that the personal property should be valued at a certain amount.-Id. The sole heir and subsequent administrator might compromise a claim against the estate by agreeing to pay a certain sum in consideration of the claimant's release of himself and of the estate, so as to bind his own interest in the estate.-Id. Compromise agreement, whereby surviving husband as sole heir and subsequent administrator of his wife's estate agreed to pay a claimant the funeral expenses incurred in his absence, held to amount to an assignment pro tanto of his interest in the estate.-Id. (C) Property and Rights Exempt. 50(1) (Wash.) Under Rem. & Bal. Code, § 568, touching the exemption of insurance money on exempt property, one not the head of a family or a householder when his insured premises were destroyed by fire, but who became such prior to trial of his creditor's garnishment proceeding against the insurer, was not entitled to exemptions.-Peerless Pacific Co. v. Burckhard, 155 P. 1037. EXPERIMENTS. See Criminal Law, 388. EXPERT TESTIMONY. VII. DISTRIBUTION OF ESTATE. 315 (Cal.App.) An executor held to waive informalities in proceedings resulting in a de- See Evidence, ~508–555. cree of partial distribution.-People v. Dates, 155 P. 112. VIII. SALES AND CONVEYANCES UN- (B) Application and Order. An administrator's sale of land by order of the probate court to pay debts of the estate is a "judicial sale."-Id. 337 (Or.) Under L. O. L. §§ 1254, 1255, county court's failure to allow the parties cited 10 days after the service of notice in which to make an appearance was fatal to its jurisdiction, and its order of sale, made 10 days too soon, was void.-Stadelman v. Miner, 155 P. 708. County court's order for administrator's sale of realty, void because of failure to give the no; tice required by L. O. L. §§ 1254, 1255, held not cured by Laws 1907, p. 330, § 3 (L. O. L. § 7156), and Laws 1913, p. 752, § 3.-Id. (C) Sale. EXPRESS TRUSTS. See Trusts, 12-44. FACTORS. See Brokers; Statutes, 64. 2 (Wash.) Rem. & Bal. Code, §§ 7024-7035, the Commission Merchants Act, section 7033 of which defines a commission merchant as one whose "principal" business is the sale of produce on commission, held fatally vague and defective, ant's business to be commission business to exso that information thereunder charging defendtent of 25 per cent. was properly dismissed.--State v. J. B. Powles & Co., 155 P. 774. FALSE IMPRISONMENT. I. CIVIL LIABILITY. 20(1) (Mont.) Complaint in action for false imprisonment, though ambiguous held good as against general demurrer under Rev. Codes, § 8324, defining "false imprisonment" as the unlawful violation of the personal liberty of another, and requiring the plaintiff in a civil action to show violation of personal liberty without legal justification.-Slifer v. Yorath, 155 P. 1113. 380(2) (Or.) Laws 1907, p. 330, § 3 (L. O. L. § 7156), held not to operate as a statute of limitations against the heirs of a decedent whose land had been sold at an administrator's sale,22 (Mont.) Where plaintiff made a prima so as to bar their suit to set aside the sale if facie case by testifying that he was innocently not brought within five years.-Stadelman v. and peaceably going home when wrongfully arMiner, 155 P. 708. rested, the burden was on the officer to prove good cause for believing him guilty of the commission of a felony, to justify the arrest.-Slifer v. Yorath, 155 P. 1113. in-29 (Wash.) In an action for false arrest it is competent to show the jury that the arrest was published in a newspaper, though the article itself must be excluded, in the absence of showing that defendant was responsible for its publication, if it cannot be read without introducing matter that cannot be gleaned from the charge and proceeding thereon.-Duval v. Inland Nav. Co., 155 P. 768. 389 (Or.) On holding an administrator's sale void for want of the court's jurisdiction to order such sale, the purchaser was properly given a lien upon the property for what he had paid on the price and for taxes with legal terest thereon.-Stadelman v. Miner, 155 P, 708. X. ACTIONS. 430 (Utah) An administrator acting without authority does not bind the estate, but is personally liable.-Dunn v. Wallingford, 155 P. 347. EXEMPTIONS. See Carriers, 218; Homestead; Munici- I. NATURE AND EXTENT. 39 (Mont.) Evidence in an action for false imprisonment held to show such conflict on the issue whether the arrest was justified as to present a question for the jury.-Slifer v. Yorath, 155 P. 1113. FAMILY. FEDERAL COURTS. 16 (Wash.) Under Rem. & Bal. Code, §§ 553, 565, defining the head of a family, one liv- See Work and Labor. ing with and supporting his illegitimate minor child and its mother was not the head of a family, and not entitled to exemptions from execution or attachment.-Peerless Pacific Co. v. Burckhard, 155 P. 1037. 17 (Wash.) Under Rem, & Bal. Code, §§ 553, 565, defining a householder, one living with and supporting his illegitimate minor child and its mother was not a householder, and not entitled to exemptions from execution or attachment.-Peerless Pacific Co. v. Burckhard, 155 P. 1037. See Bankruptcy, 296; Courts, 97. ACT. See Appeal and Error, 1140; Commerce, 1. FEES. FOREIGN DIVORCE. See Brokers, 43-88; Constitutional Law, See Divorce, 326–328. FILING. FINDINGS. FOREIGN JUDGMENTS. See Judgment, 818, 929. FORFEITURES. See Corporations, 605; Insurance, 327388, 755. FORGERY. See Criminal Law. 7212, 829, 882. 765, 773; Garnishment, 34(1) (Cal.App.) On a trial under an indict- See Appeal and Error, 265, 931, 1095: Master and Servant, 359-404. FINES. 12 (Ariz.) Pen. Code 1913, § 1128, authorizes a judgment of imprisonment and a fine coupled with imprisonment until fine is paid, but the imprisonment must not exceed the maximum term for the offense.-Ex parte Morris, 155 P. 299. 49 (Cal.App.) On trial for forging names of two persons, verdict held sufficient to show finding that defendant forged the name of one of such persons and uttered and passed the instrument.-People v. Cornell, 155 P. 1026. FORNICATION. 12 (Utah) In a prosecution for violation of a city ordinance, imprisonment as a mode of enforcing payment of a fine imposed cannot exceed the terms of imprisonment imposed by the ordinance as punishment in lieu of a fine. See Adultery; Prostitution. Logan City v. Steadman, 155 P. 445. 14 (Okl.) Under Rev. Laws 1910, § 6749, where a building is placed on another's lot under agreement that it shall remain personalty of the lessee and be removable, replevin may be maintained therefor by the lessee, though the lot has been sold to a third person, provided such third person has notice of the character of the improvement.-Welch v. Church, 155 P. 620. 35 (Okl.) Petition in replevin by lessee held to show that the building in controversy was personal property, removable under Rev. Laws 1910, § 6749.-Welch v. Church, 155 P. 620. FLOWAGE. See Waters and Water Courses, 171. FORCIBLE ENTRY AND DETAINER. I. CIVIL LIABILITY. 11(2) (Okl.) A notice to vacate reading, "I hereby notify you to leave the premises now unlawfully held by you," sufficiently complies with Rev. Laws 1910, § 5507, though it did not state that suit would be brought.-Cutburth v. Bell, 155 P. 1136. FORECLOSURE. See Mechanics' Liens, 281-299; Mortgages, 401-553; Railroads, 195, FRAUD. See Brokers, 65; Deeds, 70; Frauds, Statute of; Fraudulent Conveyances; Judgment, 443; Partnership, 25; Principal and Agent, 71; Release, 17; Vendor and Purchaser, 33-37. FRAUDS, STATUTE OF. See Brokers, 43. III. PROMISES TO ANSWER FOR DEBT, DEFAULT, OR MISCARRÍAGE OF ANOTHER. 23(1) (Wash.) Under complaint and testimony in plaintiff's behalf, defendant's alleged promise to pay another's debt due to plaintiff held an original promise based upon sufficient consideration to render it unaffected by the statute of frauds.-Greenbaum v. Stern, 155 P. 751. VII. SALES OF GOODS. (B) Acceptance of Part of Goods. 89 (1) (Cal.App.) An oral contract for the sale of a large quantity of gloves is taken out of the statute of frauds (Code Civ. Proc. § 1973) by delivery and acceptance of part of the order. -Merrill v. Kohlberg, 155 P. 824. VIII. REQUISITES AND SUFFICIENCY OF WRITING. 115(3) (Cal.App.) Where a memorandum of an oral contract for the purchase of a large quantity of gloves was signed by defendant, the party sought to be charged, defendant cannot defeat recovery under the statute of frauds, Code Civ. Proc. § 1973.-Merrill v. Kohlberg, 155 P. 824. 116 (Cal.) Under the statute of frauds, a written authorization to an agent to execute a lease must express within its terms the intention of the owner to confer complete authority upon the agent.-Salter v. Ives, 155 P. 84. 116 (Okl.) A contract by an agent not authorized in writing for exchange of land held not violative of Rev. Laws 1910, § 941, subsec. 5, where it was ratified by the principal by the execution of a deed.-Washington v. Colvin, 155 P. 251. X. PLEADING, EVIDENCE, TRIAL, 153 (Or.) A statement in the answer that the only writing between the parties did not meet the requirement of the statute of frauds is an affirmative plea of the statute, and does not excuse the other party from proving the allegations of his complaint.-Lueddemann v. Rudolf, 155 P. 172. FRAUDULENT CONVEYANCES. See Evidence, 419. I. TRANSFERS AND TRANSACTIONS (C) Property and Rights Transferred. 52(1) (Kan.) Creditors cannot complain if the debtor conveys her homestead to whomsoever she pleases with or without consideration.Scott v. Rodgers, 155 P. 961. GAME. See Fines; Indictment and Information, 111. 1248 4 (Colo.) The Game Law (Rev. St. 1908, § the carcass of deer during closed season a prima 2739 et seq.), which makes mere possession of facie case of violation of the act, held valid.People v. Williams, 155 P. 323. 7 (Colo.) Under Rev. St. 1908, §§ 2739, 2748, 2753, 2877, 2879, and sections 2759 and 2876, as amended by Laws 1913, pp. 279, 281, one having in his possession the carcass of any deer during the closed season is guilty of an offense which, by statute, is made a misdemeanor, being punishable by fine and imprisonment.-People v. Williams, 155 P. 323. GARNISHMENT. See Attachment. II. PERSONS AND PROPERTY SUBJECT TO GARNISHMENT. A widow's conveyance of her homestead to 59 (Wash.) Proceeds of a cashier's check two daughters, in consideration of their taking deposited by a bank with a sheriff and receiver care of her during her last sickness, held not to discharge loggers' liens in a foreclosure suit to have been made with intent to defraud cred-held not subject to garnishment on defeat of itors, or other adult children, where she was not aware of claims filed against her estate by them and allowed.-Id. the liens, where the check was not a loan to defendant, but a special deposit which was to be returned to the bank if not used to satisfy the liens.-Beaston v. Portland Trust & Sav III. REMEDIES OF CREDITORS AND ings Bank, 155 P. 162. (C) Right of Action to Set Aside Trans- 241(2) (Kan.) Lands conveyed in fraud of creditors cannot be subjected to payment of their claims until the claims have been reduced to judgment, or, if the debtor be a nonresident, until the lands have been attached.-Knox V. Farguson, 155 P. 929. (G) Evidence. 271(3) (Kan.) Where parties owning land in common divide it by making deeds, and one party has his deed made to his wife, such deed is not governed by Gen. St. 1909, §§ 9699, 9700, relating to trusts and presumption of fraud as against creditors.-Knox v. Farguson, 155 P. 929. 298(1) (Okl.) That a conveyance was made by the judgment defendant on the day on which suit was brought against him in another state held not to show fraudulent intent, entitling the judgment creditor to a decree setting aside the conveyance.-Oliver v. Morford, 155 P. 865. 299 (Cal.App.) In judgment creditor's action to set aside conveyance of husband's alleged interest in land purchased with wife's money, intent held to be determined from all the surrounding circumstances, though declarations of parties negatived any intent to give the husband an interest.-Hilborn v. Soale, 155 P. 130. Judgment setting aside conveyance to wife of husband's interest in land purchased with wife's money and conveyed to them as joint tenants held supported by evidence.-Id. FREEDOM OF SPEECH. See Constitutional Law, ~90. III. PROCEEDINGS TO PROCURE. heid, that the principal defendant was a neces85 (Okl.) Under Rev. Laws 1910, § 4824, sary party to a garnishment proceeding.-Powell v. First State Bank of Clinton, 155 P. 500. IV. WRIT OR SUMMONS AND NOTICE, SERVICE, AND RETURN. 95 (Okl.) A failure to serve the garnishee summons on the principal defendant is fatal to the court's jurisdiction.-State Nat. Bank v. Lowenstein, 155 P. 1127. 97 (Okl.) A garnishee_summons not substantially conforming to Rev. Laws 1910, § 4824, is void, and service thereof gives no jurisdiction.-State Nat. Bank v. Lowenstein, 155 P. 1127. VI. PROCEEDINGS TO SUPPORT OR ENFORCE. 141 (Okl.) The garnishee's answer is filed when deposited with the clerk, rather than when it is marked "filed": the "filing" being actual delivery to the clerk, without regard to any action he may take thereon.-State Nat. Bank v. Lowenstein, 155 P. 1127. 154 (Okl.) Under Rev. Laws 1910, § 4829, where a duly summoned garnishee fails to answer in time, the court may render judgment against him for the amount of plaintiff's judgment and for damages and costs, including costs of garnishment, without further proof of the garnishee's liability.-State Nat. Bank v. Lowenstein, 155 P. 1127. 14(1) (Kan.) Under a contract between a gas company having a city franchise and a gas company having a trunk line by means of which it furnished gas to the former, held, that the former was agent of the trunk line company in the distribution and sale of gas, and therefore subject to control of the public utilities commission in the matter of fixing rates for gas sold to consumers.-State v. Litchfield, 155 P. 814. 155 P. 610. 105 (Okl.) Where the court, under Rev. Laws 1910, § 6388, sets aside an order of confirmation and orders a resale of the ward's property, all persons thereafter dealing with the property are chargeable with notice of the orders.-Morris v. Sweeney, 155 P. 537. 107 (Okl.) Where, in an action for damages for appropriating land for right of way, the defense was that defendant's predecessor had bought the land at a guardian's sale set aside for want of payment of the bid, the judgment setting aside such sale and confirmation cannot Traction Co. v. Maddin, 155 P. 540. be collaterally attacked.-Muskogee Electric Evidence of finding in bank vault of note inclosed in envelope addressed to claimant, 18 months after the alleged gift and death of the al- VI. ACCOUNTING AND SETTLEMENT. leged donor held not to show possession of the note by the claimant, where there is no evi-163 (Okl.) The county court's approval of the final report of a guardian is ordinarily condence that he had access to the vault.-Id. clusive and impervious to collateral attack, as to all matters included in the report.-Dunleavy v. Mayfield, 155 P. 1145. Delivery of a gift must be shown by evidence other than declarations of the alleged donor.-Id. GOOD FAITH. See Specific Performance, 94. A county court's order approving final report of guardian is not an adjudication of the question of the guardian's negligence in failing to collect assets, unless the matter is covered by the report.-Id, A county court's order approving final report of guardian cannot be extended by mere intendment to matters not actually or necessarily embraced in the report and determined by the order.-Id. 164 (N.M.) A guardian, relying on an outside informal settlement with his ward, must clearly show that he made a full disclosure to the ward.-Harrison v. Harrison, 155 P. 356. That a ward has independent counsel and advice will not relieve the guardian from the duty to make a full disclosure in securing a settlement with his ward.-Id. Where a guardian settles with his ward, who is represented by counsel of his own selection, but fails to disclose facts not shown by his reports and of which the ward and his counsel have no knowledge, the settlement will be set aside unless the ward has received substantially all he was entitled to.-Id. 42 (Cal.App.) Trustees of a school district were not liable to the assignee of the contractor for a school building, who defaulted before completion, for the assigned amount of the contract price of the building, though they executed a guaranty that the amount advanced by the assignee for labor and materials should be repaid upon completion of the building out of the percentage of the contract price retained See Judges, by them.-Lynip v. Alturas School Dist. of Modoc County, 155 P. 109. GUARANTY INSURANCE. See Insurance, 434. GUARDIAN AND WARD. III. CUSTODY AND CARE OF WARD'S 33 (Okl.) Where a ward's moneys are lost through the guardian's failure to use reasonable care to collect same, the guardian is liable. Dunleavy v. Mayfield, 155 P. 1145. A guardian is liable not only for that part of the estate coming into his hands, but for such part thereof as he might have obtained with ordinary diligence.-Id. 44 (Okl.) Under Const. art. 7, §§ 11, 13, and Rev. Laws 1910, §§ 3330, 6547, 6569, the county court may authorize a guardian of a minor to execute an oil and gas lease on the minor's property for a period extending beyond the ward's minority.-Cabin Valley Mining Co. v. Hall, 155 P. 570. IV. SALES AND CONVEYANCES UN- HABEAS CORPUS. I. NATURE AND GROUNDS OF (Mont.) Classification of habeas corpus under title "Special Proceedings of a Criminal Nature" in Rev. Codes, § 9630 et seq., does not determine nature of such proceedings as criminal, in view of section 3562, subd. 3.-State v. Clements, 155 P. 271. 3 (Kan.) The Supreme Court will not discharge on habeas corpus a petitioner whose cause is pending below, where all objections to the proceedings can be urged.-Ex parte Will, 155 P. 934. II. JURISDICTION, PROCEEDINGS, 85 (Cal.App.) The judge of the superior court who committed petitioner to the state hospital having jurisdiction of the subject-matter and of the person of the petitioner, it is assumed on collateral attack by habeas corpus that proceedings were regular.-Ex parte O'Connor, 155 P. 115. 92 (Cal.App.) The sole question in habeas corpus is whether the order, judgment, adjudication, or process attacked is within jurisdiction of the tribunal making, granting, or issuing it. ≈101 (Okl.) Under Rev. Laws 1910, § 6388.-Ex parte O'Connor, 155 P. 115. where the purchaser, at a guardian's sale, fails to comply with the terms of sale, the court may, after notice to the purchaser, order a resale.Morris v. Sweeney, 155 P. 537. HABITUAL DRUNKARDS. See Drunkards. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER HARMLESS ERROR. See Appeal and Error, 184 (Wash.) In action for causing death, evidence held to present questions for jury 1027-1073; Crimi- whether driver of automobile ran down decedent I. ESTABLISHMENT, ALTERATION, AND DISCONTINUANCE. (A) Establishment by Prescription, User, or Recognition. 6(1) (Idaho) Where a strip of land which a landowner in fencing leaves for a public road is used for public travel for five years or more, the public acquires a prescriptive right thereto.-State v. Berg, 155 P. 968. 7(2) (Idaho) That the public might acquire a prescriptive right to a road, it was not essential that the county do work on the road where work was not needed to keep the road in repair or put it in condition for travel.-State v. Berg, 155 P. 968. 17 (Idaho) Evidence in a prosecution for obstructing a public road held to show that the public had acquired a prescriptive right to the road.-State v. Berg, 155 P. 968. V. REGULATION AND USE FOR TRAVEL. while standing still, or whether he moved from place of safety in front of automobile.-Stephenson v. Parton, 155 P. 147. An instruction that if, while decedent was standing in the highway without changing his position, defendant negligently drove her automobile against him, she was negligent was not erroneous as placing burden of avoiding accident on defendant, and exonerating decedent from care.-Id. An instruction that if decedent was leaving his vehicle in the highway and was run into by an automobile without negligence on his part and as the result of negligence of defendant, plaintiff would be entitled to a verdict held not confusing.—Id. See Sunday. HOLIDAYS. HOMESTEAD. See Fraudulent Conveyances, 52; Public I. NATURE, ACQUISITION, AND EXTENT. To constitute a family within the homestead exemption law, there must be a social status and head entitled to direct the household and under obligation to support the other members and a state of at least partial dependence of the other members on this support.-Id. (A) Obstructions and Encroachments. 164(4) (Idaho) Under the evidence in a 18 (Okl.) To constitute one the "head of a prosecution for obstructing a public road, held, family" so as to be entitled to a homestead exthat whether defendant in building a fence sev-emption, there must be others than himself, eral years before had left the land open for a public road was for the jury.-State v. Berg, 155 P. 968. (B) Use of Highway and Law of the Road. who with him form the family and are legally dependent upon him, and whom he is obliged to care for.-Union Trust Co. v. Cox, 155 P. 206. (D) Property Constituting Homestead. ←172(1) (Okl.) The driver of an automobile59 In determining the degree of care required in the operation of an automobile, the speed of the machine, its size, appearance, manner of movement, danger of operating it, and the like will be considered.-Id. Where the driver of an automobile needlessly and recklessly runs his car into a horse being ridden on the highway, thereby injuring the horse, he is liable.-Id. 173 (Wash.) It is negligence for the driver of an automobile to run upon a person standing still in the highway, where there is room to avoid him.-Stephenson v. Parton, 155 P. 147. One in a place of safety, who steps in front of an automobile where there is no chance to avoid being struck, is negligent.-Id. (Cal.) A resident on a pre-emption of tiguous tracts held under other 'title.-Bell v. government land may include in homestead, conWilson, 155 P. 625. character of the claimant's title, a mere naked A homestead right does not depend on the possession being sufficient to support it.-Id. 81 (Cal.) A debtor may maintain homestead rights on public lands of the United States against all the world, but the owner of the superior title.-Bell v. Wilson, 155 P. 625. (E) Liabilities Enforceable Against Homestead. 97 (Kan.) Const. art. 15, § 9, providing that no property shall be exempt from sale for payment of obligations contracted for erecting improvements on a homestead, held not to apply to a claim for materials furnished for a homeThe last clear chance doctrine applies where stead, but not actually used for that purpose.— the driver of an automobile saw a person stand-Wichita Acetylene Mfg. Co. v. Haughton, 155 ing in the highway and blew her horn at a P. 1078. distance of 200 or 300 yards, and then made no further effort to avoid him.-Id. 184(4) (Kan.) Evidence in an action for injuries from collision between plaintiff's buggy and defendant's automobile, held to authorize instructing on the law of the road governing the managing of vehicles when the driver of one which is behind intends to pass the other. -Hoffman v. Charlett, 155 P. 953. II. TRANSFER OR INCUMBRANCE. 117 (Okl.) Since under Const. art. 12, §§ 1, 2, the wife alone cannot alienate the homestead by an express contract, she cannot do so by parol declarations or silence, or any positive act or failure to act.-Cherokee Nat. Bank v. Riley, 155 P. 1140. |