(B) Affirmance. 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. 170 (Cal.App.) Under Const. art. 6, § 42, 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. declare a trust in land, to secure stay of execu1234 (Cal.App.) A bond, given in a suit to enable defendant to collect the rents pending tion of an order appointing a receiver and to 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 secured a judgment for personal injuries, was entate of the deceased surety on a supersedeas titled to a summary judgment against the esbond.-Olson v. Seldovia Salmon Co., 154 P. 1107. 1170 (Okl.) Rulings on evidence held not to require a reversal under Rev. Laws 1910,. § 6005, where it appeared that there was no miscarriage 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 defendfrom such order, could maintain an action ant therein gave bond to pay costs on appeal 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. 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. 1213 (Utah) Filing a general demurrer constitutes a general appearance.-McMillan v. Forsythe, 154 P. 959. 10 (Okl.) Filing of answer claiming damages after overruling of special appearance, held a general appearance waiving any error in overruling a special appearance.-Hamra v. Fitzpatrick, 154 P. 665. 19 (Kan.) Defendants appearing by counsel to resist the granting of a temporary injunction are in court for all purposes without issuance of summons.-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. 20 (Okl.) A written contract of sale of land for $2,500, $1 cash in hand and the remainder to be paid within two years, subject to an existing mortgage of $1,200, held assignable.Marker v. Gillam, 154 P. 351. (B) Mode and Sufficiency of Assignment. 48 (Wash.) Though a contract for completion 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.Marker v. Gillam, 154 P. 351. ASSIGNMENTS FOR BENEFIT OF CREDITORS. I. REQUISITES AND VALIDITY. (A) Nature and Essentials of Trusts for Creditors. 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 IN GENERAL. 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 91, ATTORNEY AND CLIENT. I. THE OFFICE OF ATTORNEY. II. RETAINER AND AUTHORITY. 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. 192 (Wash.) Under power to determine the 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- AUTHORITY. See Affidavits, 5; Principal and Agent, AUTOMOBILES. See Bailment, 14; Husband and Wife, BAIL. II. IN CRIMINAL PROSECUTIONS. 49 (Okl.Cr.App.) On a hearing of an appli- Where an attorney without authority com--Ex parte Birmingham, 154 P. 499. IV. COMPENSATION AND LIEN OF ATTORNEY. (A) Fees and Other Remuneration. 130 (Wyo.) Where plaintiff, an attorney, 73 (Kan.) Under Cr. Code, § 146 (Gen. St. A declaration of forfeiture made by the dis 143 (Or.) Where plaintiff was retained as at- 166 (Wyo.) In an action to recover an money in lieu of bail for his appearance, held That neither the sheriff nor his deputy ac- See Embezzlement; Larceny, 15. 14 (Wash.) An inexperienced person, a BALLOTS. See Elections, 186, 194. BANKRUPTCY. See Assignments for Benefit of Creditors. I. CONSTITUTIONAL AND STATU- 9 (Or.) The national Bankruptcy Act sus- 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 superintendent of banks; there being no ade- In a suit by the superintendent of banks It was not necessary to make all the stock- It was no defense that other stockholders had A plea in abatement alleging that plaintiff (E) Insolvency and Dissolution. BILLS AND NOTES. 1216 See Evidence, 441; Insurance, 187; IV. NEGOTIABILITY AND TRANSFER. 171 (Okl.) A special indorsement retaining V. RIGHTS AND LIABILITIES ON IN- (D) Bona Fide Purchasers. 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 bank III. FUNCTIONS AND DEALINGS. 134 (Okl.) A bank may charge to a de- IV. NATIONAL BANKS. 270 (Okl.) An action against a national the buyer of a note takes subject to defenses 342 (Okl.) The indorsee of a note bearing A special indorsement retaining an interest, 346 (Okl.) A purchaser of a note containing 373 (Or.) Where a VIII. ACTIONS. 496 (Okl.) One in possession of a note pay- 280 (Okl.) A petition by a creditor, alleging BAR. 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 See Deeds, 32. BLANKS. |