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|Joinder of causes.

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1. Code Civil Proc. § 427, authorizes plain-
tiff to "unite several causes of action in the
same complaint where they all arise out of
(6) injuries to person; (7) injuries to
tion so united must all belong to only one of
property," and provides that "the causes of ac-
these classes." Held, that plaintiff cannot join
in the same complaint a cause of action for
forcing the noxious fumes of chemicals into
plaintiff's shop, to the injury of his health, and
a cause of action for breaking into the shop
and removing his personal property.-Thelin ▾
Stewart, (Cal.) 34 P. 861.

2. A cause was entitled against a firm,
the summons directed to the firm, and the at-
tachment issued against firm property. The
complaint stated a separate cause of action
against each partner as an individual. Held
that, if against the firm, the complaint stated
no cause of action; if against the individuals,
it misjoined causes of action.-Faust v. Smith,
(Colo. App.) 34 P. 261.

Adequate Remedy at Law.

See "Equity," 1; "Injunction," 1, 2; "Specific
Performance," 1.

Administration.

See "Executors and Administrators."

ADMIRALTY.

Jurisdiction of state court.

Hill's Code, § 3690, so far as it author-
izes a proceeding in rem in the state courts to
enforce a lien for necessary supplies furnished
a vessel in her home port, is invalid, as it con-
travenes Const. U. S. art. 3, § 2, and Rev. St.
U. S. §§ 563, 711, which give exclusive juris-
diction of such proceedings to the_district
ing Co. v. The Willapa, (Or.) 34 P. 689.
courts of the United States.-Portland Butcher-

Admissions.

e, also, "Abatement and Revival;" "Limi-
ation of Actions;" "Lis Pendens;" "Par-
ies:" "Pleading;" "Practice in Civil Cases;"
Trial;" "Venue in Civil Cases;" "Witness."
rticular actions, see, also, "Assault and Bat- As evidence, see "Criminal Law," 34, 35.
ery;" "Assumpsit;" "Attachment;" "De-
zeit;" "Divorce;" "Ejectment;" "Forcible
Entry and Detainer;" "Garnishment;" "In-
unction;" "Libel and Slander;" "Malicious
Prosecution;" "Quieting Title:" "Replevin;"
'Specific Performance;" "Trespass;" "Trover
and Conversion."

ainst cities, see "Municipal Corporations,"
18.

executors and administrators, see "Execu-
tors and Administrators," 16-20.

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- partnership, see "Partnership," 3-5.
state, joinder of officers, see "States and
State Officers," 10.

etween partners, see "Partnership," 6.
counties, see "Counties," 12.

y wife, see "Husband and Wife," 10.
or deficiency on mortgage foreclosure,
"Mortgages," 9, 10.

or price, see "Sale," 9-11; "Vendor and
chaser," 12, 13.

n contracts, see "Contracts," 18-20.
n insurance policy, see "Insurance," 9-12.
n judgment, see "Judgment," 37-39.

ADVERSE POSSESSION.

Declarations accompanying acts of possession,
see "Evidence," 6.

Character of possession.

1. Where there is subjection of land to the
in some appropriate manner adapted to the con-
will and dominion of the occupant manifested
dition and location of the land, a residence
thereon is not essential.-Anderson v. Burnham,
(Kan.) 34 P. 1056.

2. Where the children of a decedent take
possession of his land, their holding is adverse
to persons who claim to be his children by an-
other woman, his lawful wife, and that those
see
in possession are illegitimate.-Westenfelder v.
Pur-Green, (Or.) 34 P. 23.
Color of title.

n negotiable paper, see "Negotiable Instru-
ments," 11, 12.

v.34P.-71

3. Actual, notorious, continuous, and exclu-
sive possession of land by an adverse occupant
for more than 15 years will give title thereto,
though such possession is without color of title.
-Anderson v. Burnham, (Kan.) 34 P. 1056.

(1121)

Payment of taxes.

Answer.

APPEAL.

4. Code Civil Proc. § 325, provides that
one claiming title by adverse possession must See "Pleading," 10-16.
have paid all the taxes during the five years
of his adverse occupancy. Held that, the ad-
verse claimant having paid the taxes for that
number of years, it was immaterial that some
of the taxes during that time had also been
paid by the original owner. - Cavanaugh V.
Jackson, (Cal.) 34 P. 509.

Effect.

5. In a suit to quiet title it appeared that
defendant claimed under a deed made and re-
corded in 1858, while plaintiff claimed under
one from the same person, made and recorded
in 1859, and that the grantee in the latter deed
and his successors in title, including plaintiff,
held open, exclusive, and adverse possession of
the premises under claim of title for more than
10 years before the commencement of suit,
while neither defendant nor his predecessors in
title were at any time in possession. Held,
that any rights possessed by defendant were
barred.-Logus v. Hutson, (Or.) 34 P. 477.

AFFIDAVIT.

On application to open judgment, see "Judg-
ment," 34.

Certificate of officer-Deputy clerk.

The deputy county clerk, being duly
qualified to administer oaths, may and should
sign the jurat to the verification of an informa-
tion without mentioning his principal.-State v.
Doe, (Wash.) 34 P. 154.

Agency.

See "Principal and Agent."

AGISTMENT.

Rights and liabilities of agister.

I. APPELLATE JURISDICTION
II. REQUISITES.

III. PRACTICE.

IV. REVIEW.

V. EFFECT OF APPEAL.

VI. DECISION.

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Appellate jurisdiction, see, also, "Courts,” 4"
Compelling courts to entertain appeal, s
"Mandamus," 3, 4.

Costs on, see "Costs," 8.
Harmless error, see "Jury," 9, 10.
In criminal cases, see "Criminal Law," 71-41
- bond, see "Bail."
Record on appeal, enforcement of assessment
see "Municipal Corporations," 44.
Review on, see "Homicide," 6.

I. APPELLATE JURISDICTION.
When appeal lies.

1. Appeals are creatures of the statute, and
neither joinder in error nor the consent of per
ties can confer jurisdiction upon the supres
court by appeal.-Gordon v. Gray, (Colo. Sup
34 P. 840.

2. Under Practice Act 1891, the propr
method for the review of common-law ca
is by writ of error, and not by appeal-A
son, T. & S. F. R. Co. v. Martin, (N. M.) 34 P.
536; Martin v. Atchison, T. & S. F. R. Co.. Id
Appealable judgments and orders.

3. Before an appeal can be taken from
action of the probate court on any part of the
final settlement of an administrator, it must
pear that the probate court has taken final st
tion on the settlement, and has passed on the
whole account presented. — Appeal of Bigge
(Kan.) 34 P. 782.

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A person claiming a lien for feeding
live stock has the right of possession until the
debt is paid, but he can do nothing to enforce
payment except in pursuance of the statute
4. An order of the superior court appoint
providing for the enforcement of such a lien;ing an assignee in insolvency in place
and, if he makes a sale of the stock without named by the assignor in his deed of assig
complying with the statute, the owner of the ment is not a final judgment, from which an
stock may resume possession thereof, or bring appeal will lie.-State v. Parker, (Wash.) 4
an action for its conversion.-Greenawalt v.
Wilson, (Kan.) 34 P. 403.

Aider by Verdict.

See "Pleading," 36-39.

Alcoholic Liquors.

See "Intoxicating Liquors."

Aliens.

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6. The right of a physician to appeal to the
Eligibility to office, see "Office and Officer," 1. district court from the action of the state

Alimony.

See "Divorce," 6, 7.

Alteration of Instruments.
Delivery of bond with blanks, authority to fill,
see "Bonds."

Amendment.

board of medical examiners in revoking his
license to practice his profession, as provided
by Sess. Laws 1889, p. 175, is not nugang
because the legislature has prescribed no ras
of practice to guide the district court in ad
dicating such cases.-State v. District Court d
First Judicial District, (Mont.) 34 P. 298.
Jurisdictional amount.

7. Under Const. art. 6, § 4, granting the
supreme court appellate jurisdiction in cases
at law only where the demand, exclusive of
interest, amounts to $300, that court cann
taxing a cost bill which is less than tast
101.

Of articles or certificate of incorporation, see review an order, made after final judgmen
"Corporations," 1.

Of

city charter, see "Municipal Corpora- amount.-Fairbanks v. Lampkin, (Cal.) 34 P.

tions," 4.

Of pleading, see "Pleading," 19-23.
Of statutes, see "Statutes," 2-4.

8. Civil Code, § 542a, provides that no
peal or proceeding in error can be had or tar

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9. A notice of appeal from a justice, en-
itled "State of Washington, county of Spokane
-ss.: Before C., justice of the peace,' is not
bjectionable as not entitled in a court.-State
Superior Court of Spokane County, (Wash.)
84 P. 922.

10. A notice of appeal from a justice, ad-
Hressed to above-named plaintiff and his attor-
neys, "that the above-named defendant appeals
to the superior court from a judgment hereto-
Fore rendered by said justice of the peace
against him in the above-entitled action," is not
bad for failure to more particularly describe
the judgment. Dunbar, C. J., dissenting.--
State v. Superior Court of Spokane County,
(Wash.) 34 P. 922.

11. Where notice of appeal is given in open
court, no other notice or service is necessary.
-Moore v. Brownfield, (Wash.) 34 P. 199.

12. In an action to foreclose a mortgage,
the owners of two-thirds of the property al-
leged that plaintiff, as mortgagee, had been in
possession and received certain rents and prof-
its, and prayed for an accounting. A demur-
rer to this answer having been sustained, judg-
ment was rendered against such owners, and
they appealed. The owner of the other third

interest consented to judgment for plaintiff,
the latter having waived a deficiency judg-
ment. The mortgage debt bore interest at 8
per cent., and the judgment at 7. Held, that
notice of appeal must be served on the owner
of the one-third interest, since he would be in-
juriously affected by a reversal of the judg-
ment.-De Arnaz v. Jaynes, (Cal.) 34 P. 223.

13. Under Code Civil Proc. § 1016, declar-
ing a notice without the title of the action or
proceeding in which it is made, or with a de-
fective title, as valid and effeétual as if duly
entitled, if it intelligently refers to the action or
proceeding, a notice of appeal, in which a mis-
take is made in the first name of respondent
in the title of the action, is sufficient where it
is duly entitled as to the court and the depart-
ment in which the action was tried, and intel-
ligently refers to the number of the cause, and
to the judgment and order appealed from.-But-
ler v. Ashworth, (Cal.) 34 P. 780.

14. Where a petition to vacate a judgment
against plaintiff was answered by only a part
of the defendants, service of notice of appeal
from an order denying such petition on only
those defendants who answered the petition is
sufficient service, within Code Proc. § 1406,
providing that such notice shall be served on
all parties interested in the proceeding.-Seattle
& M. Ry. Co. v. Johnson, (Wash.) 34 P. 567.
Bond.

15. Mills' Ann. St. § 4444, provides that in
all actions, suits, and proceedings in any court
in the state in which a municipal corporation is
a party it may take an appeal, and have a writ
of error made a supersedeas, without giving
bond. Section 1086, shortly afterwards enact
ed at the same session of the legislature, pro-
viding for appeals from the county to the dis
trict court, requires a bond to be filed as a pre-
requisite, making no exceptions. Civil Code, §
395, afterwards enacted at the same session,
relates to appeals to the supreme court only,
and provides that when a municipal corpora-
tion is appellant, the court shall direct a stay
of execution without filing a supersedeas
undertaking. Held, that section 4444 applies

only to appeals to and writs of error from
the supreme court, and, where a municipal cor-
poration appeals from a county to the district
court, it must file a bond within the time pre-
scribed by section 1086.-City of Pueblo v. Jack-
son, (Colo. App.) 34 P. 766.

16. When it is shown that the surety on an
appeal bond has become insufficient, the appel-
late court may order a new bond with suffi-
cient surety as a condition to the maintenance
of the appeal, and, in default thereof, may dis-
miss the appeal.-Williams v. Williams, (Colo.
Sup.) 34 P. 285.

17. Where no motion is filed to discharge an
appeal bond for alleged defects, in accordance
with Code Proc. § 1421, providing for such mo-
tion on 10 days' written notice to appellant, the
appeal will not be dismissed on the ground that
the bond is defective.-Seattle & M. Ry. Co.
v. Johnson, (Wash.) 34 P. 567.
Defective bond-Right to file new one.
the court, and the department thereof, in which
18. Where the undertaking on appeal names
the action was tried, gives the number of the
cause, and accurately describes the judgment
and order appealed from, but contains a mis-
take in the first name of respondent in the
title of the cause, a justice of the supreme
court may, under Code Civil Proc. § 954, allow
worth, (Cal.) 34 P. 780.
a new undertaking to be filed.-Butler v. Ash-

Necessity of exceptions.

19. Where the only error assigned is upon a
judgment of dismissal, being substantially the
sustaining of a demurrer to the complaint, no ex-
ception is necessary, as the decision is apparent
upon the record.-Long v. Billings, (Wash.) 34
P. 936.
Necessity of motion for new trial.

20. A motion for a new trial is not needed
to support an appeal from a judgment of non-
suit.-William Mercantile Co. v. Fussy, (Mont.)
34 P. 189.

21. A motion for new trial is not necessary
to a review of proceedings on motion to set
aside a judicial sale of land.-Dreese v. Myers,
(Kan.) 34 P. 349.

III. PRACTICE.
Necessary parties.

22. Where, in an action in tort against two
defendants, judgment is rendered against both
jointly, one may bring error to review the same
without joining therein the codefendant.-New
Mexico & S. P. R. Co. v. Madden, (N. M.) 34
P. 50.
Assignment of errors.

23. In an action in the nature of ejectment,
a specification of error that "the evidence
showed that defendant M. was not in posses-
sion of said premises, or of any part thereof,
at the time of the commencement of this ac
tion," is insufficient.-Moore v. Moore, (Cal.) 34-
P. 90.

24. In a proceeding in the nature of a quo
warranto to oust an officer for misconduct, the
sufficiency of the information cannot be at-
tacked in the supreme court, in the absence of
a specific assignment of error in that regard.-
Bradford v. Territory, (Okl.) 34 P. 66.
Specifications of error in notice of ap-

peal.

25. Under Hill's Code, § 537, providing that.
when a motion specifies its grounds with rea-
sonable certainty, the specifications of error.
on notice of appeal, need only distinguish the
particular ruling of which a review is sought.
a specification of error in such notice that the
court erred in sustaining in part plaintiff's mo-
tion to strike out portions of the answer, and in
making an order striking out a portion of such
answer, sufficiently shows what motion and or-
der are referred to, where it appears from the
record that the motion designated the particular-

parts of the answer which it attacked, and that
the court made an order striking out such part.
-Bridal Veil Lumbering Co. v. Johnson, (Or.)
34 P. 1026.

Insufficient exceptions helped out by
assignment of errors.

26. Though an exception to instructions, as
it appears in one place in the bill of exceptions,
may be too general, the instruction will be re-
viewed where, in immediate connection with
the instructions set out in the bill, and, so far
as appears from the bal, of the same date as
the general exception, there appears an assign-
ment of errors in which the particular instruc-
tions are set out, and it is stated that they are

relied on as error.-Miller v. Vermurie, (Wash.)

34 P. 1108.

Record.

27. Where it is not shown by record that the
motion for a new trial was filed within three
days after the judgment was rendered, the su-
preme court cannot say that the district court
erred in overruling the motion.-De Ford v. Or-
vis, (Kan.) 34 P. 1044.

28. The record must affirmatively show the
service of the notice of appeal on the adverse
party or his attorney.-Adams v. McPherson,
(Idaho) 34 P. 1095.

29. Though an application for designation of
a way of necessity as a common-law right would
be an equitable proceeding, so that the entire
record on an appeal taken in April, 1893, would
have to be brought up, a proceeding to appro-
priate a private way of necessity, not author-
ized by the common law, is a condemnation
proceeding, and no more of the record need be
brought up than in ordinary civil actions.-
Long v. Billings, (Wash.) 34 P. 936.

30. A supplemental transcript showing
amendments to the statement on motion for new
trial, sent up on an order granting a motion sug-
gesting a diminution of the record, should not
be stricken from the files where there is a dis-
pute as to whether or not such amendments are
incorporated in the original statement; since, if
they are, no harm will result from a duplication
of the same, while, if they are not, the party
calling therefor is entitled to have them in the
record.-Doyle v. Gore, (Mont.) 34 P. 846.

31. Rule 2 of the supreme court, which re-
quires the transcript to be filed within 40 days
after taking an appeal, is not superseded, nor
is the time of filing extended for 5 days, by
rule 11, which allows the appellee 5 days in
which to examine the transcript presented by
appellant and to certify to its correctness.―
Bethell v. Rogers, (Cal.) 34 P. 645.

32. Where, on appeal, the only question is
whether an instrument sought to be fore
closed was given as a mortgage, and the ques-
tion was treated as an issue of fact below, but
no finding was made, and the instrument is
not brought up by the record, and is only
pleaded according to its legal effect, there is
nothing by which the appellate court can de-
termine the nature of the instrument, and a
decree refusing a foreclosure must be reversed.
-Powell v. Patison, (Cal.) 34 P. 676.

33. Under Code Civil Proc. § 950, providing
that any statement used on motion for new
trial, or any bill of exceptions settled, may be
used on appeal from a final judgment, the fact
that a bill of exceptions on appeal is entitled a
bill of exceptions on motion for new trial is
immaterial.-Bedan v. Turney, (Cal.) 34 P. 442.
34. Where the only thing in the record to
show service of the "case' on defendant in
error is an indorsement thereon that "the fore-
going is O. K.," signed by his attorney, and
dated after the expiration of the time given by
the court in which to make a case, the writ of
error will be dismissed. - Hunter v. Cross,
(Kan.) 34 P. 781.

35. An objection to the exclusion of evi-
dence will not be considered on appeal, where
the statement does not show in what it con-

sisted.-City of Santa Ana v. Harlin, (Cal) #
P. 224.

36. A paper in the transcript, denominate
a "bill of exceptions," not certified by the des
to be a correct copy of any bill of excepties
on file, and not containing any specific er
tions to any particular finding of the ear
will not be considered by the supreme court-
Helsel v. Seeger, (Cal.) 34 P. 237.

37. The sufficiency of testimony containe
in a transcript on appeal, unaccompanied bra
certificate that it was given or is corrent
stated, will not be considered.-Hawkins T
Morehead, (Cal.) 34 P. 223.

Statement of facts.

judge must certify that the statement of fat
38. Under 2 Hill's Code, § 1423, the tri
on appeal in an equity case contains_al_be
material facts." Clark-Harris Co. v. Douthit.
30 P. 744, 4 Wash. 465, followed.—Holm t
Gilchrist, (Wash.) 34 P. 1102.

89. A notice to settle a statement of fac
given 21 days after judgment is filed, is n
time, though it is not given until 33 days after
the date of the judgment, and the filing of the
findings of fact. - McGlauflin v. Merrian,
(Wash.) 34 P. 561.

40. Where a party appears before the judge
the day after the date fixed in the notice a
settle a statement of facts, and objects to set
tlement only because the notice was not given in
time, he thereby waives objection to the jur
diction of the court to settle the statement on
that day.-McGlauflin v. Merriam, (Wash.) 34
P. 561.

41. Where, in a suit in equity for partition.
the judge erroneously transfers the case to a
other department, before another judge, for
jury trial, which is had, and by mandamus the
equity judge is afterwards required to proceed
with the case, which he does by dismissing the
action, and on appeal each judge certifies to
statement of the facts before him, the state
ment of the equity judge, only, will be const
ered.-Hill v. Young, (Wash.) 34 P. 144.

Compelling ex-judge to settle state-

ment.

42. A judge of a superior court, whose term
expired on the second Monday of January, 186
cannot be thereafter compelled by mandamus ta
settle and certify a statement of facts; Act
Jan. 21, 1893, only authorizing, and not requ
ing, such action by an ex-judge.-State v. A
lyn, (Wash.) 34 P. 914.

How matters brought into record.
43. Where an exception to the dismissal of
an action was noted and signed by the judg
being made a part of the order of dismissal. :
lings, (Wash.) 34 P. 936.
bill of exceptions is necessary.-Long v. E-

ing a petition to vacate a judgment, the on
44. Where, on appeal from an order decy
question presented is the regularity of the jui
of facts is necessary; the facts legitimate
ment, neither a bill of exceptions nor statement
in the record being sufficient to enable a
termination of such question.—Seattle & M. Ry
Co. v. Johnson, (Wash.) 34 P. 567.

45. Instructions given and refused, not in
corporated in the statement or bill of ex>>
Electric Light Co. v. Morgan, (Mont.) 34 P.
tions, cannot be reviewed on appeal.-Miss na

488.

46. In order to obtain a review of a rela
on the refusal of the court to allow amendmet
of pleadings, the request and ruling must e
incorporated in the statement, or brought up is
bill of exceptions.-Campbell v. Freeman, (Ca
34 P. 113.

Bringing up the evidence.

47. The evidence taken at a trial before &
referee, in an action at law, and which Co
Proc. § 387, requires him to file with his re
port, when so filed, becomes a part of the ree
ord in the case, proper to be sent up on appel

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