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tion. Hurley v. Inhabitants of South Thom- Body of persons aston, 74 Atl. 734, 736, 105 Me. 301.
The provisions of section 2134, Code Civ.
Proc., directing that "each person upon whom Construed as witness
a writ of certiorari is served
must Under Bankr, Act July 1, 1898, c. 541, 8 make a return,” etc., is not in conflict with 41, 30 Stat. 556, providing that certain acts the view that the return of a body or board committed by any “person" before a referee may be made by a majority of its members, in bankruptcy shall constitute a contempt of because the noun "person” is clearly used to court, the word "person" is not limited to the denote any person or legal entity to whom a bankrupt, but extends to a witness guilty of writ is directed. People ex rel. Lester v. perjury before the referee. In re Bronstein, Eno, 68 N. E. 868, 870, 176 N. Y. 513. 182 Fed. 349, 353.
The use of the word "person" in Const. Code Civ. Proc. $ 870, provides for the U. S. Amend. 14, providing that no state examination of a party, and section 871 au- shall deprive any person of life, liberty, or thorizes the examination of a "person not a property, without due process of law, inparty“ to the action. Held, that the word cludes the natural persons who compose a “person” in section 871 means a person who corporation, and who are the beneficial owncan testify as a witness; and hence such sec
ers of all its property, the technical and le tion did not authorize the examination of gal title to which is in the corporation. State officers of a corporation before trial, where . Atlantic Coast Line R. Co., 47 South. 969, the corporation was not a party. Chartered 982, 56 Fla. 617, 32 L, R. A. (N. S.) 639. Bank of India, Australia, and China v. In view of Rev. St. 1909, $ 10,160, definNorth River Ins. Co., 121 N. Y. Supp. 399, ing the word “persons” as including a body 400, 136 App. Div. 646.
of persons whether incorporated or not, un
der sections 2528 and 3881, respectively, proBankrupt
viding that if any person disobey an injuncBankr. Act 1898, § 29b, provides that a tion, the circuit court to which it is returned, "person” shall be punished by imprisonment or any judge in vacation thereof, shall issue on conviction of having concealed property an attachment for the contempt, and that belonging to his estate in bankruptcy. Sec- every court of record shall have power to tion 1, cl. 19, provides that “persons” shall punish as for criminal contempt, persons include corporations, except where otherwise guilty of willful disobedience of any order, specified. A careful reading of this clause, the circuit court has power to punish a corin connection with the terms of section 29b, poration for civil contempt. Fiedler v. Bamconvinces that it can have no effect to extend brick Bros. Const. Co., 142 S. W. 1111, 1116, the terms or broaden the true interpretation 162 Mo. App. 528. of the latter subsection. All who are punish- Carrier able under this subsection 29b are persons Code 1897, § 2419, provides that if any who are or who have been bankrupts. Hence common carrier or person, or any one as none of those whom the word "persons" is agent or employé thereof, shall transport to made to include under section 1, cl. 19-no any person within the state any intoxicating officers, partnerships, women, participants in liquors without first being furnished with a forbidden acts, agents, officers, or members certificate that the consignee is the holder of any board of directors or trustees-can be of a permit to sell intoxicating liquors in guilty of the offense specified in this subsec- the county to which the shipment is made, tion, unless they are either bankrupts when such carrier or person shall on conviction be they conceal the property or have been such fined, etc. Held, that the word “person," as and have obtained their discharges before used in such section, means a public or prithat time. Present or past bankruptcy is an
vate carrier, and did not include one who essential attribute of every person who may transported several interstate shipments of be an offender under this statute. Field v. liquor from the railroad company's depot to United States, 137 Fed. 6, 7, 69 C. C. A. 568. the consignee's place of residence as a mere
gratuity. State v. Wignall, 128 N. W. 935, Bankr. Act July 1, 1898, c. 541, § 29b, 30 937, 150 Iowa, 650, 34 L. R. A. (N. S.) 507. Stat. 554, provides that a person shall be Children punished on conviction of having concealed, The word “person," as used in a statute while a bankrupt, or after his discharge, forbidding persons to walk along railroad from his trustee, any of the property belong tracks, should not be construed to include ing to his estate. Held, that though there children so young as to be incapable of concan be no offense unless the concealment is tributory negligence, under the rule that. accomplished while there is a person in bank- where a statute seeks to change an existing ruptcy, or after his discharge, not only the status of a portion of a community, the bankrupt, but others aiding and abetting in change must be made in language so clear the concealment, are punishable. United as to unmistakably manifest such legislative States v. Young & Holland Co., 170 Fed. 110- purpose. Erie R. Co. v. Swiderski, 197 Fed. 112.
521, 524, 117 C. C. A. 17.
Where a wife loaned her husband money The word "persons" in the extradition which was made payable on demand, and treaty between the United States and Italy, they both died without the wife having de entered into in 1868 (15 Stat. 629) and manded, or received the money, her estate amended in 1884 (24 Stat. 1001), providing was a creditor of his estate, and a “person" for the surrender of persons charged with within Rev. St. 1898, $ 3840, providing for an enumerated crimes, is sufficiently broad to order within which creditors shall present embrace citizens and subjects of the con- their claims and section 3844, providing that tracting parties, and a citizen of the United every person having a claim, who shall not, States, who while in Italy commits an of- after notice given, exhibit it within the time fense, and who then flees to the United limited, shall be forever barred. Barry v. States, is within the treaty and may be ex- Minahan, 107 N. W. 488, 491, 127 Wis. 570. tradited thereunder, though Italy has always
Employé construed the word so as not to include its citizens and subjects.
A mere ticket taker at a theater is not Ex parte Charlton, 185 Fed. 880, 884.
within Pen. Code, $ 290, providing for the
punishment of any “person" who admits to Custom officer
any theater, museum, or skating rink, or any Section 5445, Rev. St., relating to “every place where wines or liquors are kept, any person” who aids in effecting the illegal en child under the age of 16 years, unless accomtry of imports, while ordinarily not intended panied by its parent or guardian. People ex to apply to those individuals (customs offi- rel. Jacques v. Sheriff of Kings County, 105 cers) covered by the preceding section of the N. Y. Supp. 387, 54 Misc. Rep. 8. law, does not exclude an officer of the service Forwarding agent if the facts bring him within the definition
A forwarding agent is a "person" within of the “person” at whom this provision is the meaning of Interstate Commerce Act Feb. aimed, and may therefore include a customs 4, 1887, c. 104, § 2, 24 Stat. 379, forbidding weigher who aids in the way prohibited. preferences and discrimination in rates. InUnited States v. Mescall, 164 Fed. 587, 588. terstate Commerce Commission v. Delaware, Deceased person or estate of deceased L. & W. R. Co., 31 Sup. Ct. 392, 396, 220 U. S. person
235, 55 L. Ed. 448. A corpse is not a “person." That which Infant or mino. constitutes a person is separated from the A child of immature and tender years is body by death. Brooks v. Boston & N. St. a "person," within Rev. Codes N. D. 1905, $ Ry. Co., 97 N. E. 760, 211 Mass. 277.
7686, authorizing an action for the death of a A “person” includes a corporation and “person" by the wrongful act of another. a joint-stock company, but it does not in Scherer v. Schlaberg, 122 N. W. 1000, 1006, 18 clude an estate, or where an action is
N. D. 421, 24 L. R. A. (N. S.) 520. brought by the representative of an estate or Under the bankruptcy act providing that trust as such; for the estate or the trust, any natural person may be adjudged an inand not the person who represents it, is real- voluntary bankrupt, the word “person" does ly the party. Cole v. Manson, 85 N. Y. Supp. not include an infant. In re Kehler, 153 Fed. 1011, 42 Misc. Rep. 149.
235, 237. Primary Election Law (Laws 1903, c. Bankr, Act July 1, 1898, c. 541, 1, subd. 451) $ 18, subd. 1, provides that the person 11, 30 Stat. 544, provides that "debt" shall receiving the greatest number of votes at a include any debt, demand, or claim provable primary as the candidate of a party for an in bankruptcy; section 4 declares that any office shall be the candidate of that party for "person" who "owes debts,” except a corporasuch office, and his name as such candidate tion, shall be entitled to the benefits of the shall be placed on the official ballot at the act as a voluntary bankrupt; and section 63 following election. Held, that a dead man is declares that debts shall be a fixed liability, not a "person" within the statute; such word absolutely owing at the time of the filing of meaning a living human being, State ex rel. the petition, etc. Held, that the words "owes Bancroft v. Frear, 128 N. W. 1068, 1071, 144 debts” mean an obligation for which a debtWis. 79, 140 Am. St. Rep. 992.
or is legally liable, and hence the bankruptcy Laws 1904, No. 30, $ 81, provides that act includes an infant, where he owes debts certain sections pertaining to taxes upon per- In re Walrath, 175 Fed. 243, 244.
for which his property is legally chargeable. sons receiving property passing from decedents shall also apply to all "persons" dying
Inhabitant before the passage of the act, but whose es- An inhabitant of the province of Bentates shall not have been at that time de guet, in the Philippine Islands, was a “percreed or distributed, etc. Held, that “per- son," within Organic Act July 1, 1902, c. 1369, sons" refers to decedents mentioned in that providing that no laws shall be enacted in the section, and not to the beneficiaries. In re Islands which shall deprive any “person" of Howard's Estate, 68 Atl. 513, 514, 80 Vt. 489. l 'life, liberty, or property without due process
of law, or deny to any person therein the shall include a referee, and clause 19 declares equal protection of the laws. Carino v. In- that the word “persons" includes corporations sular Government of Philippine Islands, 29 and officers. By section 2, cl. 7, bankruptcy Sup. Ct. 334, 336, 212 U. S. 449, 53 L. Ed. 594. courts are invested with such jurisdiction in Lunatic
law and in equity as will enable them to ex. Under the bankruptcy act providing that
ercise original jurisdiction in bankruptcy proany natural person may be adjudged an in- ceedings to cause the estates of bankrupts to
be collected, reduced to money and distributvoluntary bankrupt, the word "person” does not include a lunatic. In re Kehler, 153 Fed. ed, and to determine controversies in rela
tion thereto, except as otherwise provided, 235, 237.
and section 23, par. “a," confers jurisdiction Marshal
on the United States Circuit Courts in certain Where defendant used loud and offen- circumstances over controversies between sive language in a conversation with a village trustees and adverse claimants concerning marshal, as one of a crowd engaged in dis- property claimed by the trustee, except as to turbing the peace, and the marshal neglected proceedings in bankruptcy, jurisdiction over to restrain defendant or preserve order, he which rests exclusively in bankruptcy courts, was not a “person" whose peace could be dis- and by paragraph “b” suits brought by the turbed, within a village ordinance providing trustee, except those to recover property unthat, if any person shall willfully disturb the der certain specified sections of the act, can peace of any other person by loud and un-be brought in the bankruptcy court only by usual noise, loud and offensive conversation, consent of the proposed defendant. Held, etc., he shall be adjudged guilty of a misde- that a referee in bankruptcy had jurisdiction meanor. Village of Salem v. Coffey, 88 S. W. of a proceeding to compel the officers of a 772, 113 Mo. App. 675.
corporation to pay over the proceeds of stock
sales alleged to belong to the corporation, and Nonresident
also to pay an amount assessed against them “In the statutes authorizing issuance of for unpaid shares. In re Kornit Mfg. Co., garnishment on the application of any 'per- 192 Fed. 392, 394. son,' the word 'person' has been held to include all individuals, nonresidents as well
Partnership, firm, company, society, as residents, corporations, and sovereignties." joint-stock company, or association Disconto Gesellschaft v. Umbreit, 106 N. W. A "person" includes a joint-stock com821, 828, 127 Wis. 651, 15 L. R. A. (N. S.) pany. Cole v. Manson, 85 N. Y. Supp. 1011, 1045, 115 Am. St. Rep. 1063 (dissenting opin- 42 Misc. Rep. 149. ion by Cassoday, C. J.).
A partnership is an entity distinct from The use of the word “person,” in Laws that of its members, and is recognized in law 1905, p. 126, c. 105, amending Rev. St. 1898, as a “person." Clay, Robinson & Co. v. c. 2948, by adding the provision that if there Douglas County, 129 N. W. 518, 549, 88 Neb. be none of such persons in the state, and the 363, Ann. Cas. 1912B, 756. defendant corporation has or holds itself out A partnership cannot sue, for it is not as having an office or place of business in the a natural or artificial “person.” Phillips v. state, or does business, then service may be Holmes, 51 South. 625, 626, 165 Ala. 250. made upon the person doing such business or
A partnership is a "person" in the sense in charge of such office or place of business, in which that term is used in the federal the word “person" shows that the Legislature bankruptcy act (Act Cong. July 1, 1898, c. 541, intended to reach a class not covered by the § 1, subd, 15, 30 Stat. 544). In re Everyword “agents” used elsewhere in the section, body's Grocery & Meat Market, 173 Fed. 492. but it is not broad enough to include one merely temporarily in the state, to whom
Laws 1892, p. 1487, c. 677, § 5, defines the though not connected with the business, was
term “person” to include a corporation or intrusted for collection a bill due a foreign joint association, as well as a natural percorporation. Honerine Min. & Mill. Co. v.
son. People v. Taylor, 85 N. E. 759, 760,
192 N. Y. 398. Tellerday Steel Pipe & Tank Co., 88 Pac. 9, 11, 31 Utah, 326.
The word "person" or "persons" shall be
held to include firms, companies, and associOfficer of corporation
ations. Revenue Law (Acts 1898, No. 170, p. The president of a corporation is a "per- 346, § 91). National Fire Ins. Co. v. Board son," within Comp. Laws. § 4804, declaring of Assessors, 46 South. 117, 118, 121 La. 108, that any person, agent, manager, or clerk of 126 Am. St. Rep. 313; General Electric Co. a corporation, with whom any money shall be v. Board of Assessors, 46 South. 122, 123, 121 deposited or intrusted, who shall appropriate La. 116. it to his own use, shall be guilty of embezzle
The word "person," as provided by Ky. ment. Stațe v. Weber, 103 Pac. 411, 412, 31 St. § 457, may extend and be applied to Nev. 385.
bodies politic and corporate, societies, comBankr. Act July 1, 1898, c. 541, § 1, cl. munities, and the public generally, as well 7. 30 Stat. 544, provides that the term "court | as individuals, persons, and joint-stock companies. Cominonwealth v. Adams Exp. Co., / to the state between March 1st and Septem97 S. W. 386, 387, 23 Ky. 720.
ber 1st, moving personal property into the The word “person,” as used in the stat. state that acquires a situs therein before utes relating to railroad commissioners, in- September 1st, said property shall be assesscludes partnerships or joint-stock companies. ed and taxes thereon collected for the curGen. St. 1901, § 5997. Kansas City, Outer rent year, notwithstanding one member of Belt & Electric R. Co. v. Board of Railroad the firm was a resident of the state before Com’rs, St Pac. 755, 756, 73 Kan. 168.
the 1st day of March, and the other member
was, and has been at all times, a resident Under Const. art. 9, § 18, giving the Cor- of another state. Bivins & Carroll v. Bird, poration Commission power to regulate all 121 Pac. 1080, 1081, 31 Okl. 286. transmission companies doing business in the state in all matters relating to the perform
Under the bankruptcy act of July 1, 1898, ance of their public duties and their charges a partnership is insolvent if the partnertherefor, and section 34, providing that the ship property is insufficient to pay the firm term “transmission company" shall include debts, because it is a "person" (section 1 any company or other person holding or op- son” is insolvent under that act whose prop
, c. 541, 30 Stat. 545), because any “pererating for hire any telegraph or telephone line, and that the term “person" shall include erty is insufficient to pay its debts (section 1
, c. 541, 30 Stat. 544), and the only propindividuals, partnerships, and corporations, the Corporation Commission has supervision debts is the firm property, and the only
erty a partnership has or can apply to its of a telephone company owned solely by an debts it owes are the firm debts. In re individual and operated for hire in all mat- Bertenshaw, 157 Fed. 363, 368, 85 C. C. A. 61, ters relating to the performance of its pub-17 L. R. A. (N. S.) 886, 13 Ann. Cas. 986. lic duties and charges. Hine v. Wadlington, 109 Pac. 301, 26 Okl. 389.
Neither the judicial recognition by the
courts of a state of the partnership entity, Laws 1901, p. 19, c. 3, making it unlawful to permit minors in saloons, etc., pro- which define a partnership to be a “person"
nor the provisions of the bankruptcy act, vides (section 7) that the word “person,” as within the meaning of the act, and authorize used in the act, shall be deemed to mean it to be adjudged a bankrupt (Bankr. Act Jufirm or corporation, as well as natural per- ly 1, 1898, c. 541, si la (19), 5a, 30 Stat. 544, son, and the person managing the business 547), work a change of the established rule of such firm or corporation shall be liable to fixing the substantive rights of creditors the penalties prescribed by this act. Terri- respectively, of the partnership and of its tory v. Church, 91 Pac. 720, 721, 14 N. M. 226. individual members. In re Telfer, 184 Fed.
While it is true that section 59 of the 224, 226, 106 C. C. A. 366. Bankrupt Act contains the only provision of
Pregnant woman the act expressly defining who may file a petition to have a debtor adjudged an invol
Laws Del. vol. 17, p. 523, c. 226, 8 2 (Rev. untary bankrupt, and that that provision is Code 1852, amended in 1893, p. 930), makes it confined to creditors, and section 5, read a crime for any person to administer to or with section 59, seems to confine the right to
advise a pregnant woman with intent to procreditors, yet section 4a declares that any sel any person so intending to procure a
cure a miscarriage, or to "aid, assist, or coun“person” owing debts, except a corporation, miscarriage.” Held, that the word “person," shall be entitled to the benefit of this act as in the quoted clause, means some person otha voluntary bankrupt, and section 1 declares that the word “persons," unless inconsistent er than the pregnant woman, and an inwith the context, shall include partnerships. ants with having counseled a pregnant wo
dictment under such clause, charging defendIn re J. M. Ceballos & Co., 161 Fed. 445, 448.
man who was intending to procure her own An unincorporated association is not a miscarriage, is bad. State v. Parm (Del.) 60 "person,” and has not the power to sue or be Atl. 977, 978, 5 Pennewill, 556. sued; but when it has been organized and conducted for profit it will be treated as a
Private corporation partnership, and its members held liable as
The words “person" or "persons" inpartners. Slaughter v. American Baptist cludes corporations. In re Charge to Grand Publication Society (Tex.) 150 S. W. 224, 226. Jury, 151 Fed. 834, 845; Cole v. Manson, 85
N. Y. Supp. 1011, 42 Misc. Rep. 149. The word "person," in section 2, art. 2, of the general revenue act approved March
A corporation by both the civil and com10, 1909, providing that “a person moving in- mon law is a “person,” an artificial person. to this state from another state between Davoust v. City of Alameda, 84 Pac. 760, March 1st and September 1st shall list his 761, 149 Cal. 69, 5 L. R. A. (N. S.) 536, 9 personal property acquiring an actual situs Ann. Cas. 847. therein before September 1st and the same A corporation is included in the term shall be assessed and placed upon the tax “person” as used in the statutes. Goldzier roll and the taxes thereon collected, etc.," v. Central R. Co. of New Jersey, 88 N. Y. includes a firm; and where a firm moves in. Supp. 214, 215, 43 Misc. Rep. 667 (citing Schårmann & Sons v. De Palo, 72 N. Y. Supp. , derson-White Mfg. Co., 59 S. E. 476, 477, 107 1008, 66 App. Div. 29).
Va. 626, 17 L. R. A. (N. S.) 324; Roztland Under Civ. Code, $ 14, the word “per- Ry., Light & Power Co. v. Railroad Commisson," as used in the statutes, includes a cor
sion of Oregon, 109 Pac. 273, 274, 56 Gr. 468; poration as well as a natural person. West- Arkansas Stave Co. v. State, 125 S. W. 1001, ern Union Telegraph Co. v. Superior Court 1003, 94 Ark. 27, 27 L. R. A. (N. S.) 255, 140 of Sacramento County, 115 Pac. 1091, 1098, 15 Am. St. Rep. 103; Chicago, R. I. & P. Ry. Cal. App. 679.
Co. v. State, 111 S. W. 456, 460, 86 Ark. 412;
Louisville & N. R. Co. v. Central Stockyards In the construction of statutes the term Co., 97 S. W. 778, 797, 133 Ky. 148; Southern “person,” being generally understood as de- R. Co. v. Greene, 49 South. 404, 409, 160 Ala. noting a natural person, will be taken in 396; Hammond Beef & Provision Co. v. Best, that sense, unless from the context or other 40 Atl. 338, 340, 91 Me. 431, 42 L. R. A 528; parts of the act it appears that artificial Huber v. Martin, 105 N. W. 1036, 1033, 127
, ; 3 (S.. tended to be expressed. Commonwealth v. Rep. 1023, 7 Ann. Cas. 400 (citing Covington Real Estate Trust Co., 60 Atl. 551, 553, 211 & L. Turnp. Road Co. v. Sanford, 17 Sup. Ct. Pa. 51.
198, 164 U. S. 578, 41 L. Ed. 560; Pembina Laws 1892, p. 1487, c. 677, § 5, defines the Consol. Silver Min. & Mill. Co. v. Pennsylterm “person" to include a corporation or vania, 8 Sup. Ct. 737, 125 U. S. 181, 189, 31 joint association, as well as a natural person. L. Ed. 650; Santa Clara County v. Southern People v. Taylor, 85 N. E. 759, 760, 192 N. P. R. Co., 6 Sup. Ct. 1132, 118 U. S. 394, 30 Y. 398.
L. Ed. 118); Willis v. McKinnon, 70 N. E. The word “person” or “persons” shall 957, 962, 178 N. Y. 451 (citing Pembina Con. be held to include corporations. National sol. Silver Min. & Mill. Co. v. Pennsylvania, Fire Ins. Co. v. Board of Assessors, 46 South. 8 Sup. Ct. 737, 125 U. S. 181, 31 L. Ed. 650). 117, 118, 121 La. 108, 126 Am. St. Rep. 313;
Corporations are "persons" withic the General Electric Co. v. Assessors, 46 South. provisions of the federal and state Constitu122, 123, 121 La. 116 (citing Revenue Law, tions guaranteeing to all persons the equal Acts 1898, No. 170, p. 346, § 91).
protection of the laws. Kiley v. Chicago, M. V. S. 21, provides that the word "per- & St. P. Ry. Co., 119 N. W. 309, 312, 138 Wis. son” may extend and be applied to bodies 215; United States v. McHie, 194 Fed. 894, corporate and political. Gokey V. Boston 898; Lawrence v. Rutland R. Co., 67 Atl. & M. R. Co., 130 Fed. 994, 995.
1031, 1092, 80 Vt. 370, 15 L. R. A. (N. S.) The word “person,” as provided by Ky. 350, 13 Ann. Cas. 475; Carrithers v. City St. § 457, may extend and be applied to bod- of Shelbyville, 104 S. W: 744, 745, 126 Ky. les politic and corporate, societies, communi. 769, 17 L. R. A. (N. S.) 421; Es parte Case, ties, and the public generally, as well as
116 Pac. 1037, 1038, 20 Idaho, 128; Chicago, individuals, persons, and joint-stock com
R. I. & P. Ry. Co. v. State, 111 S. W. 456, 460, panies. Commonwealth v. Adams Exp. Co., 86 Ark. 412; Missouri & N. A. R. Co. v. State, 97 S. W. 386, 387, 123 Ky. 720.
121 S. W. 930, 931, 92 Ark. 1, 31 L. R. A. (N.
S.) 861, 135 Am. St. Rep. 164; McGuire v. A corporation is a “person” within the Chicago, B. & Q. R. Co., 108 N. W. 902, 905, meaning of the fourteenth amendment to 131 Iowa, 340, 33 L.-R. A. (N. S.) 706; Amerthe federal Constitution of the United States ican De Forest Wireless Telegraph Co. v. and other constitutional clauses. Hammond Superior Court of City & County of San Beef & Provision Co. v. Best, 40 Atl. 338, Francisco, 96 Pac. 15, 16, 153 Cal. 533, 17 L. 340, 91 Me. 431, 42 L. R. A. 528.
R. A. (N. S.) 1117, 126 Am. St. Rep. 125; BeauCorporations are persons within the fed- mont Traction Co. v. State, 122 S. W. 615, eral and state Constitutions, guaranteeing to 618,57 Tex. Civ. App. 605; Boone v. State, 54 all persons due process of law. Kiley v. Chi- South. 109, 110, 170 Ala. 57, Ann. Cas. 1912C, cago, M. & St. P. Ry. Co., 119 N. W. 309, 312, 1065; Portland Ry., Light & Power Co. v. 138 Wis. 215; United States v. McHie, 194 Raliroad Commission of Oregon, 109 Pac. 273, Fed. 894, 898; Lawrence v. Rutland R. Co., 274, 56 Or. 468; Arkansas Stave Co. v. State, 67 Atl. 1091, 1092, 80 Vt. 370, 15 L. R. A. (N. 125 S. W. 1001, 1003, 94 Ark. 27, 27 L. R. A. S.) 350, 13 Ann. Cas. 475; Ex parte Case, (N. S.) 255, 140 Am. St. Rep. 103; State v. 116 Pac. 1037, 1038, 20 Idaho, 128; Kansas Texas & P. Ry. Co., 143 S. W. 223, 225; Chi. Natural Gas Co. v. Haskell, 172 Fed. 545, cago, R. I. & P. Ry. Co. v. State, 111 S. W. 566 (quoting and adopting definitions in 456, 460, 86 Ark. 412; Louisville & N. R. Co. Charlotte, C. & A. R. Co. v. Gibbes, 12 Sup. v. Central Stockyards Co., 97 S. W. 778, 797. Ct. 255, 142 U. S. 386, 35 L. Ed. 1051); Chi- 133 Ky. 148; Southern R. Co. v. Greene, 49 cago, R. I. & P. Ry. Co. v. State, 111 S. W.South. 404, 409, 160 Ala. 396; Hammond 456, 460, 86 Ark. 412; American De Forest Beef & Provision Co. v. Best, 40 Atl. 338, Wireless Telegraph Ço. v. Superior Court of 340, 91 Me. 431, 42 L. R. A. 528; Huber v. City and County of San Francisco, 96 Pac. 15, Martin, 105 N. W. 1036, 1038, 127 Wis. 16, 153 Cal. 533, 17 L. R. A. (N. S.) 1117, 126 412, 3 L. R. A. (N. S.) 653, 115 Am. St. Am. St. Rep. 125; Ward Lumber Co. v. Hen- Rep. 1023, 7 Ann. Cas. 400 (citing Covington