Court CasesDockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter. 20,326,509 Cases on record 546,498 Filed in the past 12 months Courts 18,022 Views of the top 100 this month Plain English translations Recent Court Filings Loading Map...
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
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9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
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All reporters › p › Volume 221 Opinions in p, volume 221
This action was instituted for the recovery of damages by reason of the breach of a contract of employment resulting from a dismissal of respondent by appellant.… Chellew v. White Page 3 This is an appeal by Vivian Chellew from an order of the superior court for Lewis county sustaining a motion to dismiss his petition, filed in the matter of the estate of Samuel Chellew, deceased, pending in that court, wherein he prays that Fannie E.… Payne v. Speakman Page 9 This is an original action commenced in this court by the county treasurer of Creek county against Fred A.… In Re Fred A. Brown Page 11 This action was commenced by Fred A. Brown filing his petition in this court as an original action, asking for a writ of habeas corpus and to be discharged from custody in the county jail of Oklahoma county.… This action was brought by the News Publishing Company of Enid against Mrs. E.M.… This ease is akin to the case of E.M. Billings, Plaintiff in Error, v. News Publishing Company of Enid, Defendant in Error, No. 14444, decided this day, and all the evidence in that case was submitted as the evidence in this case under the following stipulation: "It is admitted by the parties hereto that the account… Benecke v. Johnson Page 14 Opinion by Following is the entire argument contained in plaintiff in error’s brief: “Motion for a new trial was filed and overruled which is charged as error, and the two principal errors complained of are: “(1) That the verdict is absolutely contrary to the evidence and law, and “(2) That instruction number six is… The parties will be referred to as in the court below.… Adams v. Wallace Page 16 This action was brought to recover damages for the alienation of the affections of plaintiff's wife.… Schaff v. Tinkle Page 17 Charles E. Schaff, as receiver of the properties of the Missouri, Kansas Texas railway Company, prosecutes this appeal to reverse the judgment of the superior court of Pottawatomie county rendered in favor of Henry Tinkle awarding him $125 damages for the alleged wrongful killing of seven head of hogs, which were… Defendants in error, Arnold and his wife, as plaintiffs below, commenced this action against Tulsa Rig, Reel Manufacturing Company, a corporation, plaintiff in error, as defendant below, alleging, in substance, that they made an agreement with said company to sell and transfer to it 25 shares of stock owned by the… Jacobson v. Kill Page 21 The plaintiffs tiled suit in the district court of Oklahoma county against the defendant for Judgment on a certain note and sued out an attachment which was levied upon a certain Hudson automobile belonging to the defendant.… Wood v. Wood Page 24 This action was commenced in the district court of Hughes county, Okla., by plaintiff in error, Lucy Wood, nee Lowry, plaintiff below, against John Wood, R.… Howard v. Ketcham Page 25 Opinion by In another action in the district court of Tulsa county, the Southwestern Mortgage Company obtained judgment of foreclosure against plaintiff in error on certain real estate belonging to her, from which judgment she appealed.… Payne v. Toler Page 26 Defendant assigns numerous errors in his petition in error for a reversal of this case, but in the view taken by this court it is only necessary to consider those errors arising upon the instructions of the court.… Brockhaus v. Rose Page 28 This suit was instituted by plaintiff in error, plaintiff below, in the district court of Woodward county, Okla., against the defendants inerror, defendants below, to cancel a note for $2,000, and mortgage securing same which is alleged to be fraudulent and forged.… Bronaugh v. John Page 32 This action was instituted by Edward, Jimmie, and Susan John, minors, by Melissa John, their next friend, as plaintiffs, against W.B.… Hyde Construction Co. v. Smith Page 34 The parties will be referred to as they appear in the court below.… Sanford v. Markham Page 36 This is an original action in the nature of quo warranto, filed in this court by the plaintiff against the defendant, alleging that under a proclamation issued by the Governor of the state of Oklahoma, on September 1, 1923, under which martial law in the city of Tulsa was established and a proclamation by the Governor… Hoffman v. Deskins Page 37 On the 26th day of April, 1920, H.H. Deskins, instituted an action in the district court of Carter county, Okla., against James Hoffman to recover 40 acres of land located in said Carter county.… Brennan v. Moore Page 40 The writer of this opinion of October 23, 1923, dismissing the appeal on authority of First National Bank of Hennessy v. Harding, 35 Okla.… On November 23, 1920, there were three separate actions filed in the district court of Alfalfa county; the three cases being similar; in fact, the said cases were, by agreement of counsel, and by order of the court, consolidated for the purpose of trial and appeal.… Fisher v. Woolery Page 45 Opinion by This is an action of replevin by the mortgagee to recover possession of three horses.… Snodgrass v. Lamunyon Page 46 Defendant in error procured judgment in the justice of the *Page 152 peace court, and on appeal, also in the district court, for $94.15.… Dooley v. Foreman Page 47 This is a controversy between Tom Dooley, plaintiff in error, and Jeremiah E.… Ward v. Carter Page 48 This cause comes on to be Leard upon the motion to dismiss the petition in error, for the reason that it appears from an investigation of the record that every question, both of law and of fact, involved herein is res judicata by a former decision of this court in the same case reported in83 Okla.… Gaffney v. First Nat. Bank Page 49 Opinion toy This is an action by J. A. Callander, defendant in error, against John E.… Bordner v. Gordon Page 50 This is an action brought by the plaintiff below, plaintiff in error here, against the defendant below, defendant in error here, for the purpose of requiring the defendant to specifically perform the following contract attached to the petition of the plaintiff, to wit: "I.O.F.… Moore v. School Dist. No. 23 Page 51 Opinion by This suit is by a number of nonresident taxpayers of school district No. 23, Stephens county, to enjoin the sale of bonds voted in that district for the construction of a school building.… Foster v. Whitenton Page 52 This action was commenced by the defendant in error against the plaintiff in error and others to foreclose a mortgage on certain property in the city of Henryetta.… Southwest National Bank v. Evans Page 53 Witherspoon-Stribling Commission Company was heretofore engaged in the buying and selling of livestock on commission, and carried its account with the plaintiff bank.… Fire Association v. Shores Page 56 This action was commenced by the plaintiff in error against the defendants in error to recover the sum of $1,320 under the terms of a written bond executed by defendants in error to the plaintiff in error guaranteeing the faithful performance on the part of Roy Shores of his duties as local insurance agent of the… White v. Safe Guard Ins. Co. Page 57 Plaintiff's principal contention, and the one which must be decisive on this appeal, is that the trial court erred in sustaining a demurrer to plaintiff's evidence.… Kansas, O. & G. Ry. Co. v. May Page 60 This was an action for damages for personal injuries commenced, by defendant in error, plaintiff below, against the plaintiff in error, defendant below.… Mabry v. Merchants' Nat. Bank Page 61 This is an action brought by the plaintiff, Merchants' National Bank of Sallisaw, against the defendant, M.… Rashaw v. Straus Co. Page 62 This case presents error from the district court of Craig county.… The Parkville Oil Corporation brought this suit against the Magna Oil Refining Company to recover damages for the failure of the Magna Oil Refining Company to take and pay for certain gasoline alleged to have been sold to it by the Parkville Oil Corporation.… Melton v. Perkins Page 70 This action was filed in the district court of Texas county by Ivan S.… Miller v. Farmers' Nat. Bank Page 71 This is an appeal from an order of the district court of Oklahoma county overruling objections to confirmation of sheriff's sale and sustaining motion to confirm the sale of lots 19, 20, 21, 22, 23, and 24, in block number 2, and lots 25, 26, 27, 28, 29 and 30 in block number 1, in Northeast addition, Oklahoma City… Shipman v. Adamson Page 74 Plaintiff in error, as plaintiff below, filed a petition for the possession of certain described hogs which it was alleged were wrongfully withheld by the defendant in error, who was defendant below.… Mannford State Bank v. Arnold Page 76 Heretofore and on April 3, 1916, the Mannford State Bank commenced its action in a justice court of Creek county, against Harrison Arnold, the plaintiff herein, for recovery of $140 as rents on a store building owned by the bank.… Broach v. Belch Page 77 This action was commenced by defendant in error against plaintiffs in error to recover on a bond executed by plaintiffs in error to discharge attachment levied on certain property of the Carr-Broach Company, a corporation.… Fuller v. Caraway Page 79 Heretofore, and on June 15, 1920, the plaintiff was occupying the premises under lease owned by the defendant, in which he was conducting a drug store business.… This is an action brought by plaintiff in error against the defendant in error to recover damages for personal injuries due to the alleged negligence of defendant in error.… Gillespie v. Wilson Page 82 The defendants in error Emely Wilson, nee Peter, and Richardson Peter commenced this action in the district court of Johnston county, against the plaintiff *Page 63 in error, to recover possession of land and to cancel from the records of said county as a cloud upon the title of defendants in error, a will of… Caldwell v. Kuykendall Page 84 This action was commenced by S.J. Caldwell, plaintiff in error, plaintiff below, against O.L.… This case was tried by the court below without a jury, and the court's findings of fact are as follows: "1st.… Schaff v. Hudgins Page 90 S.H. Hudgins and William Blair, copartners, doing business under the name and style of Hudgins Blair, commenced an action in the district court of Tulsa county, as plaintiffs, against the defendant, Charles E.… Israel v. Williams Page 96 This action was commenced in the district court of McIntosh county, Okla., by John Israel, plaintiff in error, plaintiff below, against M.V.… Midland Valley Railroad v. Gibson Page 100 This action was commenced on the 4th day of February, 1921, by defendant in error filing her petition against the plaintiff in error, the Midland Valley Railway Company, a corporation, in the district court of Tulsa county.… Western Silo Co. v. Pruitt Page 106 This suit was instituted by the plaintiff in error, plaintiff below, against defendant in error, defendant below, J.R.… Reynolds v. Reynolds Page 109 We think the motion to dismiss the appeal should be sustained.… National Bank of Hastings v. Pierce Page 111 The plaintiff commenced an action against the defendant in replevin for the possession of personal property, for the purpose of foreclosure, covered by a chattel mortgage given to secure the payment of a promissory note then due.… Killion v. State Page 112 Plaintiff in error, Butch Killion, was convicted in the county court of Kay county of the illegal transportation of intoxicating liquor, and his punishment fixed at a fine of $50 and confinement in the county jail for a period of 30 days.… Dooley v. State Page 112 This is an appeal from a judgment of conviction rendered in the county court of Hughes county on the 16th day of January, 1922, wherein plaintiffs in error were jointly tried and convicted of the crime of manufacturing intoxicating liquor, and each sentenced to pay a fine of $50 and to serve 30 days in the county jail.… Russell v. State Page 113 The information in this case charges that Hugh Russell did have in his possession two gallons and three quarts of corn whisky with intent to sell the same.… Whitten v. State Page 115 Plaintiff in error, hereinafter referred to as defendant, was convicted in the district court of Mc-Curtain county of the crime of larceny of live stock.… Murray v. State Page 116 Plaintiff in error, Doe Murray, was convicted in the county court of Oklahoma county of the offense of maintaining a public liquor nuisance, and his punishment fixed at imprisonment in the county jail for a period of six months and to pay a fine of $500.… Green v. State Page 116 Plaintiff in error, Elmer Green, here designated the- defendant, was convicted in the county court of Canadian county of having sold one-half pint of whisky, and his punishment was assessed by the court at a fine of $500 and 6 months’ imprisonment in the county jail.… Barron v. State Page 117 Plaintiff in error, Augustus Barron, here referred to as the defendant was convicted in the county court of Pittsburg county on March 22, 1922, of unlawfully conveying intoxicating liquor in said county.… Caldwell v. State Page 117 This is an attempted appeal from a judgment of conviction rendered in the county court of WasMta county on the 9th day of February, 1922, wherein plaintiff in error, Erick Caldwell, was convicted of the offense of selling intoxicating liquor and punishment fixed at a fine of $75 and imprisonment in the county jail for… Salyer v. State Page 118 The information in this cause charges that Mort Salyer did unlawfully sell whisky to Bee De Monbrun.… Ex Parte Lockhart Page 119 This is a petition for writ of habeas corpus for the discharge of James Lockhart, from the penitentiary at McAlester, where it is alleged that he is unlawfully and illegally restrained of his liberty by the warden, J.H.… Palamarchuk v. State Page 120 George Palamarchuk, plaintiff in error, here designated the defendant, was by information filed in the county court of Pittsburg county on March 25, 1921, charged with the offense of falsely and wantonly imputing a want of chastity to Tressa Slotta.… Geiger v. State Page 122 Jack Geiger, plaintiff in error, herein referred to as the defendant, was on the 24th day of April, 1921, in the district court of Kiowa county, convicted of the murder of William G.… Witthoft v. Gathe Page 124 — From the record in this case it appears that Theodore A.… Boise Payette Lumber Co. v. Sarret Page 130 This is an appeal by J. M. Stevens from a judgment in favor of respondent and against Sarret Stevens, a copartnership.… — On July 20, 1920, the plaintiff, Christina Thomas, perfected her appeals from the former judgment and order denying her motion for a new trial herein.… Curtis v. Moore Page 133 — This is an original application for a writ of mandate.… Turner Agency v. Pemberton Page 133 — This is an action by appellants to procure the cancelation of a promissory note and for damages.… — This is an original proceeding to prohibit tbe district court of tbe eleventh judicial District of tbe state of Idaho, in and for Twin Falls County, William A.… Sharp v. Brown Page 139 — This is one of three summary actions commenced by respondent under C.… Sharp v. Jeffrey Page 143 — This is a companion case to Sharp v. Brown, ante, p.… Sharp v. McCall Page 143 — This is a companion case to Sharp v. Brown, ante, p.… — This action was brought by respondent against G.… Grandview State Bank v. Torrance Page 145 — This is an action to determine the relative rights, as chattel mortgagees, of respondent Grandview State Bank and appellant Commercial & Savings Bank in a quantity of hay raised by respondents Torrance in 1920.… — Upon rehearing, the original opinion herein is withdrawn and the following substituted as the opinion of the court.… — This action is one in claim and delivery, involving eight promissory notes.… Monske v. Klee Page 152 — This is an action for malicious prosecution.… Morrison v. Morrison Page 156 — This action was brought by respondent against appellant for a decree of divorce on the ground of extreme cruelty.… Tbe Consolidated Mills & Feed Yards Company commenced this action for the purpose of foreclosing a mortgage upon property of the Hansen Live Stock & Feeding Company, whose name had been changed to Utah Milling & Feed Yards Company.… Owens v. Neymeyer Page 160 On February 28, 1922, plaintiff commenced this action in the district court of Millard county to rescind a contract entered into between himself and the defendant Neymeyer for the purchase of certain lands in said county, and to recover back the sum of $4,000 which had been paid on the purchase price and for damages.… Howorth v. Mills Page 165 The plaintiff, as the assignee of one Amasa Bybee, commenced this action in the district court of Cache county against the defendant to recover judgment for an installment of the purchase price past due upon a certain contract of sale entered into between the said Amasa Bybee, as seller, and the defendant, as buyer… Muscatel v. Wolfman Page 167 Permission to file a bill of exceptions and a transcript are entirely separate matters.… Sommer v. Ezell Page 167 The facts are substantially as follows: The defendant William Ezell being the owner of certain land on February 12, 1921, leased the same to defendant E.… Hodgkin v. Miller Page 169 There is but one question in this case, and that is the construction to be placed upon the language used by the testatrix in making her will.… The Harney Valley Irrigation District is a lawfully organized irrigation district, duly organized and existing under Chapter 357, General Laws of Oregon, 1917, and acts amendatory thereto.… State v. Stilwell Page 174 The defendant F. E. Stilwell was indicted by the g'rand jury of Union County and tried and found guilty of the crime of perjury.… State v. Chance Page 183 OPINION OP THE COURT Appellant was convicted of embezzlement of certain personal property which had been placed in his care, custody, and control, the value of which was fixed by the jury at $45.… Stewart v. Silva Page 191 The sole question at issue in this case is whether or not certain deeds executed by John J.… Donat v. Dillon Page 193 This is an appeal by defendant from a judgment entered against him for $1,401.90, in an action brought by plaintiff to recover damages for personal injuries caused by a collision between an automobile driven by the defendant and another automobile in which the plaintiff was riding as the guest of one H.C.… Schooler v. Williamson Page 195 In this action the plaintiff seeks to establish her right to ten one thousand dollar bonds of the Pacific Telephone and Telegraph Company, now in the possession of the defendant as executor of the last will of Joseph Richardson Houghton, deceased.… People v. Pompa Page 198 The defendant herein was convicted of murder in the first degree, consisting in the killing of one Win.… Waite v. Southern Pacific Co. Page 204 This is an appeal from an order denying defendant's motion to vacate and set aside a default judgment.… People v. City of Montebello Page 207 This is an action of quo warranto commenced in the superior court of Los Angeles County by the attorney-general upon the relation of Walter P.… This is an application for a writ of mandate directing the respondent, as county auditor of the county of Los Angeles, to approve the claim of the Allied Architects' Association and the claim of C.W.… Pendleton v. Brown Page 213 The plaintiff in this action, appellee here, describing herself as Mary Ellen Brown, seeks to set aside two deeds made by one Thomas P.… Northern Trust Co. v. Eddy Page 221 This appeal is prosecuted by the Northern Trust Company, a corporation of Illinois, one of the trustees named in the last will and testament of Arthur J.… Armstrong v. Irwin Page 222 — On September 25, 1919, William Irwin and Anna Irwin, as parties of tbe first part, and W.… Thomas v. Newcomb Page 226 — This is an action brought by appellees against appellant to recover the sum of two thousand five hundred and sixty dollars claimed by the former to have been received by the latter as their agent in the purchase of certain lands in Maricopa county, which sum sought to be recovered they claim appellant received and… Gardenhire v. State Page 228 — The appellant appeals from a conviction of violating section 9 of Ordinance No. 70 of the town (now city) of Yuma, entitled: “An ordinance regulating the sale of milk, cream, condensed or evaporated milk or cream in the town of Yuma, and providing for the inspection of milk, cream, condensed or evaporated milk or… Encinas v. State Page 232 — The defendant, upon a charge of murdering Dr. Wallace G.… Gillis v. Graeber Page 235 — This is an action under the Employers’ Liability Law, chapter 6, title 14, paragraphs 3153-3162, Civil Code of 1913.… Black v. Black Page 239 By the Court, Respondent obtained a decree of divorce from the appellant in the district court of Washoe County and an appeal has been taken to this court.… Pedroli v. Scott Page 241 *315By the Court, The facts of this matter are these: On January 12, 1919, one Charles Pedroli, a resident of Humboldt County, died intestate, leaving real and personal estate in said county.… Pedroli v. Scott Page 244 By the Court, This is a companion case to that of In Re Estate of Pedroli (No. 2572) [immediately preceding], 221 Pac.… The opinion of the court was delivered by This action was brought by the state on the relation of the attorney-general to enjoin the enforcement of a franchise ordinance passed by the city .commission of the city of Independence, on the ground it had not been submitted to a popular vote, and to require such submission.… In Re Heirship of Jefferson Page 247 Gilbert Arpealer et al., as petitioners, instituted this proceeding in the county court of Latimer county on the 16th day of November, 1921, for the determination of the heirship of Ellis Jefferson, deceased.… The opinion of the court was delivered by J.… Kennedy v. Fleming Page 249 The opinion of the court was delivered by The action was for damages sustained by the plaintiff in alighting from a street car.… Rhodes v. Renker Page 252 The opinion of the court was delivered by This is a mortgage foreclosure suit.… Hinderliter v. Bell Page 252 The opinion of the court was delivered by Mrs. Anna Hinderliter brought this action against the sons and daughter of her deceased husband to cancel and set aside a contract and deed executed by her, but only the daughter, Mrs. Nora E.… Charley v. Norvell Page 255 This action was commenced in the district court of Tulsa county, Okla., by Lemuel Charley, an incompetent person, by his guardian, Vernon F.… The opinion of the court was delivered by In this action, the plaintiff seeks to compel the defendant to permit the public utilities commission and its agents, accountants, and examiners to inspect and examine the books, accounts, papers, records, property and memoranda concerning repairing, rebuilding, and making… Witt v. Heyen Page 262 The opinion of the court was delivered by This is an action for damages for breach of promise of marriage.… Turner v. Williams Page 267 The opinion of the court was delivered by This appeal relates to the rights of precedence of rival litigants, garnisher, garnishee, and interpleader, all of whom were creditors of the defendant debtor, I.… Jones v. Nossaman Page 271 The opinion of the court was delivered by Plaintiffs brought this action to recover from the defendants on the following promissory note:.… The opinion of the court was delivered by This is an appeal from an order setting aside a judgment and a sheriff’s deed based thereon in a suit brought by the county to foreclose a tax lien.… Bloomheart v. Foster Page 279 The opinion of the court was delivered by The action is one of mandamus to compel the bank commissioner to issue to plaintiff a certificate payable out of the bank depositors’ guaranty fund.… Devault v. Sampson Page 284 The opinion of the court was delivered by Clyde Devault seeks a release from the custody of the respondent, A.… delivered the opinion of the court. In February, 1919', Perry B.… State v. Williams Page 289 On October 23, 1922, the defendant Harry Williams was convicted in the police court of the city of Pasco of having intoxicating liquor in his possession contrary to the ordinances of the city, and was sentenced to pay a fine of two hundred dollars, together with the costs of the prosecution, and be confined in the… The plaintiff, Johnson & Higgins, upon the theory of being the assignee of National Baking Company, and also upon the theory of being subrogated to the rights of that company independent of formal assignment, seek recovery from the defendant, indemnity company, of the sum of $517, claimed to be due from it— for… Kalmans v. Lyons Page 291 There is nothing but a question of fact involved in this appeal.… Babare v. Rodman Page 292 This is an action in replevin to recover a fish seine alleged to have been unlawfully taken from tbe possession of respondent.… Lung v. Bank of California Page 293 On February 17, 1922, and for some time prior thereto, one Mrs. McRae conducted a business in tbe city of Tacoma under tbe name of tbe McRae Petticoat Manufacturing Company.… Wynn v. Vessey Page 295 This appeal is from a nonsuit in a forcible detainer ease.… Moorman v. Byron Page 297 This is an action for tbe recovery of damages for injuries received by respondent Emma Moorman.… Smythe v. Smythe Page 297 The trial court entered an interlocutory order to the effect that the plaintiff was entitled to a divorce from the defendant, and making a division of the property of the parties.… Oliphant v. Gilham Page 298 The plaintiff, Oliphant, seeks recovery from the defendant, Gilham, for an alleged agreed *637compensation for services rendered.… General Mercantile Co. v. Waters Page 299 In the year 1921, the defendant Waters gave to the appellant, General Mercantile Company, a chattel mortgage covering the goods, wares, merchandise and fixtures located in a certain building, to secure the sum of $2,000.… Lasswell v. Anderson Page 300 This is an action upon a written contract for the sale of certain cedar poles.… Respondent, as plaintiff, brought this action to recover a loss alleged to have been suffered by the refusal of the defendant to accept and pay for certain grain purchased under a written contract.… The plaintiffs, copartners under the firm name of.… Creegan v. Eilenberg Page 304 The amended complaint in this action, filed in April, 1923, alleges that the appellant was one of four automobile stage owners who, in March, 1922, entered into an agreement which was to be in effect until January 1, 1923, whereby a corporation of which the four were the only stockholders was to receive the title to… State ex rel. Holme v. Fawcett Page 305 The city council of the city of Tacoma, in making up its budget estimates of the amount of money required by the various departments of the city for the year 1923, awarded to the civil service board the sum of $750.… Campbell v. Campbell Page 306 The parties to this proceeding were divorced by a decree dated June 15,1921.… Hatchard v. Raymond Veneer Co. Page 307 Respondent entered into a contract with tbe appellant whereby be agreed to deliver certain spruce veneer, blocks at an agreed price of $20 per thousand feet, board measure.… Campbell v. Dingley Page 308 The plaintiffs, Campbell and wife, sought recovery, by two separate actions in the su*580perior court for King county, of damages for personal injuries and injuries to their automobile, claimed as the result of the negligent operation of the automobile of defendants, Dingley and wife, at the intersection of Valley… Lee v. Independent Dairy Page 309 A three-year-old son of W. H. Lee, the plaintiff, was killed on a street in Seattle by an automobile truck operated by a driver in the employment of the defendant in the delivery of milk.… Brothers v. North Coast Power Co. Page 311 Plaintiff was injured and his automobile was damaged in a collision with an interurban car at a grade crossing some miles from the city of Vancouver.… State v. Matson Page 311 This is an appeal from a conviction and sentence npon á charge of.… Wise v. Garrett Page 312 The board of county commissioners of Clarke county established an improvement district to hard surface a road extending from the village of Battle Ground to the village of Heisson, a distance of approximately five miles.… The respondent is a corporation doing a building and loan business, with its principal office at Tacoma.… McMillan v. Auto Interurban Co. Page 314 This is an action to recover damages for personal injuries received by Mrs. McMillan while being carried as a passenger for hire on an auto stage owned and operated by the defendant.… Miles v. Hoffman Page 316 This is a malpractice case. The jury found a verdict in favor of the plaintiff.… Respondent, as administratrix, sued appellant and the engineer of its interstate commerce train, one Snyder, for damages on behalf of herself and minor children for the killing of her husband.… Duke v. Johnson Page 321 This is an action by the state supervisor of banking, as the officer .in.charge of the liquidation of the Scandinavian American Bank of Tacoma, *602to recover from the respondent, Dean Johnson, the sum of $31,250.… Tbis is an action in babeas corpus, original in tbis court.… State v. Manolis Page 326 The statute relating to gambling contains, among others, the following provision: (Rem.… Pennington v. Yakima County Page 326 The respondent, on the 19th day of April, 1920, secured a chattel mortgage upon three Columbia automobiles.… Demurrers having been sustained to the original and amended complaints demanding specific performance of a written contract to convey water, and appellants electing to stand upon their amended complaint, the action was dismissed and this appeal resulted.… Stusser v. Mutual Union Insurance Page 331 The plaintiffs, Stusser and wife, seek recovery from the defendant insurance company upon a so-called “surety bond”, which, however, seems to be more in the nature of an insurance policy executed by the insurance company for the benefit of persons who might be damaged as the result of the operation by Louis C.… Thompson, Swan & Lee v. Schneider Page 334 Respondents are real estate agents at Vancouver, Washington.… Chappell v. Chappell Page 336 This appeal grows out of In re Chappell’s Estate, wherein an appeal was decided in 124 Wash.… This is an action on an insurance -policy issued by the North British & Mercantile Insurance Company, Limited, in favor of the Knutzen Auto Company, upon an automobile sold and delivered by the auto company to one Barker under a conditional sale contract without any separate promissory note accompanying it.… Estate of Kratz Page 340 This is an appeal from an order confirming the sale of the real estate of the decedent to Martin C.… Balcom v. Kohno Page 340 On Rehearing. Upon a rehearing Bn Banc, a majority of the court adhere to the opinion heretofore filed herein, as reported in 124 Wash.… Riley v. Varian Page 340 On Rehearing. Upon a rehearing En Banc, a majority of the court adhere to the opinion heretofore filed herein, as reported in 123 Wash.… State v. Swazey Page 340 On Rehearing. Upon a rehearing En Banc, a majority of the court adhere to the opinion heretofore filed herein, as reported in 125 Wash.… Kinnear v. King County Page 340 On Reheaeing. Upon a rehearing En Banc, a majority of the court adhere to the opinion heretofore filed herein as reported in 124 Wash.… Steele v. Scott Page 342 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Hendrix Page 349 Defendant was tried in the county of San Diego for the killing of one Thomas Kester, and was found guilty of murder in the first degree.… People v. Le Roy Page 353 The facts in this action are correctly stated in the opinion written by Mr. Justice Houser, which we adopt, as follows: "Defendant was convicted of the crime of burglary.… This is an action to recover the sum of $995.… This appeal is taken because of the refusal of the trial court to reduce the judgment obtained by respondent in an action against appellants as sureties on a claim and delivery bond given for the redelivery of certain personal property by applying a sum of money seized by respondent on attachment levied upon the… In Re Estate of Relph Page 361 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… A petition for a rehearing was granted in this case and it is therefore before us for further consideration.… The Industrial Accident Commission made an award in the above-entitled case after having first decided the matter in favor of the employer and the insurance carrier, and after having granted a rehearing.… The petitioners herein apply for a writ of review whereby they seek to have reviewed and annulled an award of the Industrial Accident Commission to one John Mack, who was injured while in the employ of the petitioner Herb H.… Gett v. Pacific Gas & Electric Co. Page 376 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… This is an original proceeding to review an award of the Industrial Accident Commission allowing compensation to one C.… In addition to leaving a will, concerning the authenticity of which no question is made, the decedent left behind her certain written matter which was by the trial court admitted to probate as a codicil to the will.… Smith v. Flynn Page 384 The plaintiff above named began two actions in the trial court numbered respectively 4711 and 4712 to quiet title to a tract of land situated in Kings County embracing 240 acres.… Newman v. Newby Page 386 The plaintiff commenced an action against the defendant to recover a judgment for a balance of $350 alleged to be due on a stated account; the defendant appeared and answered.… Smith v. Whyers Page 387 Plaintiffs commenced this action in unlawful detainer to obtain possession of an apartment house *Page 194 which the defendant held under a lease from the plaintiffs.… People v. Hadley Page 389 On motions to dismiss appeals. Counsel have informed us that these motions and records are identical in their terms so far as the motions are concerned.… In Re Flaherty Page 390 Petitioner claims that she is illegally imprisoned and restrained of her liberty by the sheriff of the county of Los Angeles.… People v. Rabbit Page 391 By information the defendant was charged with the crime of felony, to wit, rape, in that on or about November 16, 1922, in the county of Kern, he committed an act of sexual intercourse with and upon a certain named female person under the age of sixteen years, and not then and there the wife of the defendant.… Vickerson v. Standard Auto Sales Co. Page 392 The plaintiff was injured in an automobile collision at the intersection of Polk and Ellis Streets, in San Francisco.… People v. Patterson Page 394 I concur in the order denying the petition for a hearing herein solely on the ground that under the rule we are bound by what appears on the face of the opinion.… Gornstein v. Priver Page 396 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Marshall v. Bernheim Page 401 Defendant Bernheim appeals from a judgment rendered against him and defendant Taylor in the sum of $2,833.19.… People v. Bettencourt Page 403 The defendant was accused by the district attorney of Butte County of the crime of grand larceny, in that, on the first day of May, 1923, he did then and there "wrongfully, willfully and feloniously steal, take and carry away one magneto of the value of $90 .… People v. Smith Page 405 Defendant was convicted of the offense of selling intoxicating liquor contrary to the statute in such cases made and provided.… This is a petition for a writ of review to determine the lawfulness of an original award made by the Industrial Accident Commission in favor of respondent Railroad Company and the State Compensation Insurance Fund, denying petitioner relief for an injury claimed to have been sustained while he was in the employ of… People v. Miller Page 409 The defendant was found guilty of grand larceny upon two counts: One charging him with the larceny of 63 tons of hay of the value of $1,008, the personal property of Sebastian de Costanze, and the other with the larceny of 128 tons of hay of the value of $2,048, the personal property of Tomatis and Pizzo.… In Re Graves Page 411 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Webb v. Lawson Page 413 The plaintiff in error was defendant and the defendant in error plaintiff in the trial court, and they will be referred to in this opinion as they were there.… Anderson v. Lynch Page 415 This action was commenced in the district court of Creek county by Henry Anderson against R.E.… Dierks Lumber & Coal Co. v. McAnaw Page 416 This was an action originally filed in the district court of Caddo county by D.E.… Conner v. State Page 418 About the 22nd day of May, 1922, the officers of Kiowa county arrested Glen F.… Keith v. Baldwin Page 419 This action was brought by defendant in error against plaintiff in error to recover the sum of $500 alleged to be due to plaintiff in error as a real estate broker.… Sanders v. Percy Page 420 This is an appeal by plaintiff in error, defendant below, from a judgment of the county court of Stephens county in favor of defendant in error, plaintiff below, and for convenience the parties will be referred to as they were there.… Yeldell v. Bank of Elmer Page 422 This action was commenced by the plaintiff in error against the defendants in error to cancel certain deeds to lands in Jackson county, Okla.… Consumers' Gas Co. v. O'Bannon Page 423 The parties hereafter will be referred to as plaintiff and defendant as they appeared in the trial court.… Black Eagle Mining Co. v. Conroy Page 425 This was an action in the district court of Ottawa county by Essie Conroy.… Lewis v. Goforth Page 428 This was an action in ejectment, brought by Effie Lewis, nee Johnson, and Lula Johnson, as plaintiffs, against Lena May Goforth et al., as defendants, to recover the possession of an undivided two-thirds of 80 acres of land situate in Bryan county, and being a portion of the lands, exclusive of homestead, allotted to… Kemp v. Mayer Page 429 Final judgment was rendered in this case on February 7, 1923, from which plaintiff in error appealed to this court by petition in error and case-made.… Nolan v. Clift Page 430 This action was commenced in the district court of Garfield county by John Clift, defendant in error, plaintiff below, against John Nolan, plaintiff in error, defendant below, to recover for feed furnished and labor performed in taking care of a bunch of cattle from November 18, 1918, to January 22, 1919.… This was a claim originally filed before the Industrial Commission of the state of Oklahoma by one Carrie Neyland, wherein she sought to have awarded her compensation for injuries received to her hand while in the employ of the Oklahoma Leader Company.… Defendant presents its case in this court under three propositions.… Robinson v. Logan Page 437 On October 12, 1920, J.E. Pottorff and W.M.… In Re Will of Tiger Page 441 This action originated in the county court of Okmulgee county, in a proceeding to probate a will made by Winey Tiger, a full-blood Creek Indian, which will was admitted to probate by the county court, and from the order of the county court, admitting said will to probate, John Tiger, a grandson of Winey Tiger and the… Salisbury v. First Nat. Bank Page 444 This action was instituted in the district court of Dewey county, Okla., on the 16th day of December, 1918, by defendant in error, First National Bank of Taloga, Okla., against plaintiff in error J.G.… Smith v. Ferguson Page 447 This is an appeal from the district court of Ottawa county, Okla.… American Investment Co. v. Goodson Page 452 For convenience, the defendant in error, John J.… Cutchall v. Cutchall Page 457 On the 7th day of January, 1923, in the district court of Tulsa county, the court rendered its decree (1) granting the plaintiff a divorce, (2) approving and confirming a property settlement between the plaintiff and defendant, and (3) directing that the plaintiff should pay the costs, and pay into court, for the… Nichols-Williams Zinc Co. v. Sewell Page 459 Opinion by The Sewell WTell Company, James R.… Freedman v. Sullivan Page 460 The material facts in this case are substantially as follows: In May, 1915, Henry Mooney was the owner of 160 acres of land in Kay county, Okla., incumbered with two mortgages, one for $3,500 and a commission mortgage for $245.… The defendant in error commenced this action to recover damages from Stephens county, Okla., for the death of George Hancock.… City of Ponca City v. Drummond Page 466 The parties will be referred to as in the count below.… Mathews v. Cifers Page 468 Plaintiff sued the defendant for slander, alleging that defendant had willfully, maliciously, and falsely, orally stated to divers persons that the plaintiff had forged a bank check on him, the defendant, thereby falsely imputing to plaintiff, and charging him with, the Crime of forgery, and that said statement was… It appears from the record this case that the claimant, Leslie E.… Chickasha Milling Co. v. Plowman Page 476 This cause was begun September 8, 1919, in the district court of Jefferson county, Okla., by the plaintiff, Mattie F.… Opinion by We have carefully read the testimony in the case and the finding of the court in sustaining a demurrer to the evidence, and in our opinion the court was right in sustaining the demurrer to the evidence..… Flowers v. Flowers Page 483 This action was commenced by Levy Flowers in the district court of Payne county against Thomas Flowers, Joe Flowers, and Scott H.… This action arose in the district court of Haskell county, Okla., by one of the defendants in error, the Mid-Continent Life Insurance Company, a corporation, filing its petition against Robert Folsom and Alice Folsom, plaintiffs in error, and the Graves Farm Loan Investment Company, a corporation, to recover judgment… Purdy v. Miller Hunter Co. Page 490 The controversy in this action grows out of a cross-petition filed by defendants in error, Miller Hunter Company, against plaintiffs in error, A.H.… Hastings v. Morris Page 490 This is an appeal from the district court of - Cherokee county.… Home Insurance Co. v. Akers Page 493 This was a cause of action brought to reform policy of fire insurance issued by the Home Insurance Company of New York to J.H.… Bank of Meno v. Coulter Page 495 This is a suit in equity to enjoin the collection of two judgments which were originally obtained by the Oklahoma State Bank of Enid, which without attempting to enforce the same, after their procurement, assigned them to the plaintiff in error.… Sherry v. North Page 497 The plaintiff commenced his action in ejectment against the defendant for the possession of real estate and premises described in petition.… This action was commenced by the Creek Cotton Oil Company to recover for loss on an insurance policy issued by the defendant company on the following property to wit: "Cotton baled, and unbaled, ginned and unginned, seed cotton and cotton seed." Fire damaged a certain amount of cotton, including 51 bales of what is… McCann v. McCann Page 499 This is an appeal from the district court of Haskell county, Oltla.… Bullington v. Lowe Page 502 Elmer M. Lowe recovered judgment against A.C.D.… Frederick v. Tabor Page 505 The defendant in error on September 14, 1922, commenced this action in the district court of McIntosh county against H.O.… Papoose Oil Co. v. Swindler Page 506 This action was commenced by the defendants in error, plaintiffs below, against the plaintiff in error, defendant below, for the cancellation of certain oil and gas leases held by the defendant.… Kay & Kiowa Oil Co. v. Moore Page 511 This action was commenced by Henry Moore and Allie Moore, his wife, against the Kay Kiowa Oil Company for carelessness and negligence in permitting oil, "B.… Amsden Lbr. Co. v. Wilkinson Page 513 This action was commenced in the district court of Woods county by the plaintiff in error, hereinafter called the plaintiff, against the defendant in error, hereinafter called the defendant, to foreclose a materialman's lien on certain lots in Alva, Okla., for material furnished said defendant by plaintiff and used in… Gamble v. Emery Page 514 Plaintiffs Gamble and Sewell sued the defendant, Emery, in the county court of Pittsburg county for conversion of fruit from a certain orchard and for the use of one certain house and for the value of certain fences, which fences were alleged to have been destroyed by the defendant, Emery.… Barnoskie v. State Page 516 Plaintiff in error, Cat Barnoskie, was tried for murder upon an information charging that in Sequoyah county on or about December 26, 1921, he did kill and murder one Roland Kenned, by shooting him with a shotgun.… Alexander v. State Page 516 Carrie Alexander was convicted in the district court of Garfield county, on September 20, 1921, of having illegally had in her possession on February 9, 1921, a quantity of narcotic drugs, cocaine, and her punishment was assessed at a fine of $500- and five years’ imprisonment in the state penitentiary.… Ex Parte Isabell Page 517 This is an application for a writ of habeas corpus for one Charles Isabell, who in his petition alleges that he is unlawfully deprived of his liberty and confined in the county jail of Nowata county by W.F.… Beushausen v. Handley Page 519 delivered the opinion of the court. *281The plaintiff Handley, who owned land in Adams county, Colorado, effected an exchange thereof with defendant Beushausen for land which he owned in Nebraska.… Giannotti v. De Bock Page 520 *333By the Court, This is an appeal from the' judgment.… delivered the opinion of the court. The plaintiff brought this action to recover the sum of $2,017.62, a balance due upon a note in the sum of $5,000 dated October 1, 1920, due ninety days after date, executed by the defendant corporation, indorsed by Simon Gilbertson, Anton Storvick, Aimer C.… delivered the opinion of the court. In mandamus.… Bowen v. First State Bank Page 527 delivered the opinion of the court. The plaintiffs, claiming to be the owners of a ranch containing 360 acres of land located in Granite county, brought this action for the purpose (1) of obtaining a judgment declaring that a deed executed and delivered by the defendants "William W.… Smith v. Rodriguez Page 530 delivered the opinion of the court. The plaintiff brought this action to enforce specific performance of a contract whereby the defendant agreed to sell to a buyer selected by Charles C.… Latus v. Nelson Page 531 District Judge, sitting in place of MR. JUSTICE STARK, disqualified, delivered the opinion of the court.… Garrett v. City of Butte Page 537 delivered the opinion of the court. This is an action for damages on account of personal injury alleged to have been sustained by the plaintiff January 4, 1922, by reason of falling on an accumulation of ice and snow on the sidewalk adjoining a warehouse occupied by the Goodyear Tire Company on the west side of Nevada… Campana v. Dobry Page 540 delivered the opinion of the court. The complaint alleges that the plaintiff entered into an agreement with the defendants to purchase two corner lots in block 6 of the Montrose addition to the city of Butte; that in order to induce the purchase defendants falsely represented to plaintiff that lots 3 and 4 in block 10… delivered the opinion of the court. In an action for divorce pending in the district court of the fifth judicial district in and for Madison county, wherein Nettie M.… Alderson v. Republican-Courier Co. Page 544 delivered the opinion of the court. Plaintiff brought this action against the defendant for the purpose of recovering possession of a city lot and the building thereon alleged to have been unlawfully detained and held over by the defendant after the expiration of the term of a lease under which the defendant had gone… Wamberg v. Hart Page 547 The opinion of the court was delivered by A sheriff holding an execution against J.… McMurchie v. Superior Court Page 549 — Chapter 158 (page 265) of the Acts of the Regular Session of the Fourth Legislature (1919) provides for the disbarment of attorneys, and for the procedure which may be followed for that purpose, amending paragraphs 271 to 277, both inclusive, of the Revised Statutes of Arizona 1913 (Civil Code).… Ong v. Idleman Page 554 On the eleventh day of July, 1923, the Circuit Court of Multnomah County, Probate Department, made and entered an order directing the executor of the last will and testament of Thomas Prince, deceased, to pay C.… Sala v. Crane Page 556 — This case involves a boundary line between the lands of appellant and respondent in Sec. 6, T.… Bank of Roberts v. Olaveson Page 560 — This action is one to foreclose a chattel mortgage.… Bank of Roberts v. Olaveson Page 563 — In this case the facts and questions of law are substantially the same as those presented to this court in the case of The Bank of Roberts v. Olaveson et al., ante, p.… Yates v. Vail Page 563 OPINION OF THE COURT Suit by defendant in error, Yail, to foreclose.a mortgage made by the plaintiffs in error.… In re Schulder Page 565 Appellant was found guilty of contempt by the district court of Millard county and adjudged to pay a fine.… State Ex Rel. Seaver v. Wilson Page 567 This suit was instituted by the county attorney in the county court of Tulsa county against defendants in error to require them to reimburse and pay the state expenses incurred and to be incurred for the care and maintenance of Austin Wilson in the state hospital for the insane.… In re Robison Page 567 *598Proctor H. Eobison and George E. Eobison were tbe litigants wbo swore to the affidavits referred to in the preceding opinion.… Payne v. Utah-Idaho Sugar Co. Page 568 With substantially no dispute the evidence in this case dis-.… Belnap v. Cutrubus Page 575 Respondent is the trustee of the estate of one C.… Ustler v. Ustler Page 577 The parties to this action were divorced by a decree dated March 20, 1919, which, among other things, recited and provides that the divorce is granted to respondent on his cross-complaint, and he is awarded the custody of the two minor children until the further order of the court, with the right in the wife… Petley v. City of Tacoma Page 579 This is a civil service ease coming from the city of Tacoma.… State v. Lindskog Page 582 On August 31, 1922, appellant was arrested.… Tobin v. City of Seattle Page 583 This was a suit for damages on account of personal injuries.… Neagle v. City of Tacoma Page 588 The appellants instituted separate actions against the respondent to recover damages for injuries resulting from an automobile accident.… Brokaw v. Kunze Page 590 The respondent, the Bank of Stan-wood, brought this action to foreclose certain bonds, claimed to be held by it as collateral for a loan to George W.… This action was instituted by respondents, as plaintiffs, to recover for the killing and maiming of thirteen head of cattle while upon the defendant’s right-of-way near Georgetown, in King county, Washington.… The appellant, a resident of the city of Spokane, owned a house therein upon which he had a policy of fire insurance written by the respondent, the policy containing a provision that, if a fire occur, “immediate notice of any loss thereby in writing to this company” should be given, and that, “within sixty days after… The certificate attached to the statement of facts is that the trial court certifies “that the above and foregoing matters and proceedings embodied in the foregoing statement of facts are matters and proceedings occurring in said cause, and the same are hereby made a part of the record herein; that said statement of… Hinckley v. Shell Co. of California Page 594 The respondent charged that the appellant had so negligently maintained and operated its boiler and smokestack as to set fire to his dwelling on two different occasions; once in May, 1920, and again *631in May, 1921, each, fire doing material damage.… When the insolvent state hank involved herein suspended payment, it was indebted to appellant upon a net indebtedness of $126,631.61, for a part of which, $30,000, it had collateral security aggregating $39,647.27, and at the time of suspension had on deposit with appellant the sum of $2,559.23.… Radford v. City of Seattle Page 597 This is a, personal injury action arising out of a collision between a street car owned *446and operated by tbe appellant and an automobile owned by tbe respondent and operated at tbe time by tbe respondent wife.… Harding v. American State Bank Page 599 Tbe respondent, as administrator of tbe estate of bis deceased father, in tbis action against tbe appellant bank, sets out two causes of action in Ms complaint; in tbe first, alleging that tbe bank bad received, at divers times between August 20, 1920, and February 1, 1922, various deposits from tbe respondent, as… Stern v. Green Page 601 On October 18, 1920, appellants executed and delivered to one Wfiite a certain lease of premises in tfie building known as tfie Josfiua Oreen Building, at No. 1427 Fourth Avenue, Seattle, for a term of years.… State v. Smith Page 603 On the 23d day of February, 1923, the appellant was found guilty by a.… Appellant Washington Mutual Savings Bank, a corporation, is the owner in fee of lot 7, block 13, C.… The relators, being children of and residuary legatees under the last will and testament of Jorgen B.… In April, 1918, the appellant purchased from the respondent’s predecessor in interest a farm in Benton county, together with certain water rights, the deed providing that the grantor “will deliver said water at such point.… Snavely v. London Assurance Corp. Page 611 Respondent secured judgment in the amount of $1,500 upon a fire insurance policy upon an automobile belonging to respondent.… Kearney v. Earles Page 612 Suit upon a promissory note. A reading of the testimony convinces us that the controlling facts are these: the respondent was an officer of the Fortson Shingle Company, a corporation, and was indebted to it in the sum of $3,500, which debt it was desirous should be paid.… Tbe last legislature enacted wbat appears to be a full and complete law regulating tbe practice of dentistry.… Spokane & Eastern Trust Co. v. Hart Page 615 In general terms, this is an action to restrain the guaranty fund board from enforcing, as against the plaintiff, any of the provisions of the state guaranty act as amended in 1921.… People v. Newell Page 622 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Chaffee v. Kooistra Page 622 On Rehearing. Upon a rehearing En Banc, a majority of the court adhere to the opinion heretofore filed herein and reported in 126 Wash.… Farmers Bank v. Hart Page 622 This is a companion case to that of Spokane & Eastern Trust Co. v. Hart, ante p.… Michigan Trust Co. v. Bronson Page 628 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Grinbaum v. Superior Court Page 635 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Grinbaum v. Superior Court Page 651 This is an application for a writ of review, wherein it is sought to have a certain order of the superior court of the state of California, in and for the city and county of San Francisco, made and entered on the seventh day of April, 1921, appointing Erna Herrscher guardian of the person of Julie Grinbaum, reviewed… We have this day rendered decisions holding that the guardian of the person and the guardian of the estate of Julie Grinbaum were appointed by void orders.… Grinbaum v. Superior Court Page 653 This is a petition for a peremptory writ of mandate requiring the respondent Frank H.… People v. Baker Page 654 By an information filed in the superior court of Santa Barbara County defendant was charged with the embezzlement of an automobile, the property of one O.… Certiorari to review proceedings of the Industrial Accident Commission in connection with a claim presented by Frank Kowall as applicant against Globe Cotton Oil Mills and others as defendants for damages caused by an injury received by said Kowall while in the employ of said defendants.… Westervelt v. McCullough Page 661 Respondent moves to dismiss the appeal, which was taken from an order denying a motion made by defendant in the trial court under section 663 of the Code of Civil Procedure, namely, a motion in that court to set aside its judgment, amend its conclusions of law, and enter another and different judgment.… Stockton v. Santa Paula Oil Co. Page 661 In form this action is a quiet-title suit between adverse claimants to mineral land, and, as is admitted by counsel representing the respective parties hereto, the ultimate question for determination by the trial court was simply which of them was entitled to priority.… Weber v. Wiley B. Allen Co. Page 663 The plaintiff commenced an action against the defendants to recover damages for injuries sustained in an automobile accident, judgment went for the plaintiff and Wiley B.… People v. Moore Page 665 The only error assigned by appellant for a reversal of the judgment herein is the ruling of the court in excusing a juror without any challenge to said juror having been interposed by either party.… Quatman v. Superior Court Page 666 By this proceeding petitioners seek a writ of prohibition restraining respondent, Honorable Claude F.… Dishian v. Kishishian Page 669 Plaintiff sued to recover the amount of a promissory note given him by defendant.… Wallace v. McIntosh Page 670 This is an appeal by the plaintiff from a judgment against him in an action brought to recover the sum of $5,000, commissions alleged to be due from the defendant to the plaintiff for the sale of certain leases of mining property in the state of Oregon.… People v. Frankovich Page 671 The district attorney of Humboldt County filed in the superior court of said county an information accusing the defendants of the crime of maintaining a common nuisance, as said offense is defined by section 21 of the Volstead Act, as adopted by the so-called Wright Act enacted by the legislature and later approved by… Emerick v. Johnson Page 675 This is an appeal by the defendant from a judgment against him in an action to recover for damage caused to plaintiff’s automobile by a collision between it and defendant’s automobile at a street intersection in South San Francisco.… City of Vallejo v. Burrill Page 676 The plaintiff and appellant is a municipal corporation owning and operating its own water system.… Tietke v. Forrest Page 681 This is an action brought to recover damages for personal injuries sustained by the plaintiff as a result of the explosion of a gas stove purchased from and installed by the defendant.… Goss v. Brown Page 683 Plaintiffs appeal from an order granting defendant's motion for a change of place of trial from the city and county of San Francisco, in which the action was commenced, to Stanislaus County, the county of defendant's residence.… People v. Cross Page 684 Appellant was convicted of a misdemeanor, it being charged that on or about the eighth day of March, 1923, he willfully and unlawfully sold and furnished a quantity of morphine, contrary to the provisions of the act of March 26, 1907 (Stats.… Anderson v. Standard Lumber Co. Page 686 Plaintiff sued to recover for services alleged to have been performed by him for defendant and for the amount of a claim of one Ole Orr against defendant which had been assigned to plaintiff.… In Re Gere Page 689 On the eighth day of September, 1920, an indictment was found by the grand jury of Los Angeles County and returned to the superior court, charging the petitioner and others with the crime of grand larceny.… People v. Hinkle Page 693 By an information containing three counts defendant was charged, in the first count, with the crime of occupying a room with papers for the purpose of recording bets upon the result of a contest of speed between horses – the offense defined in subdivision 2 of section 337a of the Penal Code.… People v. Huber Page 695 The defendant was convicted of violating the provisions of section 21 of the Motor Vehicle Act approved May 10, 1915 (Stats.… Oberkotter v. Spreckels Page 698 Plaintiff appeals from a judgment based on an order dismissing the action for lack of diligent prosecution.… Motor Investment Co. v. Breslauer Page 700 This action, in claim and delivery, was brought by the plaintiff to recover possession of a Day-Elder motor-truck, or, in case possession thereof cannot be had, judgment for the sum of $1,400, the alleged value of said truck.… In Re Devore Page 706 Harold DeVore, a minor of the age of fourteen years, was by the juvenile court committed to the Whittier State School until he reaches the age of twenty-one.… Claggett v. Hampton Page 707 In 1918 plaintiff in error, as plaintiff, sued defendants in error, as defendants, in the district court of Nowata county to cancel certain instruments of record, and to recover 110 acres of real estate.… Skelly Oil Co. v. Pruitt McCrory Page 709 In the trial of this cause the Jury returned a verdict for plaintiffs.… The Parker Gordon Cigar Comparny commenced this action against the Chicago, Rock Island Pacific Railway Company in the district, court of Garfield county to recover the court of $550, which the plaintiff alleges to be the value of a shipment of cigars that was destroyed by fire prior to their delivery by the railroad.… Wilson v. Porter Page 713 On the 26th day of July, 1919, the defendant in error commenced an action in the district court of Mayes county against the plaintiffs in error, to recover damages for the destruction of an automobile.… Henry Kendall College v. Fisher Page 715 This suit was filed in the superior court of Tulsa county by Rose Fisher against Henry Kendall College, a corporation, to recover the sum of $600, the amount alleged to be due from the defendant to the plaintiff on a certain lease contract, and to recover certain damages alleged to have been done to the leased… McMillan v. Gentry Page 717 This action was commenced by the plaintiff in error against the defendant in error to enjoin the defendant in error from removing the dead body of Alice McMillan Gentry from its burial place in the Hartshorne cemetery for the purpose of reinterment on a lot belonging to the defendant in error.… State Ex Rel. Short v. Callahan Page 718 This is a original action in quo warranto commenced by the Attorney General for the purpose of testing the right of the defendants to hold the office of the city commissioner of the city of Ponca City, to which they were duly nominated and elected pursuant to the provisions of the charter adopted by the people of the… State Ex Rel. Short v. Kygar Page 720 This is an original action in quo warranto, similar to original action No. *189 14409, State of Oklahoma ex rel.… Star v. Star Page 721 The defendant in error was plaintiff and the plaintiff in error defendant in the trial court and for brevity and convenience will be referred to in this opinion as in the court below.… Reinheimer v. Comegys Page 727 This suit was commenced in the district court of Grady county by the plaintiffs, who appear here as defendants in error, against the defendant, who appears here as plaintiff in error, to recover the sum of $221.40, the balance due on the premium for a certain life insurance policy delivered to the defendant.… Adams v. Hoskins Page 728 This was an action by Cora Adams, as plaintiff, against Annetta Hoskins and Bertie DeSteigeur, as defendants, to recover the possession of, and quiet the title to, certain land situated in Okmulgee county, and for rents and profits accruing from said land.… Johnson v. Cullinan Page 732 In May, 1921, the Exchange National Bank of Ardmore, Okla., sued defendant in error, S.J.… Moss v. James Page 735 Opinion by All of the specifications of error are presented and argued in the briefs under two propositions, stated by defendant as follows: “First, that plaintiff wholly failed to make out a ease under the testimony, and the demurrer to the evidence should have been sustained.… Scales v. Locke Page 737 This action was commenced in the district court or Pottawatomie county by Ira Locke against S.F.… Hummell v. Brown Page 738 Opinion by The parties to this action will be referred to herein as plaintiff and defendant, as they appeared in the trial court.… Lamb v. Ulrich Page 741 This action was commenced in the district court of Carter county, Okla., by Bernard Urich, receiver for the State National Bank of Ardmore, Okla., defendant in error, plaintiff below, against J.A.… Sharp v. Miller Page 747 This is an appeal by the plaintiff from an order of the district court of Logan county sustaining a motion of defendant for judgment on the pleadings.… Johnston v. Shaffer Page 748 This action was instituted by the plaintiff in error to recover damages from the defendant in error because of alleged fraud in the procurement of an extension of an oil and gas lease.… Maher v. Smith Page 749 G.W. Smith, as plaintiff, commenced this action against D.B.… Aderhold v. Bishop Page 752 On the 10th day of May, 1918, the defendant in error, Bertha E.… City of Shawnee v. Jeter Page 758 This action was commenced in the superior court of Pottawatomie county by J.T.… State Ex Rel. Smelzer v. Ryan Page 761 This was an action commence, by the plaintiffs in error, plaintiffs below against the defendant in error, defendant below, praying for a writ of mandamus requring the defendant to cancel of record the taxes for 1921, not yet delinquent, assessed against certain real estate which the plaintiffs had previously purchased… Oklahoma Publishing Co. v. Kendall Page 762 W. L. Kendall commenced this action in the district court of Garfield county, against the Oklahoma Publishing Company, a corporation, for an alleged libel published in the Oklahoma City Times on February 11, 1919, of and concerning the plaintiff as superintendent of the Institute for the Feeble Minded, a state… Grant v. First State Bank Page 769 This action was commenced in the district court of Ottawa county on March 10, 1922, by the First State Bank of Miami, Okla., against V.V.… Levine v. Allen Page 771 This is an original application for a wril of prohibition.… Whitmore v. Smith Page 775 This suit was instituted in the district court of Carter county, Okla., May 19, 1920, by the plaintiffs C.R.… McAlister v. State Ex Rel. Walton Page 779 This action was instituted in the district court of Oklahoma county by the defendants in error against the plaintiffs in error, on the 3rd day of October, 1923, for the purpose of securing an injunction *Page 144 against plaintiffs in error individually and as the State Election Board of the state of Oklahoma, from… Southwest National Bank v. McVey Page 784 The facts in this appeal are similar to the questions involved in the case of Southwest National Bank v. J.… Francis v. State Page 785 In the information in this case filed in the county court of Harmon county December 24, 1921, Sam Francis and Emery Felty were charged with manufacturing corn whisky.… Hyde v. State Page 787 This appeal is from a judgment of conviction for rape in the first degree, punishment having been assessed at imprisonment in the penitentiary for the term of 15 years.… Head v. State Page 791 Appellant, Harrison Head, was tried upon an information charging that he – *Page 34 "did intentionally, wrongfully, and feloniously commit an assault and battery upon the person of R.L.… Evans v. State Page 794 Appellant, Will Evans, was convicted of manslaughter in the first degree, on an information which charged that in Wagoner county, on or about the 30th day of June, 1922, he did kill and murder one Selma Selby.… Carle v. State Page 797 Plaintiff in error, Lowden Carle, was by information filed in the district court of Oklahoma county on August 2, 1919, charged with the murder of one Newell Lessenger, alleged to have been committed in said county on the 15th day of July, 1919.… Lucas v. State Page 798 The plaintiffs in error above named, here referred to as the defendants, were by information filed in the district court of Texas county on May 17, 1922, charged with the crime of conjoint robbery, in that they willfully and with force and threats took from the person of Otis Turner certain money and other property.… Girard v. Girard Page 801 (after stating the facts as above). The conclusion which we have reached renders it necessary to consider but one question in the case, although others are discussed by counsel in their briefs.… State v. Hecker Page 808 A recital of some of the facts is necessary for a clear understanding of the points presented for decision.… State v. Evans Page 822 In State v. Hecker, recently decided, we examined aE the arguments made against the validity of the constitutional amendment of 1920 restoring capital punishment as well as all the arguments advanced in support of the notion that no statute exists prescribing the method of executing the death penalty.… — This is an action by the Southern Surety Company, appellant, to recover from the city of Prescott, a municipality, certain paving bonds issued in payment for street improvement, which appellant, as surety, was required to perform for the protection of its contract of suretyship.… Navajo County v. Apache County Page 837 — Navajo county makes complaint that Apache county, which joins it on the east, is asserting dominion over a narrow strip of land, based upon a false boundary line, a line not in accordance with the provisions of the statute defining the limits of the two counties.… — In this . proceeding, which was commenced in the district court af Elmore county, appellants are resisting the assessment of $65 per acre upon their lands which was levied by the directors of the King Hill Irrigation District as benefits to said lands from the expenditure of a large *93amount of money, approximately… Wright v. Spencer Page 846 — -This is an action brought to recover on a promissory note given by appellant Spencer to the Poca-tello Security Trust Co., and by the latter sold and transferred by blank indorsement and delivery to the plaintiff Wright, in whose favor a joint judgment against both Spencer and the company was entered.… Pardee v. Royal Baking Co. Page 847 From a judgment in favor of plaintiff for $125 the defendant appeals.… McKellar v. Industrial Commission Page 849 In proceedings before it, under the Workmen’s Compansation Act, the Industrial Commission denied compensation to the plaintiff for the death of her husband, Hugh McKellar.… State v. Joseph Page 850 The defendant was charged with embezzlement in one connt of the information and was acquitted on that charge.… This is a controversy between two insurance companies, the appeal being from a decision of the Industrial Commission finding petitioner liable for the payment of compensation to Aaron Sabey for disability resulting from an injury occurring December 4, 1922, while in the service of the Royal Coal Company, at which time… Kakunis v. Ogden Rapid Transit Co. Page 853 The plaintiff recovered judgment against the defendant for damages to his automobile, which, he alleged, were caused through the negligence of the defendant in causing one of its street cars to run against plaintiff’s automobile while he was lawfully upon one of the public streets of Ogden City, Utah.… Western Securities Co. v. Spiro Page 856 The Western Securities Company, a corporation, hereinafter called plaintiff, sued the defendant in the district court of Salt Lake county to recover upon two causes of action.… Stringfellow v. Botterill Auto Co. Page 861 On February 1, 1922, plaintiff purchased a five-passenger Esses touring car of defendant for $1,375, and entered into *58a written contract of purchase with defendant in which the car was described as a 1922 model.… Cache Auto Co. v. Central Garage Page 862 On July 20, 1921, plaintiff sold and delivered to the defendants, other than Central Garage Company, a certain automobile for the sum of $300, payable at a later date and retained title within itself as security for the purchase price.… State v. Horr Page 867 The defendant was convicted of the crime of arson in the second degree in the district court of Salt Lake county, and sentenced to an indeterminate term of imprisonment in the State Prison.… Phares v. Don Carlos Page 883 delivered the opinion of the court. Suit brought by defendant in error against plaintiff in error, and the parties will be here designated as in the court below.… Cook v. Cook Page 883 delivered the opinion of the court. These parties are hereinafter referred to as in the trial court where plaintiff in error was defendant and defendants in error were plaintiffs.… Otis & Co. v. Teal Page 884 delivered the opinion of the court. This is an action for damages for fraud.… Schmidt v. Wither Page 885 delivered the opinion of the court. The action is by the payees of promissory notes against the makers.… delivered the opinion of the court. Suit was instituted by defendant in error against plaintiff in error to recover a balance claimed to be due for 10,258 pounds of butter, less shrinkage, at 33 cents per pound.… Kunzmann v. Petteys Page 888 delivered the opinion of the court. By consent of the parties, causes Nos. 10,512 and 10,513, in which the defendant is the same, and the plaintiffs are different, were consolidated for hearing below and also here.… delivered the opinion of the court. A. C.… McMillen v. Hayman Page 893 delivered the opinion of the court. Plaintiff in error was plaintiff below.… Miller v. American Bank & Trust Co. Page 895 delivered the opinion of the court. The plaintiff in error was plaintiff in an action against defendant in error to recover a sum of money alleged to have been deposited in the defendant bank by one Losee, and thereafter assigned to plaintiff.… State ex rel. Griffith v. Davis Page 895 The opinion of the court was delivered by The legislature of 1923 (Laws 1923, ch.… People v. Bringhurst Page 897 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Whann v. Doell Page 899 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… In Re Green Page 903 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Wolfgang Page 907 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Dunne v. Colomb Page 912 This cause is before us after decision by the district court of appeal.… Wright v. Jordan Page 915 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Stafford v. Martinoni Page 919 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Klatt v. Railroad Commission Page 926 On January 23, 1923, petitioner, C.J. Klatt, brought this proceeding to review the action of the Railroad Commission in declaring the water system and a pumping plant on his land to be a public utility and subject to its jurisdiction.… Franzen v. Shenk Page 932 This case came here on rehearing after decision by the district court of appeal, second district, first division, the opinion being written in the first instance by Mr. Presiding Justice Conrey.… In Re Campbell Page 952 Petitioners, claiming that they are illegally restrained of their liberty by the sheriff of Humboldt County, ask this court for an order discharging them from such restraint through the writ of habeas corpus.… Hansen v. Market Street Railway Co. Page 955 This is an appeal from a judgment of nonsuit in an action for personal injuries sustained by plaintiff and alleged to have been proximately caused by the negligence of defendants.… Ouzoonian v. Vaughan Page 958 This is a motion to dismiss the appeal herein.… People v. Guadalupe Page 960 Defendant was accused and convicted of the crime of assault with intent to commit murder, in that he made an assault with a deadly weapon upon one Lorenzo Ramirez with intent to kill and murder the said Lorenzo Ramirez.… The plaintiff is a nonprofit association of poultry producers, organized for the purpose of promoting *Page 451 and fostering the business of raising poultry and marketing eggs and poultry by co-operative methods.… Smith v. Mitchell Page 964 Plaintiff sued to recover damages for the alienation of his wife's affections by defendant.… Shay v. Roth Page 967 Application for writ of mandate to compel the respondent, as auditor of the county of San Bernardino, to issue a warrant on the county treasurer directing the payment of the sum of three hundred dollars to petitioner as salary due him for the month of May, 1923, as sheriff of said county.… Redwood Investment Co. v. Exley Page 973 Appeal from a judgment dismissing plaintiff's complaint.… Alberts v. Rasher, Kingman, Herrin Page 975 The appellant sued the respondent to recover the amount alleged to he due for goods sold and delivered.… State ex rel. Engen v. Hewen Page 976 On November 15, 1923, defendant, a judge of the superior court of Grays Harbor county, after a trial in a case wherein the Grays Harbor Dairymen’s Association was plaintiff and plaintiffs herein were defendants, entered a decree enjoining plaintiffs from selling milk to anyone other than the dairymen’s association.… Smith v. Saul Page 977 Respondent, by the judgment below, was allowed to recover for funeral expenses paid by him for the burial of his deceased wife; also to recover for personal services and labor upon a tract of orchard land owned and held by himself and his wife as tenants in common, and these amounts were decreed to be a lien upon that… Hensley v. Hensley Page 978 (dissenting) — I am of the opinion that the trial court correctly determined the legal question involved, and I therefore dissent from the conclusion of the majority.… The plaintiff, Carr, commenced this action in the superior court for Franklin county, seeking recovery of damages from the defendant beneficial association, alleged to have resulted to him from the negligence of incompetent physicians and surgeons of the association in treating him at its hospital while a member of… Wood v. Rolfe Page 982 Several suits at law had been instituted by the city of Cheney against respondents, and more had been threatened or promised by appellant Rolfe, while city mayor, against them, when, on a certain day, persons acting for the city, as contended by appellants, undertook to haul some sand away from premises which had been… Olsen v. Hoag Page 984 This suit was brought to enforce specific performance of an oral contract to devise real and personal property to appellant.… Ritzville Warehouse Co. v. Dorgan Page 986 Respondent was the holder of a fidelity bond issued by the appellant surety company, insuring against pecuniary loss through the fraud, theft, embezzlement, or other like dishonest act of a certain named employee.… Americus v. McGinnis Page 987 Appellant, as plaintiff, brought this action to recover for services rendered as an attorney at law, his claim being partly evidenced by a note and *29partly upon open account.… State v. Aplin Page 989 The appellant, Aplin, was convicted upon an information charging him with unlawfully *37having in his possession intoxicating liquors, and with having been theretofore convicted of a similar offense.… Masterson v. McGoldrick Lumber Co. Page 990 The appellant, by his guardian ad litem, is suing the respondent, which was the owner of a truck, some eighteen or twenty feet in length, loaded with lumber, which came into collision with a bicycle *2ridden by tbe appellant, at the intersection of Mission avenue and Hamilton street, in the city of Spokane; the only… The respondent instituted this proceeding to compel the railway companies to construct and maintain a bridge for pedestrians over Railroad avenue at Yesler Way, in the city of Seattle.… On Rehearing. In the original opinion in this case, 124 Wash.… Mills v. Hayden Page 994 Respondents, as plaintiffs, instituted this action against the.… TMs is an appeal from a judgment directing the issuance of a writ of mandate restoring relator to the position of examiner in the civil service department of the city of Seattle, directing the issuance of salary warrants to him for each month from and after January 1, 1923, and likewise directing the issuance of a… City of Tulsa v. Corporation Commission Page 1000 This was an original proceeding instituted in this court by the city of Tulsa, a municipal corporation, and 20 or more individuals, as plaintiffs, filing an application for a writ of prohibition to issue against the Corporation Commission of the state of Oklahoma.… Robertson v. Battles Page 1002 This is an action by the grantee against the grantors to reform a deed conveying certain lands in Muskogee county.… Sinclair Refining Co. v. Keith Page 1003 This action was commenced in the district court of Murray county, Okla., on the 17th day of August, 1922, by the Sinclair Refining Company, a corporation, plaintiff in error, plaintiff below, against C.H.… Borman v. Geib Page 1006 It is necessary for us to notice only one error of the trial court, which necessarily requires a reversal by this court.… Conditt v. McKinley Page 1007 This action was begun in the district court of Pontotoc county by Jno.… Harris v. Davis Page 1009 Opinion by For convenience we will refer to the parties as plaintiff and defendant, as they appeared in the trial court.… Hartford Fire Insurance Co. v. Bernard Page 1011 The defendant issued its fire and theft policy on a Marmon car for plaintiff about July 9, 1921.… Selby Oil & Gas Co. v. Rogers Page 1012 In its petition in error in this case defendant sets forth 17 specifications of error, but in the brief and argument only three propositions are presented which may be stated as follows: (1) That the evidence is insufficient to support the verdict and judgment.… This action was commenced in the district court of Comanche county, Okla., on the 29th day of October, 1917, by the Lawton Grain Company, a corporation, defendant in error, plaintiff below, against the Chicago, Rock Island Pacific Railway Company, a corporation, plaintiff in error, defendant below, to recover damages… Sovereign Camp W. O. W. v. Brown Page 1017 This was an action instituted by the defendant in error, Allie Brown, as plaintiff, against plaintiff in error, as defendant, in the district court of Kiowa county, Okla., to recover $1,000, alleged to be due defendant in error under beneficiary certificate issued by plaintiff in error on life of Asa A.… Hinz v. Hunt Page 1022 This is an original application for writ of prohibition against the district judge of Tulsa county, to prevent him from exercising jurisdiction in removing certain officers of the county in actions brought by the officers of such county for certain acts of misfeasance in office.… Harwell v. Wood Page 1023 This is a case in which S.G. Wood, defendant in error, hereinafter called plaintiff, brought an action against T.A.… Midland Valley R. Co. v. Clark Page 1025 This case is here on a second appeal. It was here before on appeal from a verdict and judgment obtained against plaintiff in error by this defendant in error in the district court of Kay county, December 3, 1917.… Brownell v. Burke Page 1026 This suit was instituted by Mayme M. Burke, defendant in error, as plaintiff, against J.A.… White v. Shawnee Milling Co. Page 1029 This action was filed in the district court of Garvin county, *Page 261 by plaintiff in error, plaintiff below, wherein he sought to obtain judgment in damages against the defendant in error, defendant below, and the parties will be designated as they appeared in the trial court.… Webb v. Vaden Page 1031 This cause was before this court and was decided in an opinion by Mr. Justice Owen on June 24, 1919, 75 Okla.… American Railway Express Co. v. Snead Page 1032 This action involves the question of liability of the American Railway Express Company after the consolidation of the express companies on June 21, 1918, under a war measure, for the loss of a trunk consigned to the Wells-Fargo Express Company, some weeks before the consolidation and never received by the consignee.… Logue & Thompson Co. v. Williams Page 1033 Opinion by This action was commenced in the district court of Garfield county by one B.… Collings v. Industrial Savings Society Page 1036 The Industrial Savings Society, a corporation of the state of Michigan, hereinafter referred to as plaintiff, commenced this action against Estella Collings and George E.… In Re Opinion of the Judges Page 1041 It appears from the record before us that Richard Birkes was, by information filed in the district *Page 42 court of Craig county, Okla., on September 15, 1923, charged with the murder of one Frank Pitts, alleged to have been committed in said county on the 9th day of August, 1923, by shooting said Pitts with a pistol.… Williams v. State Page 1043 This is an appeal from a judgment of conviction rendered in the county court of Ottawa county on the 14th day of January, 1922.… Shawver v. State Page 1043 Plaintiff in error, C. D. Shawver, was convicted in the district court of Oklahoma county of the crime of larceny of an automobile, and sentenced to serve seven years imprisonment in the state penitentiary.… Castleberry v. State Page 1044 Prince Castleberry, defendant below, was by information filed April 1, 1921, charged jointly with Wesley Payne with an assault upon the person of Minnie Hoyle with a knife or dagger, with the intent to kill Minnie Hoyle.… Spelman v. State Page 1044 W. H. Spelman, plaintiff in error, was by information filed in the county court of Payne county September 29, 1921, charged with the unlawful possession of intoxicating liquors at his place of business in Stillwater.… Newton v. State Page 1046 The plaintiff in error was tried upon an information charging that on or about the 22d day of July, 1921, he did "unlawfully have in his possession and under his control intoxicating liquor, to wit, about one gallon of whisky, with the willful and unlawful intent" to sell the same.… Morrow v. State Page 1047 This case illustrates the perils of man’s living alone, beyond the tender care and refining influences of women.… Key v. State Page 1048 Appellant, Gus Key, was tried upon an information charging that he did have in his possession one pint of whisky with the unlawful intent to sell the same.… Graham v. State Page 1049 This appeal is from a judgment of the county court of Cotton county, rendered in pursuance of a verdict convicting Oscar Graham on a charge that he did have in his possession four pints of whisky with intent to sell the same, and fixing his punishment at a fine of $50 and confinement in the county jail for 30 days.… Brower v. State Page 1050 Ivan Brower, plaintiff in error, here designated the defendant, was by a verdict of a jury rendered August 3, 1921, found guilty of the larceny of a domestic animal, as charged in the information, without fixing the punishment.… Ford v. Schall Page 1052 1. It is familiar law that the plaintiff must recover, if at all, upon the cause of action averred in his complaint, and not upon issues without the record; Boothe v. Farmers’ Nat.… Sing v. Gribler Page 1060 The plaintiff, claiming to be the tenant of realty under lease from the defendant, avers in substance that the landlord, without any right, dispossessed him to his damage in certain particulars and in certain sums mentioned.… Ebell v. Oregon-Washington R. & N. Co. Page 1062 The plaintiff alleges and the defendant admits that at the time of the accident plaintiff’s intestate and defendant were both engaged in interstate commerce.… Bank of Jordan Valley v. Oliver Page 1067 While, from a moral point of view, there is good reason to say that the bank ought to pay for the hay fed to the sheep in which the bank had an interest as mortgagee, we cannot, in view of Oliver’s testimony, hold the bank as anything but a collateral promisor.… Vassau v. Northern Pacific Railway Co. Page 1069 delivered the opinion of the court. In cause No. 5341 the facts are as follows: On November 1, 1919, plaintiffs loaded seven cars with sheep at Alder, Montana, for shipment over the line of the Northern Pacific Railway to Wessington Springs, South Dakota.… Wardrop v. Harrison Page 1069 This is an action for dissolution of a partnership and for an accounting of the partnership assets.… Claussen v. Chapin Page 1073 delivered the opinion of the court. From the amended complaint in this action the following facts are made to appear: Early in 1922 this plaintiff, Henry Schlueter, and many other persons associated with them, by their joint efforts and investments acquired the right to explore certain tracts of land in Rosebud county… — An alternative writ of prohibition was issued by this court directing the superior court of Maricopa county and one of its judges to show cause why it should not be restrained from proceeding further in an action tried in that court, in which notice of appeal had been given by the Corporation Commission of the State… Sanborn v. City of Boulder Page 1077 delivered the opinion of the court. This is a writ of error to review a decree dismissing the plaintiffs’ action in equity, whose object was to enjoin the municipal authorities of the city of Boulder from enforcing an alleged void city ordinance, purporting to create a paving improvement district.… Williams v. Fundingsland Page 1084 delivered the opinion of the court. The parties made a written contract whereby plaintiff Fundingsland agreed to sell, and defendant Williams agreed to buy, certain lands in the state of Kansas; the seller therein covenanting to furnish an abstract of title showing “the title to be good and marketable.” The buyer paid… Patton v. People Page 1086 delivered the opinion of the court. The plaintiff in error, William Patton, hereinafter designated the defendant, was convicted of the crime of murder of the first degree, and sentenced to imprisonment for life.… Baker v. Couch Page 1089 delivered the opinion of the court. These parties appeared in reverse order in the trial court and are hereinafter referred to as there.… Coates v. Board of County Commissioners Page 1090 delivered the opinion of the court. This is a suit by plaintiffs in error to restrain the board of county commissioners of Prowers county from including their lands within a proposed drainage district.… Davis v. Holly Sugar Corp. Page 1091 delivered the opinion of the court. The defendant in error was plaintiff in an action against the plaintiff in error, under the transportation act of 1920, to recover damages for the killing of a mule at Loma, on the D.… Barnard v. Sweet Page 1093 Action to recover for unpaid stock in a corporation.… Teuscher v. Utah-Idaho Flour & Grain Co. Page 1096 In this action judgment is sought for breach of contract.… This is a companion case to the preceding case, Robison v. Fillmore Commercial & Savings Bank, 63 Utah -, 221 Pac.… The district court of Millard county sustained a demurrer to plaintiff’s complaint, and, plaintiff electing to stand upon his complaint, judgment was entered dismissing the action.… Ferguson v. Industrial Commission Page 1099 Tbis is a proceeding to review tbe decision of tbe Industrial Commission dismissing and denying a claim for com-pnsation for injuries under tbe Workmen’s Compensation Act (Comp.… Blake v. Crystalline Lime Co. Page 1100 — This is an action to foreclose two labor liens, filed by Frank O’Conners and Boy Wilkinson, on November 17, 1920, against the property of defendant corporation.… Miller-Cahoon Co. v. Wade Page 1102 — This is an action by the Miller-Cahoon Company, a foreign corporation, to foreclose real estate and chattel mortgages upon property situate in Power county, Idaho.… Marshall v. Underwood Page 1105 — The plaintiff instituted this action to quiet title to certain springs which he designated in his complaint as the “Lower Hot Springs,” situate on lands owned by him near Downey, Idaho, in Section 12, Twp.… Vaughan v. Hubbard Page 1107 — This proceeding involves two appeals, one from a decree of the district court setting aside, annulling and holding for naught an order of adoption made by the probate court of Lincoln county, whereby the infant son of respondent was adopted by appellants, said decree ordering and adjudging that respondent is… Belot v. Belot Page 1111 The opinion of the court was delivered by The plaintiff appeals from an order directing that money paid for her benefit to the clerk of the district court by the defendant as temporary alimony be returned to the latter.… Dow v. Firemen's Insurance Co. of Newark Page 1112 The opinion of the court was delivered by The action was one to recover on a policy of fire insurance.… Robinson v. Jacobia Page 1113 The opinion of the court was delivered by Estella Jacobia executed her promissory note dated April 14, 1911, payable to her brother Charles I.… Kilgore v. Withroder Page 1115 The opinion of the court was delivered by The action was one to cancel a note and a real estate mortgage securing the note.… Green v. Bankers Life Insurance Page 1116 The opinion of the court was delivered by This is a second appeal.… Eisman v. Hanover Fire Insurance Page 1116 The opinion of the court was delivered by This was an action to recover on a fire insurance policy.… The opinion of the court was delivered by This is an action for loss alleged to have been sustained because defendant issued an order bill of lading incorrectly describing the quantity of wheat in a car.… McGovern v. State Page 1118 Plaintiff in error, Red McGovern, was convicted in the county court of' Oklahoma county of the offense of unlawfully conveying intoxicating liquor, and punishment fixed at imprisonment in the county jail for a period of 30 days and to pay a fine of $50.… Morrow v. State Page 1118 This is a companion case to A-4388, A.D. Morrow v. State,23 Okla.… Brannon v. State Page 1118 Appeal from the county court of Payne county.… Robinson v. State Page 1118 Plaintiff in error, Olin Robinson, was convicted in the county court of Hughes county on a charge of unlawfully transporting intoxicating liquor from a certain point in Hughes county to the corner of Main street ¿nd Bullet street in Holdenville.… Ex Parte Robinson Page 1118 This is a petition for writ of habeas corpus of Olin Robinson, to be admitted to bail pending an appeal from a judgment of the county court of Hughes county.… City Sanitation Co. v. City of Casper Page 1119 Plaintiff in error brought this action against the defendant in error, claiming to have the exclusive right to haul, collect and remove rubbish, garbage and other refuse in and from the City of Casper pursuant to an ordinance of, and a so-called contract with, said city.… State v. Pruitt Page 1119 After reading the affidavits presented in behalf of a motion for a new trial, showing the separation of the jury on two or three occasions, we are satisfied the motion should have been granted.… Richardson v. Walker Page 1119 On motion of respondent, the statement of facts was stricken in this case before the cause was reached for hearing on the merits.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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