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***R exceeded its jurisdiction, and there is no ap-
proceedings on certiorari, though the time lim-
ited for appeal has expired before certiorari is
Dixon, (Wash.) 34 P. 212.
3. The supreme court of Montana can re-
v. Fourth Judicial District Court, (Mont.) 34
4. An order for payment of temporary ali-
while the car was in motion. Held, that an in- mony being appealable, and such appeal, with
stay bond, furnishing a complete remedy against
lie to review the action of the court in commit-
hat the verdict must be for the defendant if order; the provision of Const. art. 8, § 3, that
the justices of the supreme court may issue
servants, and that if plaintiff, knowing the car Finkelstein, (Mont.) 34 P. 847.
get off by stepping directly out from the car,
See "Jury," 9.
Change of Possession.
ligence on the part of defendant arising from
Change of Venue.
and engaged in watching the car, through the
ple merchandise belonging to his employers; and
knowledge of its ownership or contents, a part Liability, of sheriff, see “Sheriffs and Consta-
1. A mortgage of a stock of goods was
as made, and the mortgagees'
agents, who occupied the other side of the same
building as the mortgagor, took possession, and
put in charge a man who hired the mortgagor
to help him, as clerk, New books were opened,
was not erased. Held, that there was a change
2. Under Code, 8 776, subd. 40, providing
that every mortgage of personal property capa-
the mortgagor's creditors unless accompanied by
diate change of possession of the mortgaged
property, the possession of the mortgagee, where
his mortgage is not recorded, must be exclusive,
and accompanied with such outward acts of
ownership as to apprise the public that the
property has changed hands; and a joint pos-
Peirce y. Kelly, (Or.) 34 P. 963.
3. A mortgage of merchandise, permitting
the mortgagor to remain in possession and sell
a parol agreement that the mortgagor may re-
to whom the stock of mortgaged goods was turn-
subsequently attaching creditors, there being
5. Though a contract for a pledge, by recit-
COLLEGES AND UNIVERSI-
that "the board shall consist of three elecure
members, as nuw provided by law, and of the
governor and attorney general, who shall be
officio members of the board." Held, that the
passage which requires the induction of the is
creased number into office prior to their electo
by the people. State v. Irwin, 5 Ver. 121. od
In obtaining decree of divorce, see "Divorce,"
Color of Title.
See “Adverse Possession," 4; "Public Landa.*
Bank commissioners, see "Banks and Bani.
See "Husband and Wife," 6-9.
Of attorney, see "Attorney and Client," 6, 7.
See "Pleading," 46.
CLERK OF COURT.
Effect of offer as admissions, see "Evidence," &
Compromise as consideration.
The compromise by a wife of a suit for
divorce against her husband, and her abaudos
Conclusion of Law.
See "Pleading," 2.
See "Eminent Domain."
In policy, see "Insurance," 1, 2
"Pr'. Billings, (Wash.) 34 P. 936.
cooards of supervisors of the respective counties rendered before the passage of the act directing
ers on the road commissioners, who were not a
"tribunal transacting_county business." John-
County v. Abbott, (Kan.) 34 P. 416.
5. A law permitting the clerk of court, in
not unconstitutional, as conferring on said
clerk judicial power.-State v. Sureties of
Krohne, (Wyo.) 34 P. 3.
Control by courts of executive depart-
6. The execution of orders given by the
president of the United States for the removal
of intruders from government land will not be
interfered with by injunction, the courts having
no jurisdiction over the executire department
of the government.-Guthrie v. Hall, 34 P. 380,
1 Okl. 406.
Local and special laws.
7. The term "township” in Const. art. 5,
$ 25, forbidding special laws regulating county
or “township” affairs, refers to an involuntary
Foluntary municipal corporation, such as
not forbidden in respect to incorporated towns
can be made applicable.-Town of Valverde v.
9. Act March 27, 1890, (Laws 1889-90, p.
•bligation of contracts, power congress to viously undertaken to incorporate as municipal
Qualification of voters, see "Elections and Vot- reincorporate under the statute without refer-
ence to population, but solely by reason of their
under Const. art. 2, § 28, which prohibits the
ing corporate powers and privileges," and ar-
shall not be created by
Spokane Falls, (IV: 3+ P. 926.
9. The provision of the act of 1889 which
or local laws regulating the practice of courts
self-executing, and before a person can main 10. The bank commissioners' act of March
nis grantor, condemned for a private way of ne certain cases, the winding up, of banks by com-
be private ways of necessity, authorize persons contravention of Const. art. 4, 825, providing
cial or exclusive right, privilege, or immunity.
-People v. Superior. Court, (Cal.) 34 P. 492.
n an act establishing law libraries, (Act March 11. Laws 1893, c. 109, concerning the sale
emain without the provision of the act, as the or nullify any of the terms of a judgment duly
nay determine.--Board of Law Library Trus. the sale of an interest in land for the purpose
ler, (Kan.) 34 P. 967; Moore v. Barstow, Id.
12. It is within the power of the legislature
13. Act N. M. T. 1889, $81, 2, authoriz
for municipal, purposes sof Denver v. City of
ule of prices, and provide for the fixing of the unlawful interference with the proceedings of
3. A judge of the circuit court has por
4. Where defendant was adjudged to hure
to appear on a certain day in the same tera
Of election, see "Elections and Voters," &
which provides that the right of trial by jury police power of the legislature.- Woodward :
23. Act Wash. T. Nov. 28, 1883, (Lan
taxes, was not in conflict with Organie de
assessments between different kinds of
erty, but the assessments shall be according a
taxation.-Columbia & P. S. R. Co. v. Chibet
(Wash.) 34 P. 163.
Assessments for local imprope
24. The provision in Sess. Laws 1887, <
thereunder shall be apportioned among the se**
eral tracts of land within half a mile of the
improvement, “according to the benefits to the
Johnston, J., dissenting. – Bear
18. A city charter giving power to improve
See, also, “Certiorari," 3, 4.
1. A commitment for contempt of cours
tor by false pretenses, is void, where the judo
parte Carroll, (Cal.) 34 P. 518.
.) 33 P. 515, and Railway Co. v.
Deprivation of liberty.
22. Act March 31, 1891, (St. 1891, p. 223,) Of wills, see “Wills," 69.
5. The assignment of an insurance policy
'Carriers;" "Chattel Mortgages;" “Deed;" theretofore given by the assignor to the assignee
Fraudulent Conveyances;” "Insurance;" the mortgaged property, and the assignment
ind Servant;" “Mortgages;” “Negotiable In- (Wash.) 34 P. 832.
to withhold testimony therein, is absolutely
sory note given in consideration of such an
agreement.-Friend v. Miller, (Kan.) 34 P.
7. C. and S., who were interested in a
in consideration of $16,750 given by S. to C.,
it was provided that they should be equal own-
an agreement entered into with bondholders of
the company; and it was further agreed that
by them should be sold as would amount to
together with the cash outlays by S.; that this
should be turned over to S., and from it he
should pay to C. $3,000 paid by him on the
invalid, a broker employed to sell or exchange ance of the price of the property. $1 750 was
reement for a commission of 5 per cent. on moneys advanced to C., and, in case money
over 5 per cent. on a separate valuation $3,000 to C. and the notes, S. should be releas-
the exchange, as between the parties thereto, should be jointly liable for the notes. Held,
e, and that part as to the land is not un- 34 P. 989.
land for defendants, delivering to them all re-
nal property was exchanged at such valua- defendants did not receive $2,000 in six months
gross sum involved in the exchange.- the $10 commission on each lot should be full
compensation for plaintiffs' services. It was
and that, in consideration thereof, the of such pending suit, plaintiffs could not re-
rty of the second part, having theretofore cover moneys expended by them in surveying
ars the balance of one dollar per acre, i. e. 817.
sum of $160," with interest thereon. 9. Plaintiffs were, however, in such case,
e, so as to allow the purchaser to pay the der to complete the amount of $2,000 necessary
10. Plaintiff and defendant, two water com-
the new part not being in condition to en question of what were necessary operating ex-
ant's water for a gross sum, with provision