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merchant of whom it was the largest creditor | months and was paid a higher rate by the com-
and pay all creditors' claims on condition that missioners, did not prevent him from recover-
the court accept the resignation of an assignee ing reasonable compensation, though in excess
theretofore appointed and appoint a person of the agreed rate.--Id.
named by the bank, held not void as against
public policy.-Parker Gordon Cigar Co. v. V. PERFORMANCE OR BREACH.
First Nat. Bank of Claremore, 154 P. 1153. lem287 (Wash.) Decision of architect made um-

pire for settlement of disputes in building con-
II. CONSTRUCTION AND OPERA. I

tract that extra elevator contemplated by plans
TION.

in event owner decided on ten-story instead of
(A) General Rules of Construction. six-story building after construction was begun
Om 147 (Wash.) A written contract should be

was included in price fixed for ten-story building

and was not an extra held binding on plaintiff
read as a whole and all of its provisions consid-

contractor in absence of fraud, palpable mis-
ered, and too much effect cannot be given isolat-

take, or arbitrary action.-Sound Construction
ed provisions.--Tacoma Mill Co. v. Northern
Pac. Ry. Co., 154 P. 173.

& Engineering Co. v. Green, 154 P. 791.
The duty of the courts, when construing ques-

C 303 (Wash.) Where a ranch owner, con-
tioned contracts, to search out the intention of

tracting for the installation of a pump at his
the parties, is well established, but that duty

well, agreed to put in a foundation, the install-
arises out of an ambiguity, and, when the instru-

ing company to furnish the plans therefor,
ment is not ambiguous, effect must be given to

which it failed to do, exhibiting only a rough
its terms.--Id.

sketch, the owner's failure to install the requi-
Em 147 (Wash.) The intention of the parties,

site foundation was not an excuse for the in-

stalling company's failure to deliver the ma-
as expressed or reasonably implied in a written

chinery at the well.–United Iron Works v.
contract, must prevail.-Loutzenhiser v. Peck,
154 P. 814.

Wagner, 154 P. 460.
E 175 (Wash.) In an action for the price of

305 (Wash.) Where a contractor agreed
the installation of a pump, defendant ranch

with a city to construct a building for it, the
owner's evidence showing that the question of

contract providing that no certificate for pay-
time of delivery and installation was discussed

ament during the progress of the work should be

construed as an acceptance thereof, the city
when the contract, which was silent as to the
matter of time, was made, was admissible to

was not estopped, by making payments to the
show what was a reasonable time for delivery.

contractor, to claim damages from him for de-

| lay and failure to complete the work.--Garey v.
-United Iron Works v. Wagner, 154 P. 460.

City of Pasco, 154 P. 433.
en 176 (Okl.) Whether a party to an unambig-

m319 (Wash.) Recovery against a ranch own-
uous contract is an independent contractor is a

er by a company which had contracted to in-
question of law to be determined by the court

stall a pump for him of the full contract price
from an inspection of the contract in the light

for the installation on the ground of substantial
of surrounding circumstances.- Pressley v. In-

performance only was improper.-United Iron
corporated Town of Sallisaw, 154 P. 660.

Works v. Wagner, 154 P. 460.
(B) Parties.

Ow323 (Wasb.) In an action by a corporation
em 187 (Wash.) Where one promises to pay an-

which had contracted with a ranch owner to
other's debt to a third person, such third person

install a pump at his well for the price of the
may sue directly upon the promise.--Union Ma-

installation, the questions whether or not there
chinery & Supply Co. v. Darnell, 154 P. 183.

had been a substantial delivery of the machin-

ery, and whether or not substantial delivery had
(C) Subject-Matter.

been waived by the owner, held questions of fact
Com 198 (Wash.) Agreement for construction of

e for the jury under the circumstances.-United

| Iron Works v. Wagner, 154 P. 460.
building held not to contain an agreement for
arbitration of the amounts due for extra work
by the building architect or for demurrage, so
that plaintiffs might resort to the courts to de. See Negligence, 83-101.
termine such amount.-Russell & Gallagher v.
Yesler Estate, 154 P. 188.

CONVERSION.
Although the law favors the settlement of dis-
putes by arbitration, it will compel parties to See Trover and Conversion.
resort thereto only when the terms of their
contract are clear and certain in showing that

CONVEYANCES.
they had such intention.--Id.

See Assignments; Assignments for Benefit of
(D) Place and Time.

Creditors ; Chattel Mortgages; Corporations,

542; Deeds; Fraudulent Conveyances ;
cm 208 (Wash.) Delivery at ranch owner's land-

Husband and Wife, em 14, 267; Mortgages ;
ing of machinery for the installation of a pump

Vendor and Purchaser,
at his well 300 feet away up a steep and rock
bank held not such a delivery on plaintiff's
land as to call for payment of the first install-
ment of the price as provided.-United Iron 5 (Nev.) District court has jurisdiction to
Works v. Wagner, 154 P. 460.

order life convict before it to stand trial for

murder.--State v. Tranmer, 154 P. 80.
(F) Compensation.

Om6 (Colo.) Where adoptive mother in peni-
229 (Okl.) Where a contract provided that tentiary was served with process in proceeding
a superintendent should be paid out of the speci- to commit child to home for dependent children
fied compensation of architects employed to under provisions of Rev. St. 1908, SS 568-585,
make drawings for county buildings, but left the court had jurisdiction.--Board of Control of
amount of his compensation blank, he was en- State Home v. Mulertz, 154 P. 742.
titled to a reasonable compensation.--Miller y.
Hair, 154 P. 1002.

Where the contract with architects left blank
the amount of compensation payable by them See Abatement and Revival, 57; Banks
to a superintendent, the fact that the com- and Banking; Building and Loan Associa-
missioners and architects agreed on a certain tions; Carriers; Costs, Om98; Counties;
amount per month, which agreement was not Courts, On 121 ; Criminal Law, mm 403; In-
communicated to him, and he worked several surance; Limitation of Actions, 37, 58,

CONTRIBUTORY NEGLIGENCE.

CONVICTS.

CORPORATIONS.

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100; Mandamus, m 87; Municipal Corpora- | wrong against the corporation and only to give
tions; Parties, 95 ; Railroads; Religious a right of action to the defrauded purchasers.
Societies; Street Railroads; Telegraphs and --Id.
Telephones; Waters and Water Courses, cow w 2074/2 [New, vol. 10 Key-No. Series]
254.

(Cal.) In stockholder's action, motion to

dismiss appeal as to certain defendants because
IV. CAPITAL, STOCK, AND DIVI. of composition agreement between them and
DENDS.

plaintiffs held not properly before the court, as
(A) Nature and Amount of Capital and such agreement required approval by the trial
Shares.

court.-Whitten v. Dabney, 154 P. 312.
en 62 (Cal.) Under Civ. Code, $ 290, subd. 6,

mw211 iCal.) In stockholder's action, issuance
and sections 307, 322, articles of incorporation

of all of the stock of the corporation in payment
declaring that the capital stock should consist

of property held not shown to be corrupt by al-
of 50,000 shares of common stock of the par

leging that it was the outcome of a conspiracy.--
value of $1, and 47,500 shares of preferred stock

| Whitten v. Dabney, 154 P. 312.

In stockholder's action to require an account:
of the par value of $20, violate the law because
by power to vote the common stock would con-

ing by former owners of all of the stock and

| person acquiring control of the corporation from
trol, though the capital invested therein was less
than that in the preferred.-Film Producers v.

them, complaint held to state facts demanding

an investigation and inquiry by a court of equi.
Jordan, 154 P. 605.

ty.-Id.
(B) Subscription to Stock.

(D) Liability for Corporate Debts and
90 (Okl.) The provisions of Comp. Laws

Acts.
1909, $$ 1312–1332, relative to forfeiture and 264 (Cal. App.) Under Code Civ. Proc. $ 359,
sale of corporate stock to pay subscriptions, if

an action against stockholders to enforce their
in force, would be cumulative, and not bar an

liability for the company's breach of a lease
action on a subscription contract.-Muskogee

agreement must be brought within three years
Industrial Development Co. v. Ayres, 154 P. after such breach, not within three years after
1170.

the lessor's discovery thereof.-Johnson v. Hin-
(C) Issue of Certificates.

kel, 154 P. 487.
99 (Cal.) It was within the power of a cor- For purposes of the statute of limitations, the
poration to issue all of its stock in payment of liability of an oil company upon a lease agree-
leaseholds upon oil lands transferred to it. ment not to remove the casing from oil wells
Whitten v, Dabney, 154 P. 312.

upon abandonment was created, not by execu-

tion of the lease, but by removal of the casing.
(D) Transfer of Shares.

--Id.
Om 116 (Okl.) An escrow contract to buy cor VI. OFFICERS AND AGENTS.
porate stock, construed with an attached let-
ter and held to contemplate, as a condition (C) Rights. Duties, and Liabilities as to
precedent to its binding effect, that the company

Corporation and Its Members.
would give a bond binding it to pay all royal- 317 (Wash.) For a stockholder, though an
ties and carry out the terms of a lease assign- officer, in buying from others their stock as a
ed to it by the buyer of the stock.-Swift v. personal venture, not to disclose that he had a
McAlester Trust Co., 154 P. 1175.

contract to sell it above its value to another
em 1 16 (Wash.) Defendant cannot avoid bis corporation desiring control, held not actiona-
contract of purchase of stock because of plain- ble deceit.-Haverland v. Lane, 154 P. 1118.
tiff's representations, not shown to be anything Ons 318 (Cal.) Where the directors of two cor-
more than mere opinions about value, or to porations were the same persons, and the ma-
have been relied on in making the contract. -- jority of the shares were owned by the same
Templeton v. Warner, 154 P. 1081.

person, a transaction between the two corpora-
cm 118 (Okl.) Where S. and C., stockholders of tions is only voidable and mav be ratified.-
the A. Co., made an escrow contract by which Manning v. App. Consol. Gold Mining Co., 154
C. was to buy S.'s stock on a contingency P. 301.
which never happened, held, that S. was not
entitled to recover the agreed price, or to en-

(D) Liability for Corporate Debts and
join the return of same to C. by the escrow

Aots.
holder.-Swift y. McAlester Trust Co., 154 P.) em 338 (Mont.) Where a corporation failed to
1175.

file the required financial statement and then
121 (Cal.App.) Where a stock purchase con- gave notes, directors liable for the debts of the
tract provided that payment to the seller's agent, corporation under the direct provisions of Rev.
a bank, would be sufficient, held, in an action Codes, $ 3850, as amended by Laws 1909, p.
on a check given to the bank and payable to it 217, § 1, are not discharged because of renewal
or bearer, that evidence of the bank's delivery of the instruments. First Nat. Bank of Mis-
of the check to the seller was admissible. - soula v. Cottonwood Land Co., 154 P. 582.
Bank of Bakersfield v. Conner, 154 P. 869.

351 (Mont.) Under Rev. Codes, $ 5866, a
123 (Cal.) Where a pledge of corporate right of action against directors of a corpora-
stock was not recorded on the books of a cor- tion which failed to file a financial statement
poration, it is, under Civ. Code, $ 324. valid as required by section 3850, as amended by
only as between the parties, and the act of the Laws 1909, p. 217, § 1, must be on the debt.
corporation in issuing a new certificate for the and cannot be on a note which they did not
pledged stock cannot be questioned by a third sign.-First Nat. Bank of Missoula v. Cotton-
person.--Manning v. App Consol. Gold Mining wood Land Co., 154 P. 582.
Co., 154 P. 301.

VII. CORPORATE POWERS AND
V. MEMBERS AND STOCKHOLDERS.

LIABILITIES.
(C) Suing or Defending on Behalf of Cor (B) Representation of Corporation by Or.
poration,

ficers and Agents.
mm 204 (Cal.) Stockholder's action held main-On426 (Utah) Corporation held to have rati-
tainable only to redress wrongs and impositions fied option to purchase land given by its presi-
suffered by the corporation, and not to redress dent and thereby become bound by his contract,
the individual wrongs of the stockholders.- by making and forwarding a deed.--Tyng v. Con-
Whitten v. Dabney, 154 P. 312.

stant-Loraine Iny, Co., 154 P. 767.
False representation by owner of stock opw 432 (Or.) Finding that corporation's man-
sale thereof that it was treasury stock and that ager, in sole charge of its plant, had authority
proceeds would go into treasury, held not. a I to employ superintendent, held supported by evi-

CORPUS DELICTI.

dence, and not to be disturbed.-Doolittle v. Pa- applied by the directors of the selling corpora-
cific Coast Safe & Vault Works, 154 P. 753. tion.-Id.

Where a corporation buys all the property of
(E) Torts.

another for full value and without fraud, notice
mw491 (Wyo.) Corporations are liable for ultra to the purchasing corporation that the selling
vires torts.-Stockgrowers' Bank of Wheatland corporation is insolvent is not notice of the
v. Gray, 154 P. 593.

directors' intent to misapply the purchase mon-

ey.-Id.
(F) Civil Actions.
499 (Wash.) Payment of corporation license

XI. DISSOLUTION AND FORFEITURE
fee required by Rem. & Bal. Code, Š 3715, after

OF FRANCHISE.
trial and before argument for new trial or en- m 617 (Wash.) An assignment of its indem-
try of findings and decree, is sufficient compli- nity policy by an insolvent coal company the
ance with the statute to authorize suit by cor- name of which had been stricken by the sec-
poration especially where defendant took judg- retary of state from the public rolls for fail-
ment on his counterclaim in the action.-North ure to pay its annual licenses to the widow of
west Motor Co. v. Braund, 154 P. 1098.

a deceased employé, who had recovered judg-
Om 508 (Wash.) Where defendant corporation,

ment against the company for the death, was
after being served through its president and

and not void, but voidable, and could not be com-
notified of the amendment of the complaint cor- plained of by the insurer.-Davies v. Maryland
recting a misnomer of defendant. elected to / Casualty Co., 154 P. 1116.
stand upon its amended answer in general de-

XII. FOREIGN CORPORATIONS.
nial, there was a sufficient appearance to give
the court jurisdiction.-Freeborn v. Chewelah mw 642 (Okl.) A foreign corporation engaged in
Copper King Mining Co., 154 P. 1095.

interstate commerce within the state with a

resident thereof is not subject to Sess. Laws
VIII. INSOLVENCY AND RECEIVERS. | 1909, c. 10, art. 1, fixing the duties of foreign
542 (Cal.) A conveyance of the property of

corporations.--Hollister v. National Cash Reg-
a corporation whereby the grantee company as-

ister Co., 154 P. 1157.
sumed the debts of the grantor is based on a

Im 653 (Idaho) Under Rev. Codes, $ 2792,
valuable consideration, and is not fraudulent where plaintiff, an officer and trustee of a for-
within Civ. Code, s '3442.-Manning v. App eign corporation, was chargeable with knowl.
Consol. Gold Mining Co., 154 P. 301.

edge that the corporation, apparent maker of
Where one corporation conveyed all of its the notes suedon, had not complied with the
property to a foreign corporation so that threat. state laws, and that the corporation's acts in
ened litigation might be conducted in the fed- purchasing corporate stock from him were in
eral courts. instead of the courts of the resi- violation of law, he could not recover.-Dietrich
dence of the grantor corporation, such fact does v. Copeland Lumber Co., 154 P. 626.
not show that the conveyance was fraudulent.
Id.

545 (Okl.) A director of an insolvent corpo- | See Homicide, em 228.
ration cannot prefer an antecedent unsecured
debt due to himself, where such preference will

CORROBORATION.
deprive other creditors of the entire amount due
them; the directors being trustees for the bene- See Criminal Law, Ow510, 511.
fit of creditors.--Union Coal Co. v. Wooley, 154
P. 62.

COSTS.
Where a corporation sells all its property, the
money paid is held by the directors in trust for | See Garnishment, Ew225.
payment of creditors, the residue if any, to be
paid to the stockholders.--Id.

1. NATURE, GROUNDS, AND EXTENT
547 (Okl.) Where directors of an insolvent

OF RIGHT IN GENERAL.
corporation sold all of its property and paid 2 (Idaho) Rev. Codes, Š 4912, relative to
debts alleged to be due themselves, but paid taxation of costs for the prevailing party, refers
nothing to plaintiff, equity had jurisdiction of only to costs and disbursements incurred in the
an action to charge such directors as trustees. action in Idaho courts, and not to costs occa-
--Union Coal Co. v. Wooley, 154 P. 62.

sioned by proceedings in the United States Land
Where directors of an insolvent corporation Office in support of an adverse claim under
have paid a debt due themselves in preference Rev. St. $ 2326 (U. S. Comp. St. 1913, $ 4623).
to debts due other creditors, and mingled with --Golden Marguerite Silver & Copper Mining
their own funds the money received, a personal Co. v. National Copper Mining Co., 154 P. 207.
judgment may be rendered against them in fa- 13 (Or.) In an equitable proceeding the al-
vor of a creditor who has received nothing.-Id. lowance of costs and disbursements rests in the

A party haring a pending action for tort discretion of the court.--City of Portland v.
against a corporation is a "creditor” within American Surety Co. of New York, 154 P. 121.
Rev. Laws 1910, § 2893, defining "creditor,” em 22 (Cal. App.) Under Code Civ. Proc. $8
where he afterwards obtains judgment.--Id. 1022, 1025, to carry costs a judgment of the

548 (Cal.) In a suit by a judgment creditor superior court must amount to $300, so that
of a corporation to set aside a conveyance of judgment for nominal damages will not do so.-
its property to another corporation, which as- Lund v. Lachman, 154 P. 295.
sumed the debts, evidence held insufficient to 47 (Cal. App.) In ejectment by the vendor
show that the conveyance was fraudulent. of realty against the assignee of the buyer and
Manning v, App Consol. Gold Mining Co., 154

others upon default in payment, where the com-
P. 301.

plaint stated no cause of action against a de-
X. CONSOLIDATION.

fendant which had and claimed no interest in
C590 (Okl.) Where one corporation buys all

the property, judgment for costs against such
the property of another, for full value and with-

ha defendant was improper.-Sweet v. Richvale
out fraud, the purchasing corporation acquires

Land Co., 154 P. 608.
title free from claims of creditors of the selling
corporation.-Union Coal Co. v. Wooley, 154

III. PERSONS, PROPERTY, AND
P. 62.

FUNDS LIABLE.
Where a corporation for full value and with- 98 (Cal.) In stockholder's action, court's
out fraud buys all the property of another, it discretionary power as to costs, held not to au-
need not see that the purchase money is properly i thorize award against intervening stockholder

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COURTS.

of costs accruing before his intervention.-Whit- 1 III. PROPERTY, CONTRACTS, AND ten v. Dabney, 154 P. 312.

LIABILITIES. V. AMOUNT, RATE, AND ITEMS.

(B) Contracts.

em 124 (Okl.) Where a county, after contract146 (Idaho) Only costs necessarily incur- | ing with plaintiff to prepare plans and superinred are chargeable against the losing party, tend construction of a courthouse, abandoned unless the statute otherwise clearly provides.- the project for legal reasons, and thereafter, on Golden Marguerite Silver & Copper Mining bonds being voted, employed other architects, Co. v. National Copper Mining Co., 154 P. 207. held, that the county was not liable to plaintiff

for damages sustained.-Weathers v. Board of VII. ON APPEAL OR ERROR, AND Com’rs of Coal County, 154 P. 642. ON NEW TRIAL OR MOTION THEREFOR.

COUNTY BOARDS. 230 (Or.) Where one several subcontrac-See Counties, m43, 51. tors joined for purpose of determining their rights to participation in suit by materialman

COURTHOUSES. against contractor was denied participation and obtained reversal on appeal, he was a prevailing See Counties, w124. party, and the others were not entitled to costs against him.-City of Portland y. American Surety Co. of New York, 154 P. 121. Om 240 (Or.) Where one of several subcontrac-See Amicus Curiæ; Appeal and Error; Con. tors joined for purpose of determining their

stitutional Law, m56, 328; Contempt; rights to participation in suit by materialman

Counties, Ow124 ; Infants, cm19; Judgment, against contractor was denied participation and

Om642; Jury, aw 11; Justices of the obtained reversal on appeal, the others were not

Peace; Prohibition; Removal of Causes; entitled to costs against the contractor's surety,

Trial, em 370-404. -City of Portland v. American Surety Co. of

II. ESTABLISHMENT, ORGANIZANew York, 154 P. 121.

TION, AND PROCEDURE IN Om 246/2 (Utah) While affirmance of a judg

GENERAL. ment usually carries cost. costs will not be awarded, where appellant filed an affidavit of

(A) Creation and Constitution, and Court

Officers. impecuniosity.--Cody v. Cody, 154 P. 952.

42 (Okl.) Sess. Laws 1909, c. 14, art. 7,

under which the superior court of Pottawatomie CO-TENANCY.

county was organized, held constitutional.See Tenancy in Common.

Parker v. Hamilton, 154 P. 65.

(D) Rules of Decision, Adjudications, COUNTERCLAIM.

Opinions, and Records. See Set-Off and Counterclaim.

mw89 (Cal.) Decisions on the interpretation of written instruments have limited value when

applied to the construction of documents emCOUNTERFEITING.

bodying different language.-In re Whitney's See Forgery.

Estate, 154 P. 855.
COUNTIES.

Cm92 (Okl.) The expression of a view on a

nt not necessary to the decision is "obiter See Affidavits, cm 5; Evidence, 387; Man dictum."'-Lausten v. Lausten, 154 P. 1182. damus, m77.

mm 93 (Wash.) Where a former case announced

a rule affecting the rights of parties to contracts II. GOVERNMENT AND OFFICERS. of conditional sale under which property rights (A) Organization and Powers of Govern have become vested, the doctrine of stare decisis ment in General.

requires it to be followed, except as otherwise 24 (Cal.) In absence of constitutional re

determined by a subsequent statute.-Eilers

Music House v. Ritner, 154 P. 787. strictions, Legislature has full control of property held by counties as state's agencies with

ith 97 (Wash.) Where a case presents the same power to dispose thereof without consent of

Sent of federal question already decided in another case mnongation to the countios Roclamation by United States Supreme Court, its adjudicaor compensation to the counties.--Reclamation by Dist. No. 1500 v. Superior Court in and for

tion thereon is controlling.–Northern Pac. Ry. Sutter County, 154 P. 845.

Co. v. Tuttle, 154 P. 796.

Om 107 (Utah) In suit to quiet title to the use (C) County Board.

of water, where plaintiff claimed that he had C43 (Wash.) Under Rem. & Bal. Code, sl

developed the water, and defendants claimed 8988, and in view of Laws 1913, p. 461, § 13, |

D | that it was part of a natural stream, the opinthe Governor had power to appoint commission

| ion of a justice of the Supreme Court concurers to fill two of the vacancies caused by the re

| ring in the reversal of judgment for plaintiff

I held to have necessarily concurred also in the call of all three of the commissioners of a county; Const. art. 11, § 6, authorizing the county

affirmative judgment for defendants.-Mountain commissioners to fill vacancies, not applying.-

Lake Mining Co. v. Midway Irr. Co., 154 P.

584. State v. Dimmick, 154 P. 163. em 51 (Idaho) Under Rev. Codes, 88 1908, | III. COURTS OF GENERAL ORIG1909, held that it is the duty of the county com

INAL JURISDICTION. missioners, at their first regular meeting in Jan

(A) Grounds of Jurisdiction in General, uary next after their election, to elect a chairman to hold until expiration of his term, unless Om 121 (Cal. App.) The superior court, in an ache sooner ceases to be a commissioner.-Prich tion to enforce the liability of corporate stockard v. McBride, 154 P. 624. i

holders for its breach of contract, had no juris

diction as to defendants against each of whom (D) Officers and Agents.

damages for less than $300 were prayed.--John63 (Cal. App.) Under Const. art. 11. & 74. son v. Hinkel, 154 P. 487. par. 5, as amended in October 1911, Pol. Code, $S 894, 910, and 4024, held, that assistant proba

911..Fol. Code | IV. COURTS OF LIMITED OR INFE.

RIOR JURISDICTION. tion officer in a county had not been regularly appointed, and hence could not collect salary as on 190 (l'tah) Where a judgment of the city such officer.-Anderson v. Lewis, 154 P. 287. I court, not having been superseded, was satisfied

CREDITORS' SUIT.

on execution pending appeal to the district / pied land to which he has no title, there is an
court, the party successful below could not have immediate constructive eviction, entitling the
further judgment on his claim.--Moon v. Boll- grantee to the same remedies as though he had
winkel, 154 P. 939.

been deprived of actual possession by legal pro-

cess.-Jones v. Gallagher, 154 P. 552.
V. COURTS OF PROBATE JURISDIC-
TION.

COVERTURE.
en 200 (Okl.) Under Rev. Laws 1910, 88 1798, See Husband and Wife.
180R the superior court has jurisdiction of mat.
ters of probate in a cause appealed from the

CREDITORS.
county court to the district court and transfer.
red on motion of plaintiffs to the superior

See Assignments for Benefit of Creditors ;
court.-Parker v. Hamilton, 154 P. 65.

Bankruptcy; Compositions with Creditors;

Fraudulent Conveyances; Subrogation.
em 201 (Wash.) It is within the power of the
probate court to determine all matters neces-
sary to the due administration of an estate, so
that it may authorize the administratrix to con- | See Corporations, 548.
vey property held in trust for the benefit of oth-
ers.-Ritchie v. Trumbull, 154 P. 816.

CRIMINAL LAW.
VI. COURTS OF APPELLATE JURIS. See Assault and Battery; Bail; Burglary;
DICTION.

Conspiracy, ww41; Contempt; Convicts, m
(A) Grounds of Jurisdiction in General.

5; Embezzlement; False Pretenses; For:
w 206 (Okl.) The only questions determinable

gery; Homicide; Indictment and Informa-

tion; Intoxicating Liquors, em 131-238; Lar-
by the Supreme Court under Act March 11,

ceny; Libel and Slander,' m141-160; Ma-
1915 (Laws 1915, c. 107, art. 2, subd. A) 8 1,

licious Prosecution; Mandamus, mm 61 ;
are those instituted to determine the validity of Rape; Receiving Stolen Goods; Seduction,
such act, and not those arising in the adminis-

em32-46; Weapons, m17; Witnesses, cum
tration of it or relating to the application or

300, 359.
distribution of revenues collected.-In re Gross
Production Tax of Wolverine Oil Co., 154 P.

I. NATURE AND ELEMENTS OF
362.

CRIME AND DEFENSES
Om 207 (Kan.) The Supreme Court has no orig-

IN GENERAL.
inal jurisdiction in injunction and no power to
issue an injunctive order, except to protect its

On 24 (Okl.Cr. App.) The presumption that ev-
own jurisdiction and the rights of parties, until ery sane man intends the natural consequence
it has determined some controversy pending be-

of his act is not conclusive or alone sufficient to
fore it.-State v. Flannelly, 154 P. 235.

convict, but must be supplemented by other evi-

dence to avoid a reasonable doubt.-Jones v.
VIII. CONCURRENT AND CONFLICT- Sta

State, 154 P. 689.
ING JURISDICTION, AND
COMITY.

X. EVIDENCE.
(A) Courts of Same State, and Transfer of (C) Other Offenses, and Character of Ac.
Causes.

ensed.
488 (Okl.) Irregularities in the transfer of Om 369 (Mont.) In a prosecution for statutory
a case from the district to the superior court

| rape, proof of similar acts by defendant and
may be waived, and, when waived, any judg- the prosecuting witness is always admissible to
ment rendered by the superior court is regular.

corroborate the latter's testimony.-State v.
-Parker v. Hamilton, 154 P. 65.

Harris, 154 P. 198.
(B) State Courts and United States Courts.

(D) Materiality and Competency in Gen-

eral.
Om 489 (Kan.) State courts have jurisdiction

m395 (Or.) In a criminal prosecution for en-
of actions by shippers of interstate freight for

gaging in the loan business without a license,
repairing cars to put them in condition for use,
where the maximum charge for such repairs is

certain papers and correspondence seized by the

officers in defendant's rooms were admissible.
fixed by the tariff on file with the Interstate
Commerce Commission.-Rock Milling & Eleva-

-State v. Ware, 154 P. 905.
tor Co. v. Atchison, T. & S. F. Ry. Co., 154 P. (E) Best and Secondary and Demonstra-
254.

tive Evidence.
COVENANTS.

en 403 (Okl.Cr. App.) A photographic copy of a

deed, the signature to which was alleged to
See Husband and Wife, em 81; Landlord and

have been forged by defendant, held admissible
Tenant, m130; Logs and Logging, Onw3. on preliminary proof showing that it was in de-

fendant's possession.-Grayson v. State, 154 P.
II. CONSTRUCTION AND OPERA 334.
TION.

(F) Admissions, Declarations, and Hear-
(D) Covenants Running with the Land.

Аяу.
F 57 (Utah) A covenant of warranty by one em 406 (Cal. App.) Accused's denial of the
having neither possession of nor title to the charge against him, not being a confession, is
land conveyed does not run with the land.-H. admissible without showing that it was volun-
T. & C. Co. v. Whitehouse, 154 P. 950.

tarily made.- People v. Dye, 154 P. 875.
III. PERFORMANCE OR BREACH.

m 414 (Nev.) In a prosecution for burglary, it

was not necessary that a foundation be laid for
Om 100 (Okl.) Where a grantor purchases a the admission of defendant's statements that
paramount title after eviction of the grantee, he he purchased the stolen jewelry in certain cities.
cannot compel the grantee to accept such after- | -State v. Blaha, 154 P. 78.
acquired title în satisfaction of the covenant of 419, 420 (Wyo.) Where witnesses have died
warranty or in mitigation of damages for the or have left the jurisdiction, evidence of their
breach thereof.-Jones y, Gallagher, 154 P. 552. testimony given at a former trial between the
Om 102 (Okl.) Where a grantor assumes to con same parties cannot be excluded on the ground
vey, with full covenants of warranty, unoccu-l of hearsay.-Ivey v. State, 154 P. 589.

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