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mm 138 (Wash.) A purchaser of leased land up-

on which there were growing crops held to have low 275 (Wash.) In an action to foreclose chat-
acquired title to the growing crops, which he tel mortgage on wheat crop, grain company, to
harvested, and neither he nor the lessor to be whom

whom mortgagor had delivered part of crop
liable to the lessee's mortgagee for any deficien-

in payment of a previous indebtedness, and
cy; the other personalty included in the mort-

whose possession was known to the mortgagee
gage not being enough to discharge it.-Woody v.

prior to the commencement of the action, while
Wagner, 154 P. 819.

Ta proper. was not a necessary. party thereto. —
141 (Okl.) A mortgagee's consent to the German-American State Bank v. Seattle Grain
furnishing of feed and pasturage for mortgaged Co., 154 P. 443.
cattle may be implied from facts and circum 278 (Okl.) Where a receiver sold mortgaged
stances so as to give a lien therefor preference

chattels pursuant to the court's order, it was er
over his prior recorded mortgage.-Cather v. ror, on trial of the foreclosure suit, to exclude
Spencer, 154 P. 1130.

evidence of mortgagor's purchase of the prop-
A lien for feed and pasturage furnished cattle

erty at the receiver's sale.-J. I. Case Threshing
with consent of the mortgagee will take prece-

| Mach. Co. v. Barney, 154 P. 674.
dence over a prior recorded chattel mortgage.

281 (Idaho) The right to have a receiver ap-

pointed in proceedings to foreclose a chattel
157 (Wyo.) In an action by a chattel mort | mortgage is purely statutory, depending on Rev.
gagee against defendant, whom he claimed had |

Codes, 8 4329, as amended by Sess. Laws 1909,
taken possession of mortgaged cattle, defendant p. 26.-Keane v. Kibble, 154 P. 972.
has the burden of proving that the lien he as-

em 281 (Okl.) Where a receiver sold mortgaged
serted is superior.-Reynolds v. Morton, 154 P.

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.
Om 162 (Okl.) On default in making payments,

282 (Okl.) In an action to foreclose a chat-
held that the mortgagee under an express provi-

tel mortgage on a threshing outfit, held that it
sion of the mortgage could take a peaceable pos-

was error to instruct that the defendant mort-
session of the mortgaged personalty, though he

gagors were entitled to recover the value of the
could not use force.-J. I. Case Threshing Mach.

| property, when plaintiff took possession under
Co. v. Barney, 154 P. 674.

its mortgage, authorizing it to do so on the

mortgagors' default, where the taking did not
em 168 (Okl.) Refusal of the mortgagor to con- constitute a conversion.-J. I. Case Threshing
sent to the mortgagee's taking possession of the Mach. Co. v. Barney, 154 P. 674.
mortgaged chattels, pursuant to the mortgage
on default in making payments, held not a con-

version.-J. I. Case Threshing Mach. Co. v. Bar-
ney, 154 P. 674.

See False Pretenses; Fraud.
Om 169 (Okl.) That plaintiff waited several

months after taking the property before proceed-
ing to foreclose its mortgage held not a conver- See Banks and Banking, 134; Garnish-
sion, where it appeared that after the property ment, @mw51, 123, 232.
was taken over there were negotiations toward
effecting a settlement.-J. I. Case Threshing
Mach. Co. v. Barney, 154 P. 674
en 170 (Wash.) Where chattel mortgage upon

See Divorce, 308, 323; Infants ; Negligence,
a wheat crop gave the mortgagee a lien of which

Om39, 85; Parent and Child.
defendant had notice through the public records,

defendant's taking of part of the crop and
commingling it with its own wheat was an act See Physicians and Surgeons, 6.
of conversion.-German-American State Bank v.
Seattle Grain Co., 154 P. 443.

em 177 (Wyo.) A chattel mortgagee entitled to See Assignments.
possession may maintain an action against one
who deprives him of the property by which the

debt is secured.-Reynolds v. Morton, 154 P.

See Religious Societies.

(A) Rights and Liabilities of Parties.

See Negligence, eww134.
em 229 (Wyo.) Where mortgaged chattels are

taken by purchaser, the mortgagee, though not
entitled to possession, the debt not being due, See Municipal Corporations.
may at once maintain an action for damages to
his reversionary interest.-Reynolds v. Morton,

154 P. 325.

See Municipal Corporations, ww147.
Where a copy of the mortgage attached to the
complaint of the mortgagee showed that he was

entitled to immediate possession of the cattle,
the value of which he sought to recover from a See Evides
purchaser from the mortgagor, the complaint
held sufficient, in the absence of demurrer, to
state a cause of action, though not averring
the mortgagee's right to possession.-Id.

See Replevin.
Where a chattel mortgage provided that the

mortgagee should become entitled to possession
on sale or removal, or attempt to sell or re See Garnishment, aw 219, 225; States, 181.
move any of the property, the mortgagee's right
to possession is immediate upon sale or removal,

in which case he can at once maintain an ac-



m.232ctricity, an

ww85; Maomain,


I in the federal Employers' Liability Act.-Anest

v. Columbia & P. S. R. Co., 154 P. 1100.
See Quieting Title.

33 (Kan.) A shipment consigned to a point

in another state constitutes "interstate com-
COLLATERAL AGREEMENT. merce," though actual delivery is made before

crossing the state line.-Stockton Elevator &
See Evidence, ww441-443.

Shipping Ass'n v. Missouri Pac. Ry. Co., 154

P. 1126.
See Divorce, Om 168; Judgment, Om518.


See Bills and Notes.
See Taxation, en 608-610.


See Certiorari, em 24; Constitutional Law, em

62; Drains, 17; Electricity, 4, 11;

Eminent Domain, 231, 234; Injunction,

Ow85; Mandamus, Om3, 87.
em 42 (Wash.) In action for collision, where

plaintiffs' and defendants' steam vessels met evi-
dence held sufficient to support finding of de- See Brokers, Omw43-88; Principal and Agent,
fendants' vessel's negligence.-Angeles Brewing! Om 82-89.
& Malting Co. v. Carter, 154 P. 601.


See Carriers.
(C) Evidence.
Em 124 (Wash.) In action for collision, ship-

pers' invoices held admissible to show damages
to freight in absence of showing that shippers' See Schools and School Districts, em 63–100.
claims were fraudulent or invoice prices were
in excess of actual value of freight.--Angeles COMMUNITY PROPERTY.
Brewing & Malting Co. v. Carter, 154 P. 601.

See Husband and Wife, em 257-270.
(D) Damages.
em 130 (Wash.) In action for collision, inter-

est on sums paid out on repairs and freight See Negligence, 97, 98.
claims held improperly computed from date ves-
sel resumed run.-Angeles Brewing & Malting
Co. v. Carter, 154 P. 601.


See Attorney and. Client, 130–167; Bro-

kers, m43-88; Contracts, mm 229; Eminent

Domain, www71-264; Insurance, w 84 ; Mas-
See Adverse Possession.

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 Conspiracy, Om41.

See Carriers; Courts, Ow489.

See Jury, @m110.


See Pleading, Om52, 72.
En 14 (Ariz.) As the Webb-Kenyon Act divested
intoxicating liquors of their interstate character,
Const. art. 23, § 1, prohibiting disposal or in- CUMPUSITIUNS WITH URCDITURS.

troduction into the state of intoxicating liquors,
is not an interference with interstate commerce.

· See Compromise and Settlement.
-Sturgeon v. State, 154 P. 1050.

Om2 (Okl.) To constitute a valid composition,

there must be a mutuality of contract between
II. SUBJECTS OF REGULATION. the debtor and creditor; a mere unilateral

27 Mont.) Proof that decedent was employ. agreement purporting to bind the debtor not be-
ed and the railroad company engaged in intering enforceable against the creditor until ac-
state commerce at the time of the accident held | cepted by him.-0. D. Osborne & Co. v. Wbite,
indispensable to the right to recover under the

154 P. 653.
federal Employers' Liability Act.-Alexander v.
Great Northern Ry, Co., 154 P. 914.

Where a railroad conductor was killed from
derailment of car on a branch line wholly with-

See Accord and Satisfaction; Attorney and

Client, Om 101; Compositions with Creditors;
in the state, while he was taking cars loaded
with ties to a siding from which they would

Payment; Release.
later be taken to a point within the state to be w 5 (Ariz.) Plaintiff, who entered upon land
treated, after which they would be used with under an invalid oral agreement for a lease,
in or without the state. he was not employed

held not to have completed an agreement to ac-
in interstate commerce, and hence the action cept a division of crops in payment and hence
was not sustainable under the federal Employ that he might recover the value of his services.
ers' Liability Act.-Id.

--Crape v. Franklin, 154 P. 1036.
On 27 (Wash.) One inspecting the main track
of a railroad engaged in intra and inter state

commerce is engaged in "interstate commerce,'
and an action for his death or injury falls with. See Limitation of Actions, Om51, 58; Time.






I m42 (Okl.) The constitutionality of a statute

will not be considered until presented in a case
See Account Stated, 8; Appeal and Error, wherein the rights of the party'alleging the un.

662, 1008; Criminal Law, 1159; Di. constitutionality are affected by the statute.-
vorce, 172, 255; Judgment, 642, 739;Insurance Co. of North America v. Welch, 154
Public Lands, Om 106.

P. 48.

mm 47 (Or.) The constitutionality of a statute

or ordinance is usually to be tested, not by what
See Eminent Domain.

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-
See Appeal and Error, w1240; Corporations, tutional where a reasonable doubt exists as to

ww116; Fraudulent Conveyances, 241; | its invalidity.-Evanhoff v. State Industrial
Limitation of Actions, Om65; Vendor and Acc. Commission, 154 P. 106.
Purchaser, 303.


See Criminal Law, Om518, 519.


(A) Legislative Powers and Delegation

See Municipal Corporations, em493; Taxation,

m55 (Cal.) Civ. Code, s 3423, subd. 4, for-

bidding injunction against execution of public

statutes, is not legislative invasion of functions
of judicial department.-Reclamation Dist. No.

1500 v. Superior Court in and for Sutter Coun-
See Building and Loan Associations, w27. ty, 154 P. 845.

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-
See Attorney and Client, w143; Contracts, I islative attempt to limit the inherent power o.

117, 129; Evidence, 419; Frauds, constitutional courts to punish for contempt.-
Statute of, cm33; Fraudulent Conveyances, State v. Brownell, 154 P. 428.

w 61 (N.M.) Laws 1912, c. 84 (Code 1915,

88 1877-1958), providing for organization of

drainage districts through the courts, held not
See Corporations, ww590.

unconstitutional as conferring on courts power
of taxation; the power of approving and con-
firming assessments for benefits in drainage dis-

tricts not being the power of taxation.-In re

Dexter-Greenfield Drainage Dist., 154 P. 382.
(A) Offenses.

62 (Cal.) Public Utilities Act, $ 47, as
41 (Okl.Cr.App.) Where there is a conspir- amended (St. 1913, p. 684), authorizing Rail-
acy within Rev. Laws 1910. $ 2232, to defraud road Commission to fix compensation to be
by forging a deed, all persons engaged therein

paid by water district, etc., requiring property
are responsible for all that is done in pursuance of any existing public utility, held to confer
thereof by any of their coconspirators, until the "judicial power.”-Marin Water & Power Co.
object of the conspiracy is fully accomplished.-

konspiracy is fully accomplished A v. Railroad Commission of State of California,
Grayson v. State, 154 P. 334.

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
For validity of statutes relating to particular are conferred on the state insurance board.-In-

subjects, see also the various specific topics. surance Co. of North America y. Welch, 154 P.
Enactment and validity of statutes in general, | 48.
see Statutes, um 15-64.

62 (Or.) An order of the state highway com-
Special or local laws, see Statutes, On 74–95. mission attempting to vary the duties imposed
Subjects and titles of statutes, see Statutes, em by statute on the state engineer is void, since,

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.
Om 15 (Or.) Sections of the Constitution relat- (B) Judicial Powers and Functions.
ing to the same subject-matter must be read 67 (N.M.) Laws 1912, c. 84 (Code 1915, $$
and construed together.-State V. Port of As- | 1877-1958), providing for organization of drain-
toria, 154 P. 399.

age districts through the courts, held not viola-
On 24 (Okl.) Comp. Laws 1909, $S 1312–1332, tive of Const. art. 3, § 1, limiting the rights
relative to the assessments of corporate stock, of officers charged with powers belonging to one
was abrogated by Const. art. 9, § 39.-Muskogee of the three departments of government to exer-
Industrial Development Co. v. Ayres, 154 P. cise powers belonging to another department;

the duties imposed by the act being judicial and
On 26 (Okl.) The grant of specific authority to not legislative or executive.--In re Dexter-
the Legislature by Const. art. 9, $ 19, to vest Greenfield Drainage Dist., 154 P. 382.
the Corporation Commission with additional Ow70 (Kan.) Within the constitutional limits
powers and duties held not to deprive the Legis- (Bill of Rights, 88 2, 19; Const. art. 1, & 15:
lature of its power to create the state insurance article 2, $$ 3, 6; article 3, § 13; article 6, $s
board and vest it with the powers enumerated 3-8; article 11, $$ 3, 5-8), the Legislature is
in Laws 1915, c. 174.-Insurance Co. of North supreme in the matter of disposal of public
America v. Welch, 154 P. 48.

funds and property, and its discretion cannot
38 (Cal.) Legislative act conflicting with

be interfered with by the judicial department.--
Constitution is utterly void, having no force or

Hicks v. Davis, 154 P. 1030.
legal existence.-Reclamation Dist. No. 1500 v. 74 (N.M.) Laws 1912, c. 84 (Code 1915, $8
Superior Court in and for Sutter County, 154 1877-1958), providing for organization of drain-

tive of Const. art. 5, § 5, relative to the nomina- , ileges and immunities of citizens.-State V.
tion and appointment of officers not otherwise Ware, 154 P. 905.
provided for; commissioners of drainage dis- 208 (Or.) Where an ordinance requiring
tricts not being in the class contemplated by inspection of meats slaughtered without the city
such section.-In re Dexter-Greenfield Drainage as a condition to their sale within fixed differ-
Dist., 154 P. 382.

I ent rules for persons slaughtering less than five

animals per week than for others, allowing the
(C) Executive Powers and Functions. former to bring in the carcasses for inspection,
On77 (Kan.) Within the constitutional limits the classification is not unreasonable.--Sterrett
(Bill of Rights, $8 2, 19; Const. art. 1, § 15; & Oberle Packing Co. v. City of Portland, 154
article 2, 8$ 3, 6; article 3. & 13; article 6, 8ŚP. 410.
3-8; article 11, $$ 3, 5-8), the Legislature is

To justify a classification in a statute or ordi-
Supreme in the matter of disposal of public nance, there must be some difference between
funds and property, and its discretion cannot the classes which bears a just and proper rela-
be interfered with by the executive department.

tion to the purposes of the law.-Id.
-Hicks v. Davis, 154 P. 1030.

In so far as a Portland ordinance requiring
Where the Legislature regularly appropriates inspection of meats and slaughterhouses as a
money to pay a claim for traveling expenses of condition to the sale within the city, but ex.
a state employé, the merits of the claim can-

cnim can. empting plants subject to federal inspection
not be revicwed by the auditor of state.-Id. laws, prescribes higher rules than federal regu.

lations, it is discriminatory and invalid.-10.
Om 80 (Or.) Workmen's Compensation Act, cre-
ating State Industrial Accident Commission

208 (Or.) Laws 1913, c. 278, requiring per-
charged with its administration, held not to vio-

sons engaged in loaning money at more than 10
late Const. art. 3, § 1, dividing the powers of

per cent. to obtain a license, excepting the busi-
government into the legislative, executive, and

ness of state and national banks, licensed bank.
judicial departments.-Evanhoff v. State Indus-

ers, savings banks, etc., held not unconstitu-
trial Acc. Commission, 154 P. 106.

tional as discriminatory class legislation.-
Under Const. art. 7, § 1, as amended in 1911,

State v. Ware, 154 P. 905.
Legislature held to have power to confer judicial

functions upon the State Industrial Accident
Commission created by Workmen's Compensa-

reated by workmen's Compensa-em229 (Okl.) The equal protection clause of
tion Act.-Id.

Const. U. S. Amend. 14, held not to prevent a

state from making a reasonable adjustment of
IV. POLICE POWER IN GENERAL. its system of taxation or to compel the states
Om81 (Or.) The police power of the states

to adopt an invariable rule of uniform taxa-

tion.-In re Gross Production Tax of Wolverine
and other governmental subdivisions is justified

Oil Co., 154 P. 362.
on the theory that the welfare of the people is

The equal protection clause of Const. U. S.
the supreme law.--Sterrett & Oberle Packing
Co. v. City of Portland, 154 P. 410.

15 Amend. 14, intends only that the equal protec-
A statute designed to prevent.spread of con-

tion and security shall be given to all under

ke circumstances, and that no greater burdens
tagious diseases, or to protect public health.
which operates on all alike, is not invalid under

shall be laid on one than on others in the same
the state or federal Constitution.--Id.


229 (Okl.) Rev. Laws 1910, 88 6771-6775,
Cum 81 (Wash.) The police power of the state imposing penalties on delinquent taxes and mak-
cannot be surrendered to the national govern-lind dienestien thoneof beint violative of th
ment.--State v. Towessnute, 154 P. 805; Same equal protection clause of the federal Constitu-

1 ing disposition thereof, held not violative of the
v. Alexis, Id. 810.

tion.-Board of Com’rs of Custer County v.
In controversies involving the exercise of the

e City of Clinton, 154 P. 513.
police power of the state, the federal courts
will resolve every doubt in favor of the state

m 240 (Okl.) Laws 1915, c. 174, creating the
law, and even in case of a state law on a sub-

state insurance board, etc., heid not violative of
ject within the control of the federal govern-

. equal protection clause of Const. Amend. U. S.
ment the state law will be upheld until the fed. 14.- Insurance Co. of North America v. Welch,
eral law has been extended to that subject.-Id.

154 P. 48.
An owner cannot remove his property from

That Laws 1915, c. 174, exempts certain insur-
the police power of the state by making a con-

| ance companies from its operation does not ren-
tract concerning it, nor can the state, under

der it invalid as to companies not exempted, as
the police power, permit a confiscation.-Id.

denying them equal protection of the laws.-Id.


276 (Okl.) Laws 1915, c. 174, creating the
89 (Cal.) Act May 1, 1911 (St. 1911, p.

state insurance board, etc., held not an unwar-
1313), amending Code Civ. Proc. § 1183, to re- rai

ranted interference with the power of insurance
quire that contractors furnish a bond to secure

companies to contract.-Insurance Co. of North
laborers and materialmen as a condition to the

America v. Welch, 154 P. 48.
owner's exemption from liability to them in an 284 (Okl.) Rev. Laws 1910, 88 6771-6775,
amount in excess of the contract price, held not imposing penalties on delinquent taxes and mak-
violative of Const, art. 1, § 1, guaranteeing the

ing disposition thereof, held not violative of
right of contract.-Roystone Co. v. Darling, 154 the due process of law provision of the federal

Constitution.-Board of Com’rs of Custer Coun-

ty v. City of Clinton, 154 P. 513.
cm 106 (Wash.) There is no vested right in

296 (Cal.App.) Bank Act, $ 15, as amended
any particular remedy or form of proceeding.--

in 1913 (St. 1913, p. 145, § 16), as to payment

into state treasury of unclaimed bank deposits,
White y. Powers, 154 P. 820.

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,
206 (Or.) Laws 1913, c. 278, regulating | p. 145, § 16), relative to payment of unclaimed
the business of loaning money at more than 10 bank deposits into state treasury, held not to
per cent, interest and confining the privilege to deny due process of law in view of Code Civ.
residents, or those subject to process in the Proc. § 1234.-Id.
state, held not to violate Const. U. S. art. 4,

8 2 96 (Okl.) Laws 1915, c. 174, creating the
2, Const. Amend. 14, § 1, relating to the priv- l state insurance board, etc., held not violative of

P. 15.

the due process of law provision of Const., 1

Amend. U. S. 14.-Insurance Co. of North Amer-
ica v. Welch, 154 P. 48.

See Elections, Om305.
em 305 (Wash.) A general law administered in
its regular course, according to the form of

procedure suitable to the nature of the case, See Remainders.
conformably to the fundamental rules of right,
affecting all persons alike, is due process, the

elements of which are notice and opportunity
to defend, though due process does not require See Appeal and Error, 189, 966.
any particular form of proceedings.-White v. 6 (Kan.) Denial of a continuance, sought
Powers, 154 P. 820.

because plaintiff through poverty was unable to
Cum 309 (Wash.) Constructive notice to a resi- look up evidence, held not error, where it ap-
dent of the state in proceedings to foreclose peared that plaintiff had dismissed a previous
chattel liens for work and labor performed, action brought by him for the same cause with-
provided by Rem. & Bal. Code, $$ 226, subd. 12, in the year, when it was brought to trial.-Han-
228, 1105-1107, and 1157, does not violaté son v. Missouri Pac. Ry. Co., 154 P. 1033.
Const. U. S. Amend. 14, and Const. Wash. art. 20 (Okl.) A motion for continuance for ab-
1, § 3, requiring due process of law; that re- sence of counsel is addressed to the court's dis-
quirement being fulfilled by the grant of a right cretion.-Jones v. Thompson, 154 P. 1139.
to proceed in equity.-White y. Powers, 154 P.

Notice of sale on foreclosure of chattel lien
merely posted and not published, nor personally See Abatement and Revival, Om53; Accord and
served on the defendant who resided in another Satisfaction; Account Stated; Action, em
county of the same state, held not a compli 48; Assignments; Attorney and Client, em
ance with Rem. & Bal. Code, 88 226, subd. 12, 143; Bailment; Bills and Notes ; Bonds;
228, 1105–1107, and 1157, and therefore in vio Carriers, em 207, 271; Champerty and Main-
lation of Const. U. S. Amend. 14 and Const. tenance; Chattel Mortgages; Compositions
Wash. art. 1, § 3, requiring due process of law. with Creditors ; Compromise and Settlement;

Constitutional Law, 89, 276; Corpora-
313 (Or.) Workmen's Compensation Act tions, 116–121 ; Counties, em 124; Čove.
held not to violate Const. U. S. Amend. 14, 8 nants; Damages, 120, 189; Dismissal
1, relating to due process of law, as attempting and Nonsuit, am 26; Evidence, 165, 400;
to provide for the trial of causes without a jury. Exchange of Property; Frauds, Statute of;
since it leaves both the employer and the em Husband and Wife, em 81-86; Indemnity;
ployé free to accept or reject its provisions. Injunction, 61 ; Insurance, 136–177;
Evanhoff v. State Industrial Acc. Commission, Interest; Intoxicating Liquors, 327;
154 P. 106.

Liens; 'Limitation of Actions, cm15, 51;

Mandamus, 84, 93; Mechanics' Liens;
XII. RIGHT TO JUSTICE AND REME. Mines and Minerals; Money Received ; Mort-

gages; Municipal Corporations, 373, 442,
Om 321 (Or.) Notwithstanding Const. art. 1, $

751; Novation: Payment; Principal and
10, held, that the Portland city charter, impos-

Agent, ew102, 132, 155 ; Principal and Sure-
ing on abutting owners the duty of maintaining

ty; Reformation of Instruments; Release;

Sales; Specific Performance; Subrogation;
walks in repair, is valid.-Humphry v. City of

Usury; Vendor and Purchaser; Waters and
Portland, 154 P. 897.

Water Courses, Cum 156; Work and Labor.
On328 (Or.) Workmen's Compensation Act
held not to violate Const. art. 1, § 10, requiring I. REQUISITES AND VALIDITY.
justice to be administered openly, and guaran-

(A) Nature and Essentials in General.
teeing right to justice and remedy for injuries.-
Evanhoff v. State Industrial Acc, Commission,

9 (Wash.) An action will lie on an instru.
154 P. 106.

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.
174, 175; Constitutional Law, em 15 ; Con- A contract whereby the plaintiff architect
tracts, m147-229; Covenants, Om57 ; Crim- was to draw plans and superintend the construc-
inal Law, Cm893Deeds, 95, 99; Insur- tion of a building for the defendants, if at any
ance, mm 177; Judgment, 526; Mines and time in the future the defendants should erect
Minerals, Om 80; Pleading, 34; Sales, a building, was too indefinite and uncertain to
Om64; Statutes, 181-226; Trusts, no | be enforced.-Id.
135, 140; Vendor and Purchaser, Cw58-80;
Wills, 437, 487, 759.

(E) Validity of Assent.

On 94 (Okl.) A contract procured to the in-
CONSTRUCTIVE TRUSTS. jury of one contracting party by fraudulent rep-

resentations, or conduct of the other as to a
See Trusts, em 95, 100.

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-
See Constitutional Law, 56; Indictment tract thereby ratifies the contract as valid and
and Information.

binding.-Stramel v. Hawes, 154 P. 232.

(F) Legality of Object and of Consider

72 (Or.) Under L. 0. L. $8 670, 671, 959,
subd. 1, defining contempt, attorney for one low.

olem 117. (Wash.) A contract of the seller of a

(Wasb.) A contract of the seller ota
charged with rape, who procured the latter's business not to engage in the same business in
wife and children, witnesses, to leave the state the same locality "for not less than two years"
was improperly sentenced, in contempt proceed is not invalid as an illegal restraint of trade
ings, based on an affidavit not charging that without limitation as to time.-Loutzenhiser v.
the remedy of a party was prejudiced, to a pun- l'eck, 154 P. 814.
ishment in excess of a fine of $100.--State v. m 129 (Okl.) A contract, that a national bank


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