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See Associations, § 26; Carriers, §§ 132, 134, 217, 218, 254-384; Corporations, §§ 507-518; Executors and Administrators, §§ 431, 447; Husband and Wife, § 221; Partnership, 204; Principal and Agent, §§ 189, 190; Railroads, § 400.

Gas companies, see Gas, § 20.

Heirs or legal representatives, see Descent and Distribution, § 89.

Taxpayers, see Municipal Corporations, § 995. Actions relating to particular species of property or estates. Community property, see Husband and Wife, § 270. Mining locations, see Mines and Minerals, § 38.

Particular causes or grounds of action. See Assault and Battery, §§ 24-40; Bills and Notes, §§ 493-534; Forcible Entry and Detainer, §§ 16, 24; Insurance, § 645; Libel and Slander, § 86; Malicious Prosecution, §§ 71, 72; Negligence, §§ 113-142; Nuisance, §§ 72, 73; Trespass; Trover and Conversion, §§ 3266; Work and Labor.

Bail bond, see Bail, § 89.

Bond in attachment, see Attachment, § 343. Bond of contractor with state, see States, §

109.

Breach of contract, see Contracts, §§ 325-346; Sales, 384.

Breach of covenant, see Covenants, §§ 108, 127. Breach of warranty, see Sales, §§ 428, 440. Compensation of agent, see Principal and Agent, § 89.

Compensation of sheriff or deputy, see Sheriffs and Constables, § 74.

Election contest, see Elections, §§ 285, 286.
Injuries caused by defective condition of street,
see Municipal Corporations, §§ 816-821.
Injuries from gas, see Gas, § 20.
Injuries from negligent use of highway, see
Highways, 184.

Injuries to passenger, see Carriers, §§ 318-321. Injuries to persons on or near railroad tracks, see Railroads, § 400.

Injuries to servant, see Master and Servant, §§

252-295.

Loss of or injury to goods shipped, see Carriers, §§ 132, 134.

Pollution of stream, see Waters and Water Courses, 74.

Pollution of waters by agent, see Principal and Agent, § 159.

Price of goods, see Sales, § 353.

Recovery of land sold by vendor, see Vendor and Purchaser, §§ 278-298.

Recovery of price paid for land, see Vendor and Purchaser, §§ 334, 341. Services, see Master and Servant, § 80; Work and Labor.

Taking of or injury to property in exercise of power of eminent domain, see Eminent Domain, §§ 266-303.

Wages, see Master and Servant, § 80. Wrongful ejection of passenger, see Carriers, §§ 381-384.

Wrongful injunction, see Injunction, § 261.

Particular forms of action.

See Action on the Case; Ejectment; Replevin; Trover and Conversion.

Particular forms of special relief. See Divorce; Injunction; Quieting Title; Specific Performance.

Accounting by guardian, see Guardian and
Alimony, see Divorce, § 223.
Ward, 146.

Cancellation of written instrument, see Can

cellation of Instruments.

Confirmation of tax title, see Taxation, §§ 805814.

Determination and establishment of

rights, see Waters and Water Courses, § 152. Determination of adverse claims to real property, see Quieting Title. Determination of conflicting mining claims, see Mines and Minerals, § 38. Enforcement drainage assessment, Drains, § 90.

of

see

Enforcement of pledge, see Pledges, § 58. Establishment and enforcement of charity, see Charities, & 48.

Establishment and protection of water rights, see Waters and Water Courses, § 247. Establishment of boundaries, see Boundaries, §§ 35-53.

Foreclosure of landlord's lien, see Landlord and Tenant, § 258.

Foreclosure of mortgage, see Mortgages, §§ 427-588.

Redemption from mortgage, see Mortgages, § 611.

Reformation of written instrument, see Reformation of Instruments.

Removal of cloud on title, see Quieting Title. Restraining abstraction of waters, see Waters and Water Courses, § 209. Restraining use of percolating waters, see Waters and Water Courses, § 107.

Setting aside assessment for public improvements, see Municipal Corporations, § 513. Setting aside fraudulent conveyance, see Fraudulent Conveyances, §§ 295–299.

Trial of tax title, see Taxation, §§ 805-814. Vacation of decree of divorce, see Divorce, § 167.

Particular proceedings in actions.

See Continuance; Costs; Damages; Deposi-
tions; Evidence; Execution; Judgment; Ju-
dicial Sales; Jury; Limitation of Actions;
Parties; Pleading; Process; Stipulations;
Default, see Judgment, §§ 98-161.
Trial; Venue.
Nonsuit, see Trial, §§ 159, 165.
Notice of action, see Process, § 99.

Offer of judgment, see Judgment, §§ 80, 81.
Verdict, see Trial, §§ 335-352.

Particular remedies in or incident to actions.
See Arrest, §§ 22-28; Attachment; Injunction;
Receivers; Set-Off and Counterclaim; Ten-
der.

Stay of proceedings, see Appeal and Error, § 485.

Proceedings in exercise of special or limited jurisdictions.

Courts of limited jurisdiction in general, see
Courts, 169.

Criminal prosecutions, see Criminal Law.
Suits in equity, see Equity.

Suits in justices' courts, see Justices of the
Peace, 71.

Review of proceedings. See Appeal and Error; Certiorari; Exceptions, Bill of; Justices of the Peace, §§ 141-171; New Trial.

II. NATURE AND FORM.

27. Under Code Civ. Proc. § 10 (Gen. St. 1901, 4438), all distinctive forms of civil action are abolished.-Cockerell v. Henderson (Kan.) 443.

§ 32. Whether an action is an action for "trespass" upon real property depends upon what was deemed trespass at the common law. Welch v. Seattle & M. R. Co. (Wash.) 166.

III. JOINDER, SPLITTING, CONSOLIDATION, AND SEVERANCE.

§ 45. In an action against a warehouseman for loss of goods, held competent to set up the cause of action in two counts, one upon an express agreement, and the other upon an implied undertaking.-Locke v. Wiley (Kan.) 11.

§ 45. Causes of action for reformation and specific performance of the reformed instrument may be joined.-Fletcher v. Painter (Kan.) 500. § 53. Each of the wards of a guardian held entitled to maintain a separate action against the guardian's administrators for the recovery of a separate share of the estate, though they had designated themselves as joint claimants in filing their claims with the administrators.Miller v. Ash (Cal.) 600.

§ 7. Under Comp. Laws 1907, §§ 4731, 4732, an indictment charging a married woman with adultery by feloniously "permitting" M. to have carnal knowledge of her held sufficient.-State v. Moore (Utah) 293.

12. Admissions by accused in a prosecution for adultery held sufficient to prove the fact of marriage.-State v. Moore (Utah) 293. ADVANCES.

By landlord to tenant, see Landlord and Ten ant, §§ 258, 262.

ADVERSE CLAIM.

Right to open and close in statutory action to determine, see Trial, § 25. To real property, see Quieting Title.

ADVERSE POSSESSION.

See Limitation of Actions.

IV. COMMENCEMENT, PROSECUTION, Title by, as against minors, see Infants, § 24.

AND TERMINATION.

I. NATURE AND REQUISITES.

(B) Actual Possession.

§ 66. Code Civ. Proc. § 473, authorizes re-
lief against defaults for failure to perform acts
within the time prescribed resulting from both
§ 16. Occupancy to a division fence for 40
mistakes of fact and law.-Mitchell v. Califor-years held to vest title by adverse possession.--
nia & O. C. S. S. Co. (Cal.) 590.
Bayhouse v. Urquides (Idaho) 1066.

§ 66. Code Civ. Proc. § 473, authorizing relief from defaults caused by mistake, inadvertence, surprise, or excusable neglect, is to be liberally construed.-Mitchell v. California & O. C. S. S. Co. (Cal.) 590.

ACTION ON THE CASE.

(F) Hostile Character of Possession. § 66. Occupancy to a division fence, though erected by mistake as to the true boundary line, held to constitute adverse possession.Bayhouse v. Urquides (Idaho) 1066.

§ 66. Facts held to establish defendant's claim of adverse possession up to the line of Limitation of actions, see Limitation of Ac- a fence constructed by him.-Davies v. Wicktions, § 39. strom (Wash.) 454.

§ 1. "Action on the case" defined.-Welch v. Seattle & M. R. Co. (Wash.) 166.

ADJOINING LANDOWNERS.

See Boundaries; Party Walls.

ADJUDICATION.

In insolvency, see Insolvency, § 22.

Of courts in general, see Courts, § 97.

(G) Payment of Taxes.

90. Payment of taxes on a lot described by number with which a disputed strip embraced within a boundary fence maintained for 40 years had been inclosed held a payment of taxes on the strip under Rev. Codes, § 4043.-Bayhouse v. Urquides (Idaho) 1066.

ADVERTISEMENT.

Operation and effect of former adjudication, see Publication of process, see Process, § 99.

Judgment, §§ 570, 631, 652-744.

ADMINISTRATION.

Of charity, see Charities, § 48.

Restraining publication of advertisements for sale of liquor, see Injunction, § 102.

Of estate of decedent, see Executors and Ad- See Depositions. ministrators.

Of estate of insolvent, see Insolvency, § 82.

ADMISSIONS.

As evidence in civil actions, see Evidence, §§ 222, 226.

As evidence in criminal prosecutions, see Criminal Law, §§ 406-420.

In pleading, see Pleading, §§ 121, 126.
Judgment on, see Judgment, §§ 80, 81.

ADULTERY.

AFFIDAVITS.

Particular proceedings or purposes.

Arrest in civil actions, see Arrest, §§ 22-28. Motion for new trial, see New Trial, § 153. Opening default judgment, see Judgment, § 159. Verification of pleading, see Pleading, §§ 294, To quash attachment, see Attachment, § 246.

301.

AGENCY.

See Principal and Agent.

Statements to sheriff for purpose of keeping rec- See Contracts. ord as confession, see Criminal Law, § 516.

§ 4. The obtaining of a divorce by the wife of an accused charged with adultery held not to deprive the court of the power to try him under Wilson's Rev. & Ann. St. 1903, § 2264, requiring the prosecution to be carried on against the husband by his wife.-Ex parte Cranford (Okl. Cr. App.) 367.

AGREEMENT.

AGRICULTURE.

Board of agriculture as board of regents of state agricultural and mechanical college, see Colleges and Universities, § 7.

Irrigation, see Waters and Water Courses, §§ 244-263.

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Pleading performance of conditions by plaintiff in action to recover premium offered by state board of agriculture, see Contracts, § 335. Powers as to contracts for buildings, see States, § 101.

Property in crops, see Crops.

§ 2. The State Board of Agriculture, under Laws 1899, p. 208 (B. & C. Comp. §§ 41354147), held to be a corporation which may be sued, and not a branch of the state government. Tongue v. State Board of Agriculture (Or.) 250.

AIDER BY VERDICT.

In civil actions, see Pleading, § 433.

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In particular remedies or special jurisdictions. On appeal or writ of error, see Appeal and Error, $$ 889-895.

Of particular acts, instruments, or proceedings. See Indictment and Information, § 161. Abstract on appeal or writ of error, see Appeal and Error, § 590.

By-laws of reclamation district, see Drains, § 18.

Certificate of mining location, see Mines and Minerals, § 21.

Pleading, see Pleading, §§ 236-259.

See Game.

ANIMALS.

Carriage of live stock, see Carriers, §§ 217, 218. Injuries from operation of railroads, see Railroads, § 411.

Stabling and hiring of horses, see Livery Stable Keepers.

§ 95. Landowner whose property was injured by trespassing animals, who sues to recover the damages, under Laws 1903, p. 43, c. 1, art. 1, § 11, waives any lien that might have attached to the stock by distrainment as against a prior chattel mortgage.-Ellis v. Smith (Okl.) 653.

ANNEXATION.

Of territory to municipal corporation, see Municipal Corporations, § 35.

ANSWER.

In pleading, see Pleading, §§ 121, 126.

APPEAL AND ERROR.

See Certiorari; Exceptions, Bill of; New Trial. Appellate jurisdiction of particular courts, see Courts, 88 205-2402.

Construction of appeal bond, see Bonds, § 50. Costs, see Costs, §§ 232-264.

Power to make rules governing appeals, see Courts, § 80.

Remedy by appeal as bar to certiorari, see Certiorari, § 5.

Review in particular civil actions.

See Divorce, § 184.

Review in special proceedings.

Alteration of highway, see Highways, § 72. Condemnation proceedings, see Eminent Domain, § 262.

Contempt proceedings, see Contempt, § 66.
Election contests, see Elections, § 305.
Probate proceedings, see Wills, § 386.
Proceedings for establishment of reclamation
district, see Drains, § 2.

Review of criminal prosecutions. See Criminal Law, §§ 1018-1188; Homicide, §§ 338, 340.

Review of proceedings of justices of the peace.
See Justices of the Peace, §§ 141-171.
Review of proceedings of nonjudicial officers or
bodies.

Assessment of taxes, see Taxation, §§ 459-493. Corporation commission, regulations of railroads, see Railroads, § 9.

I. NATURE AND FORM OF REMEDY. Certiorari to review refusal to dismiss appeal, see Certiorari, § 28.

II. NATURE AND GROUNDS OF AP-
PELLATE JURISDICTION.
On appeal from justice's court, see Justices of
the Peace, § 141.

III. DECISIONS REVIEWABLE. (C) Amount or Value in Controversy. § 45. Under Const. art. 4, § 4, a judgment Record on appeal or writ of error, see Appeal for $30 for stock killed by a train on a logging and Error, §§ 635-655. road held not appealable when the issue is whether the road is a railroad within the act of

Tax deed, see Taxation, § 769.

Transcript on appeal or error, see Appeal and 1903 (Laws 1903, p. 332, c. 158).-Sherman v. Error, 653.

AMOUNT IN CONTROVERSY.

Eastern & Western Lumber Co. (Wash.) 166. (D) Finality of Determination. § 66. A case cannot be brought to the SuJurisdictional amount, see Appeal and Error, § preme Court on appeal piecemeal.-Hays v. O'Brien (Wash.) 162.

45.

(E) Nature, Scope, and Effect of Decision. § 91. An order refusing to vacate a temporary injunction held a final order, affecting a substantial right in a special proceeding, and on writ of error under Rev. St. 1899, §§ 4247, 4249.-Anderson v. Englehart (Wyo.) 571.

§ 113. The Supreme Court may review the refusal to set aside a default judgment.-Thompson v. Crescent Mill & Elevator Co. (Colo.) SSO. § 113. An order vacating a judgment is not appealable under any of the provisions of Ballinger's Ann. Codes & St. § 6500.-Hays v. O'Brien (Wash.) 162.

§ 119. An order denying plaintiff's application for costs in a suit for divorce is appealable.-Stewart v. Stewart (Cal.) 955.

V. PRESENTATION AND RESERVATION IN LOWER COURT OF GROUNDS OF REVIEW.

(A) Issues and Questions in Lower Court. § 171. Defendants in error, having procured the dismissal of an appeal from probate on one ground, could not sustain it in the Supreme Court on another ground, except for want of jurisdiction.-Queen Ins. Co. of America v. Cotney (Okl.) 651.

173. Buyer suing for the price of goods, who alleged a breach of warranty of quality and elected to repudiate the transaction, hold ing the goods subject to the seller's order, could not pending appeal change the character of the goods, and seek in the Supreme Court to recoup for damages for breach of warranty.Konnerup v. Allen (Wash.) 639.

(B) Objections and Motions, and Rulings

Thereon.

Preliminary to appeal in proceedings to set aside homestead, see Homestead, § 150.

$193. A petition in a proceeding to revoke the appointment of an administrator and appoint petitioner in his place held sufficient, in the absence of any objection in the court below. In re Koller's Estate (Mont.) 549.

§ 193. On writ of error to review a default judgment, an objection that the petition is insufficient to show a cause of action, and that it alleges only conclusions of law, may be reviewed though not taken below.-Leforce v. -Haymes (Okl.) 644.

$194. An exception to the instructions covering issues joined without an objection to a misjoinder of defenses is insufficient to raise such objection on writ of error.-Kaufman v. Boismier (Okl.) 326.

$195. Refusal to allow plaintiff to amend his amended complaint held not shown by the record to be error.-Marsh v. Lott (Cal.) 968.

§ 203. An objection to the reading of a deposition cannot be reviewed, where no ground for the objection was stated at the trial.Greenlaw Lumber & Timber Co. v. Chambers (Colo.) 1091.

$230. Misconduct of counsel is not reviewable where neither objection nor exception was taken at the time and it was raised for the first time on motion for new trial.-Kaufman v. Boismier (Okl.) 326.

§ 231. Where complaint is made that instructions were erroneous, counsel should point out the error definitely.-Elsom v. Moore (Cal. App.) 271.

$232. Appellant is confined on review to the objections to evidence made by him on the trial. Fagan v. Lentz (Cal.) 951.

(C) Exceptions.

on error, though no exception was taken.-International Harvester Co. of America v. Cameron (Okl.) 189.

§ 248. Errors apparent on the judgment roll or record of a cause will be considered by the Supreme Court, though no exceptions were taken in the trial court.-Stone v. Clogston (Okl.) 642.

§ 248. A ruling to which no exception was saved will not be considered on appeal.-Hewitt v. Huffman (Or.) 98.

§ 262. Necessity of exception to improper granting of a nonsuit prior to the amendment of Code Civ. Proc. § 647, by Laws 1909, p. 586, c. 355, stated.-Smith v. Hyer (Cal. App.) 787.

§ 262. Necessity of specifying improper granting of a nonsuit as ground for new trial prior to the amendment of Code Civ. Proc. § 647, by Laws 1909, p. 586, c. 355, stated.-Smith v. IIyer (Cal. App.) 787.

ble case are not necessary, where findings of $265. Though findings of fact in an equitathey must be excepted to.-Yakima Grocery Co. fact have been made, to be reviewed on appeal, v. Benoit (Wash.) 476.

$273. A general exception, after finding of fact. "to all of which plaintiffs except and their exception is allowed," is insufficient to bring up for review any question upon the evidence.Yakima Grocery Co. v. Benoit (Wash.) 476.

(D) Motions for New Trial.

$281. Under Rev. St. 1899, § 3746, Supreme Court rule 13 (104 P.) held not to site to the review of an order refusing to disrequire a motion for a new trial as a prerequisolve a temporary injunction.-Anderson v. Englehart (Wyo.) 571.

§ 291. A motion for a new trial is necessary to a re-examination of the facts in a case where a verdict for defendant is rendered on plaintiff's testimony by direction of the court.-Heinz v. Consumers' Light, Heat & Power Co. (Kan.)

527.

$ 301. On appeal from an order denying a motion for a new trial, the reviewing court is limited in its review to the grounds on which such motion was based.-Fagan v. Lentz (Cal.) 951.

VI. PARTIES.

$323. The absence of a party to a joint judgment who will necessarily be affected by a reversal thereof defeats the jurisdiction on appeal.-Hughes v. Rhodes (Okl.) 650.

VII. REQUISITES AND PROCEEDINGS FOR TRANSFER OF CAUSE. Appeal from justices' courts, see Justices of the Peace, $ 159, 160.

(A) Time of Taking Proceedings.

§ 338. Under Civ. Code 1909, § 754, and rule 4 of the Supreme Court (104 P.), petition in error filed before May 29, 1909, will be governed by the law in force prior to that time.Whitney v. Spring River Power Co. (Kan.) 223; Dill v. Capell (Kan.) 224.

$340. An appeal being taken within 60 days. after entry of judgment, the bill of exceptions may be considered on the point that the evidence does not support the findings on which the judgment rests.-Russell v. Banks (Cal. App.) 261.

$347. Under Ballinger's Ann. Codes & St. $ 6502 (Pierce's Code, § 1049), the 90 days within which an appeal from a final judgment may $248. Where an error is apparent on the be taken runs from the date of the entry of judgment roll or record, it will be considered judgment.-Lindsay v. Scott (Wash.) 462.

§ 351. Under B. & C. Comp. § 549, subds. 2, 4, an appeal is perfected five days from the serving of the bond on appeal, rather than at the time the bond is actually filed.-Burchell v.burg Lead Mining Co. (Idaho) 60. A. H. Averill Machinery Co. (Or.) 403.

§ 530. Memorandum of costs and motion to retax held not properly a part of the record on appeal from a final judgment.-Keane v. Pitts

§ 356. Where more than a year intervened between the final order dismissing the cause and the filing of the petition, appeal will be dismissed, under Wilson's Rev. & Ann. St. 1903, § 4748.-Sumner v. Sherwood (Okl.) 642.

(C) Payment of Fees or Costs, and Bonds or Other Securities.

Construction of appeal bond, see Bonds, § 50. Legislative power to regulate giving of appeal bonds, see Constitutional Law, § 50.

(D) Contents, Making, and Settlement of Case or Statement of Facts.

tion of the time as first extended has expired be§ 564. A case settled and signed after expirafore the granting of a second extension held void. -Bray v. Bray (Okl.) 200.

(E) Abstracts of Record.

§ 581. An abstract of record is fatally defective where it does not contain a copy of the judgment, notice of appeal, proof of service thereof, or the undertaking on appeal, as required by B. & C. Comp. § 553.-Burchell v. A. H. Averill Machinery Co. (Or.) 403.

§ 373. As a new or alternative method of taking appeals without filing bonds is provided by St. 1907, p. 750, c. 408, an appeal evidently taken under the former exclusive method is suf-§ ficient under the alternative method recently adopted, though no bond was filed.-Russell v. Banks (Cal. App.) 261.

$ 377. An appeal bond held to only bind the surety to answer for a judgment against an individual appellant, and not against a corporation coappellant, so that the appeal was properly dismissed as to the latter.-Bergevin v. Wood (Cal. App.) 935.

$384. An appeal bond on appeal to the Court of Appeal held not void because reciting by mistake that the appeal was to be taken to the Supreme Court, especially in view of Const. art. 6, § 4.-Pacific Paving Co. v. Verso (Cal. App.) 136.

§ 391. It is no objection to the sufficiency of an appeal where a good bond has been filed and approved that the sureties on a prior bond would not be liable in view of Code Civ. Proc. § 954.Pacific Paving Co. v. Verso (Cal. App.) 136.

§ 391. Appellant could not file a new appeal bond in the superior court after the appeal had been dismissed by it because of the insufficiency of the appeal bond filed.--Bergevin v. Wood (Cal. App.) 935.

IX. SUPERSEDEAS OR STAY OF PRO-
CEEDINGS.

$485. Judgment debtor held not entitled to have transcripts of the judgments in various counties canceled because of the pendency of a writ of error which had been made supersedeas. Civ. Code, § 388.-Whitehead v. Lynn (Colo.) 1080.

X. RECORD AND PROCEEDINGS NOT
IN RECORD.

553, that the abstract of record shall contain $590. The requirements of B. & C. Comp. certain matters, is jurisdictional, and those matters cannot be supplied by amendment.-Burchell v. A. H. Averill Machinery Co. (Or.) 403. (F) Making, Form, and Requisites of Transcript or Return.

$598. Under Code Civ. Proc. § 953a, relating to the alternative method of appeal by transcript, the clerk held not authorized to send up to the appellate court original files.-Waterbury v. Temescal Water Co. (Cal. App.) 940. (H) Transmission, Filing, Printing, and

Service of Copies.

§ 622. The time allowed by Ballinger's Ann. Codes & St. § 5062 (Pierce's Code, § 679), for the filing of a proposed statement of facts, or bill of exceptions, runs from the entry of judgment.-Lindsay v. Scott (Wash.) 462.

§ 627. Failure to file the transcript or abstract of record on appeal within 30 days after perfecting the appeal as required by B. & C. Comp. § 553, is fatal.-Burchell v. A. H. Averill Machinery Co. (Or.) 403.

§ 630. The withdrawal of a statement of facts filed without service, refiling and serving the same under the order of court, held not a ground for dismissing the appeal.-Weatherall v. Weatherall (Wash.) 822.

(I) Defects, Objections, Amendment, and Correction.

$635. Proceeding in error on case-made dismissed for insufficiency of record.-Ft. Smith & W. R. Co. v. State Nat. Bank of Shawnee (Okl.) 647.

§ 635. No appeal may be dismissed by reason of omission of testimony from case-made On appeal from justice's court, see Justices of until an opportunity for correction has been the Peace, § 164. allowed.

(A) Matters to be Shown by Record. § 499. To predicate error upon a refusal to allow argument, the record should affirmatively show that permission was refused.-Dent v. Simpson (Kan.) 542.

§ 501. Necessity of showing by bill of exceptions that exception was taken to the improper granting of a nonsuit prior to the amendment of Code Civ. Proc. 8 647, by Laws 1909, p. 586. c. 355, stated.-Smith v. Hyer (Cal. App.) 787.

(B) Scope and Contents of Record.

§ 516. The rules of the trial court are a part of the record of every cause tried therein. Stone v. Clogston (Okl.) 642.

§ 528. A respondent held precluded by waiver from objecting on appeal to consideration of bill of exceptions. Rev. Codes, § 6796.-Kenyon-Noble Lumber Co. v. School Dist. No. 4 of Gallatin County (Mont.) 551.

England Bros. v. Young (Okl.) 654. § 638. The filing of but one statement of facts in two cases that were tried together held not a ground for dismissing the appeal.Weatherall v. Weatherall (Wash.) 822.

$640. The transcript on appeal taken under Code Civ. Proc. § 941b, held required to conform to court rule 7 (78 P. ix).-Reclamation Dist. No. 70 v. Sherman (Cal. App.) 277.

omitted therefrom, it may, by the order of the § 653. In a case-made, if any evidence is Supreme Court, be incorporated therein, under the direction of the trial judge, under Sess. Laws 1905, p. 322, c. 28, art. 4, § 1.-England Bros. v. Young (Okl.) 654.

§ 653. Defects or errors in a transcript or abstract when not of a jurisdictional character are, as a general rule, amendable in the discretion of the court.-Burchell v. A. H. Averill Machinery Co. (Or.) 403.

§ 655. Though the statute does not require a formal motion for a new trial, where it is filed

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