DETERMINED IN

THE SUPREME COURT

STATE OF CALIFORNIA.

C. P. POMEROY,

REPORTER.

VOLUME 106

WITH

NOTES ON CAL. REPORTS

SAN FRANCISCO:

BANCROFT-WHITNEY COMPANY,

LAW PUBLISHERS AND LAW BOOKSELLERS.

Entered according to Act of Congress in the year 1895

BY BANCROFT-WHITNEY COMPANY,

In the Office of the Librarian of Congress, at Washington.

Copyright, 1899,

BY BANCROFT-WHITNEY COMPANY.

Copyright, 1905,

BY BANCROFT-WHITNEY COMPANY.

Copyright, 1906,

BY BANCROFT-WHITNEY COMPANY.

VOLUME 106.

SUPREME COURT.

W. H. BEATTY, Chief Justice.

DEPARTMENT ONE.

RALPH C. HARRISON, Presiding Justice.
C. H. GAROUTTE, Justice.

W. C. VAN FLEET, Justice.

DEPARTMENT TWO.

T. B. MCFARLAND, Presiding Justice.
JACKSON TEMPLE, Justice.
F. W. HENSHAW, Justice.