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merchant of whom it was the largest creditor | months and was paid a higher rate by the com-
pire for settlement of disputes in building con-
tract that extra elevator contemplated by plans
in event owner decided on ten-story instead of
was included in price fixed for ten-story building
and was not an extra held binding on plaintiff
contractor in absence of fraud, palpable mis-
take, or arbitrary action.-Sound Construction
& Engineering Co. v. Green, 154 P. 791.
C 303 (Wash.) Where a ranch owner, con-
tracting for the installation of a pump at his
well, agreed to put in a foundation, the install-
ing company to furnish the plans therefor,
which it failed to do, exhibiting only a rough
sketch, the owner's failure to install the requi-
site foundation was not an excuse for the in-
stalling company's failure to deliver the ma-
chinery at the well.–United Iron Works v.
Wagner, 154 P. 460.
305 (Wash.) Where a contractor agreed
with a city to construct a building for it, the
contract providing that no certificate for pay-
ament during the progress of the work should be
construed as an acceptance thereof, the city
was not estopped, by making payments to the
contractor, to claim damages from him for de-
| lay and failure to complete the work.--Garey v.
City of Pasco, 154 P. 433.
m319 (Wash.) Recovery against a ranch own-
er by a company which had contracted to in-
stall a pump for him of the full contract price
for the installation on the ground of substantial
performance only was improper.-United Iron
Works v. Wagner, 154 P. 460.
Ow323 (Wasb.) In an action by a corporation
which had contracted with a ranch owner to
install a pump at his well for the price of the
installation, the questions whether or not there
had been a substantial delivery of the machin-
ery, and whether or not substantial delivery had
been waived by the owner, held questions of fact
e for the jury under the circumstances.-United
| Iron Works v. Wagner, 154 P. 460.
See Assignments; Assignments for Benefit of
Creditors ; Chattel Mortgages; Corporations,
542; Deeds; Fraudulent Conveyances ;
Husband and Wife, em 14, 267; Mortgages ;
Vendor and Purchaser,
order life convict before it to stand trial for
murder.--State v. Tranmer, 154 P. 80.
Om6 (Colo.) Where adoptive mother in peni-
Where the contract with architects left blank
100; Mandamus, m 87; Municipal Corpora- | wrong against the corporation and only to give
(Cal.) In stockholder's action, motion to
dismiss appeal as to certain defendants because
plaintiffs held not properly before the court, as
court.-Whitten v. Dabney, 154 P. 312.
mw211 iCal.) In stockholder's action, issuance
of all of the stock of the corporation in payment
of property held not shown to be corrupt by al-
leging that it was the outcome of a conspiracy.--
| Whitten v. Dabney, 154 P. 312.
In stockholder's action to require an account:
ing by former owners of all of the stock and
| person acquiring control of the corporation from
them, complaint held to state facts demanding
an investigation and inquiry by a court of equi.
(D) Liability for Corporate Debts and
an action against stockholders to enforce their
liability for the company's breach of a lease
agreement must be brought within three years
the lessor's discovery thereof.-Johnson v. Hin-
kel, 154 P. 487.
upon abandonment was created, not by execu-
tion of the lease, but by removal of the casing.
Corporation and Its Members.
contract to sell it above its value to another
person, a transaction between the two corpora-
(D) Liability for Corporate Debts and
file the required financial statement and then
351 (Mont.) Under Rev. Codes, $ 5866, a
VII. CORPORATE POWERS AND
ficers and Agents.
stant-Loraine Iny, Co., 154 P. 767.
dence, and not to be disturbed.-Doolittle v. Pa- applied by the directors of the selling corpora-
Where a corporation buys all the property of
another for full value and without fraud, notice
directors' intent to misapply the purchase mon-
XI. DISSOLUTION AND FORFEITURE
a deceased employé, who had recovered judg-
ment against the company for the death, was
and not void, but voidable, and could not be com-
XII. FOREIGN CORPORATIONS.
interstate commerce within the state with a
resident thereof is not subject to Sess. Laws
corporations.--Hollister v. National Cash Reg-
ister Co., 154 P. 1157.
Im 653 (Idaho) Under Rev. Codes, $ 2792,
edge that the corporation, apparent maker of
545 (Okl.) A director of an insolvent corpo- | See Homicide, em 228.
1. NATURE, GROUNDS, AND EXTENT
OF RIGHT IN GENERAL.
sioned by proceedings in the United States Land
A party haring a pending action for tort discretion of the court.--City of Portland v.
548 (Cal.) In a suit by a judgment creditor superior court must amount to $300, so that
others upon default in payment, where the com-
plaint stated no cause of action against a de-
fendant which had and claimed no interest in
the property, judgment for costs against such
ha defendant was improper.-Sweet v. Richvale
Land Co., 154 P. 608.
III. PERSONS, PROPERTY, AND
of costs accruing before his intervention.-Whit- 1 III. PROPERTY, CONTRACTS, AND ten v. Dabney, 154 P. 312.
LIABILITIES. V. AMOUNT, RATE, AND ITEMS.
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.
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
on execution pending appeal to the district / pied land to which he has no title, there is an
been deprived of actual possession by legal pro-
cess.-Jones v. Gallagher, 154 P. 552.
See Assignments for Benefit of Creditors ;
Bankruptcy; Compositions with Creditors;
Fraudulent Conveyances; Subrogation.
Conspiracy, ww41; Contempt; Convicts, m
5; Embezzlement; False Pretenses; For:
gery; Homicide; Indictment and Informa-
tion; Intoxicating Liquors, em 131-238; Lar-
ceny; Libel and Slander,' m141-160; Ma-
licious Prosecution; Mandamus, mm 61 ;
em32-46; Weapons, m17; Witnesses, cum
I. NATURE AND ELEMENTS OF
CRIME AND DEFENSES
On 24 (Okl.Cr. App.) The presumption that ev-
of his act is not conclusive or alone sufficient to
convict, but must be supplemented by other evi-
dence to avoid a reasonable doubt.-Jones v.
State, 154 P. 689.
| rape, proof of similar acts by defendant and
corroborate the latter's testimony.-State v.
Harris, 154 P. 198.
(D) Materiality and Competency in Gen-
m395 (Or.) In a criminal prosecution for en-
gaging in the loan business without a license,
certain papers and correspondence seized by the
officers in defendant's rooms were admissible.
-State v. Ware, 154 P. 905.
en 403 (Okl.Cr. App.) A photographic copy of a
deed, the signature to which was alleged to
have been forged by defendant, held admissible
fendant's possession.-Grayson v. State, 154 P.
(F) Admissions, Declarations, and Hear-
tarily made.- People v. Dye, 154 P. 875.
m 414 (Nev.) In a prosecution for burglary, it
was not necessary that a foundation be laid for