INDEX.

ABANDONMENT:

Ground for rescission of contract, see CONTRACTS, 4.

ABATEMENT AND REVIVAL:

Survival of obligations of contract on death of party, see CoN.
TRACTS, 5.

Judgment as bar in another action, see JUDGMENT, 4, 5.

ABSCONDING DEBTORS:

Forfeiture of right of exemption, see EXEMPTIONS, 2.

ABUTTING OWNERS:

Preference right to purchase shore lands, see PUBLIC LANDS.
ACCEPTANCE:

Of offer to sell and deliver articles, see SALES, 4.

ACCIDENT:

Injuries from accidental explosions, see EXPLOSIVES.
Accident insurance, see INSURANCE, 11, 12.

Injuries to servant, see MASTER AND SERVANT.

Personal injuries in general, see NEGLIGENCE.

Caused by operation of railroads, see RAILROADS,

Collision between vehicle and street car, see STREET RAILROADS.

ACCORD AND SATISFACTION:

Relinquishment of rights and claims, see RELEASE.

ACCOUNT:

Obligations implied or imposed by law, see ACCOUNT STATED.

ACCOUNTING:

Denial of equitable relief to stockholder, see CORPORATIONs, 2, 3.
Between partners, see PARTNERSHIP, 2.

Reference of matters relating to, see REFERENCE.

ACCOUNT STATED:

1.

ACCOUNT STATED-ASSENT-EVIDENCE-SUFFICIENCY. The evidence
is insufficient to show an account stated between partners, where it
appears that, on dissolution of the firm, the partner who kept the
books made out a statement showing a certain balance due in his
favor, that the same was delivered to the other partner, and found
among his effects upon his death, and that he had the same checked
over by the new bookkeeper and disputed certain items; since no
assent or definite acknowledgment of the debt was shown. Shaw
v. Lobe... . .
219

ACCRUAL:

Of action for breach of contract, see CONTRACTS, 3.

Of action for breach of building contract, see INDEMNITY, 1.

ACKNOWLEDGMENT:

Of debt by partner, see ACCOUNT STATED.

Of deed, see DEEDS, 3.

ACQUIESCENCE:

In location of boundary lines, see BOUNDARIES, 4.

ACTION:

Appeal from judgment in consolidated actions, see APPEAL AND
ERROR, 7.

Civil action for assault, see ASSAULT AND BATTERY.

Dissolution of attachment, see ATTACHMENT.

Recovery of deposits in general, see BANKS AND BANKING.

On negotiable instruments, see BILLS AND NOTES.

Establishment of boundaries, see BOUNDARIES.

By brokers for breach of contract, see BROKERS.

Cancellation of written instrument, see CANCELLATION OF INSTRU-

MENTS.

Against carrier for loss of or injury to live stock, see CARRIERS, 1-4.
For damages for ejection of passenger, see CARRIERS, 5-10.
Breach of contract to transport logs, see CARRIERS, 11-18.

Breach of contract, see CONTRACTS.

Between stockholder and corporation, see CORPORATIONS, 1-3.

Refusal to allow inspection of corporate books, see CORPORATIONS,
5, 6.

For wrongful death, see DEATH.

For divorce, see DIVORCE.

Suits in equity, see EQUITY.

Establishment and enforcement of right of exemption, see Ex-

EMPTIONS.

On contract of indemnity, see INDEMNITY.

On insurance policy, see INSURANCE.

Bar by former adjudication, see JUDGMENT, 4, 5.

Vacation of judgment, see JUDGMENT, 1, 2.

Limitation of statute, see LIMITATION OF ACTIONS.

By servant for personal injuries, see MASTER AND SERVANT.
Foreclosure of mechanics' lien, see MECHANICS' LIENS.

For injuries to person or property in general, see NEGLIGENCE.

By or against firms, see PARTNERSHIP.

By or against principal and agent, see PRINCIPAL AND AGENT.
Determination of adverse claims to real property, see QUIETING Title.
Injuries from accident at crossings, see RAILROADS, 2.

Injuries from fire caused by operation of railroad, see RAILROADS, 3.
Breach of contract, see SALES, 11-14.

For price of goods sold, see SALES, 8-10.

ACTION-CONTINUED.

1.

Against school districts, see SCHOOLS AND SCHOOL DISTRICTS.

Setting aside tax sale or deed, see TAXATION, 3-6.

Collection of taxes in general, see TAXATION, 1.

Wrongful opening of telegram, see TELEGRAPHS AND TELEPHONES.
Price of land, see VENDOR AND PURCHASER, 3.

Determination of water rights, see WATERS AND WATER COUrses.
Establishment or setting aside of will, see WILLS.

ACTIONS-SPLITTING CAUSE OF ACTION-WAIVER OF OBJECTION—
SETTLEMENT. Where a fire insurance company, having paid a loss
and taken an assignment of insured's cause of action, brought action
for the amount of the policy against the party whose negligence
caused the fire, the defendant cannot, after admitting that it had
settled with the insured for his loss in excess of the policy, object
that there is a splitting of the causes of action and that plaintiff
owned only part thereof; since the defect was one of parties plain-
tiff, which could have been cured by amendment, and the settlement
had the same effect, leaving but one cause of action owned entirely
by the plaintiff. Fireman's Fund Ins. Co. v. Oregon R. & Nav.
Co.
332

ADJOINING LANDOWNERS:

Adverse possession along boundary, see ADVERSE POSSESSION.
Boundaries, see BOUNDARIES.

ADJUDICATION:

Operation and effect of former adjudication, see JUDGMENT, 4, 5.
ADMINISTRATION:

Of estate of decedent, see EXECUTORS AND ADMINISTRATORS.

ADMISSIONS:

As evidence in civil actions, see EVIDENCE, 4.

ADVERSE POSSESSION:

Acquisition of water rights by prescription, see WATERS AND WATER
COURSES, 8.

-EVIDENCE-SUFFICIENCY.

1. ADVERSE POSSESSION-MISTAKE AS TO BOUNDARIES-CLAIM OF RIGHT
The purchaser of lots, who by mistake
takes possession of the wrong property, incloses the same with a
fence and erects a house thereon and otherwise improves the prop-
erty, and maintains possession for over ten years under a claim of
right, based under the mistaken idea that he has the correct prop-
erty, acquires title by adverse possession, although he did not intend
to occupy any other land than that described in his deed. Mc-
Cormick v. Sorenson..
107

AFFIDAVITS:

As part of record on appeal, see APPEAL AND ERROR, 18.

AGENCY:

See PRINCIPAL AND AGENT.

AGREEMENT:

See CONTRACTS.

AGRICULTURE:

- FAIRS PUBLIC AID-COUNTIES-APPROPRIATIONSUnder Rem. & Bal. Code, § 3024 et seq.,

STATUTES-CONSTRUCTION.

which provides that any fair association which has a corporate existence for the purpose of holding fairs may apply to the county commissioners for aid, that the commissioners shall be ex officio members of the county fair association, and that all buildings and structures shall belong to the county making the appropriation, and that vouchers for all expenditures of money appropriated shall be made to the county commissioners, a county has no power to appropriate money in aid of the Southwest Washington Fair Association, a state institution (created by virtue of Rem. & Bal. Code, § 3012 et seq.) managed by commissioners appointed by the governor and empowered to acquire land for holding fairs under a state appropriation therefor; since the act authorizing county aid to fairs is to be strictly construed, and requires the management and title to be vested in the county, without any indication of legislative intent to authorize county appropriations in aid of a state institution; especially as the act in which such authority is sought antedates the act creating the state institution. Moses v. Summersett.... 403

ALIENS:

Disposal and acquisition of property, see TREATIES.

ALTERATION OF INSTRUMENTS:

1. ALTERATION OF INSTRUMENTS-MATERIALITY. Memoranda or notations upon a promissory note which did not change the date, sum payable, time of payment, parties, medium or place of payment, and which did not alter the note in any respect, do not constitute a material alteration avoiding payment. Pitt v. Little.... 355

AMENDMENT:

On appeal or writ of error, see APPEAL AND ERROR, 26.

Of decree of divorce, see DIVORCE, 2.

Mechanic's lien claim, see MECHANICS' LIENS.

Of municipal charter creating municipal plans commission, see MUNICIPAL CORPORATIONS, 1-3.

On appeal of application to purchase shore lands, see PUBLIC LANDS, 3.

ANIMALS:

Carriage of live stock, see CARRIERS, 1-4.

APPEAL AND ERROR:

1.

2.

3.

4.

5.

6.

Review of orders not appealable, see CERTIORARI.

Costs, see COSTS, 3-6.

Criminal appeals, see CRIMINAL LAW, 4, 8, 9.

Condemnation proceedings, see EMINENT DOMAIN, 15.

Commencement of new suit after reversal of judgment, see LIMITA-
TION OF ACTIONS.

Amendment of application to purchase shore lands, see PUBLIC
LANDS, 3.

APPEAL-DECISIONS REVIEWABLE-FINAL ORDERS. An order sus-
taining a demurrer to a petition to vacate a judgment is not final
or appealable, no further disposition of the case having been made.
Zellar v. Siemens...
... 116

APPEAL

DECISIONS REVIEWABLE-VACATION OF DEFAULT-FINALITY.
An order quashing the service of summons and vacating a default
judgment, leaving the case pending for further proceedings, is not
appealable, as it can be reviewed on appeal from the final judgment.
Wilson v. McGillivray....

291

SAME FINALITY OF ORDER. Where the record shows that defend-
ant is out of the state and cannot be served, an order quashing
service of summons and opening a default does not in effect deter-
mine the action and prevent final judgment, where it does not ap-
pear that substituted service by publication and attachment could
have been had; since finality of the order must appear on the face
of the record. Wilson v. McGillivray...
291

APPEAL DECISIONS REVIEWABLE-DISMISSAL-CESSATION OF CON-
TROVERSY. An appeal from a decree of specific performance requir-
ing the payment of a certain sum within 120 days, without any
supersedeas bond being given, will not be dismissed after the ex-
piration of the 120 days because of cessation of the controversy,
where the appellant claims that the decree required the payment of
an excessive sum; since if reversed, the appellant would be entitled
to a reasonable time within which to pay the proper sum. Whipple
v. Lee
253

APPEAL AND ERROR-DECISIONS REVIEWABLE-DENIAL OF TEMPO-
RARY INJUNCTION-INSOLVENCY. Under Rem. & Bal. Code, § 1716,
subd. 3, an appeal does not lie from an order denying a temporary
injunction unless the party against whom the temporary injunction
was sought was found to be insolvent. Morrison v. Bernot...... 302
SAME DECISIONS REVIEWABLE-ORDER OVERRULING DEMURRER. An
order overruling a demurrer is not appealable. Morrison v. Ber-
not
302