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United States of America
Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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6
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
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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.
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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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18
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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23
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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24
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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26
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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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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35
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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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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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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64
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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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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70
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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71
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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Treehouse Foods Inc., Sturm Foods Inc., and consumer plaintiffs including individuals and small businesses filed this antitrust MDL in the Southern District of New York before Judge Vernon Broderick in June 2014, alleging that Keurig Green Mountain Inc. used anticompetitive means to exclude rivals from the single-serve coffee market. The plaintiffs alleged Keurig redesigned its Keurig 2.0 brewer with a digital lock that prevented the use of competing unlicensed coffee pods, and pressured retailers and office coffee distributors into exclusivity arrangements — all to maintain its monopoly in the single-serve coffee system market.
The litigation consolidated competitor claims (from Treehouse and Sturm) with consumer class claims. The antitrust case raised novel issues about the intersection of product design, aftermarket tying, and monopolization under the Sherman Act. The case involved complex economic analysis of market definition and competitive effects.
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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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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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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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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it. Federal district courts
100Contract
102Contract
104Contract
110Contract - Insurance
111 Miscellaneous
112Contract - Sale (CDA)
114Contract - Service (CDA)
116Contract - Supply (CDA)
118Contract - Other (CDA)
120Contract: Marine
122Contract - Bid Preparation Costs
128Contract - Subsidy
130Contract - Surety
134Contract - Other
136Contract - Other - Wunderlich
138Contract - (Pre Award) Injunctions
140Contract - Injunction (Post Award)
150Contract: Recovery of Overpayment & Enforcement of Judgment
151Contract: Medicare Act
152Contract: Defaulted Student Loan
153Contract: Recovery Veteran Ben.
160Contract: Stockholders' Suits
190Contract: Other Contract Actions
195Contract Product Liability
196Contract: Franchise
200Tax - Allowance of Interest
202Tax - Declaratory Judgment 28:1507
204Tax - Estate
206Tax - Excise
208Tax - Gift
210Real Property: Land Condemnation
212Tax - Income Individual
214Tax - Informer's Fees
220Foreclosure (Diversity)
224Tax -100% Penalty-26:6672- Withhold.
226Tax - Other
230Real Property: Rent Lease & Ejectment
240Real Property: Torts to Land
245Real Property: Tort Product Liability
290Real Property: Other
300Civilian Pay - Back Pay
302Civilian Pay - COLA
304Civilian Pay - FLSA
306Civilian Pay - Overtime Compensation
310Personal Injury: Airplane
312Civilian Pay - Other
315Personal Injury: Airplane Product Liability
320Personal Injury: Assault Libel & Slander
330Personal Injury: Federal Employer's Liability
340Personal Injury: Marine
344Military Pay - Correct Records
345Marine Product Liability
346Military Pay - Correct/Reinstate
348Military Pay - Reinstatement
350Motor Vehicle Personal Injury
352Military Pay - Retirement
354Military Pay - SBP
355Personal Injury: Motor Vehicle Product Liability
356Military Pay - Other
360Personal Injury: Other
362Personal Injury: Medical Malpractice
365Personal Injury: Product Liability
367Health Care/Pharmaceutical Personal Injury Product Liability
368Personal Injury: Asbestos Personal Injury Product Liability
370Fraud or Truth-In-Lending
371Personal Property: Truth in Lending
375Other Statutes: False Claims Act
376Qui Tam (31 U.S.C. § 3729(a))
380Personal Property: Other Personal Property Damage
385Personal Property: Property Damage Product Liability
400State Reapportionment
410Anti-Trust
422Bankruptcy Appeals, Rule 28 U.S.C. § 158
423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157
424(Obj/Revocation Discharge 727
430Banks and Banking
434Injunctive Relief
435Validity/Priority/Extent Lien
440Civil Rights: Other
441Civil Rights: Voting
442Civil Rights: Employment
443Civil Rights: Housing/Accommodations
444Civil Rights: Welfare
445Civil Rights: Americans with Disabilities - Employment
446Civil Rights: Americans with Disabilities Act - Other
448Civil Rights: Education
450Commerce ICC Rates Etc.
454Recover Money/Property
455Revoke Plan Confirmation
456Declaratory Judgment
457Subordinate Claim/Interest
458Injury - DTP/DPT
460Deportation
462Naturalization Application
463Habeas Corpus - Alien Detainees
464Injury - Polio inactive
465Immigration: Other Immigration Actions
467Injury - Tetanus & Diptheria
469Injury - Other
470Civil (RICO) Racketeer/Corrupt Organization
472Death - DTP/DPT
480Consumer Credit
483Death - Other
484Injury - Hepatitis B
485Injury - Hemophilus influenzae
486Injury - Varicella
490Cable/Satellite TV
492Injury - Thimerosal
494Injury - Influenza
496Injury - Meningococcal
498Other Action
499Death - Human Papillomavirus
500Common Carrier - Transportation
502Copyright
504Native American
508Patent
510Taking - Personalty
511Taking - FIRREA
512Taking - Realty
513Taking - Rails to Trails
514Taking - Other
515Unjust Conviction and Imprisonment
516Miscellaneous - Damages
528Miscellaneous - Other
530Prisoner: Habeas Corpus
535Death Penalty - Habeas Corpus
536Spent Nuclear Fuel
540Prisoner Petitions: Mandamus and Other
550Prisoner Petitions: Civil Rights
555Civil Rights (Prison Condition)
560Prisoner Petitions: Civil Detainee: Conditions of Confinement
610Forfeit/Penalty: Agriculture
620Forfeit/Penalty: Food and Drug
625Drug Related Seizure of Property
630Miscellanous
650Forfeit/Penalty: Airline Regs.
660Forfeit/Penalty: Occup. Safety
690Forfeiture/Penalty: Other
710Labor: Fair Labor Standards Act
720Labor: Labor/Management Relations
730Labor: Reporting/Disclosure
740Labor: Railway Labor Act
751Labor: Family and Medical Leave Act
790Labor: Other
791Labor: Employee Retirement Income Security Act (ERISA)
810Selective Service
820Property Rights: Copyright
830Property Rights: Patent
840Property Rights: Trademark
850Other Statutes: Securities/Commodities/Exchange
861Social Security: HIA
862Social Security: Black Lung
863D.I.W.C./D.I.W.W. (US Defendant)
864Social Security: SSID Title XVI
865Social Security: RSI Tax Suits
870Federal Tax Suits: Taxes (US Plaintiff or Defendant)
871Federal Tax Suits: IRS-Third Party
875Taxes: Customer Challenge
890Other Statutes: Other Statutory Actions
891Agriculture Acts
892Economic Stabilization Act
893Environmental Matters
894Energy Allocation Act
895Freedom of Information Act
896Other Statutes: Arbitration
899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
900Appeal of Fee Determination
908Miscellaneous Case - Other
950Other Statutes: Constitutionality of State Statutes
990Other
999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults
1190Contract: Other Contract Action
1220Foreclosure
1240Torts to Land
1290Real Property - Other
1370Other Fraud
1371Truth in Lending
1380Other Personal Property Damage
1410Antitrust
1422Bankruptcy Appeals Rule 28 - USC 158
1440Other Civil Rights
1441Civil Rights: Voting
1442Civil Rights: Jobs
1443Civil Rights: Accommodations
1445Americans with Disabilities Act - Employment
1446Americans w/Disabilities Act - Other
1465Other Immigration Actions
1470Civil (RICO)
1625Forfeiture - Drug Related
1690Forfeiture - Other
1720Labor Laws - Labor/Mgmt Relation
1791Labor Laws - Retirement Act 1974
1850Securities Commodities Exchange
1870Tax Suits
1890Other Statutory Actions
1891Agricultural Acts
1893Environmental Matters
2110Insurance
2151Contract: Medicare Act Overpay
2152Recvry of Defaulted Student Loans
2190Contract: Other Contract Action
2210Condemnation
2220Real Property: Foreclosure
2240Real Property: Torts to Land
2290Real Property: Other
2320Assault Libel and Slander
2330Personal Injury: Federal Employers Liability
2340Marine Personal Injury
2350TORTS INJURY: Motor Vehicle
2360Personal Injury: Other Personal
2362Personal Injury: Medical Malpractice
2370Personal Property: Fraud
2371Truth in Lending
2380Personal Property: Other
2410Antitrust
2422Bankruptcy Appeals Rule 28 USC 158
2423Withdrawal
2430Banks and Banking
2440Civil Rights: Other
2441Civil Rights Voting
2442Civil Rights: Jobs
2443Civil Rights: Accomodations
2445Americans w/Disabilities Act-Empl
2446Americans w/Disabilities Act-Othr
2460Deportation
2462Naturalization Application
2463Habeas Corpus - Alien Detainees
2465Other Immigration Actions
2480Consumer Credit
2510Prisoner Petitions -Vacate Sentence
2530Habeas Corpus (Prisoner Petition)
2535Habeas Corpus: Death Penalty
2540Prisoner Petitions-Mandamus/Other
2550Prisoner - Civil Rights
2555Prison Conditions
2560Civ Detainee - Cond of Confinement
2625Drug Related Seizure of Property
2690Other Forfeiture and Penalty Suits
2710Fair Labor Standards Act
2720Labor/Management Relations
2790Other Labor Litigation
2791Employee Retirement
2830Patent
2850Securities Commodities Exchange
2860Social Security
2861Medicare
2862Social Security: Black Lung
2863DIWC / DIWW (Social Security)
2864SSID Title XVI (Social Security)
2865R.S.I.
2870Taxes (U.S. Plaintiff or Defendant)
2871IRS Third Party Suits (TAX DC)
2890Other Statutory Actions
2891Agricultural Acts
2893Environmental Matters
2895Freedom of Information Act
2899Adminstrative Review Act
2950Constitutionality of State Statutes
2990Other
3110Contract: Insurance
3120Contract: Marine
3130Contract: Miller Act
3140Contract: Negotiable Instrument
3150Overpayments & Enforcement of Judgments
3151Overpayments Under the Medicare Act
3160Contract: Stockholder Suits
3190Contract: Other
3196Franchise
3210Land Condemnation
3220Real Property: Foreclosure
3230Real Property: Rent Lease Ejectment
3240Real Property: Torts to Land
3290Real Property: Other
3310Airplane Personal Injury
3315Airplane Product Liability
3320Assault Libel and Slander
3330Federal Employers Liability
3340Personal Injury: Marine
3350Personal Injury: Motor Vehicle
3355Motor Vehicle Product Liability
3360Personal Injury: Other
3362Personal Injury: Medical Malpractice
3365Personal Injury: Product Liability
3367Torts
3368Personal Injury: Asbestos Prod Lia
3370Personal Property: Fraud
3371TORTS-Truth in Lending
3375Other Statutes: False Claims Act
3380TORTS PERSONAL PROPERTY-Other
3385Property Damage: Product Liability
3400STATUTES-State Reapportionment
3410Antitrust
3422Bankruptcy Appeals Rule 28 USC 158
3423Bankruptcy Withdrawal 28 USC 157
3430STATUTES-Banks & Banking
3440Civil Rights: Other
3441Civil Rights: Voting
3442Civil Rights: Jobs
3443Civil Rights: Accommodations
3444Civil Rights Welfare
3445Americans with Disabilities Act - Employment
3446Americans with Disabilities Act - Other
3448Civil Rights
3450Interstate Commerce
3470Racketeer Influenced & Corrupt Organizations (RICO)
3480Consumer Credit
3490Cable/Satellite TV
3530Prisoner: Habeas Corpus
3535Habeas Corpus - Death Penalty
3540Prisoner Petitions-Mandamus/Other
3550Prisoner: Civil Rights
3555Prisoner Petitions - Prison Condition
3560Prisoner Petitions
3710Labor: Fair Standards
3720Labor/Management Relations Act
3730Labor: Reporting/Disclosure
3740Labor: Railway Labor Act
3750Labor
3751Labor: Family and Medical Leave Act
3790Labor: Other
3791Employee Retirement (ERISA)
3820Property Rights: Copyright
3830Property Rights: Patent
3840Property Rights: Trademark
3850Securities Commodities Exchange
3864SOC SEC-SSID Title XVI
3890Statutes: Other
3891Statutes: Agricultural Acts
3892Economic Stabilization Act
3893Environmental Matters
3895Statutes: FOIA 1974
3896Other Statutes
3899Other Statutes
3950Constitutionality of State Statutes
3990Other
3999Miscellaneous
4110Contract: Insurance
4120Marine Contract Actions
4140Contract: Negotiable Instruments
4150Contract: Overpayment Recovery
4160Contract: Stockholders Suits
4190Contract: Other
4195Contract: Product Liability
4196Franchise
4220Real Property: Foreclosure
4230Rent Lease Ejectment
4240Torts to Land
4245Tort: Personal Liability
4290Real Property: Other
4310Personal Injury: Airplane
4315Airplane Product Liability
4320Personal Injury: Assault Libel & Slander
4340Marine Personal Injury
4345Marine Product Liability
4350Personal Injury: Motor Vehicle
4355Motor Vehicle Product Liability
4360Personal Injury: Other Personal
4362Personal Injury: Medical Malpractice
4365Personal Injury: Product Liability
4367Torts
4368Personal Injury: Asbestos
4370Personal Property: Fraud
4371Truth in Lending
4380Personal Property: Other
4385Property Damage-Product Liability
4440Civil Rights-Other
4442Civil Rights Jobs
4443Civil Rights Accommodations
4470STATUTES-RICO
4480Consumer Credit
4790Other Labor Litigation
4890Other Statuatory Actions
4896Other Statutes
4950Constitutionality of State Statutes
5362Medical Malpractice
5870STATUTES-Tax Suits
9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam
9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo
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All reporters › p › Volume 242 Opinions in p, volume 242
Prothero v. Prothero Page 1 The plaintiff brought this action for a divorce from her husband.… Tobin v. City of Seattle Page 2 This case has once before been in this court (Tobin v.Seattle, 127 Wn.… According to the amended complaint, between September 1, 1923, and June 30, 1924, the respondent delivered to the appellant, a commission merchant, for sale on commission, a large quantity of apples, and the appellant deducted from the proceeds of the sale over $2,000; it is claimed that, pursuant to ch.… State v. Voelker Page 6 The appellant advances four reasons why his conviction for the unlawful manufacture of intoxicating liquor should be reversed.… The relator asked to have salary warrants issued to him and, the request having been denied, has appealed.… Fruit v. Fancher Page 11 Plaintiffs instituted this action to recover upon a contract for the repurchase of certain property.… This action was instituted to recover upon a guaranty signed by defendants.… Leuch v. Dessert Page 14 J.E. Gandy, on November 8, 1919, owned a five-story brick building in the city of Spokane, and on that day leased to the respondents ".… Arthun v. City of Seattle Page 16 Christ Arthun, while engaged in the performance of work as a laborer for Grant Smith Company, a contractor, in the laying of a line of pipe in and along Beacon Avenue in the city of Seattle, was struck and injured by an automobile bus operated by *Page 229 the city in connection with its street car system.… This is an action to recover damages in the sum of $500, arising out of the alleged negligent and careless manner in which respondent conducted the building of a railway across the lands occupied by appellant.… Duddy-Robinson Co. v. Taylor Page 21 Plaintiff brought this action to recover from defendants the sum of $10,099.56, alleged to have been received from plaintiff as consideration for the repurchase of shares in the plaintiff corporation.… State v. Howard Page 21 The appellant was convicted of having intoxicating liquor in her possession with intent to sell, and on this appeal raises one objection to her conviction, and that is that error was committed in allowing her to be interrogated as to facts pertaining to a former arrest and conviction.… In Idaho, on the main line of the Chicago, Milwaukee St. Paul Railway is a station which bears the name of Adair.… The record in this case consists of the complaint, judgment, notice of appeal, and supersedeas and cost bond, all of which are embodied in the clerk’s transcript.… A. H. Andrews & Son v. Harper Page 27 The plaintiffs, Andrews Son, commenced this action in the superior court for Clarke county, seeking recovery of an alleged balance due *Page 354 them from the defendants, Harper and wife, upon the purchase price of dairy stock feed.… The Bridgeport State Bank, of Bridgeport, in Douglas county, was taken over, because of insolvency, by the state supervisor of banking on September 28, 1923.… State v. Davis Page 31 Art Davis, Louis Marcinko and John Prkut were jointly charged with the crime of being jointists in that, on or about June 11, 1924, they wilfully, unlawfully and feloniously did open up and conduct and maintain a certain described building in King county, a place for the unlawful sale of intoxicating liquor.… Rowe v. Fisher Page 32 The plaintiff, Mrs. Rowe, commenced this action in the.… This is an appeal from a civil contempt proceeding, growing out of an alleged interference and obstruction of the judgment of the trial court in a divorce proceeding in which both the former wife of relator, and an associate whom she afterwards married, who is respondent in this case, were proceeded against.… State v. Neadeau Page 36 The defendant was charged, tried and convicted of driving an automobile while intoxicated, and from the judgment entered upon the verdict appeals.… Respondent, as plaintiff, sued in this action to recover $1,145.24 as a balance due, with protest fees, on a sight draft given in settlement of a loss under two policies of insurance.… Kolatch v. I. Rome & Sons Page 38 This case has once before been in this court.… This action was brought to recover damages to an automobile which, the plaintiff claims, were caused after it had been stolen.… Guth v. First National Bank Page 42 Plaintiffs brought this action to recover upon two causes of action, and, from judgment entered upon the verdict of the jury in their favor, defendant bank appeals.… Merges v. Adams Page 43 This action is prosecuted by the appellants for the purpose of setting aside a general county foreclosure for taxes for the years 1914 to 1917, inclusive, so far as it affects property the title to which was vested in them.… Aslan v. Parker Realty Co. Page 45 DEFENDANT in error, a corporation, brought this suit against plaintiff in error to recover a commission for producing a purchaser for real estate of plaintiff in error, and recovered judgment for the amount claimed.… AVERCH brought suit against the city of Denver and members of the council, the mayor and building inspector, praying an injunction to restrain them from prosecuting him for violating the building ordinance by the erection of a packing house, and, in the alternative, a mandamus or other process to compel a permit for… specially concurring. I think that portion of said section 49 of the act which so defines “employee” as to include an independent contractor is not germane to the title, but concede there is a reasonable doubt thereof; hence, under the rule that no statute can be held unconstitutional unless it be so found beyond a… Manby v. Sweet Investment Co. Page 51 THIS is an action upon a promissory note.… Kinney v. Wither Page 52 THIS is an action by the plaintiff Kinney to recover a balance alleged to be due him from Wither Brothers defendants as his commission for sale of their real estate.… Union National Bank v. Wright Page 54 THIS is an application for a supersedeas, wherein plaintiff in error, the Union National Bank of Greeley, objects to the provisions of an order and an amendment thereto, made by the county court of Weld county, involving the estate of a deceased person.… Wigton v. Wigton Page 56 THESE parties appeared in reverse order in the trial court and we hereinafter designate them as there.… Murphy v. People Page 57 LEHMAN brought quo warranto against Murphy and obtained a judgment ousting him and he brings error.… Walker v. Mathis Page 68 THE principal question raised for our determination involves the priority between a recorded chattel mortgage upon an automobile and a repairman's lien for repairs on the same vehicle, made subsequent to the recording of the mortgage.… PHILLIPS appealed to the district court from a decision of the county assessor which overruled his objections to an assessment of his land.… People v. Pirie Page 72 THIS is a writ of error to a judgment of the district court in an action that grew out of the case of Pirie v. PublicUtilities Commission, 72 Colo.… Drugs Service Co. v. Morrison Page 74 THIS is an action which was originally instituted in a justice court by Clee L.… Galligan v. McLean Page 74 delivered the opinion of the court. This is a suit for contribution brought by the plaintiff, McLean, against Galligan and Daly.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Svoboda v. Purkitt Page 81 An application for a writ of mandate directing respondent, as judge of the superior court in and for the city and county of San Francisco, to hear and determine a motion for an order placing petitioner upon probation.… This is an application for a writ of prohibition.… People v. Dutro Page 84 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Lindsay Page 87 This is an appeal by the defendant from a judgment entered upon a verdict of a jury finding him guilty of embezzlement.… Wise v. Radis Page 90 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Biurrun v. Elizalde Page 109 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Walker v. Boyle Page 115 This is a proceeding in mandamus to compel the respondent, Thomas F.… The opinion of the court was delivered by The action was one to recover damages for delay in transporting wheat from points of origin on the carrier’s railroad in Kansas and Oklahoma to Galveston and New Orleans, for export.… The opinion of the court was delivered by The action wa.s one to recover partial payment for a shipment of apples.… Zecha v. Citizens State Bank Page 120 The opinion of the court was delivered by This is an action against a bank for cashing plaintiff’s check without the indorsement of the payee.… The opinion of the court was delivered by The plaintiff commenced this action to enjoin the defendants from causing to be placed on the tax rolls of Leavenworth county an assessment of $6,078.65 to pay, for repaving that part of Fourth street south of Elm street to Limit street in the city of Leavenworth between the… The opinion of the court was delivered by This action was brought by Lucille Loewenstein against the Missouri State Life Insurance Company to recover upon a life insurance policy issued by the company on the life of her husband.… Burnham v. Burnham Page 124 The opinion of the court was delivered by This was an action for a divorce by Charles E.… Thurston v. Lubrite Refining Co. Page 126 The opinion of the court was delivered by The plaintiff sued to recover damages for breach of a contract of employment.… Haas v. Hassig Page 127 The opinion of the court was delivered by The action is one of mandamus, to compel the state board of medical registration and examination to issue to plaintiff a license to practice medicine and surgery in this state.… Harper v. School District No. 4 Page 128 *53The opinion of the court was delivered by The plaintiff sued to recover $136.50 or twenty-five cents per day for transporting each of four children to school.… Atlas Securities Co. v. Copeland Page 129 The opinion of the court was delivered by This is an action of replevin for the recovery of an automobile under a chattel mortgage.… White Sewing Machine Co. v. Edwards Page 129 The opinion of the court was delivered by The White Sewing Machine Company sued E.… Commerce Trust Co. v. Dern Page 131 The opinion of the court was delivered by On August 10, 1922, the Commerce Trust Company obtained a judgment against B.… Howard v. Zimmerman Page 131 The opinion, of the court was delivered by The action was one for damages resulting from the death of plaintiff’s wife, who was killed through negligent operation of an automobile in the rear seat of which defendant was riding.… Pierce v. Liberty Life Insurance Page 133 *87The opinion of the court was delivered by The plaintiff sued to recover $161.85, the first year’s premium on a $5,000 life insurance policy issued by the defendant to the plaintiff.… Warlick v. Boone Page 135 The opinion of the court was delivered by The action was one by an heir to partition real estate of Sidney Monroe Warlick, deceased, who died testate.… State v. Billings Page 136 The opinion of the court was delivered by The state brings this appeal from an adverse decision of the district court on a plea in abatement in a liquor case.… Estate of Rightmire v. Rightmire Page 138 The opinion of the court was delivered by An action was brought by Mary Rightmire to set aside her written consent to the will of her late husband, Lewis C.… Miller v. Sooy Page 140 The opinion of the court was delivered by In 1918 and 1919 E.… Burris v. Reinhardt Page 143 The opinion of the court was delivered by Alvin P.… Standard Chautauqua System v. Gift Page 145 The opinion of the court was delivered by This appeal involves the binding force of an assigned contract to conduct a five-day Chautauqua assembly at Mankato in the summer of 1924.… Reese ex rel. Reese v. Armour & Co. Page 147 The opinion of the court was delivered by The action was one for compensation for an injury to plaintiff’s right hand, received while she was operating a mangle in defendant’s plant, and resulting in permanent partial disability.… In re Egnatik Page 147 *129The opinion of the court was delivered by The petitioner was convicted in the city court of Kansas City, of violating the prohibitory liquor law, sentenced to pay a fine of $300 and costs, and to serve ninety days in jail.… Prewett v. Sholl Page 149 *159The opinion of the court was delivered by Mrs. D.… St. Louis-S. F. Ry. Co. v. Simmons Page 151 On the 14th day of March, 1923, the defendant in error, F.… Wasson v. Clymer Page 154 The only question to be decided is whether the court erred in sustaining a demurrer to plaintiff's evidence.… Engle v. City of Topeka Page 154 The occupant of a house and lot under a contract of purchase, upon which he had paid but a small amount, applied to the city for the installation of water service.… Brown v. March Page 155 Plaintiffs in error, as plaintiffs, brought an action in the district court of Jefferson county, against the defendant in error, as defendant, for the cancellation of a certain deed, executed by the plaintiffs in error to the defendant in error on the 5th day of February, 1921.… Garrett v. Abraham Page 155 This is an appeal from the district court of Creek county, from a judgment in the trial court in an action brought by plaintiffs to recover the possession of -the northeast quarter (14) of the northwest quarter (%) of section 15, township 17 north, range 11 east.… Brown v. Fox Page 157 The facts out of which this litigation arose are as follows: On the 18th day of May, 1918, the plaintiff in this case and one Lee Dugger purchased 1,440 acres of land in Mayes county, each contributing one-half of the purchase price, and by agreement of the parties to said contract the land was conveyed to said Lee… Missouri State Life Ins. Co. v. Kees Page 159 This suit was instituted in the district court of Beaver county, Okla., wherein the appellee Americus W.… Midland Oil Co. v. Ball Page 161 Plaintiff alleged in his petition that he was the owner of a breeding herd of 285 head of pure blood, registered cattle, being held and grazed in a pasture in Osage county, particularly described, of which he had been in peaceable and undisturbed possession for more than three years; that while he was in such… City of Ponca City v. Reed Page 164 This action was brought January 23, 1923, by the administrator of the estate of Roy A.… This action was instituted in the district court of Tulsa county, on the 24th day of September, 1920, by appellant, plaintiff in the trial court, against the appellee, defendant in the trial court, to recover $11,443.33 for goods, wares, merchandise and services rendered as construction engineer.… Kerr v. Parris Page 170 This was an action instituted by the defendant in error, G.… This case presents error from the district court of Carter county, Okla., and for convenience the parties will be referred to as they appeared in the court below.… Oklahoma Union Ry. Co. v. Lynch Page 176 Defendant in error, as plaintiff, brought suit against the plaintiff in error, as defendant, for damages on account of personal injuries sustained in a collision of a Ford automobile, in which he was riding with a street car of said defendant, at the intersection of Cobb avenue with the railway track in Sapulpa, Okla.… The parties hereto will be designated as they appeared in the trial court.… Burton v. Colley Page 185 This is an action in ejectment, commenced in the district court of Love county by plaintiff in error, as plaintiff below, against the defendants in error, as defendants below, to recover the possession of certain lands situated in Love county, of which the plaintiff claimed to be the owner by inheritance from her… Wiley v. Gypsy Oil Co. Page 189 The plaintiff in error was the plaintiff in the trial court; and the defendant in error was the defendant.… Green v. Coleman-Nelson Corp. Page 196 This action was commenced March 11, 1922, by plaintiff in error, as plaintiff, against defendant in error, as defendant, to recover $7,038.94 for 3,043.32 barrels of Osage crude oil delivered through plaintiff's pipe line to defendant's tanks in West Tulsa during the month of January, 1922.… Red Bank Oil Co. v. Cook Page 198 This action was brought by defendant in error as plaintiff against plaintiff in error as defendant to recover a balance claimed to be due on a drilling contract.… Roth v. Roach Page 201 On July 13, 1920, plaintiff in error, as plaintiff, filed suit in the justice of the peace court of Okmulgee district, Okmulgee county, against the defendant in error, as defendant, to recover the sum of $125.24 on account for goods, wares and merchandise sold and delivered to defendant.… Eason v. Rice Page 204 In this opinion C. T. Rice will be designated as plaintiff, William Eason as defendant, and Charley Eason as intervener.… Abraham v. Builders Material Co. Page 205 This action was instituted in the superior court of Creek county, Okla., by the defendants in error, as plaintiffs, against plaintiffs in error, as defendants, to recover the sum of $2,565, together with interest, which is alleged to be the balance due plaintiffs from defendants *Page 142 on the purchase price of a… Steiner v. Smith Page 207 On May 29, 1920, the plaintiff, J. B. Steiner, filed his petition, in the district court of Creek county, against the Colonial Amusement Company, corporation, Lew Wilder, its secretary, W.… Continental Supply Co. v. Badgett Page 209 The Continental Supply Company, a corporation, plaintiff in error, who was also plaintiff below, is a mercantile concern selling oil field equipment and supplies and has several places or branches of business, including Wichita Falls, Tex., and Walters, Okla.… Lambard-Hart Loan Co. v. Smiley Page 212 Opinion by This judgment must be reversed upon the ground that the issues were not fairly submitted to the jury.… The Lucky Leaf Oil Gas Company was the owner of an oil and gas lease which granted to the holder thereof certain oil and gas rights in and to the lands described in the lease.… The plaintiff commenced an action against the defendant to recover damages alleged to have been incurred while plaintiff’s apples were in storage in the defendant’s warehouse.… This is an action by the city of Kingfisher, a municipal corporation, and the Aetna Life Insurance Company, a corporation, as petitioners, against the State Industrial Commission and Dan S.… A contract in writing was entered into between the railway company and the defendants in the year 1900, being in substance: (1) That the defendants would furnish or provide a right of way for a railway switch to their mill plant, if the right of way was required by the railway company.… Bryan v. Ramsey Page 222 This action was commenced in the district court of Murray county by J.… Nance v. Menefee Page 224 This suit was instituted in the district court of Garvin county by the defendant in error, as plaintiff, against plaintiffs in error, as defendants, to recover the sum of $237.50, alleged damages.… Roxana Petroleum Co. v. Goldrick Page 228 This action was commenced in the district court of Tulsa county by the plaintiffs in error, Roxana Petroleum Company and Roxana Petroleum Corporation against the defendants in error to recover a certain commission alleged to have been received by the defendants at a time when they were employes of the Roxana… Myers v. Pyeatt Page 232 Opinion by This suit was commenced April 14, 1924, by 868 real estate owners of Garvin county to restrain the county treasurer from offering for sale the lands advertised by him for *17 tax resale, beginning April 21, 1924, and for certain other relief.… Dillard v. Berry Page 234 This cause presents error from the district court of Carter county.… Treese v. Spurrier Lbr. Co. Page 235 This action was instituted in the district court of Payne county by the Spurrier Lumber Company, et al., as plaintiffs, against Robert M.… Lena v. Patterson Page 238 This appeal is to reverse the judgment of the superior court of Okfuskee county, sustaining the judgment of the county court in admitting a will to probate.… Lavery v. Brigance Page 239 The plaintiff, Helen B. Lavery, brought this action against Eichenherger and Brigance, the Okmulgee Gas Company, and W.… Lamka v. City of El Reno Page 241 The appeal is brought by the plaintiff in error, plaintiff below, from the judgment of the district court of Canadian county in favor of the defendant in error, defendant below, in an action by plaintiff for damages on account of a sewer, discharged from the city onto or in proximity to plaintiff's land, amounting to… Beaty v. First Nat. Bank of Bristow Page 246 This is an appeal from the judgment of the district court of Oklahoma county, wherein the defendant in error, First National Bank of Bristow, was plaintiff and the plaintiff in error, D.… McMurray v. Pryor Page 246 J.F. McMurray prosecutes error in this court to reverse a judgment rendered in favor of W.W.… St. Louis-S. F. Ry. Co. v. State Page 248 On November 3, 1923, about 50 persons, citizens of Bushyhead, Okla., filed a complaint with the Corporation Commission praying that said Commission issue an order requiring the appellant, St. Louis-San Francisco Railway Company, to install and maintain an agent at its station in the town of Bushyhead.… City of Collinsville v. Brickey Page 249 This action was commenced in the district court of Tulsa county, Okla., by Gertrude Brickey, defendant in error, plaintiff below, against the city of Collinsville, a municipal corporation, plaintiff in error, defendant below, to recover damages for injury to her dairy business by polluting the stream running through… Huffaker v. Town of Fairfax Page 254 The town of Fairfax, a municipal corporation, by its president and board of trustees, was plaintiff in the lower court and C.… For convenience the complainant before the Corporation Commission will be referred to as plaintiff, and the respondent as defendant.… Prager's Paris Fashion v. Seidenbach Page 260 This action was instituted in the district court of Tulsa county, Okla., by the defendants in error, as plaintiffs, against the plaintiffs in error, as defendants.… Nickel v. Janda Page 264 On January 2, 1923, plaintiffs filed their action in the district court of Canadian county against the defendants, wherein plaintiff Mary J.… This suit is for goods and merchandise alleged to have been sold and delivered.… Hickman v. State Page 270 On March 5, 1921, plaintiff in error, *Page 112 Priest Hickman, here designated the defendant, was by the judgment of the district court of Carter county sentenced to the state penitentiary for a term of one year and three months, based upon a verdict of a jury finding him guilty of assault with intent to kill.… Nail v. State Page 270 For convenience and brevity the plaintiff in error will be referred to as defendant.… Barker v. State Page 274 The plaintiff in error, Joseph C. Barker, for convenience referred to herein as the defendant, was convicted of manslaughter in the first degree, for the killing of his infant son, Artemus Barker, aged about 2 years.… Epperson v. State Page 276 Plaintiff in error, Kink Epperson, was convicted in the district court of Ottawa county on an information charging that in said county, on the 6th day of October, 1923, the said defendant did unlawfully and felo-niously sell to W.… Cook v. State Page 277 The plaintiff in error, hereinafter called defendant, was convicted in the county court of Oklahoma county on a charge of having possession of intoxicating liquor with intent to sell.… Johnson v. State Page 277 For convenience and brevity, the plaintiff in error will be referred to as defendant.… Simonson v. State Page 279 Earl Simonson, plaintiff in error, herein referred to as the defendant, was convicted in the district court of Harmon county of conjoint robbery, and his punishment fixed by the jury at confinement for a term of five years in the state reformatory at Granite.… Coleman v. State Page 279 The plaintiffs in error, for convenience referred to as the defendants, were by a verdict of a jury in the county court of Blaine county found guilty of manufacturing whisky, with the punishment of each fixed at a fine of $50 and imprisonment in the county jail for 30 days.… Pruitt v. State Page 282 For brevity and convenience, the plaintiff in error will be referred to as defendant.… Davis v. State Page 283 From a conviction in the county court of Oklahoma county on a charge of having possession of whisky with intent to sell, the plaintiff in error, hereinafter called defendant, has appealed.… Drake v. State Page 284 The plaintiff in error, hereinafter called defendant, was convicted of a violation of the prohibitory liquor law.… Ex Parte Smith Page 284 In the application for the writ it is made to appear that the petitioner was convicted of three separate violations of the prohibitory law, in the county court of Carter county.… Drake v. State Page 286 The information in this case charges that Byron Drake did, in Jackson county, February 9, 1924, unlawfully transport and convey "corn whisky in the quantity of one quart, in a one-half gallon glass container, from a point about 60 feet south of the Moore Tinsley gin office in the town of Olustee" to the door of said… Zoll v. State Page 286 J. H. Zoll, plaintiff in error, defendant in the trial court, was the owner1 of an apartment house, located at 219 East Second street in Oklahoma City.… Pitman v. State Page 288 From a conviction in the county court of Muskogee county, the plaintiffs in error, hereinafter called defendants, have appealed.… Mitchell v. State Page 288 By verdict of a jury the plaintiff in error, here referred to as the defendant, was found guilty of the illegal possession of whisky, with his punishment fixed at a fine of $300 and confinement in the county jail for a period of 60 days.… Ex Parte Pope Page 290 The petitioner, James A. Pope, says he is illegally restrained of his liberty by the sheriff of Oklahoma county, upon a warrant of arrest issued by the county court of said county, charging the petitioner with having committed the offense of acting as a real estate broker without a license, in that he negotiated a… Lacy v. State Page 296 The plaintiff in error, hereinafter called defendant, was convicted in the district court of Hughes county upon a charge of forgery in the first degree, and has appealed.… City of Pocatello v. Fargo Page 297 This action was instituted by the City of Pocatello against the defendants to recover the sum of $74,335.04, with interest thereon from May 12, 1921, based upon the alleged liability of the defendants on a depositary bond which they had signed as sureties, and which bond was executed and delivered to the City of… Brady v. Place Page 314 B.W. Brady was employed as a barber by William Place, in Coeur d'Alene, for approximately two years immediately preceding March 1, 1922, During the last week in February of that year, sometime between the morning of Thursday, the 23d, and the evening of Sunday, the 26th, a sliver of wood pierced the thumb of Brady's… State v. Acosta Page 316 As malice was not shown, appellant should not be convicted of greater crime than manslaughter.… County Treasurer v. People Page 319 This action was brought on behalf of the Campbell County High School District in the county of Campbell, against Ada Reed, County Treasurer of said county, and the United States Fidelity and Guaranty Company, her surety on her official bond.… State v. Scott Page 322 This case is here on appeal and has been heard upon a motion to dismiss.… State v. Morgan Page 326 This cause has been heard upon a motion to dismiss the proceeding in error, the grounds stated being that the court was without jurisdiction of the subject matter of the proceeding for the reasons: 1.… State v. Magdalena Development Co. Page 329 OPINION OF THE COURT By the amended complaint, judgment is sought against appellant on account of taxes alleged to have been assessed against it for the years 1888 to 1919, inclusive.… Carter, State Comptroller v. Coury Page 331 On June 23, 1924, the board of county commissioners of Guadalupe county isued to R.H.… Ex Parte Magee Page 332 OPINION OF THE COURT This is an original proceeding in [1] 13CJ p.… Guadalupe Co. Com'rs v. Anaya Page 335 OPINION OF THE COURT By subchapter 8 of chapter 148, Laws 1923, the boards of county commissioners of the respective counties were constituted the county boards of education of their counties.… Roden v. Roden Page 337 This is an appeal from a decree of the superior court of Maricopa county dismissing a complaint asking for a divorce, and declaring as valid and subsisting a separation agreement entered into by the parties.… Elliott v. State Page 340 F.E. Elliott, hereinafter called the appellant, has appealed from a conviction for violation of Ordinance No. 37 enacted by the town of Somerton, Yuma county, Arizona, which reads, so far as material in this case, as follows: "It shall be unlawful for any person .… State v. Charette Page 343 The defendant was charged, by information filed in the district court of Beaverhead county, with the crime of unlawfully *Page 79 possessing whisky.… State v. Loomis Page 344 Citing: State v. Cudahy Packing Co., 33 Mont.… Plaintiffs, hereinafter called petitioners, filed their petition in this court, praying for a writ of certiorari to review the proceedings of the district court of Box Elder county in a certain action determined in that court.… Gowan-Lenning-Brown Co. v. Kingman Page 351 REVERSED AND SUIT DISMISSED. This is a suit originally commenced by a trustee in bankruptcy, operating under authority of a United States District Court in Minnesota, to set aside a conveyance made by the bankrupt alleged to be in fraud of creditors.… Kellner v. Rowe Page 353 This action was brought to cancel and set aside the assignment of a real estate mortgage which had been sold by the defendant Owen A.… Northwest Hay Association v. Slayton Page 354 Two cases were consolidated herein for trial and for appeal, it being agreed that all evidence relevant to either case should be considered as introduced in such case, but each case to stand upon its own merits.… The respondent, First National Bank of Brewster, and the appellant, Commercial Bank Trust Company, are banking corporations, the banking house of the first being at the town of Brewster, *Page 336 in Okanogan county, and that of the second at the city of Wenatchee, in Chelan county.… Seeley v. Morris Page 359 This is an appeal from a judgment of dismissal, following the sustaining of a demurrer to the fifth amended complaint and plaintiff's election to stand thereon.… Asbury v. Yakima Milling Co. Page 362 The appellant on February 26, 1923, sold to the respondent certain alfalfa hay under a written contract which reads: *Page 204 "Yakima Milling Co. "Toppenish, Wn.… This action, commenced in August, 1924, was brought by Henry Smith, Canalise Smith and H.M.… Williams v. Briley Page 370 This is an action to set aside a decree of adoption.… Harry Tribble, for a consideration paid by him, became a patient at the Columbus Sanitarium, a hospital operated by the defendant, the Missionary Sisters of the Sacred Heart, a corporation, at Seattle.… Pitcher v. Ravven Page 375 These two cases in the superior court were consolidated for trial.… Watanabe v. Ota Page 379 To the complaint of the plaintiff, Watanabe, filed in the court below, the court sustained a general demurrer, and upon the election of the plaintiff to stand on the complaint, entered a judgment dismissing the action.… Shepard v. Dye Page 381 This is an action to dispossess, under a three-days' notice for violation of the terms of a lease.… State v. Bee Hive Auto Service Co. Page 384 Two appeals are here involved, consolidated for the purposes of the hearing.… Mohr v. Johnson Page 385 Lot 18, Block 113, Railroad Addition to Spokane, as platted, is 37 feet, 3 inches wide, and Lot 17, which joins it on the west, has a platted width of 25 feet.… Kinne v. Kinne Page 388 Two appeals from two different orders growing out of divorce proceedings are very confusedly brought here from the orders of the court below.… City of Spokane v. Karlsten Page 389 The appellant was originally charged in the police court of Spokane with the violation of an ordinance relating to intoxicating liquors.… Growers' Exchange v. John A. Eck Co. Page 391 On the 7th day of September, 1923, plaintiff, a Utah corporation doing business in Salt Lake City, sold to defendant, an Illinois corporation doing business in Chicago, five carloads of United States No. 1 large Spanish onions at the agreed price of $2.75 per hundredweight f.o.b.… State v. Devot Page 395 The defendant was convicted by the verdict of a jury in the district court of Cache county of the crime of obtaining money by fraud and sentenced to serve an indeterminate term in the state prison.… Kavanagh v. the MacCabees Page 403 The plaintiff commenced this action in the district court of Salt Lake county to recover upon a benefit certificate issued by respondent upon the life of her husband, hereinafter called the deceased, for the sum of $2,000.… Nelson v. Ashton-Jenkins Co. Page 408 It is alleged in the complaint that during all the times therein mentioned the defendant Ashton-Jenkins Company, a corporation, was doing a real estate brokerage business in Salt Lake City, Utah, and that the individual defendants were agents of said corporation, and employed in its farm land department that on the… Harris v. State Page 411 The plaintiffs in error were each convicted of the crime of murder in the first degree without capital punishment and were sentenced to life imprisonment in the penitentiary.… Farm & Cattle Loan Co. v. Faulkner Page 415 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… On motion for a rehearing it has been thought best to make some changes in the original opinion so as to remove doubt as to the proper practice to be pursued in such cases as this.… Hale v. Belgrade Co., Ltd. Page 425 The complaint herein is in the usual form in an action to quiet title in plaintiffs to certain real estate described; it is therein alleged that each of the defendants claims some interest in the property adverse to plaintiffs, but that such claims are "without right." The plaintiffs were, at the time of the… Relator herein had the right to intervene in the mandamus proceeding, under section 3977, Revised Codes of 1921.… In Re the Estate of Spear Page 435 J.H. Knight, herein designated appellant, filed his petition in the superior court of Mohave county, sitting in probate, for his appointment as administrator of the estate of B.H.… Estate of Collins Page 436 The facts in this case are exactly the same as in No. 2441,ante, p.… Butler v. Rule Page 436 The plaintiff, claiming that her intestate came to her death by reason of a negligent and unskillful X-ray treatment, administered by defendant, brought this action for damages.… In re the Estate of Collins Page 436 — The facts in this case are exactly the same, as in No. 2441, ante, p.… State v. Harvey Page 440 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… In the months of May, June and July, 1921, certain individuals residing in Bingham county, Idaho, including Stroschein, the respondent herein, in the three above-entitled causes, entered into a certain written agreement termed "Idaho Grimm Alfalfa Seed *Page 15 Growers' Association Agreement," whereby the said… State v. Dunlap Page 449 Each of the defendants in the above-entitled causes was convicted under sections 1 and 2, c.… State v. Dunlap Page 449 Each of the defendants in the above-entitled causes was convicted under sections 1 and 2, c.… Hausam v. Poehler Page 449 The opinion of the court was delivered by This action grew out of a collision of two automobiles at a street intersection in Hutchinson.… Blackwood v. Blackwood Page 451 The opinion of the court was delivered by William Blackwood died intestate.… Brownlee v. Bliesner Page 453 The opinion of the court was delivered by This appeal was taken from a judgment against the plaintiff Ann Brownlee, in which she sought a recovery upon an alleged loan of $1,000 made to the defendant, Fred Bliesner, on May 26, 1913.… Peters v. Livingston Page 454 The opinion of the court was delivered by The action was one by a vendee of real estate to obtain an interpretation of his contract with the vendor, to obtain a determination of the amount due from him on the contract, and to obtain a deed.… Smith v. Hartford Fire Insurance Page 455 The opinion of the court was delivered by This was an action brought against the Hartford Fire Insurance Company for failure to complete a contract of insurance and because of the failure of the company or its agent to advise the plaintiff of the failure.… Ruland v. City of Augusta Page 456 The opinion of the court was delivered by This case involves the validity of R.… State Bank v. Byers Page 461 The opinion of the court is delivered by The plaintiff sued for the recovery of money.… Service v. Wolter Page 464 The opinion of the court was delivered by The action was one to recover for personal injuries.… Farmers State Bank v. Aubyn Page 466 The opinion of the court was delivered by This action grew out of the failure of the Farmers State Bank of Cunningham.… The opinion of the court was delivered by The plaintiff sued the railroad company and the administrator of the estate of Albert Copp for personal injuries received in a collision between a passenger train operated by the railroad company and an automobile operated as a taxicab by Albert Copp.… Duke v. Central State Bank Page 471 The opinion of the court was delivered by The action was one to enjoin the levy of an execution.… Jerald v. Houston Page 472 The opinion of the court was delivered by Plaintiff brought this action for damages against defendant for publishing an article in defendant’s newspaper, the Columbus Daily Advocate, which plaintiff alleged was untrue and malicious in certain particulars.… The opinion of the court was delivered by On the morning of March 30,1923, the Butler County State Bank, of El Dorado, was taken charge of by the state bank commissioner, and later a receiver was appointed to wind up its affairs.… Bank Savings Life Insurance v. Gann Page 478 The opinion of the court was delivered by This action was brought to foreclose plaintiff’s mortgage on some 4,000 acres of Finney county land.… Chastain v. Walton Page 479 The opinion of the court was delivered by The question presented here is whether the trial court erred in fixing the period of redemption from sheriff’s sale at six months.… Hutchinson v. Hutchinson Page 480 The opinion of the court was delivered by This is an action to quiet title to real property.… Armourdale State Bank v. Hoel Page 481 The opinion of the court was delivered by This action was brought by the Armourdale State Bank against J.… Shamlian v. Wells Page 483 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Danielian v. Wells Page 485 The plaintiff brought this action to recover from the defendants the value of the use and possession of a twenty-seven acre tract of producing vineyard land located in the county of Tulare.… Holmes v. Railroad Commission Page 486 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Eddie v. New York Life Insurance Page 501 This action was tried on a stipulation of facts to recover on a policy of life insurance issued by the defendant company to Charlotte F.… People v. Mechler Page 503 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Rivera Page 506 Defendants were convicted of the crime of manslaughter and they appeal from the judgment as well as from the order denying their motion for a new trial.… People v. Knowles Page 508 The defendant was tried and convicted on an information charging him with a violation of section 288a of the Penal Code, which defines the crime commonly known as sex perversion.… Wanee v. Thomas Page 509 On or about the fifteenth day of February, 1922, plaintiff being the owner of some 6,000 sacks of rice, agreed to sell the same to the defendants for the sum of $2.41 per hundred pounds, subject to grading, rice to be delivered f.o.b.… Young v. Flickinger Page 516 This is an action to recover damages alleged to have been sustained by plaintiff's assignor by reason of defendant's refusal to accept and pay for a carload of cocoanut meal purchased by defendant.… Coneland Water Co. v. Nickalls Page 518 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Board v. State Ex Rel. Walcott Page 522 The state will be designated as plaintiff and Mandly Board will be designated as defendant in this opinion.… Garret v. Getzendaner Page 525 The plaintiffs in error, Phillip and Stella Garret were husband and wife; they married in 1905, when Stella was only about 14 years of ago; they were Creek freedmen and, as such, each had 40 acres of land as an Indian homestead and 120 acres of surplus.… Iselin v. Farrow Page 528 This suit was instituted in the district court of Jackson county, Okla., by plaintiff in error, as plaintiff, against the defendants in error, as defendants.… Daugherty v. Preuitt Page 529 This action was commenced in the district court of Comanche county, state of Oklahoma, by Bertha Preuitt, as the administratrix of the estate of Oren S.… Wilkerson v. Devonian Oil Co. Page 531 Plaintiff in error W. F. Wilkerson, while in the employ of the Devonian Oil Company, defendant in error, received an injury for which he filed claim with the Industrial Commission, and on December 24, 1923, was granted compensation in the sum of $228.… Hopkins v. National Bank of Norman Page 532 Opinion by This suit was instituted in the district court of Cleveland county by the appellant, as plaintiff,, against the defendants, defendants in error, to recover possession of certain lands.… Luce v. City of Bristow Page 534 The plaintiff in error commenced this action in the superior court of Sapulpa to enjoin the defendant and its officers from enforcing a certain ordinance of said city, regulating the licensing of pool halls in said city.… This is an action by John Embre Perkins, as plaintiff, against the Chicago, Rock Island Pacific Railway Company, a corporation, as defendant, to recover damages sustained by the plaintiff on the 29th day of October, 1921, caused by the plaintiff, Perkins, falling into a turntable pit at Waurika, Okla., one of the… In Re Opinion of the Judges Page 539 To His Excellency, Governor of the State of Oklahoma— Sir: In response to your official communication of February 5, 1926, asking for an opinion as provided in section 2786, Comp.… Courts may look behind the cloak of corporate existence and in all cases such as this will do so, and doing so here discloses Gordon Campbell masquerading as Gordon Campbell Petroleum Company.… Dickerson v. First State Bank Page 543 Opinion by Action was brought by 'the First State Bank of Inola against E.… Brittain v. Clark Page 544 The Concord Oil Company became the owner by assignment of that part of an oil and gas lease which covered the east half of a quarter section; George W.… Tandy v. Garvey Page 546 On October 3, 1923; John Garvey, one of the defendants in error, as plaintiff, commenced this action in the district court of Woodward county against the Woodward Cotton Company, a corporation, and John Raynor, as defendants, to recover a balance due on a note in the sum of $13,314.35, with 10 per cent.… Warner v. Willard Page 550 John Willard and Florence Willard will be referred to herein as the plaintiffs, Frank M.… Roberts v. City of Sapulpa Page 553 This action was instituted in the district court of Creek county on the 19th day of April, 1924; the petition reciting that the plaintiffs are the owners of property abutting the improvement on street improvement district No. 63, the same being East McLeod avenue, from the east line of Division street to the east line… In Re Webster's Estate Page 555 This cause had its inception in the county court of Okfuskee county.… Bond v. Krugg Page 559 The defendant in error will be referred to herein as plaintiff and the plaintiff in error as defendant, as they appeared in the trial court.… Beckett v. Harris Page 561 Perryman Cudjo is named as one of the plaintiffs in error in the petition in error, but the appeal was dismissed as to him.… Poynter v. Beacon Falls Rubber Co. Page 563 On January 27, 1923, defendant in error, as plaintiff, commenced this action in the county court against the plaintiff in error, as defendant to recover on account for merchandise.… Findley v. Wilson Page 565 The parties herein will be designated as they appeared in the trial court.… Longest v. Langford Page 569 W. C. Langford, as plaintiff, commenced this action in the district court of Jefferson county for possession of certain real estate located in said county and for damages for withholding the same, against the defendant, C.… Ex Parte Dunn Page 574 The petition for writ of habeas corpus shows that in September, 1925, in the district court of Cherokee county, the petitioner was convicted of abandonment as defined in chapter 78, Session Laws 1923, and was sentenced by the court to imprisonment in the state penitentiary for a term of ten years.… Ward v. State Page 575 From a conviction in the county court of Dewey county for a misdemeanor, the plaintiff in error, hereinafter called defendant, has appealed.… Baum v. State Page 576 E.B. Baum, plaintiff in error, here referred to as the defendant, was by verdict of a jury found guilty of embezzlement, with his punishment fixed at imprisonment in the penitentiary for a term of one year and to pay a fine of $500.… Dodson v. State Page 578 Plaintiff in error, defendant in the trial court, was charged with the murder of Clarence Trammell, and found guilty of manslaughter in the first degree, with his punishment fixed at imprisonment in the penitentiary for a term of 25 years.… Johnson v. State Page 580 This cause was submitted on the record at the October, 1925, term of this court, and 10 days given to plaintiff in error in which to file brief.… Mays v. State Page 580 The plaintiff in error, Garret Mays, here referred to as the defendant, was engaged in the stock business on a large scale, near Ryan, Okla.… State v. Oschoa Page 582 That shirt found in cabin was worn by appellant and discarded after killing was merely theoretical assumption of prosecution.… Key v. State Page 582 The information charges that in Carter county, December 2, 1923, the defendant, Gus Key, did have in his possession certain intoxicating liquor, to wit, three pints of whisky, with the unlawful intent then and there to give, sell, barter, and otherwise furnish the same.… Ex Parte Anderson Page 587 Stats. 1925, c. 162, upon which complaint is based, is illegal and void because it is so conflicting as to be unintelligible.… State v. Jukich Page 590 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… WRIT DISMISSED. This is an original proceeding in this court in mandamus by which it is sought to compel the State Industrial Accident Commission to allow and pay to the claimant compensation for a wife and two children, the result of his marriage after his injury, which happened on March 1, 1921.… Borg v. Utah Construction Co. Page 600 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… State v. Haynes Page 603 REVERSED. The defendant was convicted of statutory rape in that, as stated in the indictment, he did then and there unlawfully and feloniously carnally know and have illicit sexual intercourse with a named girl, she then and there being a female child under the age of sixteen years, the said Elroy Haynes then and… Neppach v. Norval Page 605 The principles governing a resulting trust are clearly laid down and defined, so far as this state is concerned, in Parker v. Newitt, 18 Or.… Bankers' Discount Corp. v. Noe Page 610 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Yokota v. Lindsay Page 613 REVERSED. On April 3, 1922, plaintiff sold and delivered to defendants the furniture and household goods then in use in the Orderleigh Apartment House in the City of Portland, together with the goodwill of the business.… Calvary Baptist Church v. Saxton Page 616 In Banc. Plaintiff instituted this suit on May 6, 1925, to determine an adverse claim to the followin described real estate: Lots 4 and 5 in Block 1 of J.H.… State Ex Rel. Evans v. Kozer Page 621 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… L. D. Powell Co. v. Wiest Page 624 In Banc. This is a motion to dismiss an appeal and arises out of the following remarkable state of facts: On the twelfth day of July, 1920, Wiest, an attorney, entered into a contract with L.D.… Dutton v. Buckley Page 626 IN BANC. This is a suit to enforce the specific performance of a contract of agreement to buy and pay for certain real estate.… L. B. Menefee Lumber Co. v. Gamble Page 628 This is a suit in equity brought to reform an alleged contract, for a judgment on the contract as reformed, and for an order restraining the defendant from prosecuting an action at law for damages on account of an averred breach of the contract sought to be rectified.… Schulz v. People Page 632 PLAINTIFF in error, hereinafter referred to as defendant, was convicted of possessing a still, contrary to section 1, c.… Ruff v. People Page 633 delivered the opinion of the court. Plaintiff in error, hereinafter referred to as defendant, was convicted of unlawful possession of a still and sentenced to the penitentiary for a term of three to five years.… Wright v. Muehlberg Page 634 THE plaintiff below had judgment against the plaintiff in error for damages resulting from the reckless driving of an automobile, and in rendering judgment the court awarded, under section 5964, C.… Fellows v. Grand Junction Sugar Co. Page 635 FOR convenience we hereinafter refer to plaintiff in error as the assessor and defendant in error as the company.… THE defendant in error was plaintiff below and had a decree against the plaintiff in error declaring that certain of plaintiff's lands, i.e., the S.W.… Bennett v. Morrison Page 636 PLAINTIFF in error was defeated in a suit to quiet title to lots 22 and 23, block 34, Evanston Second Filing, in Denver.… Stuart v. Chaney Page 638 THIS is a bill by Murray, Chaney and Baldwin against Stuart to require the trustees, Stuart and Murray, as surviving directors of a defunct corporation, to perform their duty to dispose of the corporate properties and distribute the net proceeds, When we formerly had this case before us, we stated that this must be… This action is based upon fire insurance policies issued by the defendants.… The appellant, a corporation organized under the laws of the state of Ohio, brought this action against the respondents, H.W.… This is a companion case to that of Pappadakis v. NetherlandsFire Life Insurance Co., ante p.… Atwood v. McGrath Page 648 This is an action in equity, brought for the purpose of setting aside a certain judgment, orders and decrees in certain probate proceedings, an assignment of certificate of sale, and sheriff's deed based thereon, mortgages and deeds from the successive grantees subsequent to the execution sale and deed; and to quiet… Paccos v. Rosenthal Page 651 This is an action by the respondent Paccos against the defendant Rosenthal and the appellants Carroll to recover for the wrongful appropriation of money.… State v. Heimbigner Page 654 This criminal action was commenced before a justice of the peace in Adams county, the body of the complaint being as follows: "Adam Heimbigner then and there being did then and there wilfully and unlawfully, and by means of *Page 410 threats, force and violence, attempt to deter and prevent O.S.… Lux v. Columbian Fruit Canning Co. Page 656 The opinion of the court was delivered by The plaintiff sued to recover damages sustained by the S.… Alabam's Freight Co. v. Hunt Page 658 This is an action to test the validity of House Bill No. 227, Session Laws of 1925, generally known as the Workmen's Compensation Act.… Climax Dairy Co. v. Mulder Page 666 THIS is an action in tort by John Mulder, defendant in error, and plaintiff below, against J.… Auslender v. Boettcher Page 672 THIS is an action by Edward M. Auslender as administrator of the estate of Roy Watkins, deceased, to recover from the receivers of the Denver Salt Lake Railroad Company damages for the death of Watkins which it is alleged was caused by their failure properly to equip with a sufficient number of power brakes, and… Stotts v. Carney Page 675 THIS is an action for damages for conversion resulting from an alleged wrongful foreclosure of two certain chattel mortgages.… Conrad v. National Bank of Wray Page 676 THIS is a controversy between a senior and junior mortgagee of chattels, which, it is alleged by the senior mortgagee Conrad, were wrongfully seized and sold by the defendant bank, the junior mortgagee, in satisfaction of its mortgage debt.… Nielsen v. Hansford Page 677 THE court below directed a verdict for defendant Hansford *Page 457 in a suit by Nielsen against her for false representations in the matter of sales by her to him of certain oil stock.… First State Bank v. Becker Page 678 THE defendants in error, as plaintiffs below, brought this *Page 437 action to restrain the defendants below, plaintiffs in error here, the Bank of Sulphur Springs and the sheriff of the county, the latter a nominal defendant only, from proceeding further with an advertised sale of chattels which the defendant bank… JAMES K. KEYS and his son, Harvey Clayton Keys (16 years of age), were killed by the same accident Sarah Keys, widow and mother of the dead, made claim for herself and minor children on account of the death of the *Page 479 father, and the commission found that she and the surviving children were totally dependent on… Kelly v. Pennington Page 681 THE plaintiff Kelly brought an action in the Denver District Court against Harley L.… JUDGMENT of the district court against the board of county commissioners of Adams county on a claim of defendant in error against the county.… OPINION OF THE COURT This case involves the construction of the Conservancy Act; the same being chapter 140 *Page 190 of the Session Laws of the State of New Mexico for the year 1923, entitled: "An act to provide for the organization of conservancy districts for the purpose of co-operating with the government of the… State v. Randolph Page 697 Express malice was not proved. If malice can be implied, killing is murder; if not, manslaughter.… This is an application for a writ of prohibition to restrain the respondents from proceeding with the trial of a civil action which purports to be pending before the respondent court.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Plaintiff, a distributor of photo-plays, entered into a contract with defendant, an exhibitor of such plays, whereby plaintiff agreed to deliver to defendant the films of six certain photo-plays to be thereafter produced, *Page 696 and to license defendant to exhibit each of them in turn for a period of one week, and… Neher v. Kauffman Page 713 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Martin v. Holm Page 718 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… May v. Hunt, Hatch & Co. Page 735 The trial court awarded a judgment against the defendant corporation based on a breach of contract to deliver four carloads of grapes which the plaintiff alleged he had bought from the defendant.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Scouten v. Harding Page 739 This is an appeal from a judgment of nonsuit in an action brought by plaintiff to recover the contract price of certain labor performed and material furnished by him in fumigating an orange orchard *383 owned by the defendant Hannah F.… In Re O'Connell Page 741 The petitioner, Daniel O'Connell, by virtue of a writ of injunction issued in a divorce proceeding to which he was a party, was ordered excluded, during the pendency of said action, from the dwelling-house theretofore occupied by him with his wife under the marital relation, and, for violating said injunction, was… Davis v. Young Page 743 Plaintiff began this action in claim and delivery to recover possession of a certain Dodge truck.… Fletcher v. Lloyd Page 746 The plaintiff commenced an action against the defendants to recover a judgment compensating her for personal injuries sustained in an automobile accident.… Old Homestead Bakery, Inc. v. Marsh Page 749 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Douglas v. Pension Board Page 756 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Tyer v. Caldwell Page 760 The defendant in error, W. E. Caldwell, hereafter referred to as the plaintiff, commenced this action in the lower court against the plaintiff in error, Shelton W.… This was an action by H. M. Durham against the Muskogee Electric Traction Company, a corporation, for damages resulting from an injury in which the plaintiff's leg was broken, caused by an accident on February 19, 1921, at the intersection of the Jefferson Highway, a public road, with the street railway of the… Brandon v. Permutit Co. Page 763 George W. Brandon and C. J. Davidson, doing business under the name of Liberty Boiler Engineering Company, commenced this action against the Truelock Ice Company to foreclose a lien for labor and material furnished in the repairing of certain machinery of said defendant.… Thomas v. Ford Motor Co. Page 765 Guy Turner prosecutes this proceeding for a review of an order of the State Industrial Commission made on May 27, 1925, denying an award of compensation to him as claimant.… Beatty v. Beatty Page 766 This case presents error from the district court of Lincoln county.… Blyeth v. Campbell Page 770 E. A. Cook sued Kate D. Campbell to recover on five promissory notes which were a part of a balance of 15 notes of $100 each, given as part consideration for two lots, said notes being secured by a mortgage on said lots in the city of Henryetta, purchased by Kate D.… Conard v. Darnell Page 772 This action was commenced in the district court of Wagoner county, Okla., by William Hugh Darnell and Mayme Darnell against A.… This action is a consolidation of two original actions instituted for the purpose of declaring on mechanics' liens of equal priority against the Victory Metal Company's zinc smelter property located at Henryetta, Okla.… Kearns v. State Page 777 Abe Kearns was found guilty in the county court of Blaine county of the sale of intoxicating liquor, with his punishment fixed by the jury at a fine of $150 and imprisonment for 60 days.… Mitchell v. State Page 777 Under an information charging that in Harmon county, May 15, 1924, Oscar Mitchell and Earl Mitchell did have in their possession certain intoxicating liquor, to wit, about five gallons of choc and mash, which contained more than one-half of 1 per cent, of alcohol, measured by volume, and capable of being used as a… McCafferty v. State Page 778 Francis McCafferty, plaintiff in error, by verdict of a jury was found guilty of the illegal possession of corn whisky, with his punishment assessed at a fine of $50 and confinement in jail for SO days.… Rose v. State Page 778 The plaintiff in error, hereinafter called defendant, was charged in the county court of *92 Atoka county of having possession of whisky with the intent to sell.… Wasson v. State Page 779 Paul D. Wasson, plaintiff in error, defendant in the trial court, was convicted of the illegal transportation of whisky, with his punishment assessed at a fine of $400 and confinement in the county jail for a period of 5 months.… Seaba v. State Page 779 This is an appeal by transcript from the judgment of the district court of Kay county, wherein plaintiff in error was convicted upon a charge of burglary in the second degree, and his punishment assessed at a term of five years in the penitentiary.… Ex Parte Rogers Page 781 The petitioner, Mrs. Nan Rogers, was held on a rendition warrant issued by the Governor of this state, predicated upon a requisition from the state of Florida, showing or tending to show that the petitioner is a fugitive from justice from the state of Florida, seeking asylum in this state.… Heishman v. Hope Page 782 delivered the opinion of the court. This is an action in replevin, brought by Dell Hope, to recover the possession of an automobile from B.… De Arman v. State Page 783 Plaintiff in error, defendant below, was charged, tried, and convicted of maiming another, with his punishment assessed by the court at confinement in the penitentiary for a term of two years.… Webb v. State Page 784 This was a conviction for the illegal transportation of corn whisky, with the punishment of plaintiff in error fixed by the jury at a fine of $50 and confinement in the county jail for a period of 60 days.… Cox v. St. Anthony Bank & Trust Co. Page 785 Plaintiff, appellant, brought this action against the St. Anthony Bank and Trust Company, an insolvent bank, and the state commissioner of finance, to compel classification of a claim against the bank under Sess.… State v. Wilson Page 787 The foregoing opinion was prepared by the late Chief Justice Dunn a short time prior to his death.… Appellant and respondent company on June 28, 1916, entered into a written contract wherein the respondent contracted to build, maintain and operate a flume along Benewah Creek, to be used for the transportation of sawlogs owned by homesteaders in Benewah Valley.… Portland Cattle Loan Co. v. Gemmell Page 798 The respondent Portland Cattle Loan Company, hereinafter referred to as plaintiff, brought this action against David Gemmell, Agnes Gemmell, his wife, and E.… State v. Bemis Page 802 The case is here on direct appeal for the review of a judgment upon appellant's conviction of the crime of embezzlement.… Lampitt v. State Page 812 Albert Lampitt, the plaintiff in error, hereinafter referred to as the defendant, was convicted by a jury of murder in the first degree without capital punishment, for causing the death of one Harry Foight.… In Re Estate of Neil Page 820 In Banc. MODIFIED. This is an appeal from a decree of the Circuit Court affirming an order of the County Court disallowing certain items in an executor's final account in the administration of the estate of James Neil, deceased.… Dodson v. City of Bend Page 821 In Banc. This is an appeal from the judgment in favor of the plaintiff against the defendant City for damages Costs, 15 C.J., p.… Subrogation right of surety as affected by fact that he received consideration for becoming surety, see notes in Ann.Cas.… This is an action by plaintiff to recover from defendant the sum of $1,762.88, alleged to be the reasonable value of 44,036 pounds of loganberries sold and delivered by the plaintiff to the defendant during the months of July and August, 1922.… The facts in this case and the law governing it are identical with the facts and principles announced and followed in the case of Fidelity Deposit Company of Maryland v. Bramwell, ante, p.… Lupton v. Bangs Page 830 Plaintiff appeals from a judgment of nonsuit given at the trial on motion of the defendant, upon the ground that plaintiff had failed to prove a cause sufficient to be submitted to the jury.… Addison v. Addison Page 832 In Banc. In April, 1920, the plaintiff obtained a decree of divorce from defendant and was awarded the custody *Page 81 of her daughter, June, who at that time was 12 years of age.… Eade v. First Nat. Bank of Condon Page 833 In Banc. This is an action to recover damages for conversion of personal property alleged to have been included in two chattel mortgages owned by plaintiffs.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Smith v. Rose Page 842 In Banc. This is a motion to dismiss an appeal attempted to be taken by the plaintiff in this case.… Kollock v. Barnard Page 847 IN BANC. This is an original proceeding in mandamus to compel the directors of Ochoco Irrigation District, a municipal corporation, to make, equalize and apportion an assessment, and levy against all of the lands in the district sufficient to pay the whole amount of money necessary to be raised by said district for… Stewart v. Stewart Page 852 This is a suit for divorce, grounded upon subdivision 5, Section 507, Or.… Fontenot v. White Page 854 Plaintiffs allege they are man and wife, and that Florence Fontenot is a citizen of the Creek Nation, duly enrolled as such, and was allotted certain lands in the Creek Nation, and defendants White, Casteel, and Thompson conspired with one Joe Howard, Fannie Acey, a woman by the name of "James," and two persons, to… This case arose in a proceeding before the county treasurer of Muskogee county wherein the treasurer, upon information furnished by a tax ferret and under the provisions of section 9798, Comp.… Hamilton, Co. v. Exchange Nat. Bank Page 860 This is a companion case to case No. 13247, entitled Fred Hamilton, County Treasurer of Muskogee County, Oklahoma, and W.… Hynds v. First State Bank Page 861 This action was instituted in the district court of Pontotoc county by the defendant in error, as plaintiff, against the plaintiffs in error, as defendants, and was a replevin action for the purpose of recovering possession of certain storehouse fixtures of the alleged value of $630, which plaintiff alleged it had a… Lowrance v. State Page 862 The information in this case, filed in the district court of Latimer county July 19, 1923, in substance charged that, in said county, on or about the 28th day of April, 1923, B.W.… Mayweather v. State Page 864 — The appellant, John May-weather, was convicted of the crime of murder in the second degree and given a prison sentence “of not less than ten years nor more than his natural life.” He appeals from this judgment, and has brought to this court the papers in the cáse and a transcript of the evidence, but has filed no… Maxey v. Johnson Page 866 Charles J. Johnson sued James H. Maxey for services rendered in railroad grading work.… Strode v. Wende Page 868 J.W. Strode, hereinafter called appellant, and G.H.… Arizona Eastern R.R. Co. v. State Page 870 This is an action by the state of Arizona against the Arizona Eastern Railroad Company, a corporation, hereinafter called defendant, based on an alleged violation of what is commonly called the "Full Crew Law," which is found in paragraphs 2171-2179, inclusive, Civil Code, Revised Statutes of Arizona of 1913.… Clark v. Baen Page 872 The complaint alleges that the defendants are indebted to the plaintiff in the sum of $435.50 for "lumber lath sold and delivered" to them by plaintiff.… Filarski v. Covey Page 874 This action was brought by the plaintiff against the defendant C.H.… People v. Dasey Page 876 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… The plaintiff commenced an action against the defendant to compel it to transfer on its books certain shares of stock.… Federoff v. Birks Bros. Page 881 Action to recover balance of $950 alleged to be due upon a promissory note executed and delivered for the sum of $1,620, by the Birks Bros., to the defendant H.B.… Federoff v. Birks Bros. Page 885 This is an appeal from an order taxing costs.… Paiva v. California Door Co. Page 887 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Wallace v. Regents of University Page 892 Application for a peremptory writ of mandate compelling respondents to admit petitioner to enter himself as a student at large in respondent corporation.… Blain v. Burge Page 894 Plaintiff sued on a judgment which had been rendered in his favor and against the same defendant in the state of Texas.… Natoli v. Davis Page 895 Action by plaintiff to recover damages for injury to grapes in transit while the carriers on which the grapes were shipped were under government control.… Petitioners herein, being the wife and surviving children of one Roy T.… Moore v. Burton Page 902 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Anderson Page 906 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Grisso v. Board of Medical Examiners Page 912 This is an appeal by the plaintiff from a judgment in favor of defendant entered upon an order sustaining a general and special demurrer to an amended petition for writ of review.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Morgan Clark v. Millsap Page 918 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Pedro v. Potter Page 926 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Wood v. Longyear Page 932 This appeal is by the defendant and cross-complainant, E.J.… De Recat Corp. v. Dunn Page 936 This appeal is from a judgment herein in favor of the plaintiff and against the defendant and appellant B.J.… Estate of Morrison Page 939 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Nelson v. Jorgenson Page 945 It is alleged in the complaint in this action that on the 15th day of October, 1914, plaintiff, Edward C.… Stewart v. Stewart Page 947 This is an appeal from an interlocutory decree of divorce, entered by the district court of Salt Lake county in favor *Page 368 of the plaintiff.… Stewart v. Stewart Page 947 This is an appeal from an interlocutory decree of divorce, entered by the district court of Salt Lake county in favor *368of the plaintiff.… Forbes v. Butler Page 950 The complaint, in substance, alleges that in October, 1922, plaintiff and defendant Butler, hereinafter called Butler, entered into a joint venture for the disposal of a certain option which Butler held for the sale of 11,040 acres of land situated in Iron county, Utah.… Forbes v. Butler Page 950 The complaint, in substance, alleges that in October, 1922, plaintiff and defendant Butler, hereinafter called Butler, entered into a joint venture for the disposal of a certain option which Butler held for the sale of 11,040 acres of land situated in Iron county, Utah.… The complaint in this action states four causes of action, each of which is based upon a lease executed by the plaintiff to the defendant milling company, covering personal property consisting of mining machinery, at a stipulated monthly rental.… On September 2, 1924, W.A. Bruckert and Ella Bruckert filed in the district court of Carbon county their joint application for the adoption of James Reed Thompson, a *Page 149 minor.… Old National Bank v. Lewis County Page 961 The county of Lewis entered into a contract with one Graves by the terms of which the latter agreed to furnish all of the necessary labor and material, and construct a bridge for the county.… This is a law action, brought upon an acceptance of an order for the payment of money, tried to the court without a jury upon issues of fact.… On and prior to June 30, 1924, there was in use by the public a wooden trestle bridge or viaduct, crossing a valley in a diagonal direction, from Fifteenth avenue west to Thorndyke avenue in Seattle, commonly known as the West Wheeler street bridge.… State Ex Rel. Biddinger v. Griffiths Page 969 This is an application for writ of mandamus directed to the Honorable Austin E.… Brennan-Tucker Motor Co. v. Tucker Page 970 THESE parties appeared in reverse order in the trial court and we hereinafter refer to them as there.… Tatarsky v. Smith Page 971 HYMAN TATARSKY, a minor, by Max Tatarsky (his *Page 492 father) as next friend, brought this action against Jack Smith to recover from him damages for injuries sustained by the plaintiff Hyman as the result of a collision between the father's automobile, which the plaintiff was then driving, and the defendant's car on… Tatarsky v. De Vere Page 973 1. Motion for Leave to File Bill of Exceptions.… Hawkins v. Hershey Page 975 THIS is a suit for an injunction in which the plaintiff, George B.… Tatarsky v. Smith Page 975 delivered the opinion of the court. In this action, No. 11342 on the docket of this court, the-defendant Jack Smith, defendant in error here, on his counterclaim recovered a judgment against Hyman Tatar-sky, plaintiff below, plaintiff in error here, for damages to his automobile caused by a collision of automobiles.… Plaintiff, Chicago, Milwaukee St. Paul Railway Company, brought its action to enjoin appellant, Cardwell, from tying up or anchoring a house-boat, owned by him, in front of plaintiff's wharf or platform, maintained by it in and upon the shores of Coeur d'Alene Lake, The house-boat was then so tied and anchored.… Holt v. Mickelson Page 977 Action instituted by appellant to recover on a note given by respondent's decedent during his lifetime.… Henderson v. School District No. 44 Page 979 The requisites of a de facto municipal corporation are: 1.… Jeremiassen v. Waldsburger Page 982 THIS cause is here upon writ of error to review an order of the county court of the City and County of Denver disallowing a claim against the estate of Inger Mary Waldsburger, deceased.… American Surety Co. v. Morris Page 983 ACTION by Morris and others, acting as the Executive Committee of Colorado State Grange, suing for its members against Scruggs as principal and the American Surety Company as surety on a fidelity insurance bond.… Davis v. Colorado Savings Bank Page 985 MINNIE DAVIS, et al., plaintiffs in error, sued the Colorado Savings Bank, defendant in error, for alleged negligence resulting in the death of Anna M.… THE district court affirmed the commission's second award which increased the allowance from 139 to 208 weeks.… THIS action was brought by defendant in error against plaintiff in error.… Davis v. People Ex Rel. Hyder Page 995 UPON the relation of Annie P. Hyder the district court granted peremptory mandamus against Davis, auditor of the state, requiring him to issue to her warrants for salary as assistant librarian of the state of Colorado, the duties of which employment she had performed.… THIS is a petition for writ of prohibition to restrain the Denver district court from proceeding in an action brought by the city of Denver to condemn lands in Jefferson county for park purposes.… Alley v. Tovey Page 999 ALLEY and Mrs. Foster, plaintiffs in error, were defendants in the trial court.… THE defendant in error brought suit and obtained a decree to quiet its title to a right of way through the land of Neville and to define the scope and extent thereof.… Town of Flagstaff v. Gomez Page 1003 Victor Gomez, hereinafter called appellee, brought suit in the superior court of Coconino county against the Town of Flagstaff, and joined William D.… Stapley v. Stapley Page 1005 Robert N. Stapley, hereinafter called defendant, was engaged in the sheet-metal, *Page 490 plumbing and bicycle business in Mesa, Arizona.… Our attention being called to some inaccuracies of statement, and an entire omission to pass upon appellees' cross-assignments, this opinion and decision is in lieu of the former one.… — In its motion for rehearing the United Verde Copper Company, appellee, insists that the former opinion of this court sets aside and utterly disregards the Water Code of Arizona, which is found at chapter 164, page 278 and following, Session Laws of 1919, and the amendments thereto, being’ chapter 64 of the Session… Savage v. Western Union Telegraph Co. Page 1015 The opinion of the court was delivered by The action was one for damages for failure to deliver a telegram.… State v. Colopy Page 1016 The opinion of the court was delivered by Charles Colopy appeals from a conviction of violating the intoxicating liquor law after having been convicted of a like offense.… The opinion of the court was delivered by This was an action by a taxpayer to enjoin the school board from proceeding with the construction of a rural high-school building on a certain site at Spring Hill.… Ariett v. Osage County Bank Page 1018 The opinion of the court was delivered by The appeal was taken from a judgment of the district court holding that certain transactions effected a gift inter vivos of liberty bonds.… Hogg v. Whitham Page 1021 The opinion of the court was delivered by The action was one to quiet title to real estate.… Underwood v. Sharp Page 1021 The opinion of the court was delivered by These actions grew out of an exchange of Underwood’s farm for Sharp’s house and lot in the city of Topeka.… State v. Flagg Page 1023 This is an appeal by the state from a judgment for the defendant on a demurrer to an information, the charging part of which reads as follows: "The said R.P.… Henschel v. Sutton Page 1024 The opinion of the court was delivered by Plaintiff sued to recover a commission for a sale of defendant’s property, with the result that a verdict and judgment went for defendant.… The judgment of the lower court in this cause was in favor of the plaintiff.… Hopkins v. City National Bank of Duncan Page 1030 Motion for a new trial was overruled on the 2nd day of April, 1925, and 90 days given from date in which to serve case-made, which expired on the 1st day of July, 1925, and on this day 30 days additional time was granted, which expired on the 31st day of July, 1925.… The parties hereto will be designated as they appeared in the trial court.… Burnett v. Grubbs Page 1035 Plaintiff alleges he purchased an individual one-half interest in a certain oil and gas lease, and for the purpose of securing sufficient money to pay the purchase price of $2,000, plaintiff sold certain interests in the lease to several different parties and delivered the checks and other moneys received from such… In Re Pitts' Guardianship Page 1036 The Citizens Trust Company, defendant in error, is the record guardian under an appointment of the county court of Osage county, of Irene and Anna Pitts, full-blood Osage orphan minor Indian.… State Ex Rel. Mothersead v. Wilson Page 1039 Suit was brought by the Central State Bank of Muskogee as mortgagee for possession of an automobile for the purpose of foreclosing its mortgage.… Tinker v. Scharnhorst Page 1041 This cause is before us on motion of the defendant in error to dismiss the appeal.… Bilby v. Williams Page 1041 The parties will be designated as they appeared in the trial court.… Van Fleet v. State Industrial Commission Page 1042 Opinion by The State Industrial Commission, on motion of respondents and insurance carrier, ordered discontinuance of compensation to the petitioner, Carl Van Fleet, as of September 13, 1924.… Archerd v. Ware Page 1043 On November 9, 1914, Henry Gail Archerd, by his guardian, commenced his action in the justice court against the defendants, Phillip Ware, Louis Fulmore and Henry Carter, to recover the sum of $200 rents for the year 1914 on certain premises described, and for a landlord's attachment.… This action was commenced in the district court of Washington county, Okla., by the Salem Trading Finance Company, Inc., defendant in error, plaintiff below, against the Roy L.… Barnes v. Aggas Page 1046 The sole question presented by this appeal is: "May an unverified mechanic's or materialman's lien statement, filed within the statutory period, be verified after the expiration of the statutory time limit, so as to impart validity thereto?" The trial court answered the question in the affirmative and gave judgment in… Brown v. Harmon Page 1047 This suit was commenced in the district court of Carter county May 30, 1918, by I.… J. B. Colt Co. v. Thompson Page 1047 This action was commenced by the plaintiff in error, J.… Rennie v. Oklahoma Farm Mortgage Co. Page 1050 This suit was commenced in the district court of Garvin county by defendant in error, against plaintiffs in error March 9, 1920.… Woodall v. State Page 1052 The plaintiff in error was tried and convicted upon an information which charges that in Le Flore county, July 11, 1925, "H.L.… Turner v. State Page 1053 This appeal is from a judgment of conviction for the offense of discharging a firearm in a public place as defined by Penal Code (section 2025, C.S.… Tanner v. State Page 1054 Plaintiff in error, Dr. R. S. Tanner, was tried and convicted on an information charging that on or about the 8th day of July, 1921, he did unlawfully, fraudulently, and feloniously obtain property, to wit: Drugs and money of the total value of $7.30 from the City Drug Store, Strong City, by means and use of a certain… Wofford v. State Page 1055 Hence Wofford, plaintiff in error, for convenience referred to as the defendant, was by verdict of a jury found guilty of manufacturing whisky.… Appelget v. State Page 1056 The plaintiff in error, hereinafter called defendant, was indicted by a grand jury upon a charge of diverting the funds of the Bank of Goltry, of which he was the president and managing officer, and thereby reducing the value of the assets of said bank, with the intent to accomplish!… Wilkie v. State Page 1057 For brevity and convenience, the plaintiff in error will be referred to as defendant.… Doughty v. State Page 1059 The plaintiff in error, here designated the defendant, was by verdict of a jury found guilty of seduction under a promise of marriage; the jury failing to assess the punishment.… Loudermilk v. State Page 1060 Plaintiff in error, Charles Loudermilk, 'was charged with statutory rape, alleged to have been com’mitted on the 4th day of July, 1923, by having sexual intercourse with ¡Sybil Taylor, a female under the age of 16 years, to wit, 14 years, and not his wife.… Tayrien v. State Page 1061 The information in this case charges that in Washington county, June 18, 1923, W.J.… Best v. State Page 1063 The information in this case was filed in the district court of McIntosh county on the 30th day of September, 1923, charging appellant, Bert Best, with the murder of William N.… Brown v. State Page 1065 The information, filed in the district court of Muskogee county, January 15, 1924, charges that John H.… People v. Swoape Page 1067 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Burkett Page 1073 The complaint alleges that the defendant Park Hotel Company is the owner of a certain described building; that a designated part of the building "is and for many months prior to the filing of this complaint has been used for the purpose of unlawfully selling, serving, keeping, storing and giving away intoxicating… People v. De Long Page 1074 MEMORANDUM CASES. THE COURT. This is an appeal from a judgment of dismissal entered upon the sustaining of a demurrer to the complaint.… People v. MacY Page 1074 THE COURT. This is an appeal from a judgment of dismissal entered upon the sustaining of demurrers to the complaint.… King v. Tarabino Page 1075 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Main Page 1078 The defendant and appellant was charged by indictment in the county of Los Angeles with having violated the Corporate Securities Act.… Saddler v. California Bank Page 1085 On or before February 19, 1921, the plaintiff had in the defendant bank an interest-bearing account, known as a special ordinary account, subject to check.… People v. Magni Page 1088 This is an appeal by the defendant from a judgment of conviction of a felony, to wit, assault with a deadly weapon with intent to commit murder.… Eastman v. Means Page 1089 An action to recover damages for injuries which, according to the findings of the trial court, were wilfully inflicted by appellant upon respondent, the latter being a minor.… Rudd v. Means Page 1089 Action for damages for personal injuries.… McCormick v. Index Stages, Inc. Page 1090 The plaintiffs, Mrs. McCormick and husband, seek recovery of damages from the defendants, Index Stages and Insurance Exchange, for personal injuries suffered by Mrs. McCormick, as it is *Page 508 claimed, caused by the negligent operation of one of the stages operated by the defendant, Index Stages, while she was a… MACKINTOSH and HOLCOMB, JJ., dissent in part.… Bone v. Yellow Cab Co. Page 1093 By this action, the plaintiff sought recovery for personal injuries, claimed to be due to negligence chargeable to the defendant.… In Re Vaughn's Estate Page 1094 David Vaughn died on December 8, 1924, in and a resident of Walla Walla county, leaving surviving him his wife, Gwen Vaughn, but no descendant.… Miller v. St. Clair Lumber Co. Page 1096 In this receivership proceeding, the court held that the description and signatures in two conditional sale contracts were sufficient, and the appellants, who are creditors, are appealing from that decision.… Farley v. Fidelity Rent & Collection Co. Page 1097 The complaint charges that the appellant was acting as the respondent's agent in caring for certain properties, collection of rents therefrom and making disbursements in relation thereto, and that there was due and owing to the respondent, on account of rent and moneys collected as her agent, over and above the… Geitner v. Stephenson Page 1099 The plaintiff brought this action to recover damages which a Ford truck owned by him sustained when it collided with an automobile owned by the defendant.… Barr v. Lloyd Company Page 1100 This action was tried to the court without a jury.… Blacken v. Everett Bottling Works Page 1102 The plaintiff, Blacken, seeks recovery of damages, claimed as the result of a breach of a contract made by him with the defendant Bottling Works, in that it refused to let him proceed with the construction of a building for it, as agreed between them, by which he would have earned approximately $1,600.… Tollefson v. Solie Page 1103 The defendant Solie had two contracts, one for the building of a church at Monroe, the other for the building of a church at Edmonds.… Webber v. Pacific Power & Light Co. Page 1104 The plaintiffs, Webber and wife, seek recovery of damages from the defendant company, suffered, as it is claimed, by Mrs. Webber becoming sick with typhoid fever from the use in their home in Pasco of typhoid.bacteria-infected water furnished by the defendant, it being engaged in furnishing water for domestic purposes… State Ex Rel. Ament v. Superior Court Page 1106 This is an original application for a writ of review, to effect a supersedeas on appeal from an order dissolving a restraining order and injunction and dismissing the action in the lower court for a perpetual mandatory and preventive injunction.… Wilson v. McLogan, Inc. Page 1111 The plaintiff is a sign-painter who, from March to September, 1921, worked for defendant, a corporation engaged in the business of making signs.… Sitton v. Peyree Page 1112 Rehearing denied January 26, 1926. ON PETITION FOR REHEARING.… Fitzpatrick v. Sletten Page 1114 This action was instituted by the plaintiff to recover damages from the defendants resulting from alleged false representations which induced the plaintiff to purchase an interest in the Scandia Card and Soft Drink Room, 266 Burnside Street, Portland, Oregon.… State v. Albert Page 1116 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Merhar v. Powers Page 1118 Respondent’s motion to dismiss the appeal from the judgment in the above-entitled cause is granted and the appeal is dismissed. State v. Dorris Page 1118 Pursuant to praecipe of counsel for appellant, it is ordered that the appeal in the above-entitled cause be, and the same is hereby, dismissed. Carter v. State Page 1119 Plaintiff in error was convicted of maintaining a public nuisance, by keeping a place where intoxicating liquor was kept and sold, with his punishment fixed at a fine of $50 and confinement in jail for 30 days.… Decided February 11, 1925. Relator's application for writ of prohibition herein, is denied. State Ex Rel. Lang v. District Court Page 1119 Decided March 10, 1925. Relator's application for writ of certiorari is, after due consideration by the court, denied. Decided February 11, 1925. The application of relatrix for a writ of certiorari is denied. State v. Garvey Page 1119 Pursuant to praecipe of appellant, it is ordered that the appeal in the above-entitled cause be dismissed. State Ex Rel. Dahlgren v. District Court Page 1119 The relator’s application for writ of prohibition is, after due consideration by the court, denied. People and organizations on PlainSite with a photograph on file, alphabetically. A
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