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JUDICIAL POWER.

See Constitutional Law, §§ 67, 70.

JUDICIAL SALES.

Of property of decedent, see Executors and Administrators, § 367.

§ 40. Great inadequacy of price, accompanied by slight circumstances indicating unfairness, held sufficient to justify the setting aside of a judicial sale.-Roger v. Whitham (Wash.) 628.

JURISDICTION.

Amount in controversy, see Appeal and Error, $45.

Want of as ground for collateral attack on judgment, see Judgment, § 490.

Jurisdiction of particular actions or proceedings.

side of the township cannot be conferred on justices of the peace by agreement.-Leiber v. Argaubright (Okl.) 341.

V. REVIEW OF PROCEEDINGS.

(A) Appeal and Error.

§ 141. On appeal from a justice's judgment, held, that the district court could look only to the transcript to determine whether Rev. St. 1898, §§ 3744, 3748, had been complied with.State v. Third Judicial Dist. Court of Salt Lake County (Utah) 105.

§ 159. Affidavits held not to show a compliance in fact with Rev. St. 1898, §§ 3744, 3748, relating to the filing and service of notice of appeal and undertaking on appeal.-State v. Third Judicial Dist. Court of Salt Lake County (Utah) 105.

§ 160. Evidence held to show that the filing of notice of appeal from a justice's judgment did not in fact precede the service of the notice as required by Rev. St. 1898, § 3744.-State v. Third Judicial Dist. Court of Salt Lake County (Utah) 105.

See Forcible Entry and Detainer, § 16; Habeas
Corpus, 88 85-113; Insolvency, § 16; Man-
damus, 151; Prohibition, §§ 17, 29.
Criminal prosecutions, see Criminal Law, § 83. § 164. On appeal from a justice's judgment,
Special jurisdictions and jurisdictions of partic-held, that the district court could look only to

ular classes of courts.

Appellate jurisdiction, see Criminal Law, § 1018. Particular courts, see Courts.

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Questions for jury in criminal prosecutions, see Criminal Law, §§ 757, 759.

Taking case or question from jury at trial, see Trial, 88 139-178.

the transcript to determine whether Rev. St. State v. Third Judicial Dist. Court of Salt 1898, §§ 3744, 3748, had been complied with.Lake County (Utah) 105.

§ 171. An action commenced in the justice's court cannot be tried anew in the superior court unless the issues of fact have been tried in the justice's court.-Lewis v. Superior Court of Butte County (Cal. App.) 763.

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Verdict in civil actions, see Trial, §§ 335-352. Of homicide, see Homicide, §§ 116, 117.
Verdict in criminal prosecutions, see Criminal

Law, §§ 875-887.

II. RIGHT TO TRIAL BY JURY.

KNOWLEDGE.

Actual or constructive knowledge, see Notice.

Deprivation of right to trial by jury as ground By servant of defect or danger, see Master and

for new trial, see New Trial, § 26.

§ 14. An action by owners of tide lands to enjoin defendants from entering upon them, being of equitable.cognizance, was properly tried by the court, in view of Ballinger's Ann. Codes & St. §§ 4966, 4967 (Pierce's Code, §§ 358, 359). -Palmer v. Peterson (Wash.) 179.

§ 25. The court in its discretion may permit a demand for a jury to be made after the case is called to be set for trial, notwithstanding Act March 6, 1903 (Laws 1903, p. 50, c. 43)-Sholin v. Skamania Boom Co. (Wash.)

632.

IV. SUMMONING, ATTENDANCE, DISCHARGE, AND COMPENSATION.

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LANDLORD AND TENANT.

Invalidity of statutory provisions as ground for Admissibility of offer to purchase on question of

habeas corpus, see Habeas Corpus, § 32.

JUSTICES OF THE PEACE.

III. CIVIL JURISDICTION AND AUTHORITY.

Power to suspend attorney from practice, see Attorney and Client, § 36.

IV. PROCEDURE IN CIVIL CASES.

71. Under Wilson's Rev. & Ann. St. 1903, §§ 6664, 6665, jurisdiction to try causes out

value of property converted by landlord, see Evidence, § 113.

Landlord as person concluded by judgment, see Judgment, § 684.

Outstanding lease as breach of covenant against incumbrance, see Covenants, §§ 39, 96, 108. 127.

Part performance of oral lease within statute of frauds, see Frauds, Statute of, § 129. Persons entitled to payment of award in condemnation of demised premises, see Eminent Domain, 155.

Right of landlord to enforce contract by lessee with third person for care of premises, see Contracts, § 187.

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IV. TERMS FOR YEARS.

(B) Assignment, Subletting, and Mortgage.

Set-off in action by assignor against assignee,

see Set-Off and Counterclaim, § 37.

§ 76. A lessor held to have waived his right to declare the lease forfeited by accepting rent from the lessees' assignee.-Batley v. Dewalt (Wash.) 1029.

$76. A covenant in a lease against assigning or subletting without the written consent of the lessor is broken as soon as an assignment is made, and the lessor has the option of declaring a forfeiture or of recognizing the assignees as tenants.-Batley v. Dewalt (Wash.) 1029.

76. A lessor held unable to relieve himself from the effect of a waiver of a breach of a covenant in a lease to secure the lessor's written consent to an assignment by accepting rent from the assignees, and giving a receipt in the name of the original lessee.-Batley v. Dewalt (Wash.) 1029.

a statement that such ranch consisted of a certain number of acres.-St. Dennis v. Harras (Or.) 246.

123. In an action to cancel a lease for

fraud, in which defendant filed a cross-bill to reform it by including lands therein which the parties intended to include, facts held to show that the land sought to be included was land which plaintiff had no right to lease, and could not have intended to include therein.-St. Dennis v. Harras (Or.) 246.

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§ 258. Under B. & C. Comp. § 423, a landlord's lien held enforceable only by suit.-Swank v. Elwert (Or.) 901.

§ 262. In an action against a landlord for conversion of the tenant's property, in which the landlord alleged a lien for rent on the property, and that there were past-due mortgages on the property in such an amount that plaintiffs had no right or equity in the property, the allegation as to the right of the mortgagees to recover the amount of their mortgages held relevant as a plea in bar pro tanto of plaintiffs' right of recovery.-Swank v. Elwert (Or.) 901. § 262. Measure of damages for the illegal enforcement of a landlord's lien stated.-Swank v. Elwert (Or.) 901.

§ 262. In an action against a landlord for conversion of the tenant's property, the landlord held authorized to offset, under the pleadings, the amount of his rent against the recovery of damages.-Swank v. Elwert (Or.) 901. IX. RE-ENTRY AND RECOVERY OF POSSESSION BY LANDLORD.

§ 285. Where a contract constituted a lease with an option to purchase, evidence of defendant's parol acceptance of the option held admissible in unlawful detainer only to show his right of possession.-Powers v. Myers (Okl.) 674.

X. RENTING ON SHARES.

§ 326. No title is acquired by a landlord in grain raised by the tenant until the division and delivery thereof to him.-Eaves v. Sheppard (Idaho) 407.

LAND OFFICE.

§ 802. Evidence held to show that defendants went on premises to manage the same for a survivor of a firm leasing the same from plaintiff, and that there was no sale, transfer, or assignment of the lease on which the suit See Public Lands, § 106. was based, so that the relation of landlord and tenant between the parties to the suit was not shown.-Russell v. Banks (Cal. App.) 261.

VII. PREMISES AND ENJOYMENT AND USE THEREOF.

(A) Description, Extent, and Condition.

§ 123. In a suit to reform a lease of land, described therein as the "J. St. D. ranch," containing 640 acres, and located on a certain reservation, so as to include certain land which the parties intended to include within the lease, the land sought to be included must be identified by the name "J. St. D. ranch," consisting of 640 acres.-St. Dennis v. Harras (Or.) 246.

See Public Lands.

LANDS.

LARCENY.

See Embezzlement; False Pretenses.
Conviction of as bar to prosecution for receiv-
ing stolen goods, see Criminal Law, § 202.
II. PROSECUTION AND PUNISH-

MENT.

(A) Indictment and Information. Joinder with count for burglary, see Indictment and Information, § 129. (B) Evidence.

§ 123. A lease of land known as the "J. St. D. ranch" sufficiently described the land if the name referred to is a definite tract, but the name must control the boundaries as well as § 41. Possession of property recently stolen the quantity included therein, notwithstanding puts upon the possessor the burden of explain

ing such possession.-People v. Matezuski (Cal. App.) 425.

§ 64. Mere possession of recently stolen property held not sufficient to convict the possessor of larceny.-State v. Sparks (Mont.) 87.

(C) Trial and Review.

Estates and interests in property. See Fixtures, § 1.

For breach of contract, see Contracts, § 325. Remedies, and jurisdiction and procedure.

LIBEL AND SLANDER.

§ 68. On the trial of a charge of grand larceny, where the evidence tends to sustain both I. WORDS AND ACTS ACTIONABLE, larceny and burglary, it is for the jury to determine which crime was actually committed. -People v. Matezuski (Cal. App.) 425.

§ 68. In a prosecution for cattle theft, evidence of defendant's admissions held sufficient evidence of the corpus delicti to require submission of the case to the jury.-State v. Brinkley (Or.) 708.

§ 75. A requested instruction on a prosecution for larceny held erroneously refused.-People v. Disperati (Cal. App.) 617.

§ 75. Instructions on a prosecution for larceny held erroneous.-People v. Disperati (Cal. App.) 617.

§ 77. An instruction, in a trial for larceny, as to burden of explaining possession of stolen property, held correct.-People v. Matezuski (Cal. App.) 425.

$ 79. Instructions, in a trial for larceny, as to guilt of accused if he stole the property "or any part thereof," held correct.-People v. Matezuski (Cal App.) 425.

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LEGISLATIVE POWER.

See Constitutional Law, §§ 50-63; Municipal Corporations, § 76.

LETTERS PATENT.

For inventions, see Patents.

AND LIABILITY THEREFOR.

§ 7. Certain words spoken of a woman held not of themselves to impute unchastity.-Cooper V. Seaverns (Kan.) 509.

§ 7. Certain words, spoken of a married woman, held to fairly mean that she had been guilty of a breach of chastity.-Cooper v. Seaverns (Kan.) 509.

§ 7. Common-law rule that spoken words imputing unchastity to a female are not actionable without proof of special damages held not applicable in Kansas.-Cooper v. Seaverns (Kan.) 509.

§ 7. Spoken words, imputing unchastity to a female, are actionable without allegation or proof of special damages.-Cooper v. Seaverns (Kan.) 509.

IV. ACTIONS.

(B) Parties, Preliminary Proceedings, and Pleading.

§ 86. Certain words, spoken of a woman, could not be expanded to include unchastity by the innuendo, but, if under the circumstances they conveyed such a meaning, such extrinsic facts must be stated in the prefatory part of the petition.-Cooper v. Seaverns (Kan.) 509.

V. SLANDER OF PROPERTY OR TITLE.

§ 139. Only special damages which must be pleaded and proved are recoverable in an action of slander of title.-McGuinness v. Hargiss (Wash.) 233.

costs, not statutory, are not recoverable.-Mc§ 139. Attorney's fees, either as damages or Guinness v. Hargiss (Wash.) 233.

LICENSES.

I. FOR OCCUPATIONS AND PRIVI

LEGES.

§ 6. Statutes granting power to a city to ed.-Abraham v. City of Roseburg (Or.) 401. license occupations are to be strictly constru

§ 6. Under Roseburg City Charter (Sp. Laws 1905, p. 40, c. 5) § 34, a license fee may be imposed on the occupation of attorney at law.-Abraham v. City of Roseburg (Or.) 401.

§ 6. The words "public good," as used in Roseburg City Charter (Sp. Laws 1905, p. 40, burg (Or.) 401. c. 5) § 34, defined.-Abraham v. City of Rose

LIENS.

Lien claimant as party to condemnation proceedings, see Eminent Domain, § 177.

For public lands, see Mines and Minerals, § 41. Liens acquired by particular remedies or pro

LEVY.

Of attachment, see Attachment, §§ 164–201.

LEX LOCI.

Contracts and conveyances.

See Contracts, §§ 2, 144; Marriage, § 3.

ceedings.

See Attachment, §§ 164-201; Judgment, § 752; Taxation, § 510.

Particular classes of liens.

Landlord's lien for rent, see Landlord and Tenant, §§ 258, 262.

Mortgage, see Mortgages, § 181.

On trespassing animals, see Animals, & 95.

Pledge, see Pledges.

$145. The moral obligation to pay a former Vendor's lien on lands sold, see Vendor and debt is a sufficient consideration for a new Purchaser, §§ 251-298. promise.-Needham v. Matthewson (Kan.) 436.

See Dower.

LIFE ESTATES.

LIFE INSURANCE.

See Insurance.

LIMITATION OF ACTIONS.

See Adverse Possession.
Laches, see Equity, §§ 67-87.

Particular actions or proceedings.

See Certiorari, § 39.

To confirm or try tax title, see Taxation, § 805.

To foreclose vendor's lien, see Vendor and Purchaser, 278.

To set aside assessments for public improvements, see Municipal Corporations, § 513.

I. STATUTES OF LIMITATION.

§ 164. The effect of a new promise or acknowledgment of the debt by the mortgagor, both before and after the debt is barred, upon the mortgage lien, stated.-President and Board of Trustees of California College v. Stephens (Cal. App.) 614.

IV. OPERATION AND EFFECT OF
BAR BY LIMITATION.
Debt barred by limitation as consideration for
contract, see Contracts, § 76.

§ 167. The right to enforce a vendor's lien held to continue so long as an action may be brought for the purchase money.-Finnell v. Finnell (Cal.) 740.

V. PLEADING, EVIDENCE, TRIAL,
AND REVIEW.

§ 184. Refusal of amendment to plead statute of limitations held not an abuse of discretion.-Rudd v. Byrnes (Cal.) 957.

LIMITATION OF LIABILITY.

(B) Limitations Applicable to Particular Of carrier, see Carriers, §§ 147-164, 218.

Actions.

$39. Code Civ. Proc. § 18, subsec. 6 (Gen. St. 1901, § 5245), requiring certain actions to

LIQUOR SELLING.

be brought within five years, held the only re- See Intoxicating Liquors.
striction of time within which the purchaser
at a tax sale may sue to compel the county
clerk to issue a second tax deed; the first being
invalid.-Young v. Gibson (Kan.) 3.

§ 39. An action by a lessee for damages to the leasehold held not within Pierce's Code, § 285, subd. 1 (Ballinger's Ann. Codes & St. § 4800), but barred by section 289a.-Welch v. Seattle & M. R. Co. (Wash.) 166.

II. COMPUTATION OF PERIOD OF

LIMITATION.

(E) Absence, Nonresidence, and Conceal-
ment of Person or Property.
$84. An action on notes executed by a non-
resident while in the state to a resident held
governed by B. & C. Comp. § 16, and the action
was not barred by section 6.-Jamieson v. Potts
(Or.) 93.

(H) Commencement of Action or Other
Proceeding.

$127. The statute of limitations runs to the filing of an amended complaint, stating for the first time a new and different cause of action.

LISTS.

Of illegal votes in election contest, see Elections, $285.

Of taxable property by taxpayer, see Taxation, $333.

LIVERY STABLE KEEPERS. Excessive damages for breach of contract, see Damages, § 140.

§ 10. In a suit for defendant's failure to use a livery rig which plaintiff claimed she agreed to hire, certain evidence held admissible as tending to corroborate defendant's testimony as to the nature of the transaction.-Kilpatrick v. Inman (Colo.) 1080.

LIVE STOCK.

Carriage of, see Carriers, §§ 217, 218.
Injuries from operation of railroads, see Rail-
roads, & 411.

LOAN ASSOCIATIONS.

-Rauer Law & Collection Co. v. Leffingwell See Building and Loan Associations. (Cal. App.) 427.

$127. Under Code Civ. Proc. § 405, the filing of an amended complaint in an action

LOANS.

on a note after the time limited for an action By bank, see Banks and Banking, § 181.
had expired merely correcting a defective al-
legation of nonpayment in the original com-
plaint did not allege a new cause of action

LOCAL ACTIONS.

barred by limitations.-Rauer Law & Collec- See Venue, §§ 5, 9.

tion Co. v. Leffingwell (Cal. App.) 427.

III. ACKNOWLEDGMENT, NEW
PROMISE, AND PART
PAYMENT.

§ 142. A new promise, under Code Civ. Proc. 360, consisting of a written instrument signed by the debtor rendered to the county assessor as required by Pol. Code, § 3629, for assessment purposes, held not sufficient.-President and Board of Trustees of California College v. Stephens (Cal. App.) 614.

LOCAL LAWS.

See Statutes, §§ 72-86.

LOCAL OPTION.

Traffic in intoxicating liquors, see Intoxicating
Liquors, 32.

LOCATION.

Of mining claim, see Mines and Minerals, §§ 17-38.

For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER

LUNATICS.

See Insane Persons.

MACHINERY.

of a county to establish a reclamation district, where the undisputed facts prove all the matters required by Pol. Code, § 3446 et seq.-Inglin v. Hoppin (Cal.) 582.

§ 70. Where an act is in its nature ministerial and depends upon the existence or non

Liability of employer for defects, see Master existence of facts, and the jurisdiction to deand Servant, §§ 101-129.

MAIL.

Requirements of corporation commission as to mailing notice of railroad accident, see Railroads, 9.

MALICIOUS PROSECUTION.

II. WANT OF PROBABLE CAUSE. § 20. It is not essential to probable cause for an arrest that the accuser believe that he has sufficient evidence to procure a conviction.Michael v. Matson (Kan.) 537.

$20. Belief that probable cause exists is different from belief of guilt, and the former is immaterial in malicious prosecution except on the question of malice.-Michael v. Matson (Kan.) 537.

V. ACTIONS.

71. What is sufficient to constitute probable cause is for the court.-Michael v. Matson (Kan.) 537.

§ 72. Instruction held likely to be understood to mean the jury must decide not only what information defendant had, but whether it was enough to justify a reasonable belief in guilt, and erroneous.-Michael v. Matson (Kan.) 587.

MANDAMUS.

I. NATURE AND GROUNDS IN GEN

ERAL.

§ 7. Where a contract, set up in defense of a proceeding for mandamus, was void for want of authority to make it and as against public policy, the discretion of the court does not require a denial of the writ, on the ground that the claim sought to be enforced is unjust and inequitable.-Lukens v. Nye (Cal.) 593.

§ 16. The powers and duty of a county treasurer, under Act May 29, 1908 (Sess. Laws 190708, p. 729, c. 81, art. 9), to notify owners of property, which had escaped taxation prior to 1907, of a hearing for any objections to listing such property for taxation held nullified by Act March 8, 1909 (Sess. Laws 1909, p. 626, c. 38, art. 3), amending the earlier law.-State v. McCafferty (Okl.) 992.

§ 16. Mandamus is not a writ of right, but rests in the sound discretion of the court, and will not be granted to compel the performance of a useless act.-State v. McCafferty (Okl.) 992.

II. SUBJECTS AND PURPOSES OF

RELIEF.

(A) Acts and Proceedings of Courts, Judges, and Judicial Officers.

termine that fact is vested in the first instance in an inferior tribunal, its determination, on conflicting evidence, will not be reviewed on mandamus.-Inglin v. Hoppin (Cal.) 582.

§ 71. Mandamus may issue to compel an executive officer to perform an act merely ministerial, which the law gives him the power and duty to do, but which calls for no exercise of judgment or discretion.-Norris v. Cross (Okl.) 1000.

§ 72. Mandamus may issue to compel an executive officer to act and decide, even though his act and decision involve a judgment or discretion, but it cannot direct the particular way he shall act or decide.-Norris v. Cross (Okl.) 1000.

§ 74. Certain duties of the Secretary of State as to referendum petitions presented to him held merely ministerial, and to be compelled by mandamus.-Norris v. Cross (Okl.) 1000.

74. The duty of the Secretary of State, under Act April 16, 1908 (Sess. Laws 190708, p. 444, c. 44) § 6, to examine into the sufficiency of a referendum petition and to hear evidence and argument thereon held to involve the exercise of judgment not controlled by mandamus, but that mandamus may issue to compel him to act upon the sufficiency of the petition, though it cannot direct what his decision shall be.-Norris v. Cross (Okl.) 1000.

§ 81. The writ of mandamus is sufficient for the correction of errors of the board of supervisors in the proceedings for the establishment of reclamation districts.-Inglin v. Hoppin (Cal.) 582.

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MARINE INSURANCE.

See Insurance, § 178.

MARKETABLE TITLE.

§ 58. Mandamus held not to lie to compel the See Vendor and Purchaser, § 130.

district court to dismiss an action after a re-
mand by the Supreme Court without any spe-
cific direction either to retry or to dismiss.-
State v. District Court of Second Judicial Dist.
of Silver Bow County (Mont.) 721.

(B) Acts and Proceedings of Public Offi-
cers and Boards and Municipalities.
§ 70. The superior court held authorized on
mandamus to compel the board of supervisors

MARRIAGE.

See Divorce; Husband and Wife.

Admissions by accused in prosecution for adultery as evidence of marriage, see Adultery, $12.

Competency of witness to testify as to marriage with decedent, see Witnesses, § 159.

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