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mm 138 (Wash.) A purchaser of leased land up-
whom mortgagor had delivered part of crop
in payment of a previous indebtedness, and
whose possession was known to the mortgagee
prior to the commencement of the action, while
Ta proper. was not a necessary. party thereto. —
chattels pursuant to the court's order, it was er
evidence of mortgagor's purchase of the prop-
erty at the receiver's sale.-J. I. Case Threshing
| Mach. Co. v. Barney, 154 P. 674.
281 (Idaho) The right to have a receiver ap-
pointed in proceedings to foreclose a chattel
Codes, 8 4329, as amended by Sess. Laws 1909,
em 281 (Okl.) Where a receiver sold mortgaged
chattels pursuant to the court's order, it was er-
ror, on trial of the foreclosure suit, to peremp-
torily discharge the receiver and set aside his
acts.-J. I. Case Threshing Mach. Co. v. Bar-
ney, 154 P. 674.
282 (Okl.) In an action to foreclose a chat-
tel mortgage on a threshing outfit, held that it
was error to instruct that the defendant mort-
gagors were entitled to recover the value of the
| property, when plaintiff took possession under
its mortgage, authorizing it to do so on the
mortgagors' default, where the taking did not
See False Pretenses; Fraud.
See Divorce, 308, 323; Infants ; Negligence,
Om39, 85; Parent and Child.
CHOSE IN ACTION.
See Religious Societies.
See Negligence, eww134.
See Municipal Corporations, ww147.
CLAIM AND DELIVERY.
CLOUD ON TITLE.
I in the federal Employers' Liability Act.-Anest
v. Columbia & P. S. R. Co., 154 P. 1100.
33 (Kan.) A shipment consigned to a point
in another state constitutes "interstate com-
crossing the state line.-Stockton Elevator &
Shipping Ass'n v. Missouri Pac. Ry. Co., 154
See Bills and Notes.
COMMISSION AND COMMISSIONERS.
See Certiorari, em 24; Constitutional Law, em
62; Drains, 17; Electricity, 4, 11;
Eminent Domain, 231, 234; Injunction,
Ow85; Mandamus, Om3, 87.
See Husband and Wife, em 257-270.
See Attorney and. Client, 130–167; Bro-
kers, m43-88; Contracts, mm 229; Eminent
Domain, www71-264; Insurance, w 84 ; Mas-
ter and Servant, CW8712, 25034; Municipal
Corporations, cm 220; Officers, On95; Prin-
cipal and Agent, m 82–89; Sheriffs and Con-
stables, cm 71.
See Jury, @m110.
See Pleading, Om52, 72.
Far tin: COMPOSITIONS WITH CREDITORS.
· See Compromise and Settlement.
Om2 (Okl.) To constitute a valid composition,
there must be a mutuality of contract between
27 Mont.) Proof that decedent was employ. agreement purporting to bind the debtor not be-
154 P. 653.
COMPROMISE AND SETTLEMENT.
See Accord and Satisfaction; Attorney and
Client, Om 101; Compositions with Creditors;
held not to have completed an agreement to ac-
--Crape v. Franklin, 154 P. 1036.
CONFLICT OF LAWS.
I m42 (Okl.) The constitutionality of a statute
will not be considered until presented in a case
662, 1008; Criminal Law, 1159; Di. constitutionality are affected by the statute.-
mm 47 (Or.) The constitutionality of a statute
or ordinance is usually to be tested, not by what
is actually done under it, but by what it author-
izes to be done.--Sterrett & Oberle Packing Co.
v. City of Portland, 154 P. 410.
Cum 48 (Or.) A statute will not be held unconsti-
ww116; Fraudulent Conveyances, 241; | its invalidity.-Evanhoff v. State Industrial
III. DISTRIBUTION OF GOVERN.
MENTAL POWERS AND
(A) Legislative Powers and Delegation
m55 (Cal.) Civ. Code, s 3423, subd. 4, for-
bidding injunction against execution of public
statutes, is not legislative invasion of functions
1500 v. Superior Court in and for Sutter Coun-
56 (Or.) L. 0. L. 8 671, prescribing the
punishment which may be inflicted for various
classes of contempts, is not inoperative as a leg-
117, 129; Evidence, 419; Frauds, constitutional courts to punish for contempt.-
w 61 (N.M.) Laws 1912, c. 84 (Code 1915,
88 1877-1958), providing for organization of
drainage districts through the courts, held not
unconstitutional as conferring on courts power
tricts not being the power of taxation.-In re
Dexter-Greenfield Drainage Dist., 154 P. 382.
62 (Cal.) Public Utilities Act, $ 47, as
paid by water district, etc., requiring property
konspiracy is fully accomplished A v. Railroad Commission of State of California,
154 P. 864.
cm 62 (Okl.) Laws 1915, c. 174, held not in.
valid as an unauthorized delegation of legislative
power because the powers therein enumerated
subjects, see also the various specific topics. surance Co. of North America y. Welch, 154 P.
62 (Or.) An order of the state highway com-
under Const. art. 4, § 1, legislative power can-
not be delegated to such a commission, being
reposed in the Legislature.-Peterson v. Lewis,
154 P. 101.
age districts through the courts, held not viola-
the duties imposed by the act being judicial and
funds and property, and its discretion cannot
be interfered with by the judicial department.--
Hicks v. Davis, 154 P. 1030.
tive of Const. art. 5, § 5, relative to the nomina- , ileges and immunities of citizens.-State V.
I ent rules for persons slaughtering less than five
animals per week than for others, allowing the
To justify a classification in a statute or ordi-
tion to the purposes of the law.-Id.
In so far as a Portland ordinance requiring
cnim can. empting plants subject to federal inspection
lations, it is discriminatory and invalid.-10.
208 (Or.) Laws 1913, c. 278, requiring per-
sons engaged in loaning money at more than 10
per cent. to obtain a license, excepting the busi-
ness of state and national banks, licensed bank.
ers, savings banks, etc., held not unconstitu-
tional as discriminatory class legislation.-
State v. Ware, 154 P. 905.
X. EQUAL PROTECTION OF LAWS.
reated by workmen's Compensa-em229 (Okl.) The equal protection clause of
Const. U. S. Amend. 14, held not to prevent a
state from making a reasonable adjustment of
to adopt an invariable rule of uniform taxa-
tion.-In re Gross Production Tax of Wolverine
Oil Co., 154 P. 362.
The equal protection clause of Const. U. S.
15 Amend. 14, intends only that the equal protec-
tion and security shall be given to all under
ke circumstances, and that no greater burdens
shall be laid on one than on others in the same
229 (Okl.) Rev. Laws 1910, 88 6771-6775,
1 ing disposition thereof, held not violative of the
tion.-Board of Com’rs of Custer County v.
e City of Clinton, 154 P. 513.
m 240 (Okl.) Laws 1915, c. 174, creating the
state insurance board, etc., heid not violative of
. equal protection clause of Const. Amend. U. S.
154 P. 48.
That Laws 1915, c. 174, exempts certain insur-
| ance companies from its operation does not ren-
der it invalid as to companies not exempted, as
denying them equal protection of the laws.-Id.
XI. DUE PROCESS OF LAW.
276 (Okl.) Laws 1915, c. 174, creating the
state insurance board, etc., held not an unwar-
ranted interference with the power of insurance
companies to contract.-Insurance Co. of North
America v. Welch, 154 P. 48.
ing disposition thereof, held not violative of
Constitution.-Board of Com’rs of Custer Coun-
ty v. City of Clinton, 154 P. 513.
296 (Cal.App.) Bank Act, $ 15, as amended
in 1913 (St. 1913, p. 145, § 16), as to payment
into state treasury of unclaimed bank deposits,
held not to deny due process of law so far as
bank's rights as depositary are concerned.-
State v. Security Sav. Bank, 154 P. 1070.
Bank Act, 15, as amended in 1913 (St. 1913,
8 2 96 (Okl.) Laws 1915, c. 174, creating the
the due process of law provision of Const., 1
See Elections, Om305.
because plaintiff through poverty was unable to
Constitutional Law, 89, 276; Corpora-
Liens; 'Limitation of Actions, cm15, 51;
Mandamus, 84, 93; Mechanics' Liens;
gages; Municipal Corporations, 373, 442,
751; Novation: Payment; Principal and
Agent, ew102, 132, 155 ; Principal and Sure-
ty; Reformation of Instruments; Release;
Sales; Specific Performance; Subrogation;
Usury; Vendor and Purchaser; Waters and
Water Courses, Cum 156; Work and Labor.
(A) Nature and Essentials in General.
9 (Wash.) An action will lie on an instru.
ment promising to pay a given sum on the hap-
pening of a contingency, on the theory that the
only uncertain element in the contract, that of
time, has been rendered certain by the happen-
of Creditors, em ing of the event.-Ryan v. Hanna, 154 P. 436.
(E) Validity of Assent.
On 94 (Okl.) A contract procured to the in-
resentations, or conduct of the other as to a
material matter, is unenforceable, though the
party misled was negligent.-Chisum v. Hug-
gins, 154 P. 1146.
Om97 (Kan.) A party suing for breach of con-
binding.-Stramel v. Hawes, 154 P. 232.
(F) Legality of Object and of Consider
olem 117. (Wash.) A contract of the seller of a
(Wasb.) A contract of the seller ota