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X. OPERATION.
(C) Companies and Persons Liable for In-
juries.

§ 259. Notice to lessee railroad of dangerous
condition of right of way whereby stock is in-
jured held not necessary to make it liable for
injuries received.-Martin v. Chicago, R. I. &
P. Ry. Co. (Kan.) 451.

(G) Injuries to Persons on or near Tracks.
$355. The public has an equal right with
a railroad company to the free use of a high-
way upon which the railroad track is laid, and
the railroad company will not be permitted to
omit any reasonable duty that may tend to the
safety of the public upon such street.-Laury v.
Northern Pac. Terminal Co. (Or.) 881.

§383. Fact necessary to be proved in order
to show contributory negligence in crossing a
railroad track stated.-Laury v. Northern Pac.
Terminal Co. (Or.) 881.

$ 400. Evidence in an action for injuries re-
ceived while crossing a railroad track operated
on a public street held sufficient to take the
case to the jury on the issue of negligence.-
Laury v. Northern Pac. Terminal Co. (Or.) 881.

(H) Injuries to Animals on or near Tracks.

§ 411. Laws 1907, p. 136, c. 84, §§ 1, 2, do
not require the fencing of railroad station
grounds outside of cities and villages, where
public convenience requires the same to remain
open.-Miller v. Chicago, B. & Q. R. Co.
(Wyo.) 908.

RAPE.

II. PROSECUTION AND PUNISHMENT.

(A) Indictment and Information.
Time of commission of offense, see Indictment
and Information, § 87.

(B) Evidence.

Duress of prosecuting witness, see Witnesses, 8

46.

Evidence of other offenses, see Criminal Law, §
369.

Exhibition in evidence of child born of one of
several acts of intercourse, see Criminal Law,
$ 404.

§ 43. Statement of when proof of pregnancy
is admissible in statutory rape.-People v. Soto
(Cal. App.) 420.

§ 48. In a prosecution for rape, evidence of
complaint made by the injured female held ad-
missible.-State v. Myrberg (Wash.) 622.

$51. Evidence held to sustain conviction of
rape.-Caple v. State (Okl. Cr. App.) 681.

(C) Trial and Review.

Review as dependent on prejudicial nature of
error, see Criminal Law, § 1163.

§ 59. In a prosecution for rape, an instruc-
tion based on complaint of injured female held
proper.-State v. Myrberg (Wash.) 622.

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REAL ESTATE AGENTS.

See Brokers.

REAL PROPERTY.

See Property.

REASONABLE DOUBT.

See Criminal Law, § 796.

REBATES.

Of municipal assessments, see Municipal Cor-
porations, § 523.

REBUTTAL.

Evidence, see Trial, § 59.
Of presumptions of fact, see Evidence, § 89.

RECALL.

Of municipal officers, see Municipal Corpora-
tions, §§ 124, 155, 159.

RECEIVERS.

Receiver's fees as costs, see Costs, § 192.
Of foreign corporation, see Corporations,. § 684.

I. NATURE AND GROUNDS OF RE-

CEIVERSHIP.

(B) Grounds of Appointment of Receiver.
19. Receiver pendente lite held properly
appointed for an irrigation company.-Idaho
Fruit Land Co. v. Great Western Beet Sugar
Co. (Idaho) 562.

§ 19. A receiver held properly appointed for
the entire property of both a lessor and lessee
irrigation company pending a suit to determine
the interest a purchaser of water may have ac-
quired in the irrigation system.-Idaho Fruit
Land Co. v. Great Western Beet Sugar Co.
(Idaho) 562.

RECEIVING STOLEN GOODS.
Conviction of larceny as bar to prosecution, see
Criminal Law, § 202.

RECEPTION.

Of evidence at trial, see Trial, §§ 43-90.

RECITALS.

In tax deed, see Taxation, §§ 761, 762.

RECORDERS.

Jurisdiction of prosecution for violation of mu-
nicipal ordinances, see Municipal Corpora-
tions, § 636.

RECORDS.

Filing petition for local option election, see In-
toxicating Liquors, § 32.

Of particular facts, acts, instruments, or pro-
ceedings not judicial.
Foreign wills, see Wills, § 242.
Mining location, see Mines and Minerals, § 22.
Tax deed, see Taxation, § 768.

See Judgment, §§ 282, 288.
Of judicial proceedings.

Abstract for purpose of review, see Appeal and
Error, $$ 581, 590.

Transcript on appeal or writ of error, see Ap-
peal and Error, $$ 499-716; Criminal Law,
§§ 1088-1122.

Records as notice, and as affecting priorities.
See Vendor and Purchaser, § 231.

7. "Filing" defined.-O'Connor v. Board
of Com'rs of Bear Lake County (Idaho) 560.

§ 10. Where the question was as to whether

See Quieting Title.

REMOVAL OF CLOUD.

RENT.

REPEAL.

a petition for a local option election has been See Landlord and Tenant, §§ 258, 202.
filed, it is not error to permit the officer to
whom the paper was given to correct his in-
dorsement thereon in accordance with the facts.
-O'Connor v. Board of Com'rs of Bear Lake Of statute, see Statutes, § 164.
County (Idaho) 560.

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See New Trial.

REHEARING..

REPORT.

Of accident by railroad conductor as evidence
Of railroad accident, regulations by corporation
in action for injury, see Evidence, § 271.
commission, see Railroads, § 9.

REPORTERS.

Notes of court reporter as evidence in subse-
quent trial or proceeding, see Evidence, § 582.

REPRESENTATIONS.

Estoppel by, see Estoppel, § 83.

REQUESTS.

For instructions in civil actions, see Trial, §
260.

For instructions in criminal prosecutions, see-
Criminal Law, §§ 824-834.

RESALE.

On appeal or writ of error, see Appeal and Er- Of goods by seller, see Sales, § 332.
ror, § 834; Criminal Law, § 1133,

RELEASE.

Of mortgage, see Mortgages, §§ 302-319.

RELEVANCY.

RESCISSION.

Cancellation of written instrument, see Can-
cellation of Instruments.

Of contract for sale of goods, see Sales, §§ 92,
120.

Of evidence in civil actions, see Evidence, §§ Of contract for sale of land, see Vendor and
113-151.

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RISKS.

Property pledged, see Pledges, § 56.
Realty, see Vendor and Purchaser.

Sales on judicial or other proceedings.
See Judicial Sales.

Insolvency proceedings, see Insolvency, § 82.
Of property of decedent under order of court,.
see Executors and Administrators, § 367.
On foreclosure of mortgage, see Mortgages, §§
512-544.

Tax sales, see Taxation, § 658.

I. REQUISITES AND VALIDITY OF
CONTRACT.

tensen v. Cram (Cal.) 950.
§ 1. Elements of a valid sale stated.-Chris-

III. MODIFICATION OR RESCISSION
OF CONTRACT.

(A) By Agreement of Parties,

§ 92. Facts held to show that an order for
24-inch bridge cables to be shipped to Alaska
in the fall was on the failure of the shipment
rescinded by correspondence in the spring and
112-inch cables ordered.-John A. Roebling's
Sons Co. v. Washington Alaska Bank (Wash.)
174.

(C) Rescission by Buyer.

§ 120. On breach of warranty of goods, the
buyer may repudiate the transaction. Konner-
up v. Allen (Wash.) 639.

IV. PERFORMANCE OF CONTRACT.
(A) Title and Possession of Seller.
$ 135. A contract to sell cedar poles held not
affected by the fact that the seller had not made
final proof on his homestead.-Northern Mercan-
tile Co. v. Schultz (Wash.) 850.

(C) Delivery and Acceptance of Goods.

§ 156. Cedar poles piled on a river bank and
marked by the buyer's agent held delivered and
accepted.-Northern Mercantile Co. v. Schultz
(Wash.) 850.

$166. A contract to sell cedar poles held not
affected by the fact that some of the poles were
cut from dead trees.-Northern Mercantile Co.
v. Schultz (Wash.) 850.

§ 176. Defendant, in an action for price,
held estopped to rely on the defense that less

Assumed by employé, see Master and Servant, than ordered were shipped.-Treis v. Berlin
§§ 209-221, 285, 295.

See Highways.

ROADS.

Streets in cities, see Municipal Corporations,
§§ 646-705, 771-821.

RULES.

Dye Works & Laundry Co. (Cal. App.) 275.
§ 181. Evidence held sufficient to show com-
pliance with contract of sale by seller.-Frisbie
v. Rosenberg Bros. & Co. (Cal. App.) 943.

V. OPERATION AND EFFECT.
(C) Rights and Liabilities of Buyer as to

Third Persons.

§ 233. Whether there was a sufficient deliv-
seller's creditor held a question for the jury.-
Elsom v. Moore (Cal. App.) 271.

For government of employés, see Master and ery of goods to constitute a sale as against the
Servant, § 146.

RULES OF COURT.

See Courts, $$ 78-85.

As part of record, see Appeal and Error, § 516.

SALES.

VII. REMEDIES OF SELLER.

(D) Resale.

§ 332. A seller, on refusal of buyer to ac-
cept, held to comply with Civ. Code, § 3353, as
to estimating damages, by resale in 13 days.-
Requirements of statute of frauds, see Frauds, Frisbie v. Rosenberg Bros. & Co. (Cal. App.)
943.
Statute of, § 83.

Sales of particular species of, or estates or in-
terests in, property.

See Intoxicating Liquors; Public Lands, §§ 32,
35.
Patent rights or patented articles, see Patents,
S$ 221, 225.

(E) Actions for Price or Value.
Aider by verdict, see Pleading, § 433.

§ 353. A complaint held to sufficiently aver
a promise by a buyer to pay to the seller the
money sued for.-Christensen v. Cram (Cal.)
950.

§ 353. A complaint in an action for the
price held sufficient, under Code Civ. Proc. §
426, after verdict to show that the price sued
for was due.-Christensen v. Cram (Cal.) 950.

(F) Actions for Damages,

§ 384. An element of damages for refusal of
buyer to accept, and pay not having been plead-
ed, held not recoverable.-Frisbie v. Rosenberg
Bros. & Co. (Cal. App.) 943.

VIII. REMEDIES OF BUYER.

(A) Recovery of Price.

Right to open and close in action to cancel notes
for purchase price and to recover payment
made, see Trial, § 25.

(D) Actions and Counterclaims for Breach
of Warranty.

§ 428. On breach of warranty of goods the
buyer may recoup damages against the purchase
price.-Konnerup v. Allen (Wash.) 639.

§ 440. Where the issue is a sale of machin-
ery and warranty therewith, held error to ex-
clude certain evidence.-Harrison v. Russell &
Co. (Idaho) 48.

IX. CONDITIONAL SALES.

tion of another corporation, in the absence of
such provision, the common-law rule obtains
which leaves the property where it is found and
the debt on the original debtor.-Pass School
Dist. of Los Angeles County v. Hollywood
School Dist. (Cal.) 122.

(E) District Debt, Securities, and Tax-

ation.

§ 95. Presentation of a claim to clerk of a
school district, and his action thereon, held to
create no obligation on the part of the district.
-Kenyon-Noble Lumber Co. v. School Dist. No.
4 of Gallatin County (Mont.) 551.

$95. Communication by the clerk of a school
board to a claimant held not to create any obli-
gation on the part of the district.-Kenyon-
Noble Lumber Co. v. School Dist. No. 4 of Gal-
latin County (Mont.) 551.

(H) Pupils, and Conduct and Discipline of
Schools.

154. A resident of a school district in

which no school is held can, under Laws 1907,
P. 494, c. 321, § 1, send his children to a school
in an adjoining district in which he owns land.
-Evans v. School Dist. No. 46 (Kan.) 533.

SEALS.

§ 450. Where the seller of goods brings ac- Of courts, see Courts, § 48.
tion against the buyer for the price, he thereby
elects to treat the sale as absolute.-Elsom v.
Moore (Cal. App.) 271.

SECONDARY EVIDENCE.

§ 450. Where there is an understanding be- In civil actions, see Evidence, §§ 178, 183.
tween seller and buyer that title is not to pass
until the goods are paid for, the seller may
treat the sale as absolute or conditional.-El-
som v. Moore (Cal. App.). 271.

$ 467. Loss of personal property condition-
ally sold in possession of the vendee held not to
relieve him from obligation to pay.-Harley &
Willis v. Stanley (Okl.) 188.

SATISFACTION.

Of mortgage, see Mortgages, §§ 302-319.

SCHEDULE.

In insolvency, see Insolvency, §§ 16, 21.

SCHOOLS AND SCHOOL DISTRICTS,

II. PUBLIC SCHOOLS.

(B) Creation, Alteration, Existence, and
Dissolution of Districts.

SELF-DEFENSE.

See Homicide, §§ 116, 117, 300.

SENTENCE.

In criminal prosecutions, see Criminal Law, §
1177.

SEPARATE ESTATE.

Of married women, see Husband and Wife, §§
131, 151.

SERVICE.

Of process, see Process, § 99.

SERVICES.

See Master and Servant, § 80; Work and La-
bor.

Division of district and transfer of part of
SET-OFF AND COUNTERCLAIM.
property to new district as taking of prop-In action for breach of warranty, see Sales, §
erty without due process of law, see Consti-
tutional Law, § 278.

§ 32. School districts of California are public
quasi municipal corporations, and subject to
constitutional limitations the power of the Leg-
islature over them is plenary, and it may divide,
change, or abolish them at pleasure.-Pass
School Dist. of Los Angeles County v. Holly-
wood City School Dist. (Cal.) 122.

§ 41. Under Pol. Code, §§ 1576, 1617, by
the annexation of land belonging to a school' dis-
trict to a city and a city school district, the pow-
er of the first named district to use the property
for school purposes held to have ended; the
legal title passing to the trustees of the new
district.-Pass School Dist. of Los Angeles Coun-
ty v. Hollywood City School Dist. (Cal.) 122.

428.

Set-off of landlord's lien against liability for
wrongful enforcement of lien, see Landlord
and Tenant, § 258.

II. SUBJECT-MATTER.

§ 37. In an action by a lessee on a note and
mortgage given by his assignee of the term,
held not error to refuse to allow the assignee
damages on a counterclaim for breach of an
sent to the assignment of the lease.-Batley v.
agreement to secure the lessor's written con-
Dewalt (Wash.) 1029.

§ 44. In an action on a note joint by its ex-
press terms, no counterclaim is permissible which
consists of a demand in favor of one of the obli-

130.

§ 41. While the Legislature may provide for
the division of the property of a school district
and the apportionment of the debts of the old
corporation, when a portion of its territory and
public property are transferred to the jurisdic- Judicial sale, see Judicial Sales, § 40.

gors.-Bartlett Estate Co. v. Fraser (Cal. App.)
SETTING ASIDE.

a

SETTLEMENT.

SMALLPOX.

By guardian of infant, see Guardian and Ward, Injunction against establishment of pesthouse,
$$ 137-146.

By partners, see Partnership, § 311.

Of bill of exceptions, see Exceptions, Bill of, §
50.

SEVERANCE.

see Injunction, § 77.

SOCIETIES.

See Associations.

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Preference to veterans in appointment to office,
see Officers, § 10.

SPECIAL INTERROGATORIES.

See Trial, §§ 350, 352.

SPECIAL LAWS.

5. Under Const. art. 12, §§ 1, 10, and 11,
and article 14, § 9, and Mills' Ann. St. §§ 808,
848, 924, 1586, 1589, the neglect of a sheriff
to qualify for the second term of the office be-
fore his death, which occurred after his elec- See Statutes, §§ 72-86.
tion to the second term but before it began,
held to create a "vacancy" which the board of
county commissioners were empowered to fill,
so that relator was entitled to the office under
an appointment before the commencement of
the second term.-People v. De Guelle (Colo.)
1110.

(C) Deputies and Assistants, Substitutes,
and Special Officers.

§ 18. A deputy sheriff, appointed without au-
thority of the county commissioners, must, on
presentation of bill for services, show the neces-
sity requiring such appointment.-Roberts v.
Board of Com'rs of Custer County (Idaho) 797.

II. COMPENSATION.

$ 29. Laws 1903, p. 421, c. 250, regulating
the compensation of the sheriff of Atchison coun-
ty, is not affected by Laws 1905, p. 379, c. 227,
and the compensation of the sheriff is measured.
by the earlier act.-Board of Com'rs of Atchison
County v. Smith (Kan.) 37.

§ 68. Where a deputy sheriff is the agent of
the state in pursuing a fugitive from justice,
under Rev. Codes, § 8425, his claim for com-
pensation is a charge against the state.-Roberts
v. Board of Com'rs of Custer County (Idaho)

797.

$68. A deputy sheriff cannot pursue a fugi-
tive from justice into another state and claim
his compensation therefor from the county in
which he is deputy.-Roberts v. Board of Com'rs
of Custer County (Idaho) 797.

§ 74. Agreed statement of facts examined,
and held insufficient to support judgment in fa-
vor of deputy sheriff against county for com-
pensation.-Roberts v. Board of Com'rs of Cus-
ter County (Idaho) 797.

SIGNATURES.

Record on appeal for error in criminal prosecu-
tion, see Criminal Law, § 1099.

To judgment, see Judgment, § 282.

To notice in condemnation proceedings, see Emi-
nent Domain, § 181.

SIMILAR FACTS.

Relevancy as evidence, see Evidence, § 135.

SLANDER.

See Libel and Slander.

SPECIFIC PERFORMANCE.

Of contract for conveyance of rights acquired
in public lands, see Public Lands, § 139.

I. NATURE AND GROUNDS OF REM-
EDY IN GENERAL.

§ 3. A vendor will not be allowed to agree
upon a method of performance, induce the pur-
chaser to act accordingly, and then work a gross
fraud by repudiating altogether.-Fletcher v.
Painter (Kan.) 500.

§ 7. Right of a person to specific perform-
ance of a contract for purchase of land stated.
-Friendly v. Elwert (Ör.) 404.

§ 13. Specific performance of a conveyance
of specified amount of irrigating water held not
to lie.-Starbird v. Jacobs (Colo.) 872.

II. CONTRACTS ENFORCEABLE.

§ 29. A contract for the sale of a part only
of a tract of land which fails to designate the
specific portion to be conveyed is too indefinite
to be specifically enforced.-McMillan v. Wright
(Wash.) 176.

§ 44. A parol sale of land without delivery
of possession, though the price is fully paid, is
wholly void and gives no right to specific per-
formance.-Cooley v. Miller & Lux (Cal.) 981.

$55. Where parties have in their ignorance
made a contract not specifically enforceable be-
cause against public policy, equity will not make
and enforce a new and valid contract for them.
McMillan v. Wright (Wash.) 176.

III. GOOD FAITH AND DILIGENCE.
Raising defense of laches by demurrer, see
Pleading, § 193.

IV. PROCEEDINGS AND RELIEF.
Conclusiveness of judgment as to rights under
contract, see Judgment, § 744.
Joinder of causes for reformation and specific
performance of instrument, see Action, § 45.

§ 102. An action to establish a trust in 40
acres of land alleged to be part of public land on
which defendant had entered under an agree-
ment to assign his rights as entryman to that
part to plaintiff held an action for specific per-
formance of the contract.-McMillan v. Wright
(Wash.) 176.

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