Page images

that, if extensions of plaintiff's pipes were nec- | funds in such bank as would agree to get the
essaiy, the lessee could require plaintiff to put highest rate of interest, appointed defra
them in,-plaintiff to be allowed for the amount bank the city depository for the ensuinz red.
so expended 6 per cent. interest, and 3 per and deposited the city funds therewith B-
cent. per annum on the cost for deterioration the expiration of the year, the state spice
of the extension,-and, plaintiff insisting on its court decided that said section of the c**
rights under this lease, defendant could refuse was void, and thereupon plaintif :
to furnish water.-San Diego Water Co. v. from defendant the amount deposited
San Diego Flume Co., (Cal.) 34 P. 656.

Held, in an action for the interest accuz

such deposit, that since, under the preros

cision, the contract for the payment of te
11. Plaintiff agreed to sell defendants certain est was void, and the making of it constit
stock, and defendants agreed to take it, and pay a felony, plaintiff could not recover there
plaintiff a specified amount therefor; such pay- - City of Los Angeles v. City Bank, (Calis
ments to be made “as soon and fast as they P. 510.
were able, financially, to do so, without sacrifi-
cing their interests in, or the property of," such actions on contracts—Pleading.
company. Held, that defendants were bound

18. The act of God rendering performs
to perform such contract within such time as impossible. if relied on as a defense. Die
was reasonable for the disposition of their prop pleaded.-Pengra v. Wheeler, (Or.) 31 P. 354
erty:-Fisher y. Chadwick, (Wyo.) 34 P. 899;

19. As Civil Code, $ 1614, provides 11:
Chadwick v. Hopkins, Id.

written instrument is presuinptive eridele
12. One who contracts to build a house, the a consideration, a special averment of a m
last installment of the cost to be paid him "on sideration is not necessary, where the re-
completion of the work," cannot claim such plaint in an action on a contract states their
installment if the house was destroyed by fire is in writing; and it is immaterial that ca
before the second coat of paint was on the contract is set out according to its les e
house, all the doors hung, the fastenings put on fect. only, and not in haec verba. - Heske
the front doors and windows, or the build- Eureka Endowment Ass'n of California, (ca
ing delivered to the owner.-Clark v. Collier, 34 P. 1089.
(Cal.) 34 P. 677.

20. Defendant agreed to transfer to i'm
13. Defendant, the proprietor of an inn and tiffs certain mining stock in erchange for sur
theater, employed plaintiff to work in the the- of another company and $25,000 in cast, a.
ater, and advanced her traveling expenses. She guarantied an annual dividend of 3 per ceas
boarded at his inn and remained in his employ the mining stock. The cash payment was
until his wife, who had charge of the girls at deposited with a trust company until the de
the theater, assaulted her, and threatened her to certain property was perfected in the nints
life, so that she was afraid to remain. When company. Defendant failed to pay the 15-
she left there was more due her as salary than dends, and, in an action therefor, plaintifs :
she owed for board, but defendant attempted leged the exchange of stock, and the des
to apply her salary on the debt for the money allege that defendant received the cash

the cash with the trust company, bot di
advanced her, and for her board seized her such company. Held, that the complaint faiz
trunk, so that she was unable to accept another to show a cause of action. – Jones F. Pere
position offered her. Held that, under the agree (Colo. Sup.) 34 P. 728.
ment, it was intended that plaintiff should re
pay the money advanced by work, and as de- Action to rescind-Judgment for dem.
fendant failed to furnish her proper protection

from her coemployes, and by seizing her trunk
rendered her unable to obtain other employ- rescind the contract it appeared that defendes:

21. In an action by the vendees of laud to
ment, he cannot deny that the debt was fully agreed to pipe water to the land, we
paid. -Hanlin v. Walters, (Colo. App.) 34 P. failed to do; that plaintiffs agreed to clear ?
14. Where a lease of water power provided seven months, and the balance within a year

plant to fruit trees one-half the land with
that, in case the dam and race controlling the thereafter; and that they carried out
power were injured by high water, the lessor
should repair them within 10 days after the wa- agreement. Held, that if such action was ta
ter had fallen to its average winter stage, the for damages, a judgment in plaintiff's fate

as an action to rescind, and not as an acca
lessor would be excused from the making of re- for the cost of such improvements, and resc !
pairs within the required 10 days after the war ing the sale, could not stand. - Fountaia . Sed
ter had fallen to the average winter stage, if itropic Land & Water Co., (Cal.) 34 P. 497.
it rose again so as to make impossible the com-
pletion of the work in the time agreed.-Pengra
v. Wheeler, (Or.) 34 P. 354.

Contributory Negligence.
15. Where plaintiff, in an action for breach
of contract, must show performance on his part See “Negligence," 4-7.
before he can recover, nonperforn ance by him
cannot be excused on the ground that it was

caused by the act of God; and Civil Code, $
1511, providing that want of performance is See “Trover and Conversion."
excused “when it is prevented or delayed by ir-
resistible superhuman cause, does not apply

to such cases.-Remy v. Olds, (Cal.) 34 P. 216.

16. Where, under a contract with defendant, See “Chattel Mortgages;” “Deed;"Frauda'.
plaintiffs were to commence the work therein
provided for on a specified date, and failed to do

Conveyances;" "Mortgages;" "Sale;" "Ta

dor and Purchaser."
so, it was competent for them to show that,
though defendant notified them at that date
that it had arranged for them to commence,

it failed to make the arrangements; such evi-
dence being offered, not to change the terms of See, also, “Banks and Banking;" “Carrier;"
the contract, but to show the reason of their


;" "Irrigation;" "Municipal Care
uoncompliance therewith.-Texas, S. F. & N.

porations;" "Railroad Companies.'
Ry. Co. v. Saxton, (N. M.) 34 P. 532.

Action against stockholder, see "Limitatios of
Part performance.

Actions," 2.
17. Plaintiff, the city of Los Angeles, in pur- Special laws, see "Constitutional Law," 7-19.
suance of section 44 of its charter, (Act Jan. Usurpation of corporate franchise. see vee
31, 1889,) authorizing the deposit of the city Warranto."

102Nev.) 34 P. 381.

mending articles or certificate of in. , its business, will be held responsible for his

acts in its name, unless it affirmatively shows
1. A change of the laws of a mutual ben-Port Crescent Imp. Co., (Wash.) 34 P. 148.

that such acts were unauthorized.-Carrigan v.
t association in regard to the payment of ben-

13. A mining corporation is not liable for
t certificates is not an amendment of its cer-
icate of incorporation or articles of associa- moters, or for money expended by them in the

the fulfillment of contracts between its pro-
u, within the meaning of Civil Code, § 362, original purchase of the mine and its develop
oviding the method for making such amend-

ment, unless a contract to be responsible is
ents.--Bowie v. Grand Lodge of Legion of the clearly proved.-Bash v. Culver Gold-Min. Co.,
fest, (Cal.) 34 P. 103.

(Wash.) 34 P. 462.
Tho may question corporate powers.

13. A president of a corporation went to
2. Even though a corporation claiming title one holding a note against it, and, after telling
land may not have had the right to acquire him that he had the money to pay the note,
2d bold the same, the question cannot be and after the creditor had produced the note,
ised by a stranger asserting an unwarranted he told the creditor that he needed the money,
aim of ownership. Per Harwood, J.-Butte and he would give his stock in the corporation
ardware Co. v. Schwab, (Mont.) 34 P. 24.

as security if he could keep it. The creditor

decided that he did not want the stock, but
orporations de facto.

said that it could stand as it was, and the
3. The mere fact that the owners of a president could pay it to him in a few months.
ine use a corporate name does not make a The president used the money for his own pur-
rporation de facto, where no corporate act is poses. Held, that the indebtedness of the cor-
-rfornied, and no steps have been taken to poration was thereby liquidated, so that an un-
corporate. Bash v. Culver Gold-Min. Co., authorized note, given in renewal, was without
Vash.) 34 P. 462.

consideration, and the corporation was not es-

topped to deny its validity.-Edwards v. Carson
orporate existence.

Water Co., (Nev.) 34 P. 381.
4. Proof of a defendant's incorporation is

14. Where the power to authorize the exe-
anecessary where it has appeared to a suit, / cution of notes for a corporation rests in the
nd therefore the admission of parol evidence board of trustees, a note executed by the presi-

its incorporation, though incompetent, is dent and secretary without a resolution of the
irmless error.-A. Gauthier Decorating Co. v. board is not authorized, though they constitute
lam, (Colo. App.) 34 P. 484.
5. Under Code Proc. $ 194, subd. 1, which Water Co., (Nev.) 34 P. 381.

a majority of the board. Edwards v. Carson
quires the auswer to contain a general or spe 15. A railroad company employing an attor.
fic denial of each material allegation of the ney to perform services connected with the
implaint controverted by defendant, such des construction of a connecting line, which it con-
ials put plaintiff to his proof as to every alle, templates operating as an extension of its road,
ation material to his cause of action; and is liable for his services, and cannot defeat an
ence a general denial in an answer is sufficient action for the value thereof on the ground that
, require plaintiff to prove its corporate char- its general officers had no power to bind the
cter alleged in the complaint.-Town of Der- corporation for such services.-St. Louis & S.
er v. City of Spokane Falls, (Wash.) 34 P. F. R. Co. v. Kirkpatrick, (Kan.) 34 P. 400.

16. So long as a corporation is a "going cor-
Estoppel to deny.

poration," engaged in the conduct of the busi.
6. The fact that the owners of a mine used ness for which it was organized, and not known
ne name C. Gold-Mining Co, before any legal or believed to be insolvent by its officers and
teps were taken by them to form a corpora- ! managers, with assets exceeding its liabilities
z on does not estop the corporation, when legal- | by many thousand dollars, it is not in such a
i organized, from denying its prior existence. state of insolvency as will preclude its execut-
-Bash v. Culver Gold-Min. Co., (Wash.) 34 P. ing a mortgage on its property in good faith to

secure a debt of the corporation, though its
7. The maker of a note is estopped from directors are security for the debt.-Sabin v. Co-
enying that the payee is or was a corporation, lumbia River Lumber & Fuel Co., (Or.) 34 P.
y his having dealt with it as such, and re-

eived the consideration of the note.--Bank of

With officers and stockholders-
shasta v. Boyd, (Cal.) 34 P. 337.


17. A corporation authorized its president
8. In an action on a note purporting to to execute a mortgage to secure a loan, at a
have been made by defendant corporation, rate of interest and for a length of time speci.

vhere it appears that all the business of defied. The mortgage executed by him was for
mendant, including the making of numerous a shorter period than authorized, and provided

imilar notes, had for a long time been trans- that the interest should be paid monthly, that
icted by its president and secretary, who exe- a failure to pay interest when due rendered the
uted the note, and that their actions had al. principal due, and that the mortgagees should
vays been informally ratified by paying the recover attorney's fees in case of foreclosure.
hotes, and otherwise, defendant is estopped to These conditions were not authorized, but the
leny the authority of such officers to execute company accepted the money and used it for
he note.-Duggan v. Pacific Boom Co., (Wash.) the purposes intended, and paid the interest on
4 F. 157.

the mortgage monthly for four months. Held
8. Where a creditor of a corporation per- that, in an action to foreclose the mortgage for
nits the president to retain for his own use default in interest, the corporation and its as-
all he money he has brought with which to pay signee were estopped from denying the author-

ff the note, the note being allowed to stand, ity of the president to execute it.-Gribble v.
he president, in giving a note of the corpora- Columbus Brewing Co., (Cal.) 34 P. 527.
ion in renewal, acts for himself, and not for 18. Where the power to authorize the exe
he corporation.-Edwards v. Carson Water Co., cution of notes for a corporation rests in the

board of trustees, the trustees cannot be heid
10. The grantee of grantees of a corpora to have ratified the act of the president and
cion, in a suit by the latter to quiet title, can secretary, who had executed a note for the
,2ot claim that it had no power to acquire and corporation, by reason of the knowledge of a
hold land,

as any title he may have is derived majority thereof, acquired while acting as pres-
from it. Fer De Witt, J.-Butte Hardware Co. ident and secretary.- Edwards v. Carson Water
7. Schwab, (Mont.) 34 P. 24.

Co., (Nev.) 34 P. 381.
11. A corporation which names one as man 19. The fact that the secretary made out
ager, and allows him as such to largely controll a statement of the debts of the corporation in


gross was not sufficient to give the stockhold- | Members and stockholders.
ers notice that an unauthorized note was in-
cluded therein, so that by their inaction they stock for nonpayment of assessments, ed

26. Where a corporation sold some of
should be held to have ratified it, or to be the same in, in which the
estopped to deny its validity. -Edwards v. Car. quiesced, it cannot on its own motion :
son Water Co., (Nev.) 34 P. 381.

sale as invalid, and reinstate the stock der

so as to render him liable for the assessin-

20. In an action to foreclose a mortgage (Colo. App.) 34 P. 769.

v. Brown & Campion Ditch Cing
made for a corporation by its president with-
out authority, where the complaint states facts

Liability for corporate debts.
showing ratification of the president's act, 27. The liability of corporate stockholdes to
and the answer simply denies the “due execu- the creditors of the corporation is several, a
tion" of the mortgage for want of authority, not joint, and, when proceeded againsi by sa
but does not deny the facts stated, showing a tion, each must be sued separately. Alber.
ratification, plaintiffs are entitled to judgment Dry Goods Co., 24 P. 426, 44 Kan. 415,
without proof of authority.-Gribble v. Colum- lowed.-Howell v. First Nat. Bank, (Kan.3
bus Brewing Co., (Cal.) 34 P. 527.

P. 395.

Corpus Delicti.
21. A resolution by the board of directors See “Burglary,” 2.
"that the president and secretary are hereby
ordered to commence suit for the collection of
assessment" on stock sufficiently shows a waiv.

er of further proceedings under the chapter for Right to costs.
the collection of delinquent assessments.-San
Gabriel Valley Land & Water Co. v. Dennis, the recovery of goods, he is entitled to os

1. Where plaintiff recorers in an action for
(Cal.) 34 P. 441.

though the goods were converted, and the pro
Actions on subscription.

ceeds deposited with the officer of the cor-
22. Code 1881, § 2421, as amended by Acts Mansfield v. First Nat. Bank, (Wash.) 34 P.
1886, p. 84, declaring corporations, and the

members thereof, liable to all the conditions and

2. A habeas corpus proceeding by & mots-
liabilities wherein imposed and to none others,"

er against a father to obtain possession &
and providing (section 2430) for the forfeiture their child is a “special proceeding in the bar
and sale of stock for unpaid subscriptions, does ture of an action," within the meaning of Code
not relieve stockholders from liability to be sued Civil Proc. $ 495, providing that costs stal be
by the corporation on their subscription, and allowed in such proceedings to plaintiff oci
limit the remedy against them to forfeiture and judgment in his favor.-State . Newell, (Mooli
1. Ouillette, (Wash.) 34 P. 929; Same v. El- trial because of the repeal of the statute urta
sale of their stock. --Puget Sound & C. R. Co. 34 P. 28.

3. Where an action is disrnissed before
well, Id.
23. When the trustees of a corporation, su-

which it was brought, defendant is not ensiu-
ing on a subscription to its capital stock, show 10. costs though Code Proc. $ 827, prorids

that, "in all cases where costs and disor
that they have taken steps which the law au.
they have taken them regularly; and, if there his favor for the same."--Thurston County .
thorized them to take, the presumption is that ments are not allowed to the plaintif, tbe de
is any by-law which renders their action irreg- Scammel, (Wash.) 34 P. 470; Same s. Beebe,
ular, it is matter of defense, and should be so

pleaded.-Puget Sound & C. R. Co. v. Quillette,
(Wash.) 34 P. 929; Same v. Elwell, Id.

Who liable.

4. No costs are taxable against the state in

an action which it has permitted to be brucat
24. Code 1881, § 2429, provides that a trans against itself to enable plaintiff to quiet te
fer of corporate stock shall not be valid, ex- to certain land, but when it appeals from a de
cept between parties, until the same is record-cision in plaintiff's favor, and thereby pats
ed in the books of the corporation. Section self in the wrong, the costs of appeal are 131
2432 provides that “any stockholder may pledge able against it.-Romine v. State, (Wash.) 34
his stock by a delivery of the certificate, * * * P. 024.
but may, nevertheless, represent the same at Petitioner for writ of habeas cor-
all meetings, and vote as a stockholder." The
chapter further provides that the books contain pus.
ing the record of shareholders shall be open for

5. Costs may be properly taxed against
the inspection of any of the “stockholders or one invoking the writ of habeas corpus withost
creditors of such corporation.” Held, that the meritorious cause. --State v. Reynolds, (Wool
title of the pledgee of stock is superior to that 34 P. 613.
of the purchaser on execution against the pledg. Taxation of costs.
ing stockholder, though the transfer to the
pledgee is not recorded.
--Port Townsend Nat. tiff waived a jury, and defendant stated abst.

6. When the case was set for trial, ple's
Bank v. Port Townsend Gas & Fuel Co., while he did not demand a jury, he did not es
(Wash.) 34 P. 155.

pressly waive it. On the day set for trial a
Purchase by corporation of its own jury was in attendance, and the parties ter

announced that they had agreed to try the
stock-Conditions of rescission.

case without a jury. Plaintiff did not par
25. In an action by a corporation against a become liable for any jury fees. Heid, that he
former stockholder to recover money paid him could not recover the jurors' attendance is
by its president for his stock on an ultra vires as costs.-Freshour v. Hihn, (Cal.) 34 P. S.
purchase thereof for plaintiff, the latter is not î. Code Civil Proc. $ 509, provides ttat it
axcused from tendering a return of the stock any party shall include in his verified pa
on the ground that its purchase of its own orandum of costs and disbursements Bere
stock extinguished it, since the stock was not sarily incurred any item to which he is not
actually extinguished, the only effect of the entitled, and his adversary shall prevailib
purchase being to lessen the amount of sub-a motion to retax. "there shall be tared as a
scribed capital stock, leaving plaintiff free to part of the cost of such motion, a docket fre
issue the same number of shares to new sub- of twenty five dollars." Hed mandators in
scribers, and therefore it could have issued a favor of the party moving to_retax, and in
new certificate to defendant.-Bank of San Luis within the court's discretion.-First Nat Bank
Obispo v. Wickersham, (Cal.) 34 P. 444. v. Neill, (Mont.) 34 P. 180.


*)sts of appeal.

express trust.--McClure v. Board Com’rs La
8. Where, on appeal, a decree for plaintiff Plata County, (Colo. Sup.) 34 P. 763.
modified in amount, and defendants have not

3. Const. art. 11, 85, empowers the legis-
tempted below to have it equitably modified, lature to provide for the election in all coun-
r offered to do equity, but have sought in ties of district officers, and to prescribe their
th courts to defeat plaintiff's whole claim, terms of office. Section 6 provides that the
ey will not be allowed costs of appeal.-Lang board of county commissioners shall fill all
Cadwell, (Mont.) 34 P. 957.

vacancies in any road district office by ap-
i criminal cases.

pointment. Code, vol. 1, § 1937, provides that

such boards shall divide such counties into suit-
9. Mills' Ann. St. 8 699, providing that able road districts, and may change the boun-
sts in criminal cases shall be paid by the daries thereof not oftener than once a year.
unty when the defendant shall be convicted Section 1938 provides for elections in the sev-
id shall be unable to pay them, and when de- eral counties of an elector of each road district
ndant is acquitted, "unless the prosecuting as road overseer, to hold office for two years, or
itness be adjudged to pay them,” refers only until his successors are elected and qualified.
the costs of the prosecution, and not to

Section 342 provides that every office shall be-
Cose of defendant. - Board Com’rs Fremont come vacant' on the incumbent's ceasing to be
ounty v. Wilson, (Colo. App.) 34 P. 265.

an inhabitant of the district for which he was
10. Act March 14. 1889, (16 Sess. Laws, p. elected, or within which the duties of his office
17,1 $$ 8, 9, provided that the county attorney

are to be discharged. Held that, where a per-
could be compensated by a salary and certain

son had been elected road overseer of a cer-
es, the total not to exceed $3,000. Act
farch 6. 1891, (2 Sess. Laws, p. 235,) § 1, 1tain district, the commissioners could not create

"ovides that the fees of all county officers a vacancy in the office of road overseer in such
named therein shall be turned into the county

district by so changing its boundaries as to
'easury, but the county attorney is not named leave out that part in which such person re-
s one of such officers. Section 3 provides that sided, and adding it to another district.-State
le “officers named in section 1 of this act v. Nelson, (Wash.) 34 P. 562.
all be allowed to receive as annual compen- County board-Meetings.
as follows;" and the list gir-

4. The acts of a board of county commis.
a includes the county attorney and his salary. sioners between its regular meetings are void

eld, that the fees of the county attorney tax- where its records show that the preceding reg.
**ble under Act 1889 cannot be taxed against

ular meeting was adjourned sine die, and fail
defendant convicted in a criminal case for
ne purpose of being collected and turned into Gen. St. § 1945, for calling special meetings.-

to show a compliance with the provisions of
he county treasury, - State Middleton,

State v. Board Com’rs Washoe County, (Nev.)
"Vont.) 34 P. 184.

34 P. 1057.
11. Act March 6, 1891, (2 State Sess. Laws,
- 35. 08.) requiring the clerk of the supreme court Duty to furnish space for law library.

collect "in advance" from the appellant a 5. The setting apart by the county board
rocket fee of $10 on filing the transcript, ap- of supervisors of a few feet, for shelf room

lies to criminal cases appealed by the state. – for a law library, in a large room occupied by
citate v. Northrup, (Mont.) 34 P. 608.

the principal county officers, and by the board
of supervisors when in session, where access

to the books is obstructed, and rendered great-

ly inconvenient, by furniture and other articles
lee "Attorney and Client."

occupying the room, and where the books can-

not be consulted or used with reasonable con-
Arguments of, see “Criminal Law," 22–24; venience, is not providing such a library room
L' "Trial,” 8, 9.

for the use of the law library as is contem-

plated by Act March 31, 1891, providing for

the establishment of law libraries in the dif-

ferent counties of the state.-Board of Law Li-
see, also, “Highways;" “Irrigation;" "Schools brary Trustees v. Board Sup'rs Orange County,
and School Districts."

(Cal.) 34 P. 244.
Delegation of power to tribunal transacting Statutes applicable at option of county
county business, see “Constitutional Law," 4.
Discretion of district attorney, see

-Effect of acceptance.

mus," 6.

6. After the board of supervisors of a
Inforcing lien against courthouse, see “Me county has voted that Act March 31, 1891, es-
chanics' Liens," 6.

tablishing law libraries, shall be applicable to
Imposition of license tax, see “License."

such county, it cannot evade the force and ef-

fect of the statute by repealing the adopting

ordinance, since the county, after once coming
1. Under Const. art. 11, § 5, declaring that within the provisions of the act, is there for
-the legislature, by general and uniform laws, all purposes, as fully and completely as if it
shall provide for the election or appointment in had passed directly under the provision of the
the counties of supervisors, sheriffs, clerks, and act at the date of its enactment.-Board of
such other county and municipal officers as pub County, (Cal.) 34 P. 244.

Law Library Trustees v. Board Sup'rs Orange
lic convenience may require, and shall prescribe
their duties and fix their terms of office, a coun- Contracts.
ty cannot create the office of license tax col 7. Under Gen. St, 3136, which requires
lector, and make appointments therefor. – El the county auditor, at the county's expense, to
Dorado County v. Meiss, (Cal.) 34 P. 716. procure a full set of weights and measures for

2. A county treasurer, whose bond is con his county, it is not necessary that the county
ditioned that he shall faithfully perform the commissioners authorize the purchase by the
duties of his office, pay, according to law, all county auditor, or subsequently ratify it, to
moneys which shall come into his hands as make it binding on the county. - George D.
treasurer, render true account thereof whener. Barnard & Co. v. Wahkiakum County, (Wash.)
er required by the commissioners or by law, 34 P. 920.
and deliver to his successor, or any person au 8. Act March 14, 1883, (County Govern-
thorized by law to receive them, all moneys, ment Act.) authorizes the county board of
books, papers, etc., of his office, and whose stat supervisors to issue bonds, and provides that
utory duty it is to receive all moneys belonging the bonds shall be delivered to the county treas-
to the county, and pay them out only on the urer, by whom they shall be sold to the highest
orders of the board, except where otherwise bidder. Section 25 further authorizes the
specially provided by law, is a trustee of an board to do "all other acts and things

which may be necessary to the full discharge | Term-Time.
of the duties of the legislative authority of the 2. In the absence of a statute preserva
county government.” Held, that the board did the term in such a case, the nonattendance
not have authority, under section 25, to em- the judge on the day fixed by law for opening
ploy an agent to procure bids to be made for the term results in the lapse and loss torrent
such bonds. - Smith v. Los Angeles County, -In re Terrill, (Kan.) 34 P. 457; In re do
(Cal.) 34 P. 439.

Claskey, Id. 459.
Claims against.

When judge acts as court.
9. Printers who publish a delinquent tax
list, and fail to transmit to the county treasurer

3. Under the present constitution, when.
the affidavit required by Gen. St. 1889, c. 107, I ever a judge of the superior court is present et
$ 108, cannot recover pay for such publication the place designated for the transactica e
from the county:-Moriarty y:. Board Com’rs act such business, his acts are the acts of the

judicial business, and there assumes to trans
Morris County, (Kan.) 34 P. 781.

“court;" and therefore an order dispersing
Allowance by county board. with an undertaking on an appeal, made ex!
10. Gen. St. 88 521, 523, provide that the signed by a judge of the superior court of de
powers of an organized county shall be exer- of the departments of the court at its coer

Francisco county while holding a session of ce
cised by the county commissioners. Section
538 provides that such board shall have power il Proc. § 946, providing that the court" be

room, is a sufficient compliance with Code Cis.
to examine and allow all accounts chargeable low mayo dispense with an undertaking on 4
against the county. Section 545 provides that peal in certain cases.-Von Schmidt v. Wides,
no account shall be allowed by the board unless (Cal.) 34 P. 109.
it is made out in separate items, and, where no
specified fees are allowed by law, the time ac- Jurisdiction-of appellate courts.
tually given to the service charged in such ac.

4. Const. art. 8. $ 11, which provides that
count shall be specified. Held, that such board the district court "shall have appellate jer
has a reasonable discretion in the administra- diction in all cases arising in justice's and
tion of county affairs and in the allowance offerior courts, in their respective districts. 23
claims for services performed for the county may be provided by law, and consistent with
by a county officer, for which no specified fees this constitution," does not limit the appella 2
are allowed by law.-Board Com’rs Garfield jurisdiction of such court to appeals from jo:
County v. Leonard, (Colo. App.) 34 P. 583. tices and inferior courts only, and probibit the

11. Where one board of commissioners al- legislature from providing for appeal to the
lows and pays duly itemized and verified ac district court by the party aggrieved by the se
counts of a county officer for services in the tion of the state board of medical eremia
line of official duty, for which no specified fees in reroking the license of a physician to
are allowed by law, a subsequent board can- tice medicine and surgery.-State v. Distries
not recover back from such Officer the whole Court of First Judicial District, (Mont.) 34 P.
sum so paid him, on the ground that it was 298.
for overcharges, and paid by mistake, in the 5. Sess. Laws 1891, p. 118, provides the
absence of fraud on his part in obtaining pay- no writ of error from the supreme court sbal
ment.-Board Com’rs Garfield County v. Leon- lie to review the final judgment of an inferior
ard, (Colo. App.) 34 P. 583.

court unless the construction of a provision of

the state or federal constitution is Deters-

ry. Held, that where an inferior court bas
12. A county can maintain an action for a found the determination of a constitutiocal
license tax, though the provision of the ordi- question necessary, the supreme court, 08 :
nance of its supervisors imposing the license of error, has entire jurisdiction, not only
tax, which creates the office of license ta col- the constitutional question raised, but of all
lector, and appointing a person to fill it, is void; matters necessary to a complete determination
since, the amount of the tax being fised and of the case.-Trimble v. People, (Colo. Sup.) 34
declared by the ordinance to be a debt due the P. 981.
county, to be collected by action in the name of 6. Under the act of 1891, creating the
the county, its general power to sue is not af- court of appeals, and depriving the supreme
fected by the provision that the action shall be court of jurisdiction of writs of error and 1
by direction of the license tax collector. - El peals, unless the judgment exceeds $2.510, ar
Dorado County v. Meiss, (Cal.) 34 P. 716. the matter relates to a franchise or frebold.

or requires a construction of the federal ar

state constitution, error does not lie to a dis

trict court's judgment of dismissal in an

tion for usurpation of a public office.- People
See, also, “Judge;" "Justices of the Peace." v. Carver, (Colo. Sup.) 34 P. 576.
Adjournment by clerk, see "Clerk of Court."
Admiralty jurisdiction of state courts, see "Ad-

Courts of probate.

7. A county court, having by statute to
Compelling courts to entertain appeal, see "Man- control of the estates of decedents and the
damus," 3, 4.

persons administering them, and also baring.
Control of executive department, see “Consti- as to matters within its jurisdiction, the 20 F*
tutional Law," 6.

ers of a court of equity, may order an adrid-
Trial by court without jury, see “Trial," 22–25. istrator, who is wasting the assets of the es

tate, to turn over the funds in his hands, t.
Submission of questions by governor his affairs can be investigated, or until he can
and legislature.

be removed, and his successor appointed.-P.
1. Under the constitutional provision re- ple v: County Court of Arapahoe County, Cola
quiring the supreme court to answer questions

App.) 34 P. 166.
propounded by the legislature and governor, Offenses against United States—By what
a question as to the priority of appropriations
where their aggregate exceeds the constitution-

law governed.
al limitation, involving claims of private par 8. On the trial in a territorial court of 1.3
ties against the state, should not be answered, offense against the laws of the United States,
as this would be a mere ex parte adjudication, the question whether such offense is a feloay or
in violation of Const. art. 2. § 25, providing misdemeanor is to be determined by reference
that no one shall

be deprived of property with| 10 the laws of the United States, and not
out due process of law.-In re Priority of Leg- of the territory. United States v. Visil N.
islative Appropriations, (Colo. Sup.) 31 P. 277. M.) 34 P. 530.

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