Nutt v. Southern Pacific Co., 25 Or. 291, cited, 299.

O'Hara v. Parker, 27 Or. 156, approved, 382, 391, 508, 512.

O'Kelly v. Territory, 1 Or. 51, cited, 196.

Olds v. Cary, 13 Or. 362, cited, 198, 589, 597.

Oregon & Cal. R. R. Co. v. Croisan, 22 Or. 393, 400, cited, 423, 429, 604. Oregon & California R. R. Co. v. Portland, 25 Or. 229, cited, 423, 429. Oregon Pottery Co. v. Kern, 30 Or. 328, cited, 300.

Osborn v. Logus, 28 Or. 302, cited, 203.

Osgood v. Osgood, 35 Or. 1, cited, 159, 171.
Osmun v. Winters, 30 Or. 177, cited, 288.

Parker v. Newitt, 18 Or. 274, cited, 510.

Paulson v. Portland, 16 Or. 450, 457, cited, 393, 417.
Pendleton v. Saunders, 19 Or. 9, cited. 304.
Phipps v. Kelly, 12 Or. 213, cited, 530.
Phipps v. Taylor, 15 Or. 484, cited, 249.
Re Holladay's Estate, 18 Or. 168, cited, 493.
Reinstein v. Roberts, 34 Or. 87, cited, 516.
Renshaw v. Taylor, 7 Or. 315, cited, 256.
Rhodes v. McGarry, 19 Or. 222, cited, 171.
Riddle v. Miller, 19 Or. 468, cited, 171.

Rowland v. Harmon, 24 Or. 529, applied, 495, 500.
Schneider v. Lee, 33 Or. 578, cited, 477.

Schoellhamer v. Rometsch, 26 Or. 394, cited, 295, 307.
Sellwood v. Gray, 11 Or. 534, cited, 169, 203, 256.
Sheppard v. Yocum, 10 Or. 402, cited, 288.

Sime v. Spencer, 30 Or. 340, followed, 315, 317.

Simon v. Common Council, 9 Or. 437, applied, 536.

Simon v. Northup, 27 Or. 487, 501, cited, 91, 464, 469.

Singer Manufacturing Co. v. Graham, 8 Or. 17, cited, 477.

Smith v. Conrad, 23 Or. 206, cited, 112.

Smith v. Ingles, 2 Or. 43, cited, 511.

Smith v. Kelly, 24 Or. 464, followed, 436.

Smith v. Minto, 30 Or. 351, cited, 392, 395.

Smitson v. Southern Pacific Co., 37 Or. 74, approved, 295, 314.

Sperry v. Wesco, 26 Or. 483, approved. 47, 59.

State v. Anderson, 10 Or. 448, cited, 299, 306.

State v. Bartmess, 33 Or. 110, cited, 306.

State v. Chadwick, 10 Or. 423, cited, 233, 237.

State v. Foot You, 24 Or. 61, cited, 59.

State v. Garrand, 5 Or. 216, cited, 196.

State v. Hansen, 25 Or. 391, cited, 306.

State v. Hinkle, 33 Or. 96, distinguished, 275, 288.

State v. Magone. 32 Or. 206, distinguished, 275, 288.
State v. Moore, 32 Or. 65, cited, 286.

State v. Moy Looke, 7 Or. 54, cited, 479.

State v. Robinson, 32 Or. 43. cited, 299.

State v. Shaw, 22 Or. 287. cited, 464.

State v. Tarter, 26 Or. 38, cited, 29.

State v. Tice, 30 Or. 457, cited, 288.

Steel v. Fell. 29 Or. at p. 276, approved, 590, 602.

Stemmer v. Scottish Insurance Co., 33 Or. 65, cited, 530.

Stephens v. Allen, 11 Or. 188, cited. 169.

Stephens v. Murton, 6 Or. 193, applied, 461.

Talbot v. Garretson, 31 Or. 256, cited. 204, 208.

Taylor v. Miles, 19 Or. 550, cited, 510.

Thompson v. Marshall, 21 Or. 171, cited, 256.

Title Guarantee Co. v. Wrenn, 35 Or. 62, cited, 260.

Towns v. Klamath County, 33 Or. 225, cited, 417.

Trullinger v. Kofoed, 7 Or. 228, cited, 61.

Truman v. Owens, 17 Or. 523, cited, 580.

Umatilla Irrigation Co. v. Barnhart. 22 Or. 389, cited, 464.

Velten v. Carmack, 23 Or. 282, cited, 185, 189.

Wallace v. Suburban Railway Co., 26 Or. 174, cited, 521.

Ward v. Southern Pacific Co.. 25 Or. 433, cited, 359.

Washington Invest. Assoc. v. Stanley, 38 Or. 319, followed, 377, 379, 382.

Watson v. Dundee Mortgage Investment Co., 12 Or. 474, cited, 260.
Welch v. Clatsop County, 24 Or. 452, cited, 437.

Wellman v. Oregon Short Line Ry. Co., 21 Or. 530, cited, 144, 149, 306.
Wells v. Applegate, 12 Or. 208, approved, 46.

Wells v. Wall, 1 Or. 295, cited, 530.

West Portland Park v. Kelly, 29 Or. 412, cited, 589, 601.

Wheeler v. Matlock, 29 Or. 64, applied, 495.

White v. Espey, 21 Or. 328, cited, 537, 541.

Wicktorwitz v. Farmers' Ins. Co., 31 Or. 569, cited, 286.

Wild v. Oregon Short Line Railway Co., 21 Or. 159, approved, 343, 353.
Wilhelm v. Woodcock, 11 Or. 518, cited, 169.

Willamette Iron Works v. O. R. & N. Co., 24 Or. 224, cited, 92, 97.
Wiliamson v. North Pacific Lumber Co., 38 Or. 560, cited, 479.

Wilson v. City of Salem, 24 Or. 504, cited, 383, 402, 418.

Winters v. George, 21 Or. 251, 259, cited, 91.

Woodruff v. Douglas County, 17 Or. 314, cited, 317.

Woodward v. O. R. & N. Co., 18 Or. 289, distinguished, 343, 352.
Wyatt v. Henderson, 31 Or. 48, cited, 514 (in footnote, 473).
Zachary v. Swanger, 1 Or. 92, cited, 301, 304.

OREGON CONSTITUTION Citations in This Volume.

Sec. 10,
Sec. 17,

Article

I Sec. 18,

[Sec. 32,

Article

King v. Portland, 414.

Mitchell v. Oregon Flax Assoc., 505.
King v. Portland, 414.

Brand v. Multnomah County, 79, 92.
Ellis v. Frazier, 463, 471.

IV, Sec. 23, Subd. 7, Ellis v. Frazier, 465, 469.

Article VII, Sec. 6,
Article IX, Sec. 1,

Portland v. Gaston, 535, 537.
Ellis v. Frazier, 462, 469, 470.

OREGON STATUTES Construed in This Volume.

Farmers' National Bank v. Woodell, 306.
George v. Nowlan, 537, 538, 543.

Mayes v. Stephens, 512, 514.

German Loan Society v. Kern, 232.

Davis v. Hofer, 158.

Cederson v. Oregon Navigation Company, 343.
Durkee v. Carr, 199.

Ferguson v. Ingle, 45.

Saylor v. Commonwealth Banking Co., 204.

Christenson v. Nelson, 473.

Lewis v. McNary, 116, 118.

Barr v. Warner, 109, 112, 115.

Security Trust Company v. Loewenberg, 159, 170.
Barr v. Warner, 112.

Mitchell v. Oregon Flax Association, 503, 505.
Ferguson v. Ingle, 43, 46.

Barr v. Warner, 113.

Barr v. Warner, 113.

German Loan Society v. Kern, 233, 238.

Dekum v. Multnomah County, 256.

Davis v. Hofer, 154.

Willis v. Crawford, 530.

German Loan Society v. Kern, 233, 245.

Gaines v. Childers, 202, 203.

Gaines v. Childers, 202, 203.

German Loan Society v. Kern, 233, 245.

Subd. 4, Nottingham v. McKendrick, 495.
Subd. 1,

538, Subd. 2, German Loan Society v. Kern, 233, 245.

2753,

2754,

2755, Subd. 4,

Dekum v. Multnomah County, 257.

2992,

3003,

3029,

3224,

3587,

3588

3597,

3600,

3671,

3673,

3677,

Dekum v. Multnomah County, 257.

Oregon & Cal. R. R. Co. v. Jackson County, 589.

Dekum v. Multnomah County, 257.

Dekum v. Multnomah County, 257.

Howell v. Folsom, 185, 187, 189.

Howell v. Folsom, 185, 189.

Security Trust Company v. Loewenberg, 173.
Silsby v. Strong, 36, 39.

Hawkins v. Citizens' Investment Co., 544, 554.

Washington Invest. Assoc. v. Stanley, 319, 338, 339.

Western Sav. Company v. Houston, 377, 380,

Pacific Livestock Company v. Gentry, 285.
Pacific Livestock Company v. Gentry, 285.
Smith v. Wilkins, 583.

Nottingham v. McKendrick, 495, 496, 500.
Gaines v. Childers, 202.

3684,
4062,
4228,

SESSION LAWS of
1882 p. 64,
(p. 805, Sec.

Sharp v. Johnson, 246, 250, 252.

French Livestock Co. v. Harney County, 315, 316.
Portland v. Montgomery, 215, 222.

Oregon Considered in This Volume.

Dekum v. Multnomah County, 253, 256.
16, Portland v. Montgomery, 216, 222.

Dekum v. Multnomah County, 253, 256.
(Dekum v. Multnomah County, 256.

1891/

1

1893 p. 85, Sec.

1

1

Alliance Trust Co. v. Mult. County, 433, 436.
Howell v. Folsom, 185, 187, 189.

12 Alliance Trust Co. v. Mult. County, 433, 436.
Or. & Cal. R. R. Co. v. Jackson County, 589.
Silsby v. Strong, 36, 39.

p. 170, Sec.
[Sec. 114 Shannon v. Portland, 389, 393.

[Sec.
Sec.
1895 p. 103,) Sec.
Sec.
Sec.

p. 810, Sec. 115 Shannon v. Portland, 390, 394, 395.
[Sec. 122 Shannon v. Portland, 386, 390, 392, 395.
2 Washington Invest. Assoc. v. Stanley, 319.
4 Washington Invest. Assoc. v. Stanley, 319-339.
6 Wash. Inv. Assoc. v. Stanley, 319, 326, 339.
7 Washington Invest. Assoc. v. Stanley, 319-339.
16 Washington Invest. Assoc. v. Stanley, 319, 328.
Sec. 32 Gadsby v. Portland, 138-142.
Sec. 51 Gadsby v. Portland, 138-142.
Sec. 71 Gadsby v. Portland, 138-142.
Sec. 94 Gadsby v. Portland, 138-142.
Sec. 112 Portland v. Gaston, 533, 536.
Sec. 114 Portland v. Gaston, 533, 536.
1898) p. 101, Sec. 117 Portland v. Gaston, 533, 536.
Sec. 137 King v. Portland, 414, 420-430.
Sec. 138 King v. Portland, 414, 420-430.
Sec. 175 Gadsby v. Portland, 138-142.

Sec. 217 Gadsby v. Portland, 138-142.
p. 185, Sec. 231 Brand v. Multnomah County, 104.
(Sec.
Ellis v. Frazier, 462, 467, 468.

1

Showing Consideration for Deed. See EVIDENCE, 11.

Showing True Relationship Between Signers of Note. See EVIDENCE, 10.

PARTIES.

INDISPENSABLE PARTIES TO FORECLOSURE SUITS.

Persons holding liens on property affected by a mortgage or mechanic's
lien are not indispensable parties to a suit to foreclose, and a decree

without their appearance will be valid, but does not cut off the right of such absent parties to redeem. Gaines v. Childers, 200.

PARTNERSHIP.

EVIDENCE OF PARTNERSHIP.

1. Where plaintiff and defendant, attorneys having adjoining offices, contracted to conduct certain litigation and to share the emoluments arising therefrom, and their client was to pay the costs and expenses incurred, the performance of such service did not constitute them partners as to that litigation, in the absence of an agreement to that effect. Willis v. Crawford, 522.

2. Where two attorneys, not partners, agreed to conduct litigation for a third party and divide the fees, and one of them, in a suit against the other for an accounting, did not allege that there was any intention of either to form a partnership, proof of independent facts from which such relation might be inferred is wholly insufficient to establish the fact of a partnership. Willis v. Crawford, 522.

PAYMENT.

EQUITABLE ASSIGNMENT-PAYMENT BY ACCEPTOR.

1. That advances were made by a vendee to his vendor after the vendee's acceptance of an order drawn by the vendor in favor of a third person is no defense to an action on the order, unless such advances were made in pursuance of the contract of sale, before such acceptance, or unless the payee knew of such advances, and assented thereto.

Wadhams v. Inman, 143.

EVIDENCE TO PROVE SPECIFIC ITEM-ADMITTED PAYMENT.

2. In an action on an account, where defendant alleged that he had paid a certain amount, and plaintiff admitted such payment in his reply. evidence to show that a particular payment charged against plaintiff had never in fact been made was properly admitted, since plaintiff's admission that an aggregate sum had been paid was not an admission that any particular item went to make up the aggregate. Howell v. Johnson, 571. PERSONAL INJURIES

To Servant by Defective Machinery. See MASTER AND SERVANT, 1. To Licensee or Trespasser on Track. See RAILROADS, 1, 2. PHRASES. Same as WORDS AND PHRASES.

PIERS. Same as WHARVES.

PLEADING.

RULE FOR CONSTRUING PLEADINGS.

1. Where a complaint is objected to on a question of evidence, all intendments are in its favor, while a contrary rule prevails in case of a demurrer before trial. Cederson v. Oregon Navigation Company, 343. 2. After an answer has been filed all intendments are in favor of the sufficiency of the complaint, though a more stringent construction will be adopted when the objections are presented by a demurrer.

Oregon & California Railroad Company v. Jackson County, 589. NEGLIGENCE-PLEADING ACTS OF NEGLIGENCE.

3. In pleading negligence it is always necessary to allege that some act was negligently done or omitted, but it is not necessary to set forth the particular facts that show the act or omission to have been negligent. Cederson v. Oregon Navigation Company, 343.

NEGLIGENCE-PLEADING KNOWLEDGE OF DEFENDANT.

4. In an action by a stranger to recover damages for injuries caused