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
should be held to have ratified it, or to be
estopped to deny its validity.-Edwards v. Car-
son Water Co., (Nev.) 34 P. 381.

Actions.

20. In an action to foreclose a mortgage
made for a corporation by its president with-
out authority, where the complaint states facts
showing ratification of the president's act,
and the answer simply denies the "due execu-
tion" of the mortgage for want of authority.
but does not deny the facts stated, showing a
ratification, plaintiffs are entitled to judgment
without proof of authority.-Gribble v. Colum-
bus Brewing Co., (Cal.) 34 P. 527.

Stock.

26. Where a corporation sold some of
stock for nonpayment of assessments, and h
the same in, in which the stockholder
quiesced, it cannot on its own motion treat the
sale as invalid, and reinstate the stockholder.
so as to render him liable for the assessment-
Patterson v. Brown & Campion Ditch Co.,
(Colo. App.) 34 P. 769.

Liability for corporate debts.

27. The liability of corporate stockholders to
the creditors of the corporation is several, and
not joint, and, when proceeded against by se
tion, each must be sued separately. Abbey 1.
Dry Goods Co., 24 P. 426, 44 Kan. 415, for
lowed.-Howell v. First Nat. Bank, (Kan 34
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
the collection of delinquent assessments.-San
Gabriel Valley Land & Water Co. v. Dennis,
(Cal.) 34 P. 441.

Actions on subscription.

22. Code 1881, § 2421, as amended by Acts
1886, p. 84, declaring corporations, and the
members thereof, liable to all the conditions and
liabilities "herein imposed and to none others,"
and providing (section 2430) for the forfeiture
and sale of stock for unpaid subscriptions, does
not relieve stockholders from liability to be sued
by the corporation on their subscription, and
limit the remedy against them to forfeiture and
sale of their stock.-Puget Sound & C. R. Co.
v. Ouillette, (Wash.) 34 P. 929; Same v. El-

well. Id.

23. When the trustees of a corporation, su-
ing on a subscription to its capital stock, show
that they have taken steps which the law au
thorized them to take, the presumption is that
they have taken them regularly; and, if there
is any by-law which renders their action irreg-
ular, it is matter of defense, and should be so
pleaded.-Puget Sound & C. R. Co. v. Ouillette,
(Wash.) 34 P. 929; Same v. Elwell, Id.

Transfer.

The

Right to costs.

COSTS.

the recovery of goods, he is entitled to es
1. Where plaintiff recovers in an action for
though the goods were converted, and the pr
ceeds deposited with the officer of the court-
Mansfield v. First Nat. Bank, (Wash.) 34 P.

143.

2. A habeas corpus proceeding by a moth-
er against a father to obtain possession of
their child is a "special proceeding in the na
ture of an action," within the meaning of Code
Civil Proc. § 495, providing that costs shal be
allowed in such proceedings to plaintiff or a
judgment in his favor.-State v. Newell, (Mont
34 P. 28.

trial because of the repeal of the statute under
3. Where an action is dismissed before
which it was brought, defendant is not entitled
to costs, though Code Proc. § 827, provides
that, "in all cases where costs and disburse
fendant shall be entitled to have judgment in
ments are not allowed to the plaintiff, the de
his favor for the same."-Thurston County t
Scammel, (Wash.) 34 P. 470; Same v. Beebe,

Id.

Who liable.

Petitioner for writ of habeas cor-

4. No costs are taxable against the state in
an action which it has permitted to be brought
24. Code 1881, § 2429, provides that a trans- against itself to enable plaintiff to quiet tie
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 puts -
ed in the books of the corporation. Section self in the wrong, the costs of appeal are tax
2432 provides that "any stockholder may pledgeable against it.-Romine v. State, (Wash.) 34
his stock by a delivery of the certificate,
P. 924.
but may, nevertheless, represent the same at
all meetings, and vote as a stockholder."
chapter further provides that the books contain-
ing the record of shareholders shall be open for
the inspection of any of the "stockholders or
creditors of such corporation." Held, that the
title of the pledgee of stock is superior to that
of the purchaser on execution against the pledg-
ing stockholder, though the transfer to the
pledgee is not recorded.-Port Townsend Nat.
Bank v. Port Townsend Gas & Fuel Co.,
(Wash.) 34 P. 155.

Purchase by corporation of its own
stock-Conditions of rescission.

25. In an action by a corporation against a
former stockholder to recover money paid him
by its president for his stock on an ultra vires
purchase thereof for plaintiff, the latter is not
excused from tendering a return of the stock
on the ground that its purchase of its own
stock extinguished it, since the stock was not
actually extinguished, the only effect of the
purchase being to lessen the amount of sub-
scribed capital stock, leaving plaintiff free to
issue the same number of shares to new sub-
scribers, and therefore it could have issued a
new certificate to defendant.-Bank of San Luis
Obispo v. Wickersham, (Cal.) 34 P. 444.

pus.

5. Costs may be properly taxed against
one invoking the writ of habeas corpus without
meritorious cause.-State v. Reynolds, (Mont)
34 P. 613.
Taxation of costs.

6. When the case was set for trial, plain
tiff waived a jury, and defendant stated that
while he did not demand a jury, he did not er
pressly waive it. On the day set for trial a
announced that they had agreed to try the
jury was in attendance, and the parties thes
case without a jury. Plaintiff did not pay of
become liable for any jury fees. Held, that be
could not recover the jurors' attendance fees
as costs.-Freshour v. Hihn, (Cal.) 34 P. ST.

7. Code Civil Proc. § 509, provides that if
any party shall include in his verified
orandum of costs and disbursements neves
sarily incurred any item to which he is not
entitled, and his adversary shall prevail with
a motion to retax, "there shall be taxed as a
part of the cost of such motion, a docket fee
of twenty five dollars." Held mandatory in
favor of the party moving to retax, and t
within the court's discretion.-First Nat, Bank
v. Neill, (Mont.) 34 P. 180.

!

9. Mills' Ann. St. § 699, providing that
s in criminal cases shall be paid by the
nty when the defendant shall be convicted
shall be unable to pay them, and when de-
lant is acquitted, "unless the prosecuting
ness be adjudged to pay them," refers only
the costs of the prosecution, and not to
se of defendant. Board Com'rs Fremont
inty v. Wilson, (Colo. App.) 34 P. 265.

10. Act March 14, 1889, (16 Sess. Laws, p.
.) $$ 8, 9, provided that the county attorney
uld be compensated by a salary and certain
s. the total not to exceed $3,000. Act
rch 6. 1891, (2 Sess. Laws, p. 235,) § 1,
vides that the fees of all county officers
ned therein shall be turned into the county
asury, but the county attorney is not named
one of such officers. Section 3 provides that
"officers named in section 1 of this act
ll be allowed to receive as annual compen-
* * as follows:" and the list giv-
includes the county attorney and his salary.
'd, that the fees of the county attorney tax-
e under Act 1889 cannot be taxed against
defendant convicted in a criminal case for

ion

*

purpose of being collected and turned into
county treasury. - State v. Middleton,
ont.) 34 P. 184.

11. Act March 6, 1891, (2 State Sess. Laws,
3.) requiring the clerk of the supreme court
collect "in advance" from the appellant a
cket fee of $10 on filing the transcript, ap-
es to criminal cases appealed by the state.-
ate v. Northrup, (Mont.) 34 P. 608.

Counsel.

e "Attorney and Client."

express trust.-McClure v. Board Com'rs La
Plata County, (Colo. Sup.) 34 P. 763.

3. Const. art. 11, § 5, empowers the legis-
lature to provide for the election in all coun-
ties of district officers, and to prescribe their
terms of office. Section 6 provides that the
board of county commissioners shall fill all
vacancies in any road district office by ap-
pointment. Code, vol. 1, § 1937, provides that
such boards shall divide such counties into suit-
able road districts, and may change the boun-
daries thereof not oftener than once a year.
Section 1938 provides for elections in the sev-
eral counties of an elector of each road district
as road overseer, to hold office for two years, or
until his successors are elected and qualified.
Section 342 provides that every office shall be-
come vacant on the incumbent's ceasing to be
an inhabitant of the district for which he was
elected, or within which the duties of his office
are to be discharged. Held that, where a per-
son had been elected road overseer of a cer-

tain district, the commissioners could not create
a vacancy in the office of road overseer in such
district by so changing its boundaries as to
leave out that part in which such person re-
sided, and adding it to another district.-State
v. Nelson, (Wash.) 34 P. 562.
County board-Meetings.

4. The acts of a board of county commis
sioners between its regular meetings are void
where its records show that the preceding reg-
ular meeting was adjourned sine die, and fail
to show a compliance with the provisions of
Gen. St. § 1945, for calling special meetings.-
State v. Board Com'rs Washoe County, (Nev.)

34 P. 1057.

Duty to furnish space for law library.

5. The setting apart by the county board
of supervisors of a few feet, for shelf room
for a law library, in a large room occupied by
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
occupying the room, and where the books can-
not be consulted or used with reasonable con-

guments of, see "Criminal Law," 22-24; venience, is not providing such a library room
'Trial," 8, 9.

COUNTIES.

e, also, "Highways;" "Irrigation;" "Schools
and School Districts."

elegation of power to tribunal transacting
county business, see "Constitutional Law," 4.
scretion of district attorney, see "Manda-
mus," 6.

forcing lien against courthouse, see "Me
hanics' Liens," 6.

position of license tax, see "License."

ficers.

1. Under Const. art. 11, § 5, declaring that
e legislature, by general and uniform laws,
all provide for the election or appointment in
e counties of supervisors, sheriffs, clerks, and
ch other county and municipal officers as pub-
convenience may require, and shall prescribe
eir duties and fix their terms of office, a coun-
cannot create the office of license tax col-
etor, and make appointments therefor.- El
orado County v. Meiss, (Cal.) 34 P. 716.

2. A county treasurer, whose bond is con-
tioned that he shall faithfully perform the
ties of his office, pay, according to law, all
oneys which shall come into his hands as
easurer, render true account thereof whenev-
required by the commissioners or by law,
d deliver to his successor, or any person au-
orized by law to receive them, all moneys,
boks, papers, etc., of his office, and whose stat-
ory duty it is to receive all moneys belonging
the county, and pay them out only on the
ders of the board, except where otherwise
ecially provided by law, is a trustee of an

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-
brary Trustees v. Board Sup'rs Orange County,
(Cal.) 34 P. 244.

Statutes applicable at option of county
-Effect of acceptance.

6. After the board of supervisors of a
county has voted that Act March 31, 1891, es-
tablishing law libraries, shall be applicable to
such county, it cannot evade the force and ef-
fect of the statute by repealing the adopting
ordinance, since the county, after once coming
within the provisions of the act, is there for
had passed directly under the provision of the
all purposes, as fully and completely as if it

act at the date of its enactment.-Board of

Law Library Trustees v. Board Sup'rs Orange
County, (Cal.) 34 P. 244.
Contracts.

7. Under Gen. St. § 3136, which requires
the county auditor, at the county's expense, to
procure a full set of weights and measures for
his county, it is not necessary that the county
commissioners authorize the purchase by the
county auditor, or subsequently ratify it, to
make it binding on the county. - George D.
Barnard & Co. v. Wahkiakum Čounty, (Wash.)
34 P. 920.

8. Act March 14, 1883, (County Govern-
ment Act,) authorizes the county board of
supervisors to issue bonds, and provides that
the bonds shall be delivered to the county treas-
urer, by whom they shall be sold to the highest
bidder. Section 25 further authorizes the
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
county government." Held, that the board did
not have authority, under section 25, to em-
ploy an agent to procure_bids to be made for
such bonds. Smith v. Los Angeles County,
(Cal.) 34 P. 439.

Claims against.

9. Printers who publish a delinquent tax
list, and fail to transmit to the county treasurer
the affidavit required by Gen. St. 1889, c. 107,
$108, cannot recover pay for such publication
from the county.-Moriarty v. Board Com'rs
Morris County, (Kan.) 34 P. 781.

Allowance by county board.
10. Gen. St. 88 521, 523, provide that the
powers of an organized county shall be exer-
cised by the county commissioners. Section
538 provides that such board shall have power
to examine and allow all accounts chargeable
against the county. Section 545 provides that
no account shall be allowed by the board unless
it is made out in separate items, and, where no
specified fees are allowed by law, the time ac-
tually given to the service charged in such ac-
count shall be specified. Held, that such board
has a reasonable discretion in the administra-
tion of county affairs and in the allowance of
claims for services performed for the county
by a county officer, for which no specified fees
are allowed by law.-Board Com'rs Garfield
County v. Leonard, (Colo. App.) 34 P. 583.

11. Where one board of commissioners al-
lows and pays duly itemized and verified ac
counts of a county officer for services in the
line of official duty, for which no specified fees
are allowed by law, a subsequent board can-
not recover back from such officer the whole
sum so paid him, on the ground that it was
for overcharges, and paid by mistake, in the
absence of fraud on his part in obtaining pay-
ment.-Board Com'rs Garfield County v. Leon-
ard, (Colo. App.) 34 P. 583.

Actions.

12. A county can maintain an action for a
license tax, though the provision of the ordi-
nance of its supervisors imposing the license
tax, which creates the office of license tax col-
lector, and appointing a person to fill it, is void;
since, the amount of the tax being fixed and
declared by the ordinance to be a debt due the
county, to be collected by action in the name of
the county, its general power to sue is not af-
fected by the provision that the action shall be
by direction of the license tax collector. El
Dorado County v. Meiss, (Cal.) 34 P. 716.

COURTS.

See, also, "Judge:" "Justices of the Peace."
Adjournment by clerk, see "Clerk of Court."
Admiralty jurisdiction of state courts, see "Ad-
miralty.'

Compelling courts to entertain appeal, see "Man-
damus," 3, 4.

Control of executive department, see "Consti-
tutional Law," 6.

Trial by court without jury, see "Trial," 22-25.

Submission of questions by governor
and legislature.

2. In the absence of a statute preserving
the term in such a case, the nonattendance f
the judge on the day fixed by law for opening
the term results in the lapse and loss therest.
In re Terrill, (Kan.) 34 P. 457; In re Me
Claskey, Id. 459.

When judge acts as court.

3. Under the present constitution, when-
ever a judge of the superior court is present at
the place designated for the transaction of
act such business, his acts are the acts of the
judicial business, and there assumes to trans
"court;" and therefore an order dispensing
with an undertaking on an appeal, made a
signed by a judge of the superior court of Saz
of the departments of the court at its cont
Francisco county while holding a session of oce
il Proc. § 946, providing that the "court" be
room, is a sufficient compliance with Code Cir-
low may dispense with an undertaking on ap-
peal in certain cases.-Von Schmidt v. Widber.
(Cal.) 34 P. 109.

Jurisdiction-Of appellate courts.

4. Const. art. 8. § 11, which provides that
the district court "shall have appellate jurie
diction in all cases arising in justice's and
ferior courts, in their respective districts, as
may be provided by law, and consistent with
this constitution," does not limit the appellate
jurisdiction of such court to appeals from jus
tices' and inferior courts only, and prohibit the
legislature from providing for appeal to the
district court by the party aggrieved by the se
tion of the state board of medical examines
in revoking the license of a physician to me
tice medicine and surgery.-State v. District
Court of First Judicial District, (Mont.) 34 P.
298.

5. Sess. Laws 1891, p. 118, provides that
no writ of error from the supreme court shall
lie to review the final judgment of an inferior
court unless the construction of a provision of
the state or federal constitution is necess
ry. Held, that where an inferior court has
found the determination of a constitutional
question necessary, the supreme court, on writ
of error, has entire jurisdiction, not only of
the constitutional question raised, but of all
matters necessary to a complete determination
of the case.-Trimble v. People, (Colo. Sup.) 34
P. 981.

6. Under the act of 1891, creating the
court of appeals, and depriving the supreme
court of jurisdiction of writs of error and ap
peals, unless the judgment exceeds $2,500, or
the matter relates to a franchise or freehold.
or requires a construction of the federal or
state constitution, error does not lie to a dis-
trict court's judgment of dismissal in an a
tion for usurpation of a public office.-People
v. Carver, (Colo. Sup.) 34 P. 576.

Courts of probate.

7. A county court, having by statute full
control of the estates of decedents and the
persons administering them, and also having.
as to matters within its jurisdiction, the pow
ers of a court of equity, may order an admin
istrator, who is wasting the assets of the es
tate, to turn over the funds in his hands, till
his affairs can be investigated, or until he can
be removed, and his successor appointed.-P
1. Under the constitutional provision re-ple v. County Court of Arapahoe County, (Cola
App.) 34 P. 166.
quiring the supreme court to answer questions
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-
ties against the state, should not be answered,
as this would be a mere ex parte adjudication,
in violation of Const. art. 2, § 25, providing
that no one shall be deprived of property with-
out due process of law. In re Priority of Leg-
islative Appropriations, (Colo. Sup.) 34 P. 277.

8. On the trial in a territorial court of an
offense against the laws of the United States.
the question whether such offense is a felony or
misdemeanor is to be determined by reference
to the laws of the United States, and not those
of the territory.-United States v. Vigil (N.
M.) 34 P. 530.

States caprice of the jury, has been convicted of a
lower grade, or even acquitted, cannot affect
the question of his guilt or innocence. State v.
Bogue, 34 P. 410, 51 Kan. followed.-State
v. Patterson, (Kan.) 34 P. 784.
Former jeopardy.