ADMISSIONS.

See Criminal Law, 406; Evidence, 208, Sec Contracts. 236.

ADOPTION.

AGREEMENT.

AIDER BY VERDICT.

See Abatement and Revival, 69; Habeas See Pleading, 433.
Corpus, 99.

ALIENATION.

7 (Wash.) Legal parentage cannot be lawfully changed as matter of court's discretion, See Indians, 15; Perpetuities. but adoption can be decreed only when living parents consent or evidence clearly shows that consent is unnecessary. In re Lease, 169 P. 816.

ALIENS.

See Master and Servant, 398.

ALIMONY.

Where wife secured divorce and custody of child with order that the father might visit the child at all reasonable times, the consent of the father was required for the adoption by a third See Divorce, 219–269. person of the child, though Rem. Code 1915, § 1696, provides that, if parties are living apart, consent of both is not required, but may be given by the parent having the custody and control of the child.-Id.

14 (Wash.) Lawfully rendered decree of adoption adjudicates status of minor as to future parentage at law and extinguishes parental rights of natural parents, and the court has no continuing jurisdiction_as in_guardianship or divorce proceedings.-In re Lease, 169

P. 816.

7(2) (Idaho) Adverse possession of public lands of United States cannot be initiated by any claimant, prior to issuance of patent, when such possession is asserted in defense of title adverse to government, and limitations do not begin to run until patent issues.-Hemphill v. Moy, 169 P. 288.

(F) Hostile Character of Possession.

73 (Or.) A deed of land from the state constitutes color of title which relieves proving boundaries of tenancy, and is sufficient basis for title by adverse possession. McKinney v. Hindman, 169 P. 93.

III. PLEADING, EVIDENCE, TRIAL,
AND REVIEW.

114(1) (Or.) Evidence held insufficient to support a finding that defendant in an action

ALLOWANCE.

See Executors and Administrators, 181, 182.
ALTERATION OF INSTRUMENTS.
See Reformation of Instruments.

(1) (Wash.) Where an agent of a mort-
gagor alters the mortgage after execution, the
bound thereby.-Edwards
mortgagor is
Thompson, 169 P. 327.

V.

11(2) (Wash.) Where a note was altered by a stranger without the knowledge or consent of any of the parties thereto, recovery could be had upon it in its original condition, although altered before delivery.-Gould v. Gould, 169 P. 324.

11(2) (Wash.) Where a mortgage was given to a third party for the sole purpose of filing. and he makes alterations therein, the rights of the parties are not affected.-Edwards Thompson, 169 P. 327.

V.

An agent of a party when acting beyond the scope of his authority, express or implied, in making a change in an executed instrument, is regarded as a stranger to the transaction.-Id.

20 (Wash.) Where a note providing for interest "from maturity" was, after execution by a joint maker, altered by the other joint maker to read "from date" without the knowledge and consent of the first signer, the latter is not liable for interest accruing before maturity, while the other is.-Gould v. Gould, 169 P. 324.

27(1) (Wash.) There is a presumption that a written instrument was in the same condition when signed as when offered in evidence, though it showed on its face that the original draft had been changed, and any presumption of invalidity is overcome by proof of alteration by a stranger.-Gould v. Gould, 169 P. 324.

ALTERNATIVE METHOD.

See Appeal and Error, 757.
AMENDMENT.

to quiet title to land had waived his right to See Appeal and Error, 653-656; Pleading, claim title by adverse possession.-McKinney v. Hindman, 169 P. 93.

AFFIDAVITS.

See New Trial, 143; Pleading, 290.

18 (Kan.) Under Code Civ. Proc. § 350

237.

AMOUNT IN CONTROVERSY.

See Justices of the Peace, 43.

AMUSEMENTS.

(Gen. St. 1915, § 7254), service of copies of af- See Theaters and Shows.
fidavits is sufficiently made when they are de-
livered to adverse litigant personally at his place
of business, even though that may be outside
the state. Harbor Business Blocks Co. v.
Gregory, 169 P. 191.

See Rape, 52.

AGE.

AGENCY.

ANIMALS.

See Carriers, 213-230; Evidence, 46, 213; Justices of the Peace, 71; Larceny, 45; Partnership, 17; Railroads, 411-443.

90 (Utah) Permitting cattle to run at large on wild unfenced land part of which is owned by another and upon which part are located springs of water charges the owner of the cat

will trespass in going to water.-Hall v. Bar-| (F) Mode of Rendition, Form, and Entry tholomew, 169 P. 943. of Judgment or Order.

92 (Utah) Comp. Laws 1907, § 20, giving right of action for trespass by cattle, permits recovery only when willfully permitted or when permitted with knowledge of the location of the land owned by the aggrieved party.-Hall v. Bartholomew, 169 P. 943.

100(9) (Utah) Evidence held to make jury question whether trespassing by cattle belonging to defendant entitled the landowner to recover, under Comp. Laws 1907, § 20.-Hall v. Bartholomew, 169 P. 943. Instruction in action for trespass by cattle151 (2) (Cal.) Where parties appealing from held to have fairly submitted facts constituting sufficiency of evidence of kinship of respondent, a decree determining heirship merely attacked notice of location and boundaries of plaintiff's without attempting to establish their own kinland.-Id. ship, they had no standing as parties aggrieved, and their appeal could not be considered.-In re Marshall's Estate, 169 P. 672.

APPEAL AND ERROR.

See Abatement and Revival, 69; Certiorari;
Costs, 277; Exceptions, Bill of.
For review of rulings in particular actions or
proceedings, see also the various specific topics.

I. NATURE AND FORM OF REMEDY. (Cal.) Where a motion for a new trial was pending when St. 1915, p. 209, abrogating171(1) (Okl.) On appeal a party is bound appeals from orders denying new trials, went by the position and theory assumed and on into effect, an order denying such motion will which the case was heard in the trial court.be reviewed.-Murray v. Southern Pac. Co., 169 P. 675. Gunn v. Jones, 169 P. 895.

2 (Okl.) The right of appeal is governed by the law applicable thereto when judgment was returned, and Laws 1917, c. 219, § 1, effective March 23, 1917, referring to notice of appeal, does not apply to appeal from judgment rendered March 1, 1917.-Merriett v. Newton,

2 (Okl.) Where judgment or order appealed from antedated Laws 1917, c. 219, and more than six months had expired, and there was no præcipe for summons filed or summons served or issued, and no waiver of issuance or service or any general appearance for defendant in error, petition in error will be dismissed for want of jurisdiction.-Barker v. Honeywell, 169 P.

193(3) (Cal.) On appeal from judgment by default, where there was no demurrer or answer, defendant appellant cannot object that complaint was subject to demurrer as stating two causes of action together in one paragraph. -Lynn v. Knob Hill Improvement Co., 169 P. 1009.

193(3) (Wash.) That causes of action were not separately stated could not be urged for the first time on appeal, especially in view of Rem. Code 1915, § 1752.-Cascade Lumber & Shingle Co. v. Wright, 169 P. 833.

205 (Mont.) In action for damages by alleged negligence of pesthouse keepers, where plaintiff's evidence of negligence and of injury due thereto was excluded on objection, and he made no question of correctness of such rulings, the court on appeal could not import into the record the negligence he failed to prove.O'Brien v. Stromme, 169 P. 36.

216(1) (Cal.) In absence of request for instruction to disregard alleged misconduct of counsel, the appellant cannot complain of such misconduct.-Grossetti v. Sweasey, 169 P. 687. 216(1) (Okl.) Where defendant fails to call attention to his theory of damages, and on the evidence verdict is not excessive, cause will not be reversed because charge did not curately define measure of damages.-Ft. Smith & W. R. Co. v. Moore, 169 P. 904.

by Laws 1910-11, c. 18, it will be dismissed.Continental Beneficial Ass'n v. Gray, 169 P. 1070; Newby v. Walters, Id.

(B) Petition or Prayer, Allowance, and

Certificate or Affidavit.

360 (Okl.) Rev. Laws 1910, § 5238, as amended by Act March 23, 1917 (Laws 1917, c. 219, § 1), requiring a party desiring to appeal to give notice of his intention to appeal in open court when the judgment is rendered or within 10 days thereafter, is mandatory.-Cates v. Miles, 169 P. 888.

362(1) (Okl.) On failure to assign as error the overruling of a motion for new trial, the question of trial error is not presented for review.-National Surety Co. v. First Bank of Texola, 169 P. 1091.

362 (2) (Okl.) An assignment of error in petition in error which merely alleged that court erred in rendering judgment for one party and against the other presents nothing for review.-Longest v. Langford, 169 P. 493.

The petition in error should, in a concise and specific manner, clearly point out the particular error complained of and which it is sought to have reviewed.-Id.

ac-362(2) (Okl.) Where assignments of error are so indefinite as not to point out errors complained of, and do not direct court's attention to any facts showing cause for reversal, they will not be considered.-National Surety Co. v. First Bank of Texola, 169 P. 1091; Etna Building & Loan Ass'n v. Smith, Id.

219(2) (Cal.Sup.) In an action to set aside deed as fraudulent, and to quiet title, though defendant made no special objection to form of verdict, he was not estopped to raise points that there were no findings and that no special issues were presented.-Holland v. Kelly, 169 P. 1000. 237 (5) (Okl.) Without a motion for a directed verdict, the insufficiency of the evidence to sustain the verdict is not presented to Supreme Court on appeal.-Allen v. Shepherd, 169

P. 1115.

P. 639.

362(3) (Okl.) A petition in error cannot be amended by assigning error in overruling petitioner's motion for a new trial after six months from the rendition and entry of the judgment appealed from.-National Surety Co. v. First Bank of Texola, 169 P. 1091.

(C) Payment of Fees or Costs, and Bonds or Other Securities.

247 (Okl.) Claim or defense cannot be changed to secure reversal on appeal.-Guaranteed State Bank of Durant v. D'Yarmett, 169370 (Colo.) Rev. St. 1908, § 1538, as to appeal from county to district court, held sufficiently complied with, although fee was not paid within 30 days, where clerk extended credit therefor in view of section 2528, pending clerks of court "may" require payment of costs in advance.-Wigton v. Wigton, 169 P. 133.

(C) Exceptions.

260(3) (Or.) Order directing testimony to be taken before court reporter, while improper, cannot be reviewed, where no exception was taken then or thereafter during trial.-Olson v. Saxton, 169 P. 119.

261 (Idaho) Where counsel in argument stated matter outside record and at variance with testimony, and on objection at his request the court instructed that verdict must be solely on evidence, and there was no record ruling adverse to appellant as to such matter, there was no exception requiring a review.-Palcher v. Oregon Short Line R. Co., 169 P. 298.

(D) Motions for New Trial. 285 (Okl.) Where judgment is rendered on the pleadings, a motion for new trial is neither essential nor proper, and error assigned upon the overruling thereof presents nothing for review.-Schuber v. McDuffee, 169 P. 642. VII. REQUISITES AND PROCEEDINGS FOR TRANSFER OF CAUSE. (A) Time of Taking Proceedings. 345(1) (Kan.) To review ruling sustaining a demurrer to plaintiff's evidence, it is necessary that appeal be taken within four months after the ruling, and the filing of a motion for new trial does not extend time.-Sheahan v. Kansas City, 169 P. 957.

347(1) (Wash.) Time for taking appeal in case tried by court without jury begins to run from entry of formal judgment.-Rupe v. Kemp, 169 P. 855.

356 (Okl.) Where plaintiff in error fails to file his appeal within six months from date of

374(2) (Kan.) Administrator, appealing to district court from probate court's order charging him with interest on certain funds and deducting such charges from an allowance of compensation and directing distribution of estate, is required, by Gen. St. 1915, § 4678, to give a bond. In re Baird's Estate, 169 P. 1149.

382 (Wash.) An appeal bond on a judgment for money paid and also for cancellation and delivery of note made by respondent plaintiff was not insufficient in amount because not covering double the amount of the note, where the judgment did not direct defendant to cancel it, but directed that the note, being on file as defendant's exhibit, be canceled and delivered by the clerk of court.-Rupe v. Kemp, 169 P. 855.

384(3) (Wash.) Notwithstanding Rem. Code 1915, § 1722, requiring appeal bond conditioned that appellant pay costs and damages awarded "against" him, a bond conditioned that appellant pay costs and damages awarded "to" him is sufficient; the defect being but technical, in view of Rem. Code 1915, §§ 777, 143, 8327.Rupe v. Kemp, 169 P. 855.

(D) Writ of Error, Citation, or Notice.

397 (N.M.) "Open court," as used in Code 1915. § 4471, anticipates the presence of the appellee or his attorney before the court; and issuance and service of citation are not necessary, where record shows that appellee contested question as to right of appeal and was before court when appeal was allowed.-Gomes v. Ulibarri, 169 P. 301.

419(1) (Wash.) As to designation of judg

(F) Making, Form, and Requisites of Transcript or Return.

597(1) (Mont.) Laws 1915, c. 149, § 2, providing for certification of stenographer's transcript, requires evidence requisite for purposes of appeal to be incorporated in transcript on appeal, which under court rules must be served on respondent.-Roberts v. Sinnott, 169 P. 49. If appeal under Laws 1915, c. 149, is from order refusing new trial, urging errors of law at the trial, appellant will propose for his transcript the judgment roll and his settled bill of exceptions, and any other proceedings, including the stenographic record, if necessary, and his adversary must propose such additional matters as he thinks necessary to show that the supposed errors were cured, corrected, or inconsequential.—Id.

If appeal under Laws 1915, c. 149, seeks to present insufficiency of the evidence, it will be necessary to incorporate all evidence in transcript on appeal.-Id.

If on appeal under Laws 1915, c. 149, a question arises touching accuracy of any paper set out in the transcript, the original, if not a part of the judgment roll, may be brought up by either party or, if a part of the judgment roll, by the Supreme Court; and the court may resort to the stenographic record, if brought up. Id.

169605 (Mont.) While transcript on appeal may consist of more than one volume, it must be made up as provided by law.-Roberts v. Sinnott, 169 P. 49.

of Supreme Court as to printing of transcript | whether the findings have sufficient legal supon appeal.-Roberts v. Sinnott, 169 P. 49. port in the evidence.-In re Felton's Estate, 169 P. 392.

632 (Mont.) Laws 1915, c. 149, stating requisites of record on appeal by judgment roll and transcript, does not conflict with any rules of Supreme Court as to service of transcript on appeal.-Roberts v. Sinnott, 169 P. 49.

(I) Defects, Objections, Amendment, and Correction.

653(2) (Or.) Where transcript of all the evidence was sent up to Supreme Court with the bill of exceptions, but was not formally made a part thereof, the court, on motion, would allow an amendment of the certificate to bill of exceptions so as to attach all the evidence. United Brokers' Co. v. Southern Pac. Co., 169 P. 114.

XI. ASSIGNMENT OF ERRORS. 719(4) (Nev.) Where demurrer to complaint for libel was sustained, all the matters pertaining to the proceedings in the trial court so far as affecting the plaintiff's rights are embraced in the judgment roll within Rev. Laws, § 5273, subd. 2, so that under St. 1915, c. 142, § 11, it was unnecessary to file assignments of error as required by section 13 of such act.-Talbot v. Mack, 169 P. 25.

724(2) (Cal.) Specifications of error which, though not very elaborate, were sufficient to clearly raise the points involved and advise respondents of the errors which appellant be655(2) (Utah) Where record does not show lieved to have been committed, were sufficient. appellant obtained timely orders extending time-Clark v. Casselman, 169 P. 1005. to propose and serve bill of exceptions, and shows bill was signed after judge had lost power to do so, appellee's motion to strike must be sustained, and appeal considered on judgment roll. Hutchison v. Smart, 169 P. 166.

XII. BRIEFS.

953a, 953b, 953c, as to bringing up necessary ~757(1) (Cal.) When Code Civ. Proc. §§ parts of record, are not complied with on appeal under such sections, no duty devolves on the court on appeal to search for the error, through the typewritten transcript.-Scott v. Hollywood Park Co., 169 P. 379.

656(1) (Idaho) Upon motion to dismiss on grounds of defective certificate, appellant's request for leave to file an amended certificate will be granted.-Witt v. Beals, 169 P. 182. On motion to dismiss appeal because appel-757(1) (Cal.) In an appeal under the alterlant has not included entire judgment roll in transcript where appellant suggests diminution of record, order will be entered allowing appellant to have clerk certify complete judgment roll.-Id.

671 (3) (Okl.) Assignments of error requiring an examination and consideration of evidence will not be reviewed unless all the evidence relating thereto is preserved and brought up by case-made or otherwise.-Haggerty v. Terwilliger, 169 P. 872.

690(4) (Mont.) Assignments of error to admission and exclusion of evidence cannot be considered on appeal, where evidence requisite for their consideration is not in transcript on appeal.-Roberts v. Sinnott, 169 P. 49.

native method, only such part of the record as is necessary to illustrate the points so that they can be determined need be printed in the brief.-California Savings & Commercial Bank v. Canne, 169 P. 395.

It depends on the circumstances of the particular case whether or not the entire complaint and answer should be printed in the brief, where it is claimed that the evidence is insufficient to support the finding or is irrelevant to the issues. Id.

757(1) (Cal.App.) Where the judgment roll is not printed in the brief, relevancy of testimony offered, refused, or received, or the matter of the correctness of instructions, cannot be reviewed on appeal under the alternative method.-California Savings & Commercial Bank v. Canne, 169 P. 395.

Although the alternative method of appeal permits parties to file typewritten transcripts in lieu of printed judgment rolls and bills of exception, such permission casts no burden upon the appellate courts to examine the typewritten documents in deciding the appeal, and enough should under Code Civ. Proc. § 953c, be printed in the brief to illustrate the points.

692(1) (Cal.) In action against warehouse--Id. man for burning of goods, excluding warehouse receipt cannot be declared error, where not contained in record and there was no dispute over fact that storage was for hire.-Laux v. Bekins Van & Storage Co., 169 P. 1012.

699(1) (Mont.) Laws 1915, c. 135, providing that every ruling or order is to be deemed excepted to, but that Rev. Codes, § shall not be affected thereby, does not render it unnecessary to follow procedure of Rev. Codes, § 6746, to secure review of order refusing instruction.-Roberts v. Sinnott, 169 P. 49. 703 (Mont.) Assignment of error to refusal of instruction cannot be considered, if the struction is not identified or otherwise presented as required by Rev. Codes, § 6746.-Roberts v. Sinnott, 169 P. 49.

757 (1) (Cal.App.) On appeal by alternative method under Code Civ. Proc. § 953c, requiring parties to print in their briefs such parts of record as they desire to call to court's attention, where no part of judgment roll is printed in appellant's brief, the judgment should be affirmed.-Easterly v. Praul, 169 P. 396. 6746,757 (1) (Cal.App.) On appeal by the alternative method, where the brief contains no part of the record or the evidence, as specifically required by Code Civ. Proc. § 953c, the decision of the lower court will be affirmed.Stewart v. Andrews, 169 P. 397. in-757(2) (Cal.App.) In order to show issues involved on appeal by the alternative method. it is ordinarily required that the complaint and answer, at least, be printed in the brief in full. -California_Savings & Commercial Bank v. Canne, 169 P. 395. evi-757(2) (Cal.App.) To warrant an opinion on the nature of the first or the amended complaint, it is necessary that the whole of the complaint be set forth in the briefs, and mere fragments are not sufficient.-Huffaker v. MeVey, 169 P. 704.

706(4) (Mont.) Assignment of error to refusal of new trial cannot be sustained if no errors are apparent in judgment roll, and dence is not in transcript on appeal, as required by Laws 1915, c. 149.-Roberts v. Sinnott, 169 P. 49.

(L) Matters Not Apparent of Record. 717 (Cal.) While opinions of trial judges are welcome on appeal, they are not part of

757 (3) (Cal.App.) Whether the evidence supports the verdict, or evidence was improp