DETERMINED IN

THE SUPREME COURT

OF THE

STATE OF CALIFORNIA,

AT THE

OCTOBER, 1870, AND JANUARY, 1871, TERMS.

R. AUG. THOMPSON,

REPORTER.

VOLUME 40

SAN FRANCISCO:

BANCROFT-WHITNEY COMPANY,

LAW PUBLISHERS AND LAW BOOKSELLERS.

1886.

copy 2

Entered according to Act of Congress, in the year 1872, by SUMNER WHITNEY AND A. L. BANCROFT & COMPANY, In the office of the Librarian of Congress, at Washington.

JUSTICES QUALIFIED IN 1872:

A. C. NILES, VICE TEMPLE; ISAAC S. BELCHER, VICE SPRAGUE, DECEASED.