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the claim, and the contractor suffered a de- , Illinois Silver Mining & Milling Co. v. Raft,
6. The burden of proving a forfeiture of a
mining claim is upon the person alleging it-
See “Criminal Law," 1-3,
Of parties, see “Parties," 3, 4
Validity of release, see "Release and Dis-
1. In ejectment for a mining claim there Escheat of property, see "Escheat."
see "Homestead,” 3, 4.
Removal of buildings, information, see "Indict.
ment and Information," 8.
1. Where a purchaser of land verbally
advanced for the purchase and for the subse
3. An additional location certificate, filed
2. Under Const. art. 13, § 5, declaring that
money loaned, or on any mortgage, shall be
case of foreclosure, the mortgagee may include
by secured," is void. Harralson v. Barrett,
signees of different notes.
3. Where notes payable at different times,
personally liable, and an execution mar isma 5. In an action to foreclose a mortgage, therefor. Held, that an executiva eBabet inde against the grantees of the mortgagor, it ap for any deficiency on a mortgage cale natin peared that the records showed a satisfaction judgment is entered therefor after the meta of the note described in the mortgage. Com- of the officer.-Russell v. Hank, (Utah) ar plainants produced the note, with payments of 245. interest indorsed thereon after the date of the Redemption-Sale and release of equity
. alleged satisfaction. The mortgagor alleged 14. Defendant in a mortgage foreclose in his answer that the note was paid at the made a compromise agreement with pleiz time satisfaction was recorded, by giving a whereby the latter agreed to accept a pet ? note to be secured on other property, but by the amount claimed if paid within 15 med mistake the new mortgage covered the same the purpose of the parties being stated to be property.
The new mortgage was on record a sale of the mortgaged premises after a ni when the defendants bought the land. Held, sonable time to extinguish the debt as fredly that the land was subject to foreclosure.--Smith the contract, and to save expenses of foreca v. Stark, (Colo. App.) 34 P. 258.
sale. The contract provided that the land by By cotonant-Enforcement against conveyed to trustecs, and be bp their secured ootenant.
in case defendant paid plaintiff witán 2 6. Where a cotenant ucd comortgagor has having the price paid to plaintii: that efte
months; that defendant might sell auf den in conveyed his interest in the land expressly sub- 12 and before 16 months plaintiff miste sa ject to the mortgage, and the other cotenant has the remainder at auction; that a decree ebare been obliged, in protecting his interest, to pay be entered for the full amount claimed, and a and take an assignment of the note and mort ceedings stayed until the expiration of the 1 gage, the latter's payment does not extinguish the mortgage, but he may foreclose it on the months, at the end of which time the trees other's interest.-Lang v. Cadwell, (Mont.) 34 might sell it under the decree, in which are the
should convey the unsold land to plaintif, ca P. 957.
agreement fixing the amount due should y Foreclosure.
void. Defendant conveyed the land to the map 7. A personal judgment on a note secured tees, and then negotiated a sale to H, but di by a valid trust deed is erroneous, since the se fects in the title delayed the closing of the se curity must first be exhausted. Barbieri v.
until after the 16 months during which the Ramelli, 23 P. 1083, 84 Cal. 154, followed.- trustees bad power to convey to a purchase Powell v, Patison, (Cal.) 34 P. 677.
and it was necessary to convey to pleistif:
order to give H. a good title. Plaintiff, ri Attorney's fees.
defendant's consent, conveyed the land to I
9. Code Civil Proc. $ 726, probibiting See "Practice in Civil Cases, " 2.
MUNICIPAL CORPORATIONS the note, and the action as brought to recover See, also, "Counties;” “Irrigation;" the balance.--Blumberg v. Birch, (Cal.) 34 P.
and School Districts." 102.
10. A complaint to recover a deficiency aft- Fixing water rates, see "Mandamus." 5. er foreclosure of a mortgage securing a note, Injunction against passage of ordinare, men which shows the foreclosure and the fact that
*Injunction," 4. a deficiency resulted, states a good cause of Local improvements, assessments for, me "The action, whether it is based on the note, or on
stitutional Law," 24. an indebtedness resulting from the foreclosure due
process of law, see "Constitutional and deficiency.-Blumberg v. Birch, (Cal.) 34 P. Law," 18. 102.
-power to assess property of state fer, per Personal judgment for deficiency. Special laws, see "Constitutional La77" 7, 8
“States and State Officers," 8. 11. Where, in an action to foreclose a mort- Territorial cities, limitation of indebtednes, see gage, the personal liability of one of the de
"Territories." fendants was alleged, it was error to strike out the portion of the decree providing for a Petition for formation of sanitary disdeficiency judgment if the property mortgaged trict. failed to sell for enough to satisfy the debt, though the complaint contained
1. The presentation of a petition to the prayer for such relief.-Russell v. Hank, (Utah) board of county supervisors praying for li 34 P. 245. 12. In an action to foreclose a mortgage, for the formation of such a district
manifestation of the desire of the petiticent in Wisich service is made
by publication only, quired by st. 1891, p. 223, and the police the court has no jurisdiction to enter a per- need not contain an express statement of sonal judgment for a deficiency.-Blumberg v.
a . desire. -Woodward . Fruitrale Sanitary Birch, (Cal.) 34 P. 102.
Dist., (Cal.) 34 P. 239.
2. A petition for the formation of such a 13. 2 Comp. Laws, $ 3460, provides that district signed by 25 residents and freeboldan there shall be but one action for any debt
se of the proposed district
, as required by & cured by mortgage; and, where it appears by 1891, p. 223, is not vitiated by the addition the return of the officer' making a sale under signatures of other persons not possessing the decree that there is a balance still due, a requisite qualifications. - Woodward F. For judgment may be entered against defendant 1 vale Sanitary Dist., (Cal.) 34 P. 239.
onexation of contiguous towns. Ordinances and resolutions.
3. Act April 11, 1893, § 10, relating to the 10. Where all the members of the council
notice not having been entered of record.--Gill
11. The consolidation act of 1856, $ 68, re-
-ubsequent to that at which it was first sub 12. The constitutional requirement that an
by the board "in the manner that other or-
dinances or legislative acts or resolutions are
or's approval of the ordinance necessary to its
validity, as such ordinance is not included
prior street-grading assessment, made under a livery stable in any block in which a school
of Melical Lake y. Smith, (Wash.) 34 P. 835; opposite to a block in which a school building is
situated, without reference to the manner in
which such stable is constructed, kept, or used,
is unreasonable, and cannot be upheld under a
14. Since Gen. St. c. 19, par. 89, authorizes
7. Acts 1891, p. 261, provides that when of the second class, of a person convicted of
Ordinance specifying the amount desired to be commitment.-In re McCort, (Kan.) 34 P. 456.
the electors of such city at a special election. person convicted of violating a city ordinance,
express himself separately as to each, the whole compelled to do such work, for which he shall
done. Held, that there was no obligation to
the submission of amendments by the city 34 P. 456.
that the fact that amendments voted on were Who to fix water rates.
cobs v. Board Sup’rs City and County of San
17. One elected chief of the fire department
ment of the chief of the fire department by the
board of trustees.-Higgins v. Cole, (Cal.) 34 P. / same dimensions as the culrert built by se 678.
city. This drain became obstructed 18. Under an ordinance providing that the it dammed up the water of the creek, , chief of the fire department shall be appointed plaintiff's property, and caused damage annually by the board of trustees, to hold office that the fact that the city permitted the 1 for a year, or until his successor is appointed company to join its drain to that con: and qualified, the trustees may remove him and by the city does not render the city liste appoint a successor within the year.-Higgins v. plaintiff.-City of Kansas City v. Brady, is Cole, (Cal.) 34 P. 678.
34 P. 884. Contracts.
Public improvements. 19. The lighting of streets by electric arc 27. A resolution to pave a street, which lights placed above the intersections of streets fers by number to certain ordinances for is not *street work,” within Mun. Corp. Act, 8 manner in which the work is to be done, i: 777, as amended by St. 1891, p. 54, providing ficient, without reciting the provisions of that in the erection of public buildings, and in ordinance.-Williams v. Bisa gno, (Cal) 34 F all street and sewer work, it shall be done by 610. contract let after notice by publication.-Elec 28. Act March 14, 1889, amepding 4 tric Light & Power Co. v. City of San Ber- March 18, 1885, in relation to improveDes! nardino, (Cal.) 34 P. 819.
streets, provides (section 3) that before e Control of streets.
ing improvements the council shall pass in 20. No lapse of time can give a prescriptive and posted for two days in the manner in
olution of intention, which shall be pabib. right to maintain a ditch across a street in scribed by section 34." The latter sectin my such way as to render it unsafe or inconvenient vides that resolutions required to be puld for public travel, since under Rev. St. $ 3620, shall be published in a newspaper, etc.: puts maintaining such a ditch without a bridge or ed, however, that in case there is no new other safe and convenient way of crossing they shall be posted and kept posted for would be a nuisance, and under section 3030 no lapse of time can give a right to maintain that a resolution which is published Dees
same time as required for publication. B a nuisance.-City of Lewiston v. Booth, (Idaho,) also lie posted.-Gill v. Dunham, (Cal.) 34 P.* 34 P. 809.
29. Though acts which the statute reja Power to extend streets over tide to be performed before making a publica lands.
provenient are conditions precedent to the 21. The right given cities by Act March 24, power to levy a tax on the property of es 1890, “to project or extend” their streets over only a substantial compliance with the state tide lands is merely to continue an existing is required; and the assessment is not fi'is street in the same direction and with the same by want of technicality of expression, or per width.-Seattle & M. Ry. Co. v. State, (Wash.) cision of statement as to the work, which is 34 P. 551.
not affect the essential object in view.-G.
Dunham, (Cal.) 34 P. 68. Liability for torts.
30. Under Acts 1889, p. 159, relating to 22. A city is only liable for acts of its offi- lic improvements, and providing that plans el cers performed in the line of their duties, and specifications shall be furnished to the city coa the fact that a city engineer plans a defective cil, if required by it, by the city engineer, drain, to be constructed by private parties, not specifying the mode of requiring ther, the which caves in, and causes injury, does not im- fact that they were prepared by the egge. pose any liability on the city. --City of Kansas and were on file, and approved by the comin City v. Brady, (Kan.) 34 P. 884.
is sufficient evidence of their authenticity. -6 Defective streets.
v. Dunham, (Cal.) 34 P. 68. 23. A city permitted a lot owner to make a scribed money or gave bond to a city to e
31. The mere fact that individuals rebdangerous cellarway in a sidewalk and street in front of his house, which he subsequently tribute to the expense of laying out a stat covered with a frail trapdoor, that was defect will not vitiate the proceedings, or prove ebe: ive in construction, and around which no safe the land was taken for the accommodation guards were placed. It remained in this con private persons, and not for a public ose as dition for some time, when a pedestrian stepped of Santa Ana v. Harlin. (Cal.) 34 P. 224. upon the trapdoor, which broke down, and pre
Notice. cipitated him into the excavation below. Held, 32. Under Comp. Laws 1888, § 1800, repair that the city could not relieve itself from re- ing that the city council give notice of ico sponsibility because the opening was made and ' tion to levy taxes for public improres. covered by the lot owner, since it was its duty naming the purpose, describing the inpure to supervise the work of covering the cellarway, ment, the district to be affected, and the end and to cause the use of suitable precautions to timated cost, and designating the time for bear prevent accidents. - City of Abilene v. Cow- ing objections, a notice that the council intes perthwait, (Kan.) 34 P. 795.
ito "pave and macadamize
Tweets 24. Where a diligent performance of the Fifth street, from the west line of W. atetea duty of supervision in the construction of a to the west line of V, avenue," which shall be covering over a perilous excavation in a street known as "Paving District No. 2;" that it would bring knowledge to the officers of a city “boundaries of the district are lines runnin of the dangerous chiaracter of the same, a want 150 feet back and parallel with the outer lige of such knowledge is negligence.-City of Abi- of each side of the streets, on each and even lene v. Cowperthwait, (Kan.) 31 P. 795.
block, and for the full length thereof;" the: 25. A petition for injuries from a defective the estimated cost is a certain sum; that love sidewalk, alleging that the walk was negligent. taxes will be levied on the real estate in the Įy constructed, and that defendant city, well district for the benefits; and that it will tak: knowing this, had permitted it to remain in a objections on a certain day at a giren hour.-is defective condition until after the accident, sutlicient.--Armstrong v. Ogden City, (Utah, 84 charges the city with notice of the defect.-P. 53. Lewis v. City of Eskridge, (Kan.) 31 P. 892.
Objections by property owners. Defective drains.
33. Since the statute requiring notice by the 25. A city, in grading an avenue, built an common council of intention to levy taxes for embankment across a creek, and constructed improrements provides that if written ohia a culvert through it for the passage of the tions, signed by one-half the property ore stream. A land company also placed an em- be not filed at or before the time fised farbe bankment on its land adjacent to the avenue, bearing, the city, council shall be deemed sa through which it constructed a drain of the have acquired jurisdiction to order the iupture
ment, a complaint to enjoin a levy of taxes forties in the action of the city council, which do
an improvement, which alleges that objections not affect their jurisdiction.-Wilson v. City of
ers, is not demurrable, since the demurrer ad 41. A resolution to pave and curb a street
der the head of "grading,” that 66 cubic yards
of excavation and 42 cubic yards of embank-
ment would be required. The grading, if taken
and therefore an assessment for the paving and
Enforcement of assessments.
42. In an action by an assignee to enforce
was against a certain lot, but to an unknown
owner, the fact that the assignment, which de
ment was to a certain person as owner, does
43. The lien of an assessment for a public
44. A recital in the record on appeal by de-
time during which the same remained posted,”
sufficiently shows that the law as to posting the
notice was complied with.-Williams v. Bisag-
Remedies for erroneous asso88 -
on September 22, 1887, an ordinance was duly
provement. Subsequently the street was grad-
38. St. 1889, p. 166, provides that a diagram each block separately; and notice was given
time only made a demand on the mayor and
they were guilty of great laches in making