand.-Id. bail.-Id.

73 (Kan.) Under Cr. Code, $ 146 (Gen. St.
IV. COMPENSATION AND LIEN OF 1909, 8 6722), where money is deposited by a
ATTORNEY.

third person in lieu of bail and the accused has
(A) Fees and Other Remuneration.

been surrendered, the money should be returned

to the owner.-Campbell v. Board of Com'rs of
130 (Wyo.) Where plaintiff, an attorney, I Re

orney, Reno County, 154 P. 257.
offered his services to defendant without charge, A declaration of forfeiture made by the dis-
and they were accepted by the defendant upon trict court for nonappearance of accused after
that understanding, plaintiff was not entitled to his surrender by a person who had deposited
recover.-Cadle v. Black, 154 P. 997.

money in lieu of bail held not to estop such per.
Om 143 (Or.) Where plaintiff was retained as at- son from suing to recover the deposit where he
torney by defendants at regular monthly salary, was not a party to and had no notice of the
promise of substantial reward for his best ef- proceeding wherein the forfeiture was declared.
forts if defendants' ventures should prove suc -Id.
cessful, was without consideration.-Muir v. Cm 80 (Kan.) That accused had been placed
Morris, 154 P. 117.

under arrest by another officer for commission
Omw 166 (Wyo.) In an action to recover an of another offense shortly before he was sur.

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