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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
12
The heart of my case is that Tesla, Inc. illegally terminated me in
violation of the FEHA and well-established public policy.
More specifically, Tesla illegally fired me for the following reasons:
1) I have a disability (ASD and hypertension that required
emergency care).
2) I requested accommodations and unilaterally attempted to engage
in a good faith interactive process and was denied.
3) I am an older person. I was almost 62 years old when I was
illegally fired. I was replaced immediately (3-days-later) by a
software engineer who was approximately half my age.
Coworkers made comments about my age and indicated that I
was an “old man.”
4) I complained that Rollins and my co-workers were engaging in
sexual harassment and offensive communications referring to
their penis sizes on Tesla’s communications network. Also,
sexual videos of women twerking were placed in the team’s chat
that displayed women’s breasts. Reporting was required by
Tesla’s own Sexual Harassment and Bullying Training Program.
5) I was forced to open a workers’ compensation case for injuries I
sustained as a result of work. I was awarded $45,000 for this
claim.
6) Moreover, I was fired because I engaged in whistleblowing
regarding sexual harassment, sabotage, and other security issues.
Whistleblowing is a protected activity.
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17
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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20
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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25
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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32
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims.
The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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41
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison.
Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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45
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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60
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant.
The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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67
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages.
Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices.
With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties.
The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power.
The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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75
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care.
After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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77
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders.
The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction.
Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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89
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media.
Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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93
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Tesla shareholder Richard Tornetta filed this derivative lawsuit in June 2018 in the Delaware Court of Chancery challenging the massive compensation package granted to Elon Musk by the Tesla board in January 2018. The plan consisted of 12 tranches of stock options — each representing 1% of Tesla's outstanding shares — that vested upon the achievement of paired market capitalization and operational milestones over a ten-year period. Tesla itself disclosed that the plan's estimated fair value was .6 billion, and analysts projected it could eventually be worth over billion if the company continued to grow. Tornetta alleged that Musk, as Tesla's controlling stockholder and chairman, had improperly influenced the compensation committee and the full board, and that the package was not the product of a fair, arm's-length process.
In January 2024, Chancellor Kathaleen McCormick issued a landmark decision voiding the compensation package in its entirety. The court found that Musk was a controlling stockholder at the time the plan was approved, that the process by which it was negotiated and approved was deeply flawed and conflicted, and that the defendants had failed to demonstrate that the plan was entirely fair to Tesla shareholders. The decision drew international attention for its size and its implications for corporate governance of founder-controlled companies.
Following the ruling, Tesla's board put the compensation package to a shareholder ratification vote in June 2024, which passed with majority support. Proceedings continued in the Court of Chancery through late 2024 as the court considered whether the post-litigation shareholder vote could cure the defects identified in the January 2024 ruling.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
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All reporters › p › Volume 133 Opinions in p, volume 133
Teynor v. Heible Page 1 — This action was brought by the respondents against the appellants for the partition of certain real property.… Johns v. Coffee Page 4 — In February, 1909, the Pioneer Fire Insurance Company was incorporated under the laws of the state of Washington as a domestic fire insurance company.… — This proceeding was commenced by the city of Seattle to adjudicate the damages to be paid owners of abutting property upon the regrading of certain city streets.… — Appeal by the city of Seattle from a judgment of the lower court modifying an assessment roll, as made up and filed by the board of eminent domain commissioners, so as to reduce all assessments appearing upon the roll ten per cent and charge that amount to the general fund.… — The American Life & Accident Insurance Company is an Oregon corporation, licensed to do business in this state.… State v. City of Seattle Page 11 — The trial judge filed a memorandum decision in this case.… This is an appeal upon the judgment-roll alone by plaintiff from a judgment in favor of defendants.… McCray v. Manning Page 17 The complaint filed herein by plaintiff alleged ownership by plaintiff of real property within a certain road improvement district, No. 9, in Los Angeles County; that the defendant supervisors had through a resolution of intention ordered the improvement of a certain highway therein by grading and oiling the same and… United Materials Co. v. Loughery Page 18 Action to enforce a materialman's lien upon the buildings and land of defendant Wilder and for a deficiency judgment against the defendant Standberry.… Janke v. McMahon Page 21 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Kennedy Page 25 Defendant was convicted of a misdemeanor, the particular charge made against him being that he did on the twenty-first day of March, in the county of Kings, set and use a fixed contrivance for catching fish contrary to the provisions of section 636 of the Penal Code.… Hayden v. Superior Court Page 26 The petition herein purports to be an application for a writ of mandate directed to the superior court of Los Angeles County (the Honorable Charles Monroe, judge thereof), requiring it to try a certain cause pending therein, entitled "W.… Midland Valley R. Co. v. State Page 27 This is an appeal from a final order of the Corporation Commission, directed to the appellants, wherein certain rules and regulations governing the charges which may be assessed for storage of baggage after the expiration of a certain free time are promulgated.… Lieber v. Rogers, County Treas. Page 30 On June 23, 1910, the plaintiff, Dora Lieber, a Creek Indian, filed her petition in the district court of Muskogee county, praying for an injunction against Connell Rogers, county treasurer, and others, who were then and there attempting to collect state, county, and township taxes levied against her homestead… The particular questions in this case are as to which of two mortgagees has the superior right to certain mortgaged chattels, and whether or not, in a replevin suit by one of the mortgagees for the mortgaged chattels, the other mortgagee can, with leave of court, intervene and have his rights determined.… Milam v. Smith-Mauer Bros. Page 33 Defendants in error were plaintiffs in the court below, and will be referred to as such.… This proceeding comes before this court upon an appeal from an order of the Corporation Commission, which requires the Missouri, Kansas Texas Railway Company, the St. Louis San Francisco Railroad Company, and the Missouri, Oklahoma Gulf Railway Company to build a joint passenger depot at a convenient point for each of… Wiley v. Edmondson Page 38 This proceeding in error is to review the judgment of the trial court, wherein the plaintiff in error, as plaintiff, sued on July 14, 1911, the defendant in error, as defendant, in ejectment for the possession of the W.… St. Louis S. F. R. Co. v. Fisher Page 41 This suit was commenced in the district court of Bryan county in August, 1910, by Mrs. C.… On May 8, 1909, plaintiff below, defendant in error, through the agency of his son, shipped two boxes of household goods and one cook stove crated from St. Charles, Mo., to Oklahoma City, Okla.… In Re Bohanan Page 44 It is first insisted by the defendant in error Wade Enloe that the plaintiff in error F.… Watkins v. Enloe Page 44 Opinion by It is first insisted by the defendant in error Wade Enloe that the plaintiff in error F.… This was an action to recover $717.50, alleged to be due the defendant in error from the plaintiff in error, by virtue of a certain policy of insurance issued to Mrs. Elizabeth Prater, under date of December 19, 1905, and in which the defendant in error, Wm.… Long v. Bagwell Page 50 Plaintiff in error, hereinafter called plaintiff, commenced this action against defendant in error, hereinafter *Page 313 called defendant, by filing his petition in the district court of Wagoner county, wherein he alleges that he was the owner of 40 acres of land lying in that county, and that he was entitled to… Wheelan v. Hunt Page 52 On March 20, 1909, plaintiffs sued defendant before a justice of the peace in and for Perry township, Noble county, seeking to recover $100 commission alleged to have been earned in the sale of defendant's farm to one S.… Holden v. Tidwell Page 54 October 9, 1909, one L. A. Lewis, the owner of a certain three-story building situated at 314 West First street, Oklahoma City, leased the second and third floors thereof to the defendant in error for a term of two *Page 555 years, beginning January 1, 1910, for the consideration of $2,400, to be paid in monthly… St. Louis S. F. R. Co. v. Ladd Page 57 From a judgment of the county court of Grady county rendered and entered against it, St. Louis San Francisco R.… State v. Portland Page 62 Opinion by It is to be regretted that the short time intervening between the hearing of this case and the Portland City election precludes an extended discussion of the important points raised in the briefs of counsel.… Watson v. Hagen Page 66 delivered the opinion of the court. It was conceded at the argument that the tax titles, under which the defendant claims, are void.… Hughey v. Smith Page 68 delivered the opinion of the court. 1. The right of a court of chancery to reform or annul a written contract, the execution of which was induced by the fraud of the defendant, or resulted from the mutual mistake of both parties, is a well-recognized principle of equitable jurisprudence.… Oregon Mill Co. v. Kirkpatrick Page 69 delivered the opinion of the court. The plaintiff called Hyde as a witness, who testified to the effect that the sale to the defendant was made January 7, 1911, the inventory taken on the 8th, and *23the business turned over to him the next day.… Plinsky v. Nolan Page 71 *404Opinion In effect, the trial court said to the plaintiff, “You are not entitled to $135, hut if you will accept a judgment for $90 it will be entered in your favor for that amount.” Piling the remitter quoted amounted to an acceptance of that offer and a consent to such a judgment.… Pacific Elevator Co. v. Portland Page 72 delivered the opinion of the court. The claims of the respective parties may be summarized as follows: Plaintiff' claims: (1) Title in fee by patent from the government and subsequent conveyances as to the westerly 100 feet, which plaintiff claims has always been above the ordinary high-water line, or is now above… State v. Port of Bayocean Page 85 Opinion by 1. The first contention of appellant is that by filing a complaint against the corporation eo nomine relators have admitted the existence of the corporation, and in support of this proposition they cite 2 Spelling, Ex.… delivered the opinion of the court. If the objection to the lease “that there was no lease at all” may be held to include the sufficiency and form of the assignment, then it appears that Jerome, who executed the assignment in the name of the lessee, was the agent of the lessee, who negotiated and executed the lease in… delivered the opinion of the court. The matters alleged by plaintiff material to an understanding of the controversy are that the plaintiff is the owner of and in possession of a certain irrigation ditch known as the Old Mill Ditch & Irrigation Company’s ditch, having its headgate in the northwest quarter of section… delivered the opinion of the court. The legal questions presented by this appeal are identical with those in the case of the Old Mill Ditch & Irr.… State v. Goddard Page 90 Opinion by 1. Beyond the fact that the defendant has not attempted to break into the penitentiary vi et armis, there is nothing to indicate that he has accepted the parole.… Mountain Timber Co. v. Case Page 92 delivered the opinion of the court. 1. The first assignment of error made by plaintiff is directed to the refusal of the trial court to sustain a motion for judgment on the pleadings.… Greig v. Mueller Page 94 delivered the opinion of the court. 1. It is first contended that defendant parted with no consideration for the mortgage at the time of its *30execution.… Walk v. Hibberd Page 95 delivered the opinion of the court. Gila Valley Copper Co. v. Gilpin Page 98 The appellees move to strike appellant’s briefs and dismiss the appeal, relying upon subdivision 5 -of rule 4 of the rules of this court (126 Pac.… Fertig v. State Page 99 Appellant was prosecuted by information charging him with the crime of rape.… Daughtry v. Murry Page 101 OPINION OP THE COURT. The first assignment of error relied upon by the appellants is that the trial court erred in its conclusion that the tax sale was in all things regular and valid.… Downs v. Cassidy Page 106 delivered the opinion of the court. Action for slander.… State ex rel. Bennetts v. Duncan Page 109 delivered the opinion of the court. This is an appeal by defendant from a judgment awarding to the relator a peremptory writ of mandate commanding defendant to reinstate him in the office of policeman of the city of Butte, from which he alleged he was unlawfully removed by Charles P.… This is an appeal concerning an order made by the board of county commissioners of Fremont county, confirming the acts done in creating Rural High School District No. 3 and the acts of the board of trustees of such district, which order of the board was taken on appeal to the district court, and th'e district court… State v. Cutts Page 115 This is an action wherein the plaintiff is charged by an information filed in the district court in Blaine county with the crime of making a false report concerning the affairs, financial condition and property of the Idaho State Bank in violation of sec.… Meeker v. Trappett Page 117 This action was instituted by the appellant to recover commission for the sale of real estate.… McElroy v. Whitney Page 118 This is an appeal from a modified or corrected judgment rendered and entered on the 26th of October, 1912.… Hillock v. Idaho Title & Trust Co. Page 119 This action was brought to recover damages in the sum of $500 alleged to have occurred because of a mistake and false abstract of title to certain land, the appellant having certified that there were no tax sales, tax deeds or other liens and encumbrances against said land except what appeared on said abstract of… Tritthart v. Tritthart Page 121 This is an action upon an implied contract for the recovery of the sum of $722.65 and interest.… Kissler v. Budge Page 125 Plaintiff applied to this court for a writ of prohibition, and an alternative writ was issued and an answer and return has been filed, and defendant has also moved to dismiss on the ground that the petition does not state sufficient facts to justify the issuance of the writ.… This is an action to prohibit Park City school district No. 12 and1 the trustees of said district from proceeding to levy a tax to maintain a high school separate and!… Cronquist v. Smith Page 130 This is an action to recover the value of alfalfa seed alleged to have been sold and' delivered to the defendants.… Wheelwright v. National Copper Bank Page 132 Tbe receiver of the MeGriff Orchard & Canning Company, hereinafter styled canning company, brought this action to recover the sum of $1011.66 from the National Copper Bank of Salt Lake City, which it is alleged said bank had in its custody as the depositary of said canning company.… Merrill v. State Page 134 The plaintiff in error, J. G. Merrill, filed a petition in the District Court of Uinta County, alleging in substance that one Rody Thornton died at Bennington, Idaho, on the 4th day of May, 1912, and that at the time of his death he was a resident of Uinta County, Wyoming; and that he left in said Uinta County an… Demple v. Carroll Page 137 The defendant in error, George G. Carroll, brought this action in the District Court of Sheridan County, against the plaintiff in error, Peter Demple, to recover the sum of one thousand dollars and interest alleged to be due on a certain written agreement.… W. H. Peeps Fixture Co. v. Gove Page 143 Appellee Gove, as plaintiff below, recovered judgment in the district court against the Peeps Fixture Company, appellant, on a promissory note which it was alleged was executed by the Fixture Company, and delivered to one Frazier, who assigned the same to plaintiff.… The opinion of the court was- delivered by This action was brought by appellee for personal injuries.… Keating v. Mutual Laundry Co. Page 152 The opinion of the court was delivered by In 1905 A.… The opinion of the court was delivered by The action in the district, court wa,s one to recover a sum of money claimed to be due the plaintiff as salary for his services as county superintendent of public instruction.… *875The opinion of the court was delivered by These appeals relate to the same transaction.… Plummer v. Ash Page 157 The opinion of the court was delivered by This is an appeal from an order denying a motion for judgment nunc pro tunc in an action to quiet the title to several tracts of land.… The opinion of the court was delivered by This is an appeal from a judgment upon a life insurance policy.… Patrick v. Johnson Page 161 The opinion .of the court was délivered by The plaintiff sued to enj oin removal of' the county offices -from Santa .Fe to Sublette.… Holmes v. Culver Page 164 The opinion of the court was delivered by The action was commenced by the plaintiff to establish his interest in a tract of land as a partner of the defendant, for an accounting, and for other *699relief.… The opinion of the court was delivered by The question to be decided arises upon a demurrer to evidence.… Murphy v. Fairmount Township Page 169 The opinion of the court was delivered by The plaintiff sued the township and township officers to recover damages alleged to have been caused by overflow on account of a culvert constructed with an insufficient passageway for water, and also prayed that the defendants be permanently enjoined from maintaining such… Doty v. Garfield Township Page 172 The opinion of the court was delivered by In April, 1909, the plaintiff, Doty, purchased eight Garfield township bonds.… Jagger v. Green Page 174 The opinion of the court was delivered by The plaintiff asks for a writ of mandamus to compel the defendants, who constitute the board of commissioners of the city of Kansas City, to recognize him as a “field man” of the department of health, to which position he was appointed under civil service rules and from which… This was an action commenced by the plaintiff in error, plaintiff below, against the defendant in error, defendant below, to recover a balance alleged to be due him upon his salary as clerk of the county court of the county of Washita.… Patterson v. Foreman Page 178 This case presents error from the district court of Pottawatomie county.… Churchman v. Payte Page 178 This appeal is from an order of the county court dismissing an appeal on account of a defect in the appeal bond.… Carroll v. Durant Nat. Bank Page 179 This is an appeal from a judgment rendered by the county court of Marshall county.… Kinney v. St. Louis S. F. R. Co. Page 180 This case presents error from the district court of Bryan county.… Carrico v. Crocker Page 181 On March 27, 1912, Samuel Crocker and a number of other taxpayers of Oklahoma county began their action against the board of county commissioners and county treasurer of said county in the district court thereof.… London v. Day Page 181 This cause presents error from the superior court of Pottawatomie county, and grows out of the action of the State Board of Equalization in raising the assessed value of real estate in said county 50 per cent, over and above the amount fixed by the county board of equalization for the year 1911.… Miller Bros. v. McCall Co. Page 183 The McCall Company, a corporation, sued Miller Bros., a partnership, in the district court of Oklahoma county for a balance due for goods sold and delivered, in the sum of $909.10, under a written contract between the parties, and for damages on account of a breach of the contract by Miller Bros.… St. Louis S. F. R. Co. v. Walker Page 185 W. H. Walker, hereinafter called plaintiff, brought this action against the St. Louis San Francisco Railroad Company, hereinafter called defendant, to recover damages for injuries to certain cattle shipped by the plaintiff over the defendant's road.… Bell v. Bearman Page 188 This was an action by L. A. Bell against Jacob A.… Hogan v. Leeper Page 190 This was an action by Thomas J. Bailey, now deceased, against Daniel W.… Swofford Bros. Dry Goods Co. v. Owen Page 193 On the 22d day of April, 1903, articles of agreement and incorporation were filed by the Owen-Willis-Wheeler Mercantile Company in the office of the clerk of the United States Court of Appeals for the Indian Territory, at McAlester.… St. Louis S. F. R. Co. v. Rinkle Page 199 The defendant in error shipped a car load of hogs from Davidson, Okla., to Ft.… Jones Leather Co. v. Woody Page 201 Opinion by This action was begun May 26, 1911, by Jones Leather Company against J.… Georgia Home Ins. Co. v. Halsey Page 202 This is an appeal from a judgment of the county court of Grady county in favor of Walter Halsey against the Georgia Home Insurance Company, upon a policy of fire insurance.… Cleveland Nat. Bank v. Amos Page 204 The question herein presented grew out of an action in replevin by the plaintiff in *Page 675 error against James Amos to replevy a certain mule, possession of which plaintiff claimed by virtue of a chattel mortgage and defendant claimed by virtue of purchase at public sale.… This suit was instituted originally by defendant in error in the court below against plaintiff in error, Walter Colbert, and one B.… Penn v. Penn Page 207 This was a suit for divorce brought by J.… St. Louis S. F. R. Co. v. Steele Page 209 This action, filed in the justice of peace court for Altus township, Jackson county, August 18, 1910, was to recover damages for the killing of two sows belonging to plaintiff by one of defendant's trains and for the resultant injury to twelve sucking pigs.… Rooney v. McPherson Page 212 This case presents error from the probate court of Pottawatomie county.… Plaintiff sued defendant for injuries sustained while a passenger on one of its electric street railway cars being operated in the city of Muskogee.… Kreps v. Brady Page 216 The defendant in error, Brady, as plaintiff, sued in the district court of Muskogee county for personal injuries and obtained a verdict and judgment.… Ft. Smith & W. Ry. Co. v. Harrison Page 222 Opinion by This action was originally begun in the justice court of Okfuskee county, Hon.… White v. Starbuck Page 223 This is an action by Goldie Starbuck, as plaintiff, against Amos White and others, as defendants, to have the defendant Amos White decreed to be the trustee for the plaintiff of certain lands in the Cherokee Nation.… Fidelity & Deposit Co. v. Sheahan Page 228 The question presented for our consideration is one of limitations.… Mullen v. Short Page 230 This was a statutory action for the recovery of a tract of land, situated in the Chickasaw Nation, commenced by the defendant in error, plaintiff below, against the plaintiff in error, defendant below.… Edwards v. Boyle Page 233 This action was begun in January, 1909, by W.… G. M. Null recovered judgment against the plaintiff in error in the county court of Grady county on an insurance policy issued by it in the sum of $174 and interest.… Mohr v. Sands Page 238 James N. Bullion was the guardian of Lizzie Pett, and as such held $3,490 belonging to her, and died without paying it to her.… Gooch v. Gooch Page 242 Plaintiff in error, hereinafter referred to as plaintiff, brought this action originally in the court below to recover possession of a certain tract of land.… Perryman v. Woodward Page 244 This suit involves the title to a town lot in Muskogee.… Wietelmann v. State Page 249 Plaintiff in error was convicted under an information which charged the unlawful selling of intoxicating liquor, and on the 19th day of January, 1912, he was sentenced in accordance with the verdict of the jury to be confined for thirty days in the county jail and pay a fine of fifty dollars.… Jones v. State Page 249 This is a conviction for violating section 16 of the Act of March 11, 1911 (Sess.… De Freece v. State Page 254 This appeal was prosecuted from a conviction had in the county court of Love county on the 30th day of January, 1912, in which, in accordance with the verdict of the jury, the defendant was sentenced to be confined in the county jail for 30 days and pay a fine of $50.… Nichols v. State Page 256 The plaintiff in error, Charles Nichols, and one Roscoe Barney were jointly charged by information, filed February 15, 1911, with the unlawful sale of one pint of whisky to Lee Wilson, on the 11th day of February, the same year.… Yota v. State Page 257 Plaintiff in error, Levi Yota, was tried on an indictment by 'which he was charged with the theft of $123, the personal property of Sophia Carr; and on the 14th day of October, 1911, in accordance with the verdict of the jury, he was, by the court, sentenced to be imprisoned in the penitentiary for a term of eighteen… Copeland v. State Page 258 The prosecution in this case is under section 2431, Rev.… Irvine v. State Page 259 The evidence on the part of the state was that this defendant and a man by the name of Gus Sanders, jointly informed against, were caught by the city marshal of Hinton and a deputy sheriff by the name of Holt in the act of conveying five quarts and 28 half pints of whisky in a buggy.… McGarrah v. State Page 260 This appeal is prosecuted from a conviction had in the county court of Oklahoma county, in which plaintiff in error was found guilty under an information which charged that he did have in his possession intoxicating liquors with the intent to sell, barter, give away, and otherwise furnish the same in violation of law.… Hager v. State Page 263 Appellant was prosecuted for giving away whisky; and, being upon the stand as a witness in his own behalf, was subjected to the following cross-examination: "Q.… White v. State Page 263 This appeal is prosecuted from, a conviction had in the county court of Oklahoma county, in which plaintiff in error was found guilty under an information which charged that he did have in his possession intoxicating liquors with intent to dispose of the same contrary to the provisions of the prohibitory liquor law.… Huff v. State Page 265 First. Appellant, who lives in Love county, Okla., which was formerly a part of the Indian Territory, was convicted for having conveyed whisky from one point in said state and county to another point in said state and county.… Tyler v. State Page 270 Appellant, who resided in Love county, Okla., went to Ft.… Benson v. State Page 271 Plaintiff in error, R. C. Benson, was. convicted in the county court of Murray county.… Matter of Ellsworth Page 272 The undisputed facts are that petitioner is under arrest by virtue of a warrant issued by a justice of the peace of the county of Sonoma, charging him with the criminal violation of the ordinances of the county of Sonoma regulating the traffic in alcoholic liquors.… In Re the Estate of Hayne Page 277 The decision of the case depends upon the meaning and legal effect of the last will and codicil of the decedent.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Spreckels v. Spreckels Page 289 In the above estate two appeals are taken, one from a decree of partial distribution and the other from a decree of final distribution of the estate of decedent.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Watson Page 298 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Lum v. American Wheel & Vehicle Co. Page 303 This case was decided by the district court of appeal and an order of the superior court dissolving an injunction pendentelite against the sale of plaintiff's stock for nonpayment of an assessment was upheld.… In Re the Estate of De Laveaga Page 307 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… This is an appeal from a judgment entered for defendant upon sustaining a demurrer to plaintiff's amended complaint, plaintiff having refused to further amend.… Appellant, by his general guardian, filed a petition in the proceedings in insolvency and liquidation pending against the California Safe Deposit Trust Company, a corporation, to obtain a decree determining that he is entitled to share in the proceeds to be realized out of certain mortgages, executed and made by said… Francis v. Western Screen Co. Page 327 Appeal from a judgment entered in favor of plaintiff and an order denying appellant's motion for a new trial.… Plaintiff brought this action to recover from defendant corporation $608.57.… This is an action for damages in the sum of five hundred dollars alleged to have been incurred by the plaintiffs *Page 64 through the act of the defendant in cutting down and thus destroying four walnut trees standing and growing immediately in front of the land and houses of the plaintiffs, situated on Court Street… Niles State Bank v. Jennings Page 329 This is an appeal from a judgment against appellants upon a stockholder's liability for a debt of a corporation, the Metropolitan Meat Company, of which appellants were stockholders at the time of the incurring of the indebtedness.… Lewis v. Brown Page 331 This is an action to quiet title to certain real property, consisting of a lot and improvements, situated at Camp Meeker, in Sonoma County.… People v. Green Page 334 The defendant was indicted, tried and convicted of the crime of obtaining money by false pretenses, and sentenced to serve a term of seven years in the state prison.… Citizens' Bank v. Stewart Page 337 The action is upon a promissory note, which appears, by admissions and evidence, to have been signed, executed, and delivered by appellant to the American Manufacturing Company and by the payee sold and assigned, on July 3, 1911, before maturity, and for a valuable consideration, to the respondent.… Kelley v. Hampton Page 339 This is an appeal from a judgment rendered against appellant, and comes to this court upon the judgment-roll alone.… Benson v. Murton Page 340 Denied July 29, 1913. On Petition for Rehearing.… Hagermann v. Chapman Timber Co. Page 342 1. The errors relied upon at the hearing were predicated solely upon the refusal of the trial court to charge the jury as requested by the defendant in certain particulars.… Durkin v. Ward Page 345 delivered the opinion of the court. Plaintiff and defendant commenced to live together as husband and wife in 1903, and so resided, without being married, until February, 1910.… Clough v. Dawson Page 345 delivered the opinion of the court. This is a motion to dismiss an appeal based on the ground that the transcript does not contain all the testimony given at the trial.… delivered the opinion of the court. This is a suit to restrain the defendant county and its sheriff from any attempt to enforce collection of a special road tax, the levy of which is said to have been attempted by some of the taxpayers of road district 23, in Linn County, upon plaintiff’s real property situated… Lane v. Wentworth Page 348 Decided February 10, 1914. On the Merits.… Claypool v. O'Neill Page 349 delivered the opinion of the court. 1, 2.… Dorn v. Clarke-Woodward Drug Co. Page 351 delivered the opinion of the court. In the statute referred to it is provided that: “ * * Generally, all owners, contractors or subcontractors and other persons having charge of, or responsible for, any work involving a risk or danger to the employees or the public, shall use every device, care and precaution which it… Jones v. Teller Page 354 delivered the opinion of the court. Accurately to comprehend the legal principle involved, we deem it necessary to state that Brazee Street is a thoroughfare running east and west through Brazee Street addition, in Portland, Oregon, having its eastern termination at East Twenty-Seventh Street.… delivered the opinion of the court. At about 6:12 P.… Stephens v. Nacey Page 361 delivered the opinion of the court. At the general election of 1912, Jas.… State v. Whitworth Page 364 delivered the opinion of the court. The appellant, Walter Whitworth, was convicted of the crime of murder in the second degree and sentenced to imprisonment for life.… delivered the opinion of the court. From the first Monday of January, 1905, to the first Monday in January, 1909, W.… Brittain v. Gorman Page 370 This action was brought by plaintiff, respondent here, to recover from the defendant, appellant in this court, a balance of $1200 which it was alleged was due from appellant to respondent for the erection of several small houses or cottages by the latter for the former during the year 1907.… Pool v. Pool Page 372 It is alleged in the petition filed in the court below and the evidence adduced upon the trial tends to show that Daniel J.… J. J. Crable & Son v. O'connor Page 376 The defendant in error was plaintiff in the court below and brought this action against J.… Welch v. Bigger Page 381 This action was brought to remove a cloud from the title to lots 6 and 7 in block 3, of Turner’s Addition to Kimberly, Twin Falls county, and for $1,000 damages.… Miller v. Blunck Page 383 This action was instituted by the appellant to collect a balance due in the sum of $462.80 upon the purchase price of 630 boxes of apples alleged to have been sold by appellant to the respondent.… State v. Terry Page 386 — This appeal is from an order of the superior court for King county requiring Ed.… Wilkie v. Bailey Page 388 — Clarissa A. Hamblet, a resident of King county, died intestate December 4, 1911, leaving an estate consisting of both real and personal property.… Maggs v. City of Seattle Page 388 — The principal question presented by this appeal is whether the north twenty feet of lot 5, block 7, supplemental plat of Union Lake addition to the city of Seattle, is a public highway.… Stern v. Farah Bros. Page 400 OPINION OF THE COURT. The first point contended for by appellants is that, “The instrument sued on amounted in law to no more than an agreement to make a binding contract in the future, provided the parties could agree upon its terms.” In support of this contention, instructions were ■asked by the defendants… Gould v. Soto Page 410 is a statutory action in the nature of an action in ejectment commenced by the appellees *559against the appellants in the court below to recover for the estate of Altagracia Ochoa, deceased, the possession of lots 5 and 9 of block 230 of the Tucson townsite, together with rent therefor alleged to be overdue.… Kain v. Arizona Copper Co. Page 412 On July 3, 1912, appellant filed his complaint against appellee for damages.… Wentzel v. People Page 415 delivered the opinion of the court. ’ The plaintiff in error was on the 10th day of August, 1907, and under a plea of guilty to an information charging the crime of incest, sentenced to a term in the penitentiary.… Shwayder v. Clay Page 420 This controversy grows ont of certain-proceedings in the divorce suit of Carrie O’Donnell v. Michael O’Donnell, commenced in the district court of the city and county of Denver in the year 1906.… Smith v. Bank of Hamlin Page 428 This action was brought by the appellee to set aside and cancel a note and mortgage which she had executed and delivered to the appellant to secure an indebtedness of her son to the appellant.… The opinion of the court was delivered by This action was brought by appellees to recover damages for the appropriation by appellant of a strip of land along and near the south side of a tract of six or seven acres of land which appellees had bought at sheriff’s sale resulting from the ■ foreclosure of a mortgage on… Ryan v. Cullen Page 430 *880The opinion of the court was delivered by This is an action in ejectment and for partition brought by two of the heirs of Matthew Ryan, deceased, against William J.… Sheets v. Coast Coal Co. Page 433 — The plaintiff, a practicing physician, seeks recovery from the Coast Coal Company, a coal mining corporation, upon a number of orders signed by its employees for the payment of portions of their wages, in- form as follows: *328“Spiketon, Wash........'.----1911.… Christiansen v. McLellan Page 434 — In the year 1911, the appellant, McLellan, had a contract with the city of Seattle to grade and otherwise improve parts of certain streets therein, included in which were parts of Battery and Elliott streets.… Nordgren v. Lawrence Page 436 — Respondent brought this action to recover damages suffered by her because of certain acts of appellant while with her family she was occupying a furnished house belonging to appellant.… Grand Court v. Hodel Page 438 — The Foresters of America is a voluntary benevolent and social association, having courts or lodges throughout the United States.… Purdy v. Sherman Page 440 — -An automobile, driven by one Thomason but owned by the defendant, was carelessly driven into a machine driven and owned by plaintiff.… Pasarel v. Anderson Page 441 — In March, 1912, during a strike among the employees of the lumber mills on Grays Harbor, the respondent was shot in the arm by some one while at the mill of the Anderson & Middleton Lumber Company, which had been shut down as a result of the strike.… Sweeney v. Lewis Construction Co. Page 441 — This is the second appeal in this case.… City of Seattle v. King Page 442 — The plaintiff was convicted in the police court of the city of Seattle of unlawfully using a vehicle for trans*278portation of merchandise for hire, without having procured a license therefor, in violation of an ordinance of the city relating to the licensing of vehicles.… Griffith v. Griffith Page 443 — This is an action for divorce, based upon alleged acts of cruelty on the part of the defendant.… State v. Neis Page 444 — The defendant was charged with the crime of grand larceny, by information filed in the superior court for King county.… Thomas v. Lee Page 446 — The notice of appeal in this case was given by each of the defendants, but the bond was signed by D.… Grant v. Huschke Page 447 — This action is here for the second time on appeal.… Collins v. Hoffman Page 450 — This is an action to vacate and set aside, upon the ground of fraud, the proceedings in foreclosure of a certificate of delinquency for unpaid taxes upon certain land in Chehalis county.… Powers v. Munson Page 453 — The respondents brought this action against the appellant to quiet their title to an undivided one-half interest in certain real property.… Trovik v. Grant Smith & Co. Page 454 — The plaintiff seeks recovery of damages from the defendants, claimed to have resulted to him from their negligence.… State v. Columbus Page 455 — The defendant was charged with the crime of accepting the earnings of a prostitute.… — This action was brought by the plaintiff to enjoin the city of Seattle and its board of public works from forfeiting and canceling a contract for the construction of a railway within the city limits.… On Rehearing. — Upon a rehearing of this case by the court Bn Banc, the majority still adhere to the original opinion as found in 69 Wash.… Larned v. Holt & Jeffery, Inc. Page 460 — The plaintiff sought to recover from the defendant damages in the sum of $1,032 for injury to his hotel business by noise, smoke and vibration, which he claims resulted from the operation of the defendant’s cars and engines upon a temporary trestle in the street in front of the hotel building occupied by him in… Gerard-Fillio Co. v. McNair Page 462 — The respondent brought this action to recover six hundred dollars claimed by it to be the balance due upon a commission for bringing about an exchange of properties between appellants and third parties.… Walker v. Lanning Page 462 — This is an appeal by the intervener, Bratnober Lumber Company, from a judgment denying a lien upon certain property belonging to the defendants Pierano, for the value of materials delivered at the request of the defendant Lanning, their contractor.… Wright Restaurant Co. v. Wright Page 464 — The purpose of this action is to obtain a permanent injunction restraining the use of a trade-name and to recover damages.… Jorguson v. Apex Gold Mines Co. Page 465 — On March 22, 1909, appellant purchased from the respondent two thousand shares of its capital stock for the sum of $1,000.… Richman v. Wenaha Co. Page 467 — Appeal from an order denying motion to open up a default, and judgment entered thereon.… Liebeck v. Wilson Page 468 — In the year 1906, respondent loaned appellant $4,-000.… Toon v. McCaw Page 469 — The plaintiff brought suit upon the following note : “$500.… On the 30th day of July, 1910, the plaintiff Hoyt, appellee here, filed his complaint in the district court, claiming damages on account, as it is alleged, of negligence on the part of the defendant in permitting a band of sheep belonging to it, and which was afflicted with a disease known as scab, to stray from their… Tbe plaintiff by this action seeks to have adjudged that the defendants hold!… Russell v. State Page 475 The plaintiff in error, Will Russell, was tried and convicted at the June, 1911, term of the district court of Love county on a charge of assault with intent to kill, and his punishment fixed at imprisonment in the state penitentiary for one year and one day.… This appeal is prosecuted for the purpose of reversing part of the order of the Corporation Commission entered in the above-entitled cause.… Giddings v. Board of Trustees Page 479 This is an application for a writ of mandate requiring respondents either to adopt an ordinance proposed by electors of the city, or to call a special election in said city and to submit such proposed ordinance to the electors thereof at such special election.… Osmont v. All Persons, Etc. Page 480 This action, brought under the McEnerney Act, was commenced in August, 1909.… The Pacific Coast Savings Society was incorporated in January, 1891.… R. H. Herron Co. v. Shaw Page 488 This is an action against the several defendants, as stockholders of a corporation named Kern River Mining and Power Company to recover a separate judgment against each of them in a sum equal to the amount unpaid upon his subscription for the stock of said company held by him, not exceeding, however, the debt which it… Needels v. Coffee Page 491 There is but one question presented upon this appeal possessing any merit, and that relates to the sufficiency of a finding of the court with reference to an offer of reconveyance before suit.… Jones v. Bay Cities Electric Co. Page 492 This is an action for the rescission of a contract and for damages for its breach.… People v. Scott Page 496 In the information filed against him, defendant was charged with "selling land twice in violation of section 533 of the Penal Code of California." It was particularly set forth that, "on April 13, 1911, the defendant held in trust for one Victor E.… Gise v. Myers Page 500 This is an appeal from an order of court granting a peremptory writ of mandate directed to John S.… Lund v. Ganahl Page 501 In January, 1907, Ganahl & Co., a copartnership, with certain individuals and a corporation agreed to form a shipping corporation to purchase several steamers, to be operated on the Pacific coast in the lumber trade.… Taylor v. Darling Page 503 This case was heard in this court before, (Taylor v. Darling,17 Cal.App.… Skelton v. Schacht Motor Car Co. Page 504 Plaintiff sued to recover damages which he alleged that he had sustained by reason of certain automobile *145 parts of the value of $177.20 having been converted by defendants, and for the further sum of six hundred dollars for loss of time and money spent in hiring vehicles to use in the place of an automobile the… Brown v. Brashear Page 505 Plaintiff was awarded a judgment for the sum of $1,391 following the verdict of a jury, as damages for personal injuries received by him through the alleged negligence of defendant.… Seccombe v. Roe Page 507 This action was to recover the balance due upon a promissory note originally secured by a deed of trust; it being alleged that upon default in the payment of the note by defendants the property described in the deed of trust was sold and the net proceeds derived from said sale applied upon such note.… Davis v. National Lumber Co. Page 509 Action to recover the value of two horses and one mule alleged to have been delivered by plaintiff to defendant as bailee.… Carroll v. Bostwick Page 509 Action to determine the validity of certain tax-deeds purporting to have been made by the state to defendant, pursuant to the provisions of certain sections of the Political Code for delinquent taxes for the year 1904, and under and by virtue of which defendant claims to have acquired plaintiff's title to the town… Meyer v. Buckley Page 510 This is an action by plaintiffs against the defendant to recover for certain services as architects alleged to have been rendered by plaintiffs at the instance and request of defendant.… Thompson v. McKenna Page 512 Action to quiet title to land. The facts of the case are as follows: On November 10, 1890, John McKenna and Norah Anna McKenna were husband and wife.… Berthiaume v. John Doe Page 515 This is an action of claim and delivery for the return of lost property.… People v. Kizer Page 516 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… State ex rel. Jamison v. Forsyth Page 521 The original jurisdiction of this court is invoked in this case.… Richardson v. Simpson Page 534 The opinion of the court was delivered by The state board of dental examiners revoked the license of W.… Burnett v. Topeka Railway Co. Page 534 *283The opinion of the court was delivered by The plaintiff sued for damages alleged to have been caused by the sudden starting of a car while he was in the act of alighting.… The opinion of the court was delivered by The plaintiffs sued for damages resulting from the death of their son, who was killed while trespassing on one of the defendant’s trains.… The opinion of the court was delivered by This action was brought by appellee to recover damages against appellant for the killing of her husband at Phillipsburg, Kan., by the negligent operation of a train upon which the deceased was riding and in which he was shipping an emigrant car loaded with “emigrant freight,”… Ennis v. Nusbaum Page 537 The opinion of the court was delivered by Annie Ennis, a married woman, presented to the administrator of Obed Christ an account for board and washing furnished the intestate.… Commercial State Bank v. Ross Page 538 The opinion of the court was delivered by George W.… The opinion of the court was delivered by This is an action to recover a claimed balance qf freight charges for a shipment of property from Enterprise, Kan., to Oaksdale, Wash.… The opinion of the court was delivered by The Kansas Milling Company, a Kansas corporation organized in 1906, has since that time been engaged at Wichita in the manufacture and sale of flour, its business extending throughout the Union and to foreign countries.… Nesbitt v. Chesebro Page 545 The opinion of the court was delivered by This is a suit in equity brought to foreclose a written contract made August 18, 1909, between appellees J.… In re the Disbarment of Wilcox Page 547 The opinion of the court was delivered by This is an original proceeding brought to disbar E.… Roman v. City of Leavenworth Page 551 The opinion of the court was delivered by The plaintiff, by his next friend, sued to recover damages for injuries sustained while playing on the city dump.… The opinion of the court was delivered by The Galena Home Telephone Company maintains a telephone exchange in the city of Columbus, and the defendant, the Empire District Electric Company, supplies the inhabitants of the city with electric light and power.… The opinion of the court was delivered by Charles F.… The opinion of the court was delivered by MoIIie J.… The opinion of the court was delivered by This case is a companion of that of Cheek v. Railway Co., 89 Kan.… Stroupe v. Hewitt Page 562 *201The opinion of the court was delivered by This is an action for an assessment of damages and for the cancellation of a note and mortgage for alleged fraud and deceit in the sale and exchange of property.… Kemper Grain Co. v. Harbour Page 565 The opinion of the court was delivered by The Kemper Grain Company owned several cars of wheat upon the tracks of the Santa Fe Railway Company at Wichita.… Ow v. Dalhoff Page 569 The opinion of the court was delivered by In 1887 one Conley obtained a judgment on a note and order of foreclosure of a real-estate mortgage, given to secure the note, against the appellee and her husband.… Leonard v. Hartzler Page 570 The opinion of the court was delivered by This was an action by the appellee to recover from appellants real property in the vicinity of the city of Goodland.… Disney v. Lang Page 572 The opinion of the court was delivered by This was an action to recover upon a number of promissory notes and to foreclose a mortgage given to secure their payment.… Griffin v. Fredonia Brick Co. Page 574 *376The opinion of the court was delivered by This is the second appeal in this case.… Robbins v. Maddy Page 575 The only question presented upon this appeal is whether the purchaser of land subject to a mortgage may successfully interpose the defense of usury in the notes secured by the mortgage.… Western Grocer Co. v. Alleman Page 575 This is the second appeal which the plaintiff has taken from a judgment in favor of the interpleader* V.… The opinion of the court was delivered by The city appeals from a judgment petmanently enjoining the collection of special assessments for street paving.… Stewart & Holmes Drug Co. v. Reed Page 577 — In this action, the plaintiff, by garnishment, sought to enforce against the garnishee defendant Reed an alleged liability under the sales-in-bulk law.… Allen v. Migliavacca Realty Co. Page 580 — Plaintiff, as the assignee of one Louis Morin, seeks recovery of money alleged to have been paid as rent for a building situated on defendant’s lot in Bremerton.… Lee v. Hillman Page 583 — The plaintiff seeks recovery from the defendants of the value of certain property which he claims to have surrendered to them in payment of usurious interest upon loans made by them to him.… Ruuth v. Morse Hardware Co. Page 587 — This is a bill in equity to quiet the title to real estate situated in the city of Seattle.… Woods v. McIvor Page 590 — On or about the 27th day of May, 1912, plaintiff purchased of the defendant a certain automobile.… State v. Crawford Page 590 — Section 25 of the public service commission law (Laws 1911, p.… — The plaintiff commenced this action seeking recovery of damages from the defendant, which he claims resulted to him from the casting of large quantities of soot, lamp black, and noxious fumes from the defendant’s gas manufacturing plant upon residence property owned by him and situated near the defendant’s plant… Carr v. Remele Page 593 — This action was begun in Adams county.… Way v. Pacific Lumber & Timber Co. Page 595 — Plaintiff and H. M. Gould were copartners, doing an insurance business in the city of Seattle.… Howard v. Bussell Land Co. Page 596 — Upon the hearing of this appeal, a motion was made to strike the statement of facts upon the ground that the same was not filed nor served within thirty days from the entry of the judgment, and no extension of time had been granted.… Schwabacher Bros. & Co. v. Murphine Page 598 — This is a suit upon an account for goods, wares and merchandise, alleged to have been sold to Samuel S.… Orr Co. v. Interlaken Land Co. Page 599 — This is a suit to recover a broker’s commission upon an alleged sale of real estate.… Hoover v. Bouffleur Page 602 — On the 9th day of February, 1912, plaintiffs were the owners of lot 10, in block 3, Richland Park addition to Spokane Falls.… — This action was brought by the plaintiff to recover damages for personal injuries.… Beers v. Beers Page 605 — The purpose of this proceeding is to modify a decree of divorce.… Kinnear v. Ross Page 607 — This action was instituted by the appellants to enjoin the commissioner of public lands from selling, *392as property of the state, certain tide lands, known on the official plats of the state as block 411, Seattle tide lands.… — This action was brought under the Federal employers’ liability act on behalf of the widow and minor child to recover damages for the death of Frank E.… — These consolidated cases come to this court on appeal for the second time.… Hope v. Brown Page 612 — The plaintiff seeks to recover from the defendants the possession of a tract of land lying along the common boundary line of two five-acre tracts.… Seattle National Bank v. Becker Page 613 — Appeal from a judgment upon a promissory note, after sustaining a demurrer to affirmative defenses.… Tirey v. Darneal Page 614 Elias Darneal, the defendant in error, is a Choctaw Indian by blood, and received as a *Page 607 part of his allotment as such Choctaw citizen the southeast quarter (S.E.… This is an application for a writ of mandate requiring respondents to execute and deliver to petitioner a contract alleged to have been awarded to him as contractor for the construction and erection of a group of buildings for the state normal school at Los Angeles.… Petition for a hearing in this court after decision in the district court of appeal is denied.… Staley v. O'Day Page 620 This is an appeal by plaintiff from an order vacating and setting aside a judgment by default entered against the defendant.… Roper v. Gould Page 622 Action against defendant as indorser of a promissory note.… Boyd v. Big Three Ranch Co. Page 623 The action was one by a firm of real estate brokers to recover commissions on account of the sale of real estate.… Klein v. Turner Page 625 delivered the opinion of the court. It appears that one John Suckert was the owner of the land in dispute, and from him both parties claim.… Wrenn v. University Land Co. Page 627 delivered the opinion of the court. This suit for specific performance is based on a written contract of which the following is a copy, in part, to wit: “This contract, made and entered into this 15th day of February, 1907, by and between University Land Company, a corporation of Multnomah County, Oregon, as first… Willey v. Herrett Page 630 delivered the opinion of the cburt. According to the language of his brief, the defend* ant presents two questions: “ (1) The right óf a plaintiff to amend his complaint by changing the cause of action from an action on current account to an action on express contract; (2) the authority of the jury to pass upon the… Churchill v. City of Albany Page 632 delivered the opinion of the court. The ordinance upon which this suit is based is set out in full in the amended complaint, and is in the following words: “Every person, firm, company, or corporation owning or conducting any cigar-store, soft-drink parlor, *444billiard or pool parlor, restaurant or other like place… Palmer v. E. Clemens Horst Co. Page 634 delivered the opinion of the court. 1. On the trial in the court below plaintiff was called as a witness in his own behalf, and testified as to the location of defendant’s hopyards while he worked, and.… Caraduc v. Schanen-Blair Co. Page 636 delivered the opinion of the court. 1. There were no contractual relations existing between the plaintiff and the defendant.… Barr v. Minto Page 639 Opinion by 1. The first question presented is as to the sufficiency of the pleadings.… Sullivan v. Wakefield Page 641 delivered the opinion of the court. The question for decision on this appeal is, whether or not the court below erred in setting aside the verdict and judgment, and in granting a new trial.… Zobrist v. Estes Page 644 Plaintiff introduced evidence tending to show that he was deceived by the defendant in the purchase of the stock, to his injury.… Prement v. Wells Page 647 delivered the opinion of the court. 1. The first assignment of error relates to the ruling of the court permitting the following question to be answered by the respondent: “Did anyone tell you there, the foreman or anyone who had the supervision there in the mill, as to what kind of shoes you should wear?” Counsel for… Standrod v. Case Page 651 This action was instituted by the appellant to enjoin and restrain the assessor and ex-offlcio tax collector of Bannock county and the city of Pocatello from the collection of certain taxes levied and assessed against the property of appellants, and to restrain and enjoin the assessor from selling the property for… on rehearing. 3. The provisions of see. 2339, TT.… The Hillcrest Irrigation District, respondent, instituted this action in the district court praying for a decree of the court adjudging the Hillcrest Irrigation District legally organized as such in accordance with the laws of the state, and that the proceedings of the district leading up to and authorizing the… De Cloedt v. De Cloedt Page 664 This action was brought in the district court by the respondent against the plaintiff for a divorce, and in the complaint judgment was prayed for in the sum of $5,895, with interest, by reason of the fact that such sum was due her on account of defendant’s securing her signature to a certain agreement upon the… Tonkin-Clark Realty Co. v. Hedges Page 669 This action was brought by the plaintiff against the defendant to recover the sum of $699.27 for services on an alleged sale of real estate owned by the defendant and alleged to have been listed for sale and sold to A.… Brose v. Twin Falls Land & Water Co. Page 673 This is an appeal from the judgment. The court sustained a demurrer to the complaint, on the ground that there was a misjoinder of parties defendant.… This action involves the same question of law that has just been passed on in the case of Brose v. Twin Falls Land & Water Co. The only difference between the two cases is that the Brose ease was prosecuted for damages caused on account of seepage and percolation, and in the present ease the action is prosecuted… Titus v. Anaconda Copper Min. Co. Page 677 delivered the opinion of the court. The plaintiff was employed by the defendant company as a stationary engineer, and while in the discharge of his duties was injured.… delivered the opinion of the court. On March 21, 1913, an action in unlawful detainer was commenced in the district court of Silver Bow county, by the Centennial Brewing Company against O.… Latimer v. Nelson Page 680 delivered the opinion of the court. This is an appeal from an order of the district court of Missoula county refusing to issue an injunction pendente lite.… Daily v. Marshall Page 681 delivered the opinion of the court. Action by respondent to recover from appellant the sum of $5,347.13, alleged to be due on account of goods, wares and merchandise sold and delivered to the Missoula Palace Market, a corporation, organized and existing under the laws of Montana.… delivered the opinion of the court. Action by the plaintiff for damages for personal injuries suffered by him during the course of his employment by the defendant.… Brown v. Erb-Harper-Rigney Co. Page 691 delivered the opinion of the court. Action to foreclose a chattel mortgage.… Cook-Reynolds Co. v. Chipman Page 694 delivered the opinion of the court. On June 17, 1910, the parties to this action entered into a written agreement for the sale by respondent — plaintiff below— and the purchase by appellant- — defendant below — of certain real and personal property situate in Fergus county.… Fratt v. Daniels-Jones Co. Page 700 delivered the opinion of the court. On March 26, 1909, David Fratt and wife entered into a contract in writing with the Daniels-Jones Company, a corporation, by which they sold and agreed to convey to the company Sec. 7, Tp.… Van Arsdale v. Peacock Page 703 The opinion of the court was delivered by The question in this appeal is whether the plaintiff as mortgagee, or the piano company, has the right to the possession of a piano upon the follow*348ing facts: A.… O'Neil v. Eppler Page 705 The opinion of the court was delivered by The action in the district court was one to enjoin the execution of a money judgment rendered against the plaintiff, O’Neil, and in favor of the defendant, Eppler.… Hunt v. Remsberg Page 706 The opinion of the court was delivered by This case presents a question of res judicata and no other demanding consideration.… Remy v. Fowler Packing Co. Page 707 The opinion of the court was delivered by The appellee brought this action against the appellant, the Fowler Packing Company, and the St. Louis & San Francisco Railroad Company to recover damages for personal injuries alleged to have been received while in the discharge of his duties in taking the temperature of… Buchanan v. Blair Page 709 The opinion of the court was delivered by The only question presented concerns the applicability of the factory act to the elevator, operated by unguarded machinery, in which the plaintiff was injured.… Keener v. Lloyd Page 710 The' opinion of the court was delivered by The principal question involved in this litigation was whether the action brought by the appellant, S.… On July 3, 1908, a judgment of this ( court was entered permanently enjoining the city of Coffeyville, its officers and agents, from licensing persons to sell liquor or to maintain places for the salé thereof by levying fines in simulated prosecutions of other makeshifts and devices, and also from licensing bawdy… The petition for rehearing in this case asserts that the case was decided upon a misstatement of facts established by the evidence.… Weeks v. Seymour Packing Co. Page 713 The opinion of the court was delivered by In his petition the appellee summarized his grounds of complaint against the appellant as follows : “That said elevator and elevator shaft were improperly constructed, in that the same were placed too close to the west wall of the refrigerator room as aforesaid, *366and in not… Wilson v. German-American Insurance Page 715 The opinion of the court was delivered by This was an action begun by the appellees, Charles M.… Rogers v. Dockstader Page 717 The opinion of the court was delivered by This was an action to recover rent claimed to be due by the terms of a written lease.… The opinion of the court was delivered by J.… Van Gundy v. Shewey Page 720 The opinion of the court was delivered by The action in the district court was brought by the plaintiff, Estella Van Gundy, as vendor, to compel the defendant, Clum C.… Haughton v. Bilson Page 722 The opinion of the court was delivered by This litigation originated in an appeal from the report of a survey which located the center of a section of land.… The opinion of the court was delivered by The parties to this action are designated as plaintiff, defendants, intervener and receiver.… Brown v. Stuart Page 725 The opinion of the court was delivered by These are suits brought to forfeit and set aside deeds made to defendant The Kansas City and Olathe Electric Railway Company on the ground *303of the failure of the company to construct the road.… Gilmore v. State National Bank Page 726 The opinion of the court was delivered by Action to enjoin the levy of an execution upon real, estate.… Edwards v. Union Pacific Railroad Page 728 The opinion of the court was delivered by This is an appeal from a judgment in plaintiff’s favor for injuries caused by the engine of a pasenger train, which plaintiff was intending to board, striking her as it pulled into the station at Hays.… The opinion of the court was delivered by The plaintiff recovered a judgment against the defendant for $8000 damages for the death of her husband, F.… Wells v. Swift & Co. Page 732 The opinion of the court was delivered by W.… First National Bank v. Livermore Page 734 The opinion of the court was delivered by The Olathe Milling & Elevator Company, a corporation, borrowed two thousand dollars of C.… Baker v. United Iron Works Co. Page 737 The opinion of the court was delivered by This is an appeal from a judgment awarding damages for personal injuries.… Wunsch v. Wunsch Page 740 The appellant and the appellee are, and during all the time referred to were, husband and wife.… County Court of Phillips v. People Page 752 delivered the opinion of .the court: In a certiorari proceeding the district court annulled a judgment of the county court of Phillips county, rendered in favor of J.… Schon v. Crouch & Case Page 765 On July 10,1909, defendants in error, Crouch & Case, filed their complaint in the district court to recover from *368the plaintiff in error, Schon, the sum of three hundred thirty ($330) dollars.… Silliman v. Silliman Page 769 delivered the opinion of the court. 1. The plaintiff was entitled to a decree for an undivided one third of the defendant’s real property referred to in the complaint and in the findings of fact: Section 511, L.… Ashley & Rummelin v. Himmelfarb Page 771 delivered the opinion of the court. 1. It is first contended that defendant was not liable on his indorsement of the draft because it was not protested for nonpayment.… Gibbons v. Hood River Irr. Dist. Page 772 delivered the opinion of the court. 1. The act of 1913 (Laws 1913, p.… Richardson v. Investment Co. Page 773 delivered the opinion of the court. Two questions are presented by the appeal: (1) Was the testimony sufficient to authorize the court to make a finding of fact to the effect that the plaintiff had fully performed the contract declared upon?… Equi v. Olcott Page 775 delivered the opinion of the court. 1. By the act of February 28, 1913 (Laws 1913, p.… In re S. Marks & Co.'s Estate Page 777 delivered the opinion of the court. 1. In the trial of this proceeding in the County Court the evidence was taken as fully as it would have been upon an acounting.… In re Marks & Wollenberg's Estate Page 779 Department 2. delivered the opinion of the court.… Buchanan v. Lewis A. Hicks Co. Page 780 delivered the opinion of the court. It is contended that errors were committed in refusing to grant a judgment of nonsuit, and in declining *506to instruct the jury to find a verdict for the defendant when the cause was finally submitted.… Ackles v. Pacific Bridge Co. Page 781 Opinion by This appeal presents practically but one proposition: Can the defendant be heard to say that Jeffery & Buff-ton were independent contractors, and, therefore, the parties solely responsible for the injury?… Bross v. McNicholas Page 782 delivered the opinion of the court. The initial error assigned and relied upon by counsel for the defendant, the Pacific Surety Company, is founded upon the refusal of the court to instruct the jury that, “upon the undisputed facts in evidence in this case, you are directed to return a verdict for the defendant the… Kingsley v. United Rys. Co. Page 785 delivered the opinion of the court. The first and most important question to be determined arises from the contention that plaintiff has not the legal estate and right to possession of the premises as required by law to authorize ejectment.… Eilers Music House v. Reine Page 788 delivered the opinion of the court. 1. This is a suit in equity for an accounting, and the question for decision is whether the respondent, M.… Gray v. Beard Page 791 delivered the opinion of the court. S. M.… Beard v. Beard Page 795 delivered the opinion of the court. The defendant contends that the court erred: (1) In overruling the motion for a judgment of nonsuit, made by the defendant at the close of plaintiff’s evidence; and (2) in overruling the motion for a directed verdict in favor of the defendant, made at the close of all the evidence.… Beard v. Beard Page 797 delivered the opinion of the court. The first point urged by the defendant’s counsel is raised by the demurrer and by the third separate answer, to wit, that it is not within the judicial province of a court of this state to supervise the internal affairs of a corporation of the State of Washington.… Franck v. Blazier Page 800 delivered the opinion of the court. It is plaintiff’s contention that he informed defendant fully in regard to the complicated deal and that all he did was for the best interests of defendant, and necessary to consummate the transaction and obtain the money required by the defendant; that it was an honest arrangement.… Yuen Suey v. Fleshman Page 803 delivered the opinion of the court. This is an action to recover $2,732.30 and interest, based on the following facts: On the 29th day of April, 1908, the appellant and respondent entered into a contract of lease, whereby the appellant demised to the respondent a three-story brick building which he erected for the… State v. Kelsey Page 806 delivered the opinion of the court. It will be remembered that ordinance No. 64, prescribing the manner of exercising the initiative power in the City of Gold Hill, required the recorder at every election to cause to be printed in consecutive order on the official ballot the title, of all measures to be voted upon… Crane v. Oregon R. & N. Co. Page 810 delivered the opinion of the court. 1. A motion to dismiss the plaintiffs’ appeal has been interposed on the ground that since the judgment was rendered the controversy involved in the action has been settled by the parties.… Haradon v. Coffey Page 815 delivered the opinion of the court. The county clerk of any county containing more than 50,000 inhabitants, which limitation applies to Multnomah County, is required to collect in advance from the party instituting any civil suit, action or proceeding the sum of $10 on account of fees.… Johns v. City of Pendleton Page 817 Opinion by 1. The principal, contention here urged is that the selection of a patented paving compound manufactured by a single company, and exclusively controlled by it, rendered it impossible for any but a single corporation to bid, and that it is therefore inimical to that provision of the city charter of Pendleton… Thomas v. Spencer Page 822 delivered the opinion of the court. This suit was brought by the plaintiff against the defendant to quiet the plaintiff’s title to the 160 acres of land described in the complaint.… Kelly v. Lewis Inv. Co. Page 826 delivered the opinion of the court. 1. It is contended that an error was committed in refusing to grant a judgment of nonsuit.… Portland v. Inman-Poulsen Lum. Co. Page 829 Opinion by 1. This case was tried before Hon.… McMahan v. Olcott Page 836 delivered the opinion of the court. Descriptively the project having our attention is situated in Crook County, Central Oregon, on the west side of the Deschutes River, embracing an area about 15 miles long and from six to eight miles wide.… Singer v. Taylor Page 841 *286The opinion of the court was delivered by This was an action by Sallie C.… The opinion of the court was delivered by While this action was pending upon a petition for a rehearing the defendant filed depositions in this court tending to prove that W.… Reynolds v. New Century Mining Co. Page 844 *209The opinion of the court was delivered by The defendant appeals from a judgment in favor of the plaintiff for damages for personal injuries suffered in the defendant’s lead and zinc mine in which he was a laborer.… The opinion of the court was delivered by The appellees brought two actions against the appellant in a justice court of Labette county to recover damages on two shipments of cattle from Wichita Falls, Tex., to St. Louis, Mo.… Akins v. Holmes Page 849 The opinion of the court was delivered by The action in the district court was one to compel the specific performance of a contract to convey real estate.… Hockett v. Earl Page 852 The opinion of the court was delivered by The principal question upon this appeal is whether a warranty deed made by the plaintiif to defendant Earl was intended as a mortgage or as an *734absolute conveyance.… Bond v. Bankers Life Ass'n Page 854 The opinion .of the court was delivered by This was an action to recover on a contract of insurance.… The opinion of the court was delivered by This case comes up on an attempted appeal from an alleged temporary injunction and on motion to dismiss such appeal.… State v. Taylor Page 861 The' opinion of the court was delivered by Harry J.… The state brings an action against Don A.… Brown v. Cruse Page 865 The opinion of the court was delivered by The plaintiff, a patent attorney and mechanical draftsman and model maker, constructed a model for the defendants who were attempting to procure a patent on a certain machine.… Underwood v. Fosha Page 866 The opinion of the court was delivered by These appeals are from a judgment in which the plaintiff recovered upon one of two promissory notes, and was denied a recovery'upon the other.… The opinion of the court was delivered by This appeal is from a judgment for damages for the death of the plaintiff’s husband at a railroad crossing in Newton.… Cain v. Western Union Telegraph Co. Page 874 The opinion of the court was delivered by This appeal is to determine the measure of damages for failure to correctly transmit a telegraph message upon the following facts: The plaintiffs owned a farm of 640 acres occupied by Mrs. Reeves, their tenant, who had indicated a wish to purchase it.… State v. Miller Page 878 The opinion of the court was delivered by The defendant appeals from a conviction of the offense of employing means and administering substances with intent to procure an abortion and mis*232carriage.… The opinion of the court was delivered by The plaintiff in its petition states a cause of action for the recovery of a penalty under the provisions of section 7205 of the General Statutes of 1909 for an aggregate of twenty-eight days’ delay at five dollars per day on fourteen cars of grain loaded at Oneida, Kan., and… Newby v. Fox Page 890 The opinion of the court was delivered by T.… The opinion of the court was delivered by The question to be determined in this case is whether a bond given by a surety company guaranteeing the faithful performance of a contract for the erection of a building is discharged by the failure of the owner to retain the final payment provided for in the contract until… Hobbs v. Twin Falls Canal Co. Page 899 This is an appeal from a judgment of the district court denying an injunction.… This is an appeal from an order of the district court, approving and confirming the proceedings of the Little Willow Irrigation District, for the issuance of the bonds of the district in the amount of $165,000.… Clopton v. Meeves Page 907 This action was instituted for the collection of a commission for the.… This case involves the same question considered and passed upon in Little Willow Irrigation District v. Haynes, ante, p.… Fischer v. Davis Page 910 The respondent moved to dismiss the appeal in this case upon the following grounds: “ (1) Because the reporter’s transcript was not completed and lodged within the time prescribed by subd.… This action was instituted in the district court of Ada county by plaintiffs, respondents here, against the defendants, to secure a permanent injunction restraining *41the defendants from completing a certain dam constructed by defendants in Boise river, and from filling in a portion of the river channel behind said… Leach v. Village of Nez Perce Page 926 This action was brought to have the election in Lewis county, which was held for the purpose of establishing permanently the county seat of that county, under the provisions of sec.… Davidson Grocery Co. v. Johnston Page 929 This is an action for conversion of personal property of the value of $7,517.25.… Farwell v. Farwell Page 958 delivered the opinion of the court. This action was brought to obtain a decree of divorce on the ground of adultery, and for the custody of the minor child, the issue of the marriage.… State ex rel. Danaher v. Ray Page 961 delivered tbe opinion of tbe court. Application to tbe district court of Lewis and Clark county for mandamus to compel the defendant, as register of lands for tbe state of Montana, to issue and deliver to tbe relatrix a certificate of sale of certain lands described in tbe affidavit, the same being a portion of the… State ex rel. Wilson v. Willis Page 962 delivered the opinion of the court. The city of Butte is composed of eight wards and its full complement of aldermen is sixteen.… O'Rourke v. Grand Opera House Co. Page 965 delivered the opinion of the court. This action was brought by John O ’Rourke to recover of the defendant corporation on two counts, the first upon a promissory note executed by the defendant to O ’Rourke, and the second *464upon an account stated for money expended by him for the use and benefit of the defendant.… Bateman v. Gitts Page 969 OPINION OP THE COURT. On the 25th day of October, 1909, the District Court of Chaves County, New Mexico, entered a decree in this case by which the appellee was given a first lien on sixteen shares of stock of the American National Bank of Roswell, owned by one Julius J.… Beck v. Chambers Page 972 OPINION OP THE COURT. This is a suit’ in equity to forfeit and cancel a contract for the exchange of land, where the defendant in the court below, appellant here, in apparent good faith, entered into possession of the land, which he was to obtain title to under the contract, as was his right thereunder, and made… OPINION OF THE COURT. The transcript in this case was filed in the clerk’s office March 1, 1913.… Feder Silberberg Co. v. McNeil Page 975 OPINION OP THE COURT. This is an action brought by plaintiff in error against defendants in error to recover the penalty of a bond executed by them to the plaintiff to secure the fidelity of LeMar McNeil as an employee of the plaintiff.… Plaintiff brought the action to recover the sum of three hundred and thirty-five dollars which, it is alleged, he was induced, by false and fraudulent representations, to pay to defendant as a part of the purchase price of certain lots of land in San Mateo County.… Souza v. Joseph Page 981 Plaintiff brings the action to recover damages for the alleged breach by defendant of a written contract between plaintiff and defendant, dated February 1, 1910.… Hupp v. Superior Court Page 987 Certiorari to review the action of the superior court in adjudging petitioner guilty of contempt.… Kneiser v. Belasco-Blackwood Co. Page 989 Respondent, as assignor of a certain lease covering a theater and business building located in the city of Los Angeles, was sued in this action for damages alleged to have been sustained by plaintiff because of respondent's negligence in failing to keep in repair a certain stairway leading from the ground floor of the… Moore v. Superior Court Page 990 The question to be determined grows out of a proceeding in the juvenile court of Sacramento County involving the adjudication of the dependency of certain minor children.… Temescal Water Co. v. Niemann Page 992 Plaintiff, a California corporation, alleged in its complaint that at all times mentioned therein it was, as trustee for the use and benefit of its stockholders, the owner of certain real property in the county of Riverside, consisting of canals, pipe-lines, ditches, and conduits for the conveyance and distribution of… Van Damme v. McGilvray Stone Co. Page 995 This is an appeal from an order of the superior court of the state of California in and for the city and county of San Francisco denying the defendant's motion for a new trial.… Ralphs v. Burns Page 997 The amended complaint filed in this proceeding alleged the incompetency of Dreher at all times mentioned therein, an adjudication thereof, and the regular appointment of plaintiff as guardian.… Haines v. Wooster Page 998 This is an action to recover commissions, alleged to have been earned by the plaintiff as a broker in selling a certain piece of real property.… Lytle v. Allison Page 999 The action was based upon the following contract entered into between plaintiff’s assignor and defendant: “Fairbanks, Morse & Company.… Hagen v. Mills Page 1000 — The parties to this action are contending over the ownership of a vacated street lying between lot 3, in block 162 and block 165, in Gilman Park addition to the city of Seattle.… State v. City of Seattle Page 1005 — In this action, respondents, the contractors in the local improvement known as the Denny Hill regrade, sought to compel the city to levy supplemental reassessments upon private property in the amount of $76,112.19.… Boyle v. Boyle Page 1009 — This is a proceeding wherein the plaintiff seeks to have the defendant adjudged to be in contempt of court for his failure to pay alimony.… Richardson v. Sears Page 1010 — This action was brought for the purpose of compelling a conveyance of real estate.… State v. Pettit Page 1014 — The defendant, together with Florence Pet-tit, his wife, were charged by information with the crime of grand larceny.… Birch v. Abercrombie Page 1020 — This is an action to recover damages for injuries sustained by the plaintiff, Julia M.… Exchange National Bank v. Pantages Page 1025 — The lower court sustained a general demurrer to the plaintiff’s complaint in this case and dismissed the action.… Aylmore v. Hamilton Page 1027 — It is sought in this action to restrain the sale of an issue of $3,000,000 of King county road bonds, the case coming here on an appeal by the plaintiff from a judgment sustaining a demurrer to his complaint.… Shorett v. Knudsen Page 1029 — Respondent brought this action to enforce the specific performance of a contract to purchase real estate in which the decedent is named as vendee.… Engleson v. Port Crescent Shingle Co. Page 1030 — In this action the respondent recovered against the appellant for services rendered in the sale of certain timber owned by the appellant; a part of such timber being upon lands owned by the appellant, and a part thereof on lands of third persons who had sold the timber on such lands to the appellant.… — -The respondent is engaged in the business of manufacturing lumber, cross ties, box shooks, and other timber products, one of its principal manufacturing plants being in the city of Bellingham.… Mundy v. Kern Page 1035 — The purpose of this action is' to obtain an injunction restraining the levying of an execution, and to have declared void a judgment upon which the execution issued.… Hoko River Boom Co. v. Fairservice Page 1037 On Reheabing. — The court has considered this case upon rehearing and the majority of the court adhere to the opinion as reported in 69 Wash.… Campbell v. People Page 1043 delivered the opinion of the court: Plaintiff in error caused the death of Roy Blackford, and for this homicide was charged with the crime of murder.… Carlson Sheep Co. v. Schmidt Page 1053 This action was brought by the defendants in error against the plaintiff in error to recover damages alleged to have been sustained by the mixing of the bands of sheep of the respective parties.… Claussen v. State Page 1055 The plaintiff in error was charged by information in the statutory form with the crime of murder in the first degree, tried and convicted of the crime of involuntary manslaughter and judgment pronounced against him upon the verdict, and he brings error.… Buty v. Goldfinch Page 1057 — The plaintiff commenced this action in the superior court, seeking recovery of real property, claiming title thereto under a tax deed executed by the treasurer of King county, in pursuance of a tax foreclosure judgment rendered in the superior court of that county.… Butterworth v. Bredemeyer Page 1061 — The respondent, plaintiff below, brought this action against the appellant to recover for services rendered and for funeral supplies furnished and used at the *525funeral of the appellant’s husband.… OPINION OP THE COURT. — This is a proceeding for a writ of prohibition against John T.… Murry v. Daughtry Page 1070 OPINION OP THE COURT. There are two. motions, for our consideration, for the dismissal of the appeal, raising substantially the same questions.… Williams v. Campbell Page 1071 Action by defendant in error, David A. Campbell, against plaintiff in error, W.… Laughlin v. King Page 1073 This action was brought in the District Court of Albany County by the defendant in error, Herbert King, against the plaintiff in error, L.… Blonde v. Merriam Page 1076 The plaintiff in error, Charles E. Blonde, was the defendant in the District Court.… Nichols v. Hufford Page 1084 This is a proceeding in error for the review of a judgment of the District Court sitting within and for the County of Uinta, disposing of a contest on appeal from the State *483Board of Control, involving the right of the plaintiff in error, Harry Nichols, to the use of the waters of Pine Creek, a tributary of Smith’s… Andree v. Anaconda Copper Mining Co. Page 1090 delivered the opinion of the court. Action for damages for personal injuries suffered by plaintiff during the course of his employment by defendant at its sawmill at Hamilton, Ravalli county.… Wallace v. Weaver Page 1099 delivered the opinion of the court. In 1865, William Wallace and his predecessors in interest located a ranch upon Dunkleberg creek, in Granite and Powell counties, appropriated all of the waters of that creek for irrigation and other useful purposes, and thereafter used all the waters of said creek for such purposes… delivered the opinion of the court: The complaint in this case was by The Consolidated Lumber Company against the defendant in error, The Co-Operative Investment Company, both of which were Colorado corporations.… Moore v. Bowers Page 1127 This cause comes on to be heard upon a motion to dismiss upon, among others, the following ground: "The decision of the Supreme Court in said cause would afford no actual relief and be followed by no practical results, for the reason that the only relief asked by the plaintiff in error is an injunction restraining the… Berry v. Woodward Page 1127 This is an appeal from the action of the court below in sustaining a demurrer to the petition of the plaintiff in error, plaintiff below.… Baughman v. Anicker Page 1128 Opinion by This was an action to quiet title to a certain tract of land in Muskogee county.… Maddin v. Robertson Page 1128 This is an action of ejectment originally instituted in the district court of Muskogee county by defendants W.… Metcalf v. State Page 1131 The plaintiff in error, R.A. Metcalf, was tried and convicted at the March, 1912, term of the county court of Ellis county on a charge of selling intoxicating liquor, and his punishment fixed at a fine of $200 and imprisonment in the county jail of 75 days.… Metcalf v. State Page 1131 The plaintiff in error, B. A. Metcalf, was convicted in the county court of Ellis county at the March, 1912, term on a charge of maintaining a place wherein intoxicating liquors were illegally sold, and his punishment fixed at a fine of two hundred dollars and imprisonment in the county jail for a period of 60 days.… Bloodsworth v. State Page 1131 The plaintiff in error, Plenty Bloods-worth, was convicted at the January, 1912, term of the district-court of Garvin county on a charge of larceny of live stock, and his punishment fixed at imprisonment in the state penitentiary for a year and a day.… Pate v. State Page 1132 Anthony Pate, the plaintiff in error in this cause, was convicted at the November, 1911, term of the *101 the district court of Pontotoc county on a charge of perjury, and his punishment fixed at imprisonment in the state penitentiary for a term of ten years.… Flynn v. State Page 1133 The plaintiff in error, Jack Flynn, was convicted at the January, 1912, term of the county court of Garvin county on a charge of selling intoxicating liquor, and his punishment fixed at imprisonment in the county jail for a period of six months and a fine of $500.… Jones v. State Page 1134 This appeal is prosecuted from a conviction had in the county court of Jackson county, in which plaintiff in error was found guilty of keeping a bawdyhouse, in violation of section 2467, Rev.… Teague v. State Page 1134 Plaintiff in error was convicted, and in accordance with the verdict of the jury was on the 3d day of February, 1912-, sentenced to be confined for 30 days in the county jail, and pay a fine of $50, under an information which charges that he did “unlawfully have in his possession certain malt liquors.… Smith v. State Page 1136 This appeal is prosecuted from a conviction had in the district court of Greer county on the 23d day of January, 1912, in which plaintiff in error was found guilty of adultery, and her punishment assessed id accordance with the verdict of the jury at imprisonment in the penitentiary for a period of one year.… Allen v. State Page 1138 Plaintiff in error, G.C. Allen, was tried and convicted at the April, 1912, term of the county court of Garfield county on a charge of having unlawfully sold cigarette papers to one Howard L.… Herrell v. State Page 1139 The names of the witnesses to be used by the state against the defendant were not indorsed on the information as directed by law.… Ex Parte Burris Page 1139 This is an original application made to this court for a writ of habeas corpus based upon the ground that the judge of the district court of Creek county is absent from the state.… Oelke v. State Page 1140 This appeal is prosecuted from a conviction had in the county court of Canadian county on the 11th day of November, 1911.… Ex Parte Burroughs Page 1142 This is a petition for writ of habeas corpus, and is filed for the purpose of setting at liberty J.… State v. Brown Page 1143 The county attorney of Coal county preferred and filed in the county court of Coal county an information, verified by his own oath, which, omitting title, verification, and in-dorsements, is as follows: “'In the name and by the authority of the state of Oklahoma now comes Jas.… Nicoll v. Nicoll Page 1144 The action was one to have a trust declared in certain premises described in the complaint, it being alleged in such complaint that plaintiff was the widow of John E.… McClure v. Nye Page 1145 We have before us two separate applications for writ of mandate to require the state controller to draw and issue his warrant upon the state treasurer in favor of petitioners for several claims presented in pursuance of certain acts of the legislature.… Bowles v. Hickson Page 1149 This action was brought to recover damages alleged to have been sustained by plaintiffs through the negligent act of defendants.… Baxter v. Riverside Portland Cement Co. Page 1150 The action was on account of personal injuries claimed by plaintiff, an employee of appellant, to have been occasioned through appellant’s negligence.… Black Eagle Oil Co. v. Belcher Page 1153 Action to quiet title. Judgment against plaintiff, from which, and an order denying its motion for a new trial, it appeals.… Dabney Oil Co. v. Providence Oil Co. Page 1155 This is an appeal from an order of court made pendente lite appointing a receiver.… Brownlee v. Board of Directors Page 1158 While a member of said Veterans' Home, at Yountville, in Napa County, the said John Murphy died intestate, on the thirtieth day of April, 1911.… Dodge v. Northern Electric Ry. Co. Page 1161 This is an action by the plaintiff to recover the sum of ten thousand dollars as damages for personal injuries.… Garner v. Meizel Page 1165 The cause was tried by the court without a jury and plaintiff had judgment.… Hubbard v. Price Page 1166 This action arises by virtue of a contest between plaintiff and defendant as to their respective rights to purchase a certain section of school land belonging to the state.… Nelson v. St. Helens Timber Co. Page 1167 delivered the opinion of the court. 1. - It is contended that an error was committed in refusing to set aside the judgment and to grant a new trial, the application therefor being based on the ground that the amount of damages awarded was excessive.… State ex rel. v. Siemens Page 1173 delivered the opinion of the court. The act under consideration was passed by the House of Representatives, February 14, 1913, by the Senate the twenty-fifth day of the month, received by the executive department on February 27th and filed with the Secretary of State on the same day.… Jones v. National Laundry Co. Page 1178 delivered the opinion of the court. 1. At the close of plaintiff’s case the defendant interposed a motion for nonsuit, specifying as grounds therefor that the testimony was insufficient to show any act of negligence on the part of the defendant which resulted in plaintiff’s injury; that the testimony shows that… Leiter v. Dwyer Plumbing Co. Page 1180 delivered the opinion of the court. The theory of the defendant, as pleaded in its answer, was that the 1st day of February, 1906, was made the date for the completion of the work covered by the subcontract by reference being made therein to the general contract, and since the general contractors failed to prosecute… Oatman v. Bankers' Fire Relief Ass'n Page 1183 delivered the opinion of the court. The evidence tended to show that the plaintiffs were the owners of the personal property insured.… Bingham v. National Brick & Clay Co. Page 1187 delivered the opinion of the court. There is no bill of exceptions nor transcript of the evidence in the record, but by stipulation the findings of the court are made part of the record on appeal.… Fraley v. Hoban Page 1190 *183Decided January 6, 1914. On the Merits.… Allen v. Angus Page 1190 delivered the opinion of the court. 1. This is a motion to dismiss an appeal.… delivered the opinion of the court. 1. The garnishee contends that the evidence does not sustain the findings made by the trial court.… Robison, Adm'r. v. Mullen Page 1194 This canse comes on to be heard upon the petition for rehearing, praying the court to review a former order, wherein it overruled a motion to dismiss the foregoing proceeding in error.… Carlisle v. State Page 1194 This appeal is prosecuted from a conviction had in the county court of Texas county on the 18th day of April, 1912, in which plaintiff in error was found guilty of unlawfully selling to J.… Barnes v. State Page 1194 The plaintiff in error, Jake Barnes, was tried and convicted at the April, 1912, term of the county court of Oklahoma county on a charge of operating a roulette game, and his punishment fixed at a fine of $500 and imprisonment in the county jail for a period of 90 days.… Dishon v. State Page 1195 This appeal is prosecuted from a conviction had in the county court of Caddo County on the 30th day of March, 1912, in which plaintiff was found guilty of the offense of having possession of intoxicating liquors with the intention of violating provisions of the prohibitory law, and his punishment assessed at… Grant v. State Page 1195 Plaintiff in error was convicted of unlawfully selling intoxicating liquor and on the 20th day of March, 1912, in accordance with the verdict of the jury he was sentenced to be confined in the county jail for thirty days and to pay a fine of fifty dollars.… Dewitt v. State Page 1195 The plaintiff in error, George H. DeWitt, was tried at the January, 1912, term of the district court of Alfalfa county on a charge of assault with intent to kill, and was convicted of the included offense of assault with a sharp and dangerous weapon with intent tó do bodily harm without justifiable or excusable cause… Caudill v. State Page 1195 In this case the Attorney General has filed a motion to dismiss appeal, which reads as follows: "Comes now the state of Oklahoma by the Attorney General and moves the court to dismiss the appeal herein, and for grounds for said motion shows: That heretofore, to wit, on the 17th day of July, 1912, in the case of State… Day v. State Page 1195 Plaintiff in error, Harry Day, was convicted under an information which charged that Harry Da.y and Doc Beech did have the possession of intoxicating liquor with the intent to sell said liquor contrary to law.… Williams v. State Page 1195 Plaintiff in error, Will Williams, was prosecuted in the district court of Choctaw county upon an indictment found by the grand jury of that county, which charged that he did steal a certain red cow, the property of C.C.… McLaughlin v. State Page 1196 Appellant was convicted for violating the prohibitory liquor law, and appealed.… Herndon v. City of McAlester Page 1196 Plaintiff in error was convicted in the }Dolice court of the city of MeAlester on a charge of selling intoxicating liquor, in violation of Ordinance No. 440 of said city of MeAlester.… Ex Parte Hamrick Page 1196 This is an application'for the writ of habeas corpus by G.… Herber v. State Page 1196 Plaintiff 'in error, Joe I-Ierber, was convicted under an information which charged that J.… Merchant v. State Page 1196 We find no prejudicial error in the record.… Pruitt v. State Page 1197 The plaintiff in error, Tom Pruitt, was convicted at the December^ 1911, term of the district court of Jefferson county on a charge of grand larceny, • and his punishment fixed at imprisonment for a year and a day in the state prison at Granite.… Weinberger v. State Page 1197 The plaintiff in error, Dave Weinberger, was convicted at the September, 1911, term of the superior court of Logan county, on a charge of having the unlawful possession of intoxicating liquor with intent to sell the same, and his punishment fixed at imprisonment in the county jail for a term of thirty days and a fine… Reed v. State Page 1197 The plaintiff in error, Jack Reed, was convicted in the county court of Ottawa county at the April, 1912, term, on a charge of selling intoxicating liquor, and his punishment fixed at a fine of three hundred dollars and imprisonment for a period of sixty days in the county jail.… Vann v. State Page 1197 The plaintiff in error, A. E. Vann, was convieted at the September, 1912, term of the district court of Cherokee county on a charge of embezzlement, and his punishment fixed at imprisonment in the state penitentiary for a period of three years, and the payment of a fine of $2,040.10.… Ross v. State Page 1197 Plaintiff in error, Prank Ross, was convicted at the March, 1912, term of the county court of Pottawatomie county on a charge of conducting a gambling game commonly known as “poker,” and his punishment fixed at a fine of $250 and imprisonment in the county jail for a period of 30 days.… Moody v. State Page 1197 Plaintiff in error was convicted on an information which charged the unlawful sale of intoxicating liquors, and on the 10th day of November, 1911, in accordance with the verdict of the jury he was sentenced to be confined for thirty days in the county jail and to pay a fine of fifty dollars.… Wietelmann v. State Page 1198 Plaintiff in error was convicted under an information wliicli charged that he did have in his possession intoxicating liquors with intent to violate the prohibitory law, and on January 29, 1912, he was sentenced to be confined in the county jail for six months and pay a fine of five hundred dollars.… Rominger v. Neil Page 1198 Opinion by The plaintiff in the action against him in the justice’s court interposed the same defense'that he has here, and was defeated.… Scaiefe v. Scaiefe Page 1198 Department 1. delivered the opinion of the court.… Yenco v. Ballog Page 1198 — The plaintiff seeks to have his title to a lot in Tacoma quieted as against the claim of the defendants thereto, which claim is rested upon a sheriff’s sale of all of the right, title and interest of Mary Dzurik therein under a judgment rendered against her.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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