Page images
PDF
EPUB

648 1881, p. 368..

1889, p. 73............... 439 1891, p. 118............

[ocr errors]

519 1893, p. 41.............

239

$73....

[ocr errors]

§ 739...

8 25.....

222

[ocr errors]

268 Ch. 23,893.. 680 Ch. 31, $ 68.

$ 1614...

1089 1880, ch. 85, $ 53. $ 1624.

636, 700 1883, p. 258, $ 777. Amend88 1670, 1671.

622 ed by St. 1891, p. 54. .. 819 188), p. 249............. 8 2910..

672 1883, p. 303, & 25. 88 2987, 2988.

708 1883, ch. 75, $ 25, subd. 27 716 1891, p. 248. 8 3051...

959 1885, p. 148. $ 3. Amended 1891, p. 281.

by St. 1889, p. 158..... 68 1893, p. 172. $ 45. Deate CODE OF CIVIL PROCEDURE.

1887, p. 90. Part 3, tit. 11, ch. 2, art. 3 867 | 1887, p. 207, $ 211.

492

City Charter...... $ 125..

227 1889, p. 70. $8 312-363...

224 1893, p. 455, $ 10... 335 1889, p. 157, § 7, subd. 8.. 71 8 325. 509 | 1889, p. 158.

68 $ 338, subd. 4. 96 1889, p. 159, $34.

IDAHO. 88 338-340.

69 330 1989, p. 166. 8 385..

71 REVISED STATUTES 18. 219

1889, p. 467, 8 44. Los An88 395, 396. 523

$ 3021.. geles City Charter...

510 $ 427, 861 1891, p. 52:

88 3620, 3630.

523 & 438. 672 1891, p. 54.

$ 4109. $ 448. 724 1891, p. 223, $ 3.

819 $$ 4496, 4498, 4878.....146 § 462. 712 1891, p. 296,' $ 8.

707 $ 473. .98, 344, 621 1891, p. 317, § 80. . 1082

KANSAS $ 542. 340 1891, p. 323, § 115.

. 1082 88 632, 633. 712 1891, p. 430...

CIVIL CODE 1868

244 $ 650.

442 $659, subd. 4. 628

275. 88 692, 693..

819
COLORADO.

323.
& 708.
627

422.

COXSTITUTION.
8 726.
102

422a..
629
Art.

277 $ 512a 8 939.

311
Art. 4, $ 6.

982 555... $ 945.

Art.
$ 23.

940 88 638e, 63Sf............... 8 946.

.80, 109
Art. 9, $$ 3, 9, 10.

274 $ 950.

442
Art. 10, $$ 3, 7.

947 CRIMINAL CODE 88 954, 1046.

780
Art. 11, 88 1, 8.

947 $ 275...
$ 1019.
108, 675 Art. 12, $ 1.

982 $ 1074.

438
Art. 13, $ 3.

982 GENERAL STATUTES IN $ 1111.

655
Art. 15, $ 12

947 Ch. 19, par. 89........... $ 1183.

.92, 106, 702 Art. 16, Š 6. $ 1184.

.92, 93, 438 Art. 18, § 4. $8 1193, 1195,

438
CODE OF CIVIL PROCEDURE.

Ch. 31, § 183.
$ 1209..
227

Ch. 107. & 108. $ 1312. 706 88 55, 59, 60..... 260

Par, 2513. 88 1443, 1452.

668
$ 323.

940

Par. 3900......... $ 1465..

.77, 722
CIVIL CODE 1887.

Par. 5516..... $ 1455.

607 $$ 1500, 1502.

219
Ch. 6..

737

SESSION LATE $ 1505.

568

1887, ch. 99, $ 4..... $ 1539.

Ch. 23, $8 266, 267, 269.. 733

805 $ 1881, subd. 4.

1887, ch. 179, $1, 2..... i $ 128. 863

997

1887. ch. 214.

§ 222.
$$ 2095, 2096.
231

728
766

1889, ch. 107, $ 2.......10 PENAL CODE.

1899, ch. 131. $ 1........

, 1 $ 7. subd. 4..

233
Mills' ANNOTATED STATUTES. | 1889, ch. 245, $ 1..........

1899, ch. 255.
$ 532.
826 $ 699.

265 1893, ch. 109.........., $ 967. . 1080 $ 1086.

766 $ 1076.

718 $ 2272.

760, 1111

MONTANA. 1111. 514 § 4271,

680 1140. 630 $ 44.

766

CONSTITCTION $ 1157. 710 $ 4793.

728 Art. 8. $ 3......... 8 1159. 641, 642

Art. 8. 11.... $ 1323.

GENERAL STATUTES 1833. 105

Art. 8, § 21. 1382.

490 Ch. 93, $$ 13, 14. Amended

by Sess. Laws 1885, p. POLITICAL CODE.

CODE OF CIVIL PROCEDIUI.

304; Sess. Laws 1891, p. $8 2731, 2732, 2734. 87 281

$ 181..

.264, 1113
73..
96 $$ 500, 501.

940

$ 296, subd. 2.. 3681.

437 8 521, 523, 538, 545. 88 3770, 3899. 330 $ 1520.

1014 $ 1609.

$ 349. CITY CHARTERS.

734 $$ 1796, 1797.

988

$ 428. Los Angeles, $ 44, St. $ 1938.

482

$495. 1889, p. 467... 510 $ 2072.

.1006

$ 509, $ 2174.

988

$ 536,
SESSION LAWS.
$ 2409.

173

$ 716. 1856. ch. 125, $ 68.. 630 $ 2076.

681

$8 716, et seq., 727. 1809–70, p. 159, $ 9. 519 $ 3190.

OSO

$$ 730, 731, 704, 823-937 1869-70, p. 352.

96 $ 3011..

.168, 251 1871-72, p. 597. 96

COMPILED STATUTES IN 1875-76, p. 621, $ 52. 87

CITY CHARTERS.

Div. 3, $ 302.. 1877-78, p. 740, 11. Denver, $ 45, Sess. Laws

Div. 3, $ 516... Amended by St. 1887, p. 1893, p. 172...

982

Div. 4, 60.............17 90

492 1877-78, p. 745, $$ 18, 19,

Session LAWS.

SESSION LAWS. 21

492 1879, p. 94. 1880, pp. 84, 88, 88 8, 25. . 492 1881, p. 60, 87.

278 1889, p. 139, $ 4..........9 1880, p. 136. .329, 330 1881, p. 164.

175 1889, p. 147. $ 8,9...... 1880, p. 316, § 17. 326 1885, p. 304.

278 1889, p. 175. 1880, ch. 85, $ 23.

651 | 1887, p. 83.

.264, 1113 1891, p. 208.

760 1891, pp. 235, 237, 81, 3. IN

326 Ch. 10.

§ 395.....

583

$ 323.

[ocr errors]

3587......

53 $ 1671.

[ocr errors]

NEVADA.

3541 GENERAL STATUTES.
§ 3669.

816 8 342.
CONSTITUTION.

562
$3673.
.357, 816 Š 518.

428
Art. 11, § 7.....

870
3690.
689 Š 628.

165
8 784.

212
GENERAL STATUTES 1885.

SESSION LAWS.
§ 1397.

831
88 1811, 1813.
316 1893, p. 116, § 9...... 661 $ 1422.

138
1945..
.1057

$ 1454.

161
2724.

250
UTAH.
$$ 1569, 1570.

154
88 1571, 1572.

551
SESSION LAW8.

COMPILED LAWS 1888.
$ 1603.,

931

928
1891, p. 77...
870 $ 1800..

562
88 3013, 3460.

245 | $8 1937, 1938.
§ 2415.

934
NEW MEXICO.

SESSION LAW
§ 2894.

132
§ 3124.

160
COMPILED LAW8 1884.
1890, p. 24, $ 1........

920
$ 1024.

40
38 1520, 1522, 1524, 1529., 586

CITY CHARTERS.

WASHINGTON.
82189.
43

Seattle, Laws 1885–86, p.
88 2903, 2904. .295, 296

CONSTITUTION.
238

163
Art. 1, § 16.

936 Spokane, art. 2, $ 9. 428
SessioN LAWS.
Art. 2, § 25.

165 Spokane, art. 14, 8 225... 428
1886–87, p. 230. Amended Art. 2, § 28.

926

SessioN LAW8.
by Laws 1889, Jan. 5.. 43 | Art. 7, § 2.

563
1886–87, ch. 30, § 10... 295 Art. 8, 8 4.

833 | 1869, p. 318.

144
1889, 88 1, 2, Special Ver Art. 11, 88 5, 6.

562 1883, p. 64.

163
dicts
43 | Art. 11, § 10.
926 1885–86, p. 50.

563
1889, Jan. 5. Supreme Art. 16, § 5.

836 1885–86, p. 84.

929
Court Practice..
43

1885-86, p. 238. Seattle
1891, p. 121.

536
CODE 1881.
City Charter.

163
1891, ch. 9, $$ 1, 3.
295 Ch. 33.
151 | 1887-88, p. 15.

934
1891, ch. 66, § 4.
198 $ 26.

199 1887-88, p. 221, 8 4. 835
8 2421. Amended by Laws 1889-90, p. 82, § 2. .1106
1885–86, p. 84..
929 18899–90, p. 131.

926
OHIO. .
$ 2429.
155 1889–90, p. 133.

835
§ 2430.
929 | 1889–90, p. 223,

551
REVISED STATUTES 1853.
$ 2432.

155 1889-90, p. 225, § 5, 559
Ck. 593, p. 1154..
973 Š 2877. Amended by Laws 1889-90, p. 435.

426
1885–86, p. 50..

563 | 1889-90, p. 438, 8 3. 919
OKLAHOMA.
$ 2879..

919
563 1889–90, p. 440, 7.

1889-90, ch. 18, 8 73. 563
STATUTES 1890.
HILL'S STATUTES AND CODES. 1891, p. 261.

559

1891, ch. 140, 88 84, 101,
Ch. 70, art. 18, § 22.. 66 Code of Procedure.

103-105

563
$8 59, 61, 80.....

317 1893, p. 6.

.914, 1102
OREGON.
$ 123,
473 1893, p. 284, § 11.

461
$ 156.

430 1893, p. 386, $$ 3, 4..... 833
CONSTITUTION.
$ 161.

.1103
Art. 4, § 22...
661 $ 194, subd. 1.

926

WYOMING.
$ 387.

463
HILL'S CODE.
$8 583, 584.

11

Revised STATUTES 1887.
62.
758 88 649, 651.
551 $ 2395.

899
$102.
660 $ 827.
470 § 2447.

895
388.
13 $ 972.

831
530.
758 $ 1230.

.1103

SESSION LAWS.
$ 537.
.1026 $ 1308.
932 1888, ch. 28.

1
$ 731..
358 $ 1369.
834 1890-91, p. 156.

953
8 776, subd. 40.
963 88 1406, 1421

567 1840-91, ch. 33, 88 30, 33,
88 3082, 3083.
358 § 1423.

..1102 30
§ 3263..
1026 $ 1617.

317 1890-91, ch. 95, 8 8. 1028

Stock

mere averment that it has paid the loss is not

enough to show its right to subrogation, the
Killed by locomotive, see "Railroad Companies,” road's liability being statutory, without regard
17.

to the question of negligence.-Home Ins. Co.
Of corporation, see “Corporations, 21–24. v. Atchison, T. & S. F. R. Co., (Colo. Sup.) 34

P. 281.
Stoppage in Transitu.

Subscription.
See “Sale," 8.

To corporate stock, see "Corporations," 22, 23.
Streets.

Substitution.
See "Municipal Corporations."

Of parties, see “Parties," 7.
SUBROGATION.

Summons.
Of purchaser at void judicial sale, see “Judicial See “Writs.”

Sales."
When allowed.

Supersedeas.
Where an iusurance company has settled See "Appeal,” 89-93.
a loss caused by fires set out by a railroad's loco-
motives, and its claim against the railroad compa.

Surety.
ny for reimbursement is purely equitable, and
can only be pleaded on equitable grounds, its See “Principal and Surety."

[merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

SURFACE WATER.

4. A notice to a bank to appear before the

board of equalization, and shor 19154 sty in Liability of railroad company.

"assessment on solvent credits should be Where a rajlway company, for the por increaseu from $2,774 to $275,00)" Satire pose of properly constructing its roadbed, takes informs it that it is proposed to adiger earth from one part of its premises and uses it to the assessment. - Security Sar. Back & The upon the roadhead, thus leaving a ditch along Co. v. Board Sup’rs Los Angeles Coauty.com each side of it, in the usual way of constructing 34 P. 437; Main Street Sar. Bank & Travel railways in level countries, the company will v. Same, Id.; Los Angeles Sar. Bank 7. Sie not be liable to an adjoining landowner, through Id. whose premises a right of way has been prop 5. A person appearing before the besondere erly condemned and paid for, on account of in- equalization in response to a notice

, and rate juries caused by surface water, even though mitting to the action of the boant

, ma te the effect of such ditehes and roadbed may be defect in the notice. - Security Sar

. Bark? to prevent surface water, which before fowed Trust Co. v. Board Sup'rs Los Angeles Conta upon the land from coming upon it, or to draw (Cal.) 34 P. 437; Main Street Sar. Bart i from adjoining land surface water which would Trust Co. v. Same, Id.; Los Angeles Sar. Bar otherwise remain there, or to shed surface wa- v. Same, Id. ter over land on which it would not otherwise Romedies for erroneous taxation. go.-Missouri Pac. Ry. Co. v. Renfro, (Kan.)

6. Since the act of 1891 does not depe 34 P. 802.

require the taxpayer, on order to show (1) Surprise.

to file an answer, as did the act of 10th!

fact that an angwer filed in proceedings under Ground for new trial, see "New Trial," 6. the former act does not set out the facta :

quired in an answer by the latter act is Do M

son for denying the taxpayer relief ina u TAXATION.

unjust overvaluation. – Whatcom Cannt !

Fairhaven Land Co., (Wasb.) 34 P. 313 See, also, "Constitutional Law," 23, 24; "Rail 7. Const. art. 1, § 2, requires the legisla road Companies," 5.

ture to provide by late for uniform tarta Action for delinquent taxes, see "Limitation of according to value. Code 1881, $ 1977, Actions," 3, 4.

amended in 1886, conferred on boards of 47 By cities, see “Municipal Corporations," 46, 47. ization power to hear all matters conegutz Payment of taxes, effect on adverse possession, assessments, to subpoena witnesses, as) to see “Adverse Possession," 4.

raise or reduce appraisements so as to mit: - on mortgage by mortgagor, see "Mort-, taxation uniform. Section 2879 provided the gages," 2.

during the session of such board any pesca Vested rights, see “Constitutional Law," 12. might apply for correction of any error in his

assessment, and that failure to do so shield Taxable persons and property.

bar him from further recourse in law as ! 1. Where a certificate of entry of public valuation. Laws 1889-90, c. 18, constituts land is procured by a locator on a military the general revenue law.) § 13. prescritel the bounty land warrant, having a forged assign- powers of the board of equalization, but the nient therečn, and the warrant is subsequently substance of such provisions of Code 189 1 canceled by the proper department on account entirely absent from such act

. Laws 1N1, 2 of the forgery, and a patent suspended until a 140, $ 84, provides that the aniitor skall de valid warrant. properly assigned, is substituted, with the clerk of the superior court of his cares such entry does not give the locator any equity ty a copy of the revised tax list, and tha

: to the land as against the government before within 10 days such clerk shall issue a elika the new warrant, properly assigned, is furnished tion to ench delinquent named on the list, so and accepted, and consequently up to that time quiring him to appear within 30 days before the land is not taxable.-Kolin v. Barr, (Kan.) such superior court, and show cause whas bee 34 P. 880.

land should not be sold to pay registerel (432 Equalization.

Hold that, in case of excessive paluation, the 2. An order of the board of equalization taxpayer's remedy is not a proceeding before finding that a bank has omittel property from the board of equalization to correct the Adoption the list of its taxable property, and should be ment, but he may show such excessite tamaassessed thereon, and directing the assessor to tion in proceedings under suel orler to ou add such property to its assessment, is not an

cause.-Whatcom County v. Fairbarea la attempt by the board to add property to the Co., (Wash.) 34 P. 563, list, and exercise assessorial powers, but is a

8. Where a party defends an action it direction that the assessor make such addition, delinquent taxes on the ground that his page though the order specifies the value of the erty was fraudulently assessed in excess of property to be added, and is authorized by Pol. real value, he must show by bis answer Code. $ 3481, requiring the assessor, at the re- he has paid or tendered the amount while quest of the board, to list and assess property would have been due if his property had been which he has failed to assess. -Security Sar, assessed at a fair valuation, and be must be Bank & Trust Co. v. Board Sup'rs Los An- to pay what the court shall find equitable est geles County, (Cal.) 34 P. 437; Main Street just; otherwise evidence cannot be adnie Suv. Pank & Trust Co. v. Same; Id.; Los An- as to matters alleged in the answer in fa geles Sav. Bank v. Same, Id.

to the unjust discriminations made against bir 3. Pol. Coule, $ 3651, under which the as- in the assessment. Los Angeles ('nunty sessor is required, at the request of the board Ballerino, (Cal.) 32 P. 581, affirmed. --IAS AZ of equalization, to list and assess property geles County v. Ballerino, (Cal.) 34 P. 32). which he has failed to assess, whirh section the

Collection. city charter of Los Angeles, makes applicable to the common council, sitting as a board of 9. Laws 1891, $ 101, authorizes the county equalization, does not conflict with the consti- attorney to bring suit to recover registered ?? tutional provisions which detine the powers and paid taxes, naming as defendants the opper

, duties of state and county hoards of equaliza- reputed owner, unknown over, and all per tion, and which do not give the power to cause sons having recorded interests, estates op is property to be addrd to the assessment list, cumbrances, and to include in oue suit all at since it merely extents the power and duty of cels of land registered as belonging to the wat the assessor. --Security Sav. Bank & Trust Co.'owner. Section 103 provides that the cutty v. Board Sup'rs Los Angeles County, (Cal.) 34 clerk must issue the summons, designating the P. 4:7; Main Street Sav. Bank & Trust Co. v. owner, reputed owner, or that the owner is Same, Id.; Los Angeles Sav. Bank v. Same, ld. known, and such summons is to be io sob

&

stantially the form given, and served as in County v. Fairhaven Land Co., (Wash.) 34 P.
other civil actions. Section 104 provides for 503.
service of summons on nonresidents by public

Taxation of Costs.
cation, except that when the owner is unknown
or cannot be personally served, and the land is See “Costs," 6, 7.
improved, service may be made on any adult
person residing thereon. Under Section 105,
"defendant" is the party recognized as the one

TENANCY IN COMMON.
who may make defense. Held, that a complaint Payment of mortgage, enforcement against co
in such suit, which is entitled in the name of

tenant, see “Mortgages," 6.
the county against the owner of the land when
Assessed, and the real estate and improvements Ouster - Ejectment between cotenants.
thereon, hereinafter described, and to all per 1. In ejectment by a widow, who had sold
sons who have a recorded legal or equitable her interest in community property, and by
interest therein or incumbrance thereon," and her daughter, to get possession of their home-
contains a statement that the list appended is stead right, defendant cannot contend that he
a list of registered uopaid taxes assessed to has not contested the right of the daughter to

such owner, is sufficient, though in the body of possession as a tenant in common with him,
E the complaint there is no allegation as to own 80 that there has been po ouster, when the

ership, in the absence of anything therein to complaint avers title in plaintiffs and ouster
show that any other person was interested in by defendant, and the answer denies every

the property.-Whatcom County v. Fairhaven material allegation of the complaint, and
L.L" Land Co., (Wash.) 34 P. 563.

pleads the statute of limitations, and when the
10. Under St. 1880, p. 136, providing that agreed statement of facts admits that on
"any county, or city and county," where taxes given date the widow, on behalf of herself
are delinquent, may sue in its own name for and daughter, demanded of defendant that
the recovery thereof, "whether the same be for they be let into possession, but that defendant
county or city, or city and county, and state refused, and has since withheld possession
purposes or taxes, or either of them," a county from plaintiffs.-Phelan v. Smith, (Cal.) 34 P.
may sue for delinquent taxes levied for county 667.
purposes only; and defendant cannot claim License by one tenant.
that it ought also to have sued for delinquent
state taxes, levied in the same year, and not to

2. A tenant in common cannot, as against
have split its demand, thus subjecting defend his cotenant, give a license to a third person

.-Moore v.
ant to two actions, when it is not alleged in to enter on the land held in common.-
the answer that another action to recover the Moore, (Cal.) 34 P. 90.
state taxes is pending, or has been prosecuted
to judgment. Los Angeles County v. Balleri-

Term.
no, (Cal.) 32 P. 581, affirmed.- Los Angeles
County v. Ballerino, (Cal.) 31 P. 3-9.

Of court, see “Courts," 2.
11. St. 1880, p. 136, providing that any
county "may sue in its own name for the re-

TERRITORIES.
covery of delinquent taxes," whether such
taxes be for county and state purposes, or Admission of new states, see "States and State
either of them, is not repugnant to Pol. Code, Otlicers," 1, 2,
$ 3899, authorizing actions for delinquent taxes transfer of causes, see "Judgment," 7.
to be brought in the name of the people in cer- Application of federal constitution, see “Consti-
tain cases, so as to repeal it by implication, tutional Law," 14.
and therefore the authority of the county to Offenses against United States, by what law
sue is not exclusive.-People v. Ballerino, (Cal.) governed, see “Courts," &
34 P. 330.

12. Pol. Code, g 3999, provides that the Limitation of indebtedness of territori.
comptroller may direct a tax collector to whom al cities.
a delinquent list has been delivered not to pro 1. Acts 1890, p. 225, § 5, validates any
ceed further with the collection of any tax on municipal indebtedness owing by any city or.
the list amounting to more than $300; ana ganized prior to the adoption of the state con-
that, if there is no purchaser in good faith at stitution, “when the only ground for its in-
a tax sale, the collector must deliver to the validity is that it exceeds the amount author-
comptroller d certified copy of the entries on ized by its charter,” provided that there must
the delinquent list relative to such tax, where be a popular yote if the excess reached be be-
upon an action to collect the same may be yond 112 per cent. Act Cong: July 30, 1850,
brought in the name of the state. Held, that limits the power of territorial cities to create in-
the complaint must aver that the property had debtedness to 4 per cent. of their taxable prop-
been once offered for sale, and a failure to do erty. Held, that the act of 1890 applied to an
60 is not cured by an averment that defenxlant indebtedness created such city, though the
had procured an injunction against the sale.-- indebtedness was not only in excess of the
People v. Ballerino, (Cal.) 31 P. 330.

amount it could create under its charter, but
One suit directed against several in violation of the act of congress, since the

latter act became and was "a part of the char-
parcels.

ter” of every city in the territories.- McBryde
13. Where a number of different tax liens v. City of Montesano, (Wash.) 34 P. 559.
are sought to be foreclosed in one suit, because 2. Such indebtedness being one which the
the property all belongs to the same person, territorial legislature could have authorized but
each demand on each parcel constitutes a sep- for the congressional probibition, and which
arate demand, and is enforceable only against congress could have authorized at its pleasure,
the land; and there should be no judgment and the state legislature having taken the place
against the owner for the aggregate taxes and of both, the latter can do anything that either
a gross attorney's fee; but the decree should or both of the others could have done, and
be that each parcel shall be sold for a sum as therefore cau validate such indebtedness.-Mc-
certained, including interest, penalties, costs, Bryde v. City of Montesano, (Wash.) 31 P. 539.
and attorney's fee, with accruing costs to be
added in the manner provided by law.-What-

Tide Lands,
com County v. Fairhaven Land Co., (Wash.)
34 P. 503.

Power of city to ertend streets over, see "M11-
14. In such case the attorney's fee should nicipal Corporations," 21.
be apportioned by assessing a percentage on Subject to condemnation proceedings, nee "Em-
the recovery against each parcel. Whatcom iuent Domain," 3.

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

TIME.

matter within the discretion of the coordi

vens v. Clemmous, (Kan.) 34 P. 1013 Of the essence of contract, see “Vendor and

3. In an action for the price of lomke da Purchaser,” 4.

livered after April 1st, plaintiff testisid the

all delivered before was paid for to be best Computation-Fraction of a day. and the cashier testified that he had recente

In an action to recover an assessment two statements in March and April, and me on corporate stock, evidence that the assess lected them from defendant. Defendant fins ment was made on the same day that defend- ed payment of the balance, and prodaril tai ant purchased the stock is sufficient to show checks dated in June, parable to plaketit that it was made while defendant was the bearer, and indorsed and collected by his per owner of the stock, as it will not be presumed per, and stated that the statements bez bei de that the assessment was made a fraction of a bank were paid to the cashier. Plaintia, in day before the purchase.-San Gabriel Valley buttal, recalled the cashier, who testisi te Land & Water Co. v. Dennis, (Cal.) 34 P. 441. on examining the books further be focord that

the March statement had not been paid Title.

him, but that the collection register shared

payments on it, and plaintiff's ledger inox See “Quieting Title.”

credits corresponded in amount and date si Color of, see "Adverse Possession," 3.

the two checks produced by defendant

. 8 Of acts, see "Statutes," 5, 6.

that to allow the correction of the video
for plaintiff on the rebuttal was rjctia

court's discretion. -De Remer 1. Parker, Course
Torts.

Sup.) 34 P. 980.

4. Where defendant in an action Do See, also, Assault and Battery;", "Carriers;". “Deceit;” “Forcible Entry and Detainer;" fails to take advantage of plaintif's failue o "Municipal Corporations;" "Negligence;"

,, put the note in evidence, by moring for a mos "Railroad Companies;" “Replevin;" “Tres duces evidence in support of a set of caizdis

suit at the close of plaintiff's case, but in pass;" "Trover and Conversion."

him, it is not reversible error to admit the wa Measure of damages, see “Damages," 6, 7.

in evidence in rebuttal. - Brown 1. His

(Colo. App.) 34 P. 911. Towns.

5. Where evidence offered for a deri purpose is inadmissible for that purpose

, its it See “Municipal Corporations;" "Schools and jection is not rendered erroneous by the time School Districts."

that it is admissible for another purpose, D.! Annexation by cities, see “Municipal Corpora- alluded to by the party offering it. - Lurra tions," 3.

Land-Grant Co. v. Dawson, (N. M.) 34 P. 11 Liability on treasurer's bond because of moneys Objections to evidence.

lost by failure of bank, election of remedies, see “Principal and Surety," 3

6. Unless the objections to the admiere of evidence be distinctly pointed out, ther vi

not be considered on review.-Howard r. Her TRESPASS.

ard, (Kan.) 31 P. 1114.

7. Where findings are waired, erers Injunction against, see "Injunction," 6.

sumption in support of the judgment Date Mitigation of damages under general issue, see indulged, except such as are cut off by the spate "Damages," 10.

fications of error; and though there is noths

in the testimony, all of which is certiñed to be Justification.

in the record on appeal, showing the date ! 1. In an action for driving to town sheep the execution of a written instrument

, the jai which bad become mingled with defendant's, ment cannot be attacked on appeal for the is the latter may show that he was justified in so sufficiency of the evideuce in this respect

, rear driving the sheep to town, in order to separate this particular ground of insufficienes mas 97 them before shearing his own.-Huning v. Cha- called to the attention of the trial court in the vez, (N. M.) 34 P. 44.

specifications.-Petersen 5, Taylor, (Cal) 34. License.

724. 2. In such an action, defendant may show Argument of counsel, that plaintiff was only special owner of the 8. Where the court checks improper sheep, and that he, (defendant,) after driving marks of counsel as soon as his attention is them off, returned them to their general owner, called thereto, and instructs the jury to cisand that plaintiff, though knowing that the sheep gard them, and the trial then proteeds vibra were driven to town, went there without at objection, a reversal of the judgment on the tempting to retain their possession.-Huning v. verdict afterwards rendered cannot be claimed Chavez, (N. M.) 34 P. 44.

because of such remarks of counsel.-frares !

Smith, (Wash.) 34 P. 213.
TRIAL

9. Limiting the time of counsel for at
ment to 45 minutes will not be considerate

ror, it not appearing that there has been 447 See, also, "Appeal; Evidence:”.."Judgment;" gross abuse of the court's discretion.-Sylvester

“Jury;" "New Trial;" "Pleading;" "Prac- . Jerome, (Colo. Sup.) 34 P. 760. tice in Civil Cases;" "Witness."

Instructions. Power of court to forbid publication of 10. It is not error to refuse instructions and testimony.

braced in those given by the court of its or 1. Code Civil Proc. $ 125, providing that motion:---Brown v. Porter, (Wash.) 34 P. Ili in certain actions the court may direct the trial

11. The want of orderly and logical arter: of any issue of fact to be private, and exclude ment of the propositions of law involved in all persons except the otheers of the court, the charge of the court is not cause for refere! parties, their witnesses, and counsel, does not all of the propositions of law fairly appimis authorize the court in such a case to forbid to the case are given by the court, in such LP publication of the testimony.-In re Shortridge, per as to fairls inform the jury of the point (Cal.) 31 P. 27.

by which they are to be guided.--Atchison. Id

S. F. R. Co. v. Calvert, (Kan.) 34 P.976 Reception of evidence.

12. Where one of the issues in an actwa au 2. After both parties have introduced their a contract is as to whether there was such a testimony, and the court has instructed the formance by plaintiff us would entitle biti o jury, the introduction of further testimony is a recover, an instruction that, it the jury but

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors]
« PreviousContinue »