INFORMATION. the offense, an information charging burglary | VI. JOINDER OF PARTIES, OFFENSES, AND ELECTION. INGROWING HAIR. See Insurance, 787. INHERITANCE. 125(3) (Mont.) Information held to charge defendant with two distinct offenses under See Descent and Distribution. Laws 1911, c. 1, §§ 8 and 9, prohibiting acceptance of earnings of prostitutes, and living upon their earnings, in violation of Rev. Codes, $9151, providing information must charge but See Taxation, 861-900. one offense.-State v. Kanakaris, 169 P. 42. 125(3) (Wash.) In view of Rem. & Bal. Code, $$ 2057, 2059, 2065, a complaint charging violation of municipal liquor ordinance held bad for duplicity.-City of Seattle v. Molin, 169 P. 318. X. CONVICTION OF OFFENSE IN- 189(4) (Colo.) An indictment or information for assault with a deadly weapon with intent to do bodily injury includes a simple assault, and will support a conviction therefor. -People v. Hopper, 169 P. 152. Information for assault with deadly weapon with intent to injure, held not to support conviction for assault and battery because no battery was charged.-Id. INHERITANCE TAX. INJUNCTION. 170; 52; See Criminal Law, 1; Execution, 46 (Cal.) As a general rule injunction will not lie to restrain mere trespassing on land.— Harmon v. De Turk, 169 P. 680. 49 (Cal.) It is not usual practice of courts of equity to permit injunction suit to be substituted for action of ejectment, though injunction may be granted to restore land where threatened injuries will be irreparable and legal remedy in XI. WAIVER OF DEFECTS AND OB- adequate.-Harmon v. De Turk, 169 P. 689. JECTIONS, AND AIDER BY VERDICT. Where action at law did not give plaintiff possession in time to comply with provisions of lease and prevent forfeiture, held, injunction would issue to restrain exclusion by physical obstructions wrongfully erected and threatened to be maintained.-Id. 196(7) (Mont.) Under Rev. Codes, § 9353, where information charged two offenses, and defendant did not object by demurrer, pursuant to section 9208, but pleaded over and failed to demur, moving to compel county attorney to elect, objection was deemed to be waived so far as question of pleading was concerned.-ed State v. Kanakaris, 169 P. 42. That acts of defendant, if allowed to continue, might ripen into prescriptive right in itself, callfor interposition of equity.—Id. 52 (Or.) Equity will intervene to prevent a trespass upon real property by cutting timber. Barnes v. Esch, 169 P. 512. (C) Contracts. 62(2) (Cal.) Where a landlord covenanted not to rent another part of his building to any business selling candy, ice cream, light lunches, soda water, or other things sold in the business granted to enjoin the installing of a restaurant of general confectioners, injunction will not be where the "light lunch" feature was not relied on for the injunction.-Shean v. Weeks, 169 P. 231. (E) Public Officers and Boards and Municipalities. 85 (2) (Mont.) Laws 1917. c. 167, being unconstitutional as to the provision limiting liability of the county on high school bonds to districts not maintaining high schools, and authorizing voters of such districts only to vote on bond issues, it was not the duty of county officers to proceed thereunder.-Hamilton v. Board of County Com'rs of Fergus County, 169 P. 729. (H) Criminal Acts, Conspiracies, and Prosecutions. 113 (Kan.) Where minor employé was injured, inadequate settlement by his father, by agreement filed and action in city court for agreed sum and perfunctory entry of judg-105(1) (Kan.) Injunction against maintement did not bar son's action against employer nance of vexatious and unwarranted criminal after majority and disaffirmance of settlement. prosecutions may be allowed against individu-Leslie v. Proctor & Gamble Mfg. Co., 169 P. als even where no property rights are threat III. ACTIONS FOR INJUNCTIONS. 118(1) (Wash.) In action against labor unions for damages from an injunction against picketing, complaint held to state a cause of action.--Baasch v. Cooks' Union, Local No. 33, 169 P. 843. 129(1) (Wash.) In an action against labor unions for damages from, and injunction against, picketing, where complaint showed damage, it was error for the court, on its own motion, to dismiss the action on defendant's counsel's oral assurance, that picketing had been discontinued and would not be resumed, in view of Rem. Code 1915, §§ 408, 409, authorizing dismissal by court in abandonment of action.-Baasch v. Cooks' Union, Local No. 33, 169 P. 843. IN REM. See Judgment, 807; Wills, 423. See Criminal Law, 311, 331, 778. III. GUARDIANSHIP. 39 (Kan.) A probate court may, without notice, appoint a successor to a guardian of one duly adjudged to be a person of unsound mind. confined in the state hospital for the insane, and discharged as improved.-Ekblad v. Linderholm, 169 P. 555. INSANITY. See Criminal Law, 1042. INSERTION. See Elections, 181. INSOLVENCY. See Assignments for Benefit of Creditors; ruptcy; Corporations, 542-566. INSPECTION. See Corporations, 181. INSTRUCTIONS. V. THE CONTRACT IN GENERAL. (A) Nature, Requisites, and Validity. 138(1) (Kan.) Accident insurance company cannot defeat action on policy because of stipulations or admissions contained in application which insured at instance of insurer's agent signed without reading or knowledge of its contents.-Shinn v. National Travelers' Ben. Ass'n, 169 P. 215. (B) Construction and Operation. 146(2) (Wash.) Contracts of insurance, unless language is so plain as to otherwise forbid, must be construed reasonably and in accordance with evident intent of parties thereto.Mountain Timber Co. v. Lumber Ins. Co. of New York, 169 P. 591. 146(3) (Wash.) Any ambiguity in language of insurance policy is to be construed in favor of insured.-Mountain Timber Co. v. Lumber Ins. Co. of New York, 169 P. 591. 163(5) (Wash.) Under fire insurance policy covering stock of manufacturing plant, and materials and supplies used in manufacturing, handling, or shipping spare materials kept in stock for use when needed, were covered by policy Mountain Timber Co. v. Lumber Ins. Co. of New York, 169 P. 591. 165 (Wash.) Under average distribution clause of fire insurance policy, held, that stock while in four buildings or places on insured's lumber manufacturing plant constituted but one location. Mountain Timber Co. v. Lumber Ins. Co. of New York, 169 P. 591. IX. AVOIDANCE OF POLICY FOR (C) Matters Relating to Person Insured. Bank-mation that he had consulted a physician who 292 (Cal.) Applicant's withholding of infordiagnosed his case as myocarditis, and that he had consulted another physician a few months before his application, held to amount to fraud invalidating the policy.-Whitney v. West Coast Life Ins. Co., 169 P. 997. XI. ESTOPPEL, WAIVER, OR AGREE- See Beneficial Associations, 16, 17, 154, 278, icy, it, and not insured, is responsible for sit309; Parties, 40. III. INSURANCE AGENTS AND BROKERS. uation so arising.-Shinn v. National Travelers' Ben. Ass'n, 169 P. 215. 388(3) (Okl.) Any act of an insurer recognizing as an existing contract the policy sued upon, after knowledge that cause of forfeiture has occurred, is a "waiver" of such cause.Springfield Fire & Marine Ins. Co. v. E. B. Cockrell Holding Co., 169 P. 1060. (A) Agency for Insurer. 83(2) (Kan.) If agent directed to cancel policy of insurance issued by him does not do so he is liable to his principal for damage sustained by principal, unless agent shows some 392(1) (Kan.) In action on alleged oral invalid reason for failure to follow direction.-surance contract, held, that insurer by retaining St. Paul Fire & Marine Ins. Co. v. Bigger, premium paid to its local agent was estopped 169 P. 213. to deny its contract to insure wheat crop against loss by hail, though agent had no authority to make oral contract.-Williams v. Home Ins. Co., 169 P. 545. 84(3) (Kan.) One contracting with state agent of an insurance company to render service for agent, and rendering such service under the contract, must look to the agent for his compensation.-State V. Topeka Nat. Live Stock Ins. Co., 169 P. 1149. 85 (Okl.) In action for insurance company's breach of agency contract, evidence held insufficient to show any actionable wrong on its part in exercising its option to abrogate the contract. -Bowers v. Missouri State Life Ins. Co., 169 P. 633. In action for insurance company's breach of agency contract, evidence held insufficient to show breach.-Id. 393 (Okl.) Where insurer's agent acted in conveying insured property and requested an assignment to purchaser, and insured sent policy requesting agent to prepare assignment to purchaser, and agent approved assignment, and property was destroyed, held that insurer waived forfeiture incurred by sale of subject of insurance.-Springfield Fire & Marine Ins. Co. v. E. B. Cockrell Holding Co., 169 P. 1060. 399 (Cal.) Insured's failure to give notice or proof of loss as required by the contract were not waived by the insurer's payment of loss to mortgagee, for whose benefit the insur- they were made willfully and with intent to deance was taken.-Clark v. Casselman, 169 P. ceive.-American Bankers' Ins. Co. v. Hopkins, 1005. 169 P. 489. 661 (Kan.) In action upon oral contract for XIII. EXTENT OF LOSS AND LIABIL- hail insurance, evidence of amounts paid by inITY OF INSURER. surer to others in settling losses to wheat crops caused by same storm held incompetent.-Williams v. Home Ins. Co., 169 P. 545. (C) Guaranty and Indemnity Insurance. 514 (Cal.App.) Giving of promissory note when so intended held sufficient payment of judgment to satisfy liability policy, but not sufficient when the policy requires that the judgment be paid in money before liability accrues. -Hebojoff v. Globe Indemnity Co. of New York, 169 P. 1048. 665(3) (Cal.) In action by insurance company which had paid loss to mortgagee and taken assignment of mortgage, finding that mortgagors had not conveyed without insurer's consent held contrary to the evidence.-Clark v. Casselman, 169 P. 1005. oth-668(6) (Okl.) In action upon life policy defended on ground that insured's statements were false, the materiality of such statements and the insured's intent to deceive are questions for the jury.-American Bankers' Ins. Co. v. Hopkins, 169 P. 489. Insurer against loss through liability to ers held entitled to protect itself against difficulties in defending by provision in policy requiring payment in money as a condition precedent to liability.—Id. XVI. RIGHT TO PROCEEDS. 587 (Cal.App.) Fraternal Act 1911, limiting the class who may be beneficiaries, is constitutional and applies to a designation, after it became effective, of a successor to a deceased beneficiary under a certificate issued before the enactment.-Machado v. Ellison, 169 P. 917. XVIII. ACTIONS ON POLICIES. 612(2) (Idaho) In action on standard fire policy for total loss of property insured, held, that failure to submit proofs of loss within time specified in policy was not fatal to an action thereon.-Southern Idaho Conference Ass'n of Seventh Day Adventists v. Hartford Fire Ins. Co., 169 P. 616. XX. MUTUAL BENEFIT INSURANCE (A) Corporations and Associations. ments of dues and assessments, was in fact and 695 (Kan.) Local financier, receiving payin law agent of insurer, and not of member, and by-law making him member's agent was void.Allen v. National Council of Knights and Ladies of Security, 169 P. 569. Notice to officers of local lodge is notice to National Council.-Id. (C) Dues and Assessments. 741 (Kan.) After accepting from beneficiary dues and assessments for December and January, and retaining them until after insured's death, it was too late for defendant to question beneficiary's authority to make payments. be-Allen v. National Council of Knights and Ladies of Security, 169 P. 569. 618 (Kan.) Under Code Civ. Proc. § 53 (Gen. St. 1915, § 6943), action against foreign insurance company upon a policy may brought in any county where it is found, regardless of where cause of action arose or of plaintiff's residence.-Snelling v. National Travelers' Benefit Ass'n, 169 P. 1144. Provision of Code Civ. Proc. § 53 (Gen. St. 1915, § 6943), that action against foreign insurance company "may" be brought in any county where cause of action or some part of it arose is a permissive and cumulative remedy.-Id. (D) Forfeiture or Suspension. 755(2) (Kan.) Where acts of omcers of local ratiued by superior officers, with knowledge, it lodge, though unauthorized in first instance, are amounts to waiver of any right of forfeiture against member.-Allen v. National Council of Knights and Ladies of Security, 169 P. 569. (E) Beneficiaries and Benefits. 624(4) (Okl.) Where insured conveyed property covered by policy by contract making loss payable to insured as its interest might 787 (Or.) Wound intentionally made by barappear, and property was destroyed before pol- ber in removing ingrowing hair from plaintiff's icy was assigned, purchaser was not owner with right of action thereon.-Springfield Fire face, with his consent, held not made by "ac& Marine Ins. Co. v. E. B. Cockrell Holding-Kendall v. Travelers' Protective Ass'n of cidental means" within fraternal benefit policy. Co., 169 P. 1060. America, 169 P. 751. 624(5) (Wash.) Insured who before trial had assigned his claim under fire insurance policy as collateral security, and his assignees, held proper parties to action to recover on policy.Mountain Timber Co. v. Lumber Ins. Co. of New York, 169 P. 591. 627(1) (Kan.) Service on duly licensed general agent of foreign insurance company having place of business in county and power to appoint and remove local agents in a certain territory is sufficient to give court jurisdiction of company.-Snelling v. National Travelers' Benefit Ass'n, 169 P. 1144. Service on duly licensed general agent of foreign insurance company, having place of business in county, construed as sufficient to give court jurisdiction of company, does not violate Const. U. S. Amend. 14, by depriving it of property without due process of law.-Id. 646(3) (Cal.) A presumption of applicant's intent to deceive is only raised when his statements are made with knowledge of their falsity. -Whitney v. West Coast Life Ins. Co., 169 P. 997. 789(1) (Or.) Accident policy requiring notice of injury within 30 days, unless insured was unconscious or disabled, is not breached by insured's failure to give such notice during some 7 days following accident, before plaintiff became physically disabled.-Kendall v. Travelers' Protective Ass'n of America, 169 P. 751. (F) Actions for Benefits. 812 (Or.) Where fraternal benefit association's constitution required claims to be presented after total recovery, and authorized benefits for 2 years' disability, a suit for 32 months' disability, commenced 7 months after claim's refusal, held brought in time, although constitution required suit to be brought within 6 months after refusal.-Kendall v. Travelers' Protective Ass'n of America, 169 P. 751. 815(1) (Or.) Plaintiff's allegation that he had complied with all terms of accident insurance policy held sufficient under direct provisions of L. O. L. § 88.-Kendall v. Travelers' Protective Ass'n of America, 169 P. 751. 646(3) (Okl.) In action on life policy, pro-818(1) (Or.) In action on policy insuring viding that in absence of fraud insured's against accidents causing disability to transact statements shall be deemed representations, business, testimony regarding plaintiff's sufferwhere falsity of statements is relied upon as ing, etc., is inadmissible.-Kendall v. Travelers' 818(3) (Kan.) In action on fraternal benefit, be surrendered for cancellation.-Guaranteed certificate, defended on ground of insured's sus- State Bank of Durant v. D'Yarmett, 169 P. 639. pension for nonpayment of dues and failure of In action of strict interpleader, all the relief legal reinstatement, evidence of custom of de- plaintiff can ask is that on paying fund into fendant's local officers to accept dues from de- court his liability cease, and claimants settle linquent members, and to reinstate them, was dispute between them.-Id. V. National Council of Knights and Ladies of Security, 169 P. 569. admissible.-Allen INTERROGATORIES. 825(3) (Or.) Evidence regarding manner in See Trial, 350. which barber removed ingrowing hair from plaintiff's face, with his consent, resulting in poisoning, etc., held to make jury question INTERSTATE COMMERCE. whether injury was accidental within fraternal See Master and Servant, 365. 826(1) (Kan.) In view of special finding INTERVENTION. that when member was reinstated she was not See Parties, 40. INTESTACY. in bad health, instruction as to provision of by- INTOXICATING LIQUORS. III. LOCAL OPTION. 826(1) (Or.) In action on benefit accident See Indictment and Information, 125. policy, refusing requested instructions that defendant's constitution and by-laws were binding upon plaintiff, held erroneous.-Kendall v.32(2) (Cal.App.) Under Wylie Act, §§ 1, 4, Travelers' Protective Ass'n of America, 169 P. 751. 6, no duty was incumbent on trustees of city to submit at an election proposition as to In action on fraternal accident policy, de- whether sale of alcoholic liquor should be lifendant's requested instruction that plaintiff censed, until filing of clerk's certificate showing was bound by its constitution and by-laws, al- petition to have been signed by requisite numthough he and his family were ignorant there-ber, and in order trustees might be compelled of, was properly refused because of reference to plaintiff's family.-Id. 828 (Kan.) Where there was verdict for amount of benefit certificate, with interest at 6 per centum, and court, without correcting verdict, rendered judgment for amount, with 6 per centum from date of insured's death, there was no error of which insurer could complain. -Allen v. National Council of Knights and Ladies of Security, 169 P. 569. INTENT. See Assault and Battery, 49; Dedication, 15; Evidence, 460, 461, 472; Fraudulent Conveyances, 298; Homicide, 86, 145; Partnership, 17; Statutes, 181; Wills, 439. INTEREST. See Bills and Notes, 158; Damages, I. RIGHTS AND LIABILITIES IN 13 (Kan.) A city's defaulted payments for lighting services of street lighting company should only draw simple interest at legal rate from the dates when they were severally due under the contract.-Welsbach Street Lighting Co. v. City of Wichita, 169 P. 193. INTERPLEADER. I. RIGHT TO INTERPLEADER. 10 (Okl.) In action of strict interpleader, plaintiff must show conflicting claims against him for the same thing, and that he has no interest therein.-Guaranteed State Bank of Durant v. D'Yarmett, 169 P. 639. II. PROCEEDINGS AND RELIEF. 32 (Okl.) Under bill of interpleader, plaintiff may ask for affirmative relief, and hence owner of property chargeable for paving may file bill for decree adjudging which claimant is entitled to debt due for paving, and that on its payment paving bonds issued against fund shall to submit question of special election, certificate must have been filed not later than October 8th.-Mills v. Board of Trustees of City of Watts, 169 P. 1052. Laws 1909, p. 17, § 25, declaring any person shipping, transporting, or delivering intoxicating liquor to any person in any prohibition district in Idaho, or to any place where its sale is forbidden, guilty of a misdemeanor, is a valid exercise of the police power.-Id. 143 (Idaho) Crime of maintaining liquor nuisance under statute is continuing offense.State v. Maguire, 169 P. 175. 169 (Wash.) In prosecution for having unlawful possession of intoxicating liquors at a drug store, requested instruction that to convict accused must be found to have been in charge of and not an employé of a store, held improper.-State v. Billingsley, 169 P. 845. VIII. CRIMINAL PROSECUTIONS. 197 (Or.) Under Laws 1915, p. 166, § 32, police courts generally possess same authority to hear and determine cases as justice courts, and have concurrent jurisdiction with circuit court of most violations of prohibitory laws.City of Astoria v. Malone, 169 P. 749. 221 (Or.) Laws 1915, p. 166, § 33, providing that it shall not be necessary for the state to allege that party charged is within any of exceptions of prohibitory law, has no application to prosecution under municipal ordinance.-City of Astoria v. Malone, 169 P. 749. Under ordinances making it unlawful to have in possession intoxicants "not permitted by state laws," quoted exception being a part of "enacting clause" must be negatived in complaint in view of L. O. L. § 2482.-Id. 230 (Idaho) On charge of maintaining liquor nuisance on January 29, 1915, sustained by evidence in respect to that date, evidence that defendant was maintaining nuisance on September 8, 1914, was admissible, where there was evidence to show a continuation of nuisance between two dates.-State v. Maguire, 169 P. 175. subject of replevin by owner.-Allison v. Hern, XII. RIGHTS OF PROPERTY AND 327(2) (Cal.App.) Wyllie Local Option Law, 233 (1) (Wash.) In prosecution of individual for unlawfully keeping intoxicating liquors, certificate of registration of drug store under Rem. Code 1915, § 8464, making declaration of ownership presumptive evidence of ownership, held not admissible; the charge not being illegally keeping drug store.-State v. Bil- See Trial, 374, 396. lingsley, 169 P. 845. 233(2) (Wash.) In prosecution for unlawfully keeping liquor at a drug store, evidence that accused also had a warehouse with paraphernalia for putting up whisky for sale, and that large quantities of whisky were found in the warehouse, is admissible as showing the intent with which accused possessed liquors at the drug store.-State v. Billingsley, 169 P. 845. 236(4) (Okl.Cr.App.) Evidence, in a prosecution for violating the prohibitory liquor law, held not to disclose defendant's guilt as a "principal" within Rev. Laws 1910, § 2104.Thompson v. State, 169 P. 1125. 236(5) (Okl.Cr.App.) Evidence held to sustain a conviction for unlawful possession of intoxicating liquors with intent to sell.-Boyd v. State, 169 P. 499. 236(7) (Wash.) Evidence held to warrant conviction of keeping intoxicating liquors for unlawful sale.-State v. Billingsley, 169 P. 845. 33.-State v. Snell, 169 P. 320. JITNEYS. See Livery Stable and Garage Keepers, 11; JOINDER. See Action, 45, 50. JOINT ADVENTURES. (Wash.) Transaction whereby plaintiff was to have owner of lots erect a building and lease it to defendants, and was to receive a share of the profits, held one of brokerage and not a joint adventure.-Griffiths v. Von Herberg, 169 P. 587. JUDGES. See Contempt, 8; Criminal Law, 655; ~31; III. RIGHTS, POWERS, DUTIES, AND 236(11) (Wash.) The fact that a druggist stored five quarts of whisky in his home is not sufficient evidence, standing alone, to show intent to dispose of it unlawfully, nor to show any violation of Rem. Code 1915, §§ 6262-1-6262-36 (Mont.) Judicial officer cannot be held liable for damages for judicial acts where he has 239(7) (Wash.) In prosecution for keeping jurisdiction.-Grant v. Williams, 169 P. 286. intoxicating liquors at drug store for unlawful sale, instruction defining registered druggist in accordance with Rem. Code 1915, § 8457, requiring a drug store to be operated by a registered pharmacist, held unduly favorable to accused in view of Laws 1915, p. 4, § 7, permitting registered druggist to sell intoxicating liq. uors on prescription.-State v. Billingsley, 169 P. 845. IX. SEARCHES, SEIZURES, AND FOR- 251 (Okl.) The county courts have jurisdiction to hear and determine controversies concerning money along with liquors, etc., seized by an officer under Rev. Laws 1910, § 3617, such money being an "appurtenance" within the statute, and "jurisdiction of the subjectmatter" being the power to deal with the general subject involved in the action.-Glacken v. Andrew, 169 P. 1096. 251 (Wash.) Where a druggist obtained liquor to be sold in compliance with law, and such liquors were unlawfully seized, he had a right to their return, though he had in the meantime sold his drug business.-State v. Snell, 169 P. 320. Claimant of liquor seized as contraband held to have sustained the burden of proof as to property right and interest, and that the same were not used for, nor kept with intent of, violating Rem. Code 1915, § 6262-12.—Id. Evidence and findings of fact held to support the conclusions of law and judgment for the return of liquors seized as contraband.-Id. See Execution. JUDGMENT. For judgments in particular actions or proceedFor review of judgments, see Appeal and Error. ings, see also the various specific topics. IV. BY DEFAULT. (A) Requisites and Validity. 101 (1) (Cal.) To support judgment by default, complaint must state facts necessary to entitle plaintiff to recover sums included in judgment.-Lynn v. Knob Hill Improvement Co., 169 P. 1009. to 131 (Idaho) Action to recover amount deposited with defendant, to be paid over plaintiffs on completion of certain repairs, etc., held an action on contract, within Rev. Codes, § 4360, subd. 1, authorizing clerk of court to enter judgment on default.-Pendrey v. Brennan, 169 P. 174. Term "filed," as used in Rev. Codes, § 4360, subd. 1, relating to entry of judgment by default where no answer has been filed, requires that paper filed be deposited with proper officer, and is not complied with by depositing it in post office addressed to officer.-Id. (B) Opening or Setting Aside Default. 138(2) (Cal.) Trial court's ruling denying motion of defendant corporation to be relieved from default held within its discretion, in view of neglect of defendant's secretary and attorney.-Lynn v. Knob Hill Improvement Co., 169 P. 1009. 256 (Kan.) Under ordinance authorized by Gen. St. 1915, § 5532, requiring search of any place maintained as liquor nuisance, and direct-139 (Cal.) Whether defendant shall be reing seizure, etc., taxicab seized, with notice of lieved from default is matter of discretion in hearing why it should not be forfeited and de- trial court.-Lynn v. Knob Hill Improvement |