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Washington D.C. | Guam | Northern Marinara Islands | Puerto Rico | U.S. Virgin Islands The hundred cases PlainSite readers opened most in the past 30 days. 2
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344);
4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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8
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.
9
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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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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19
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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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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37
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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40
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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46
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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47
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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52
56
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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64
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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66
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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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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A woman proceeding under the pseudonym Jane Doe filed this lawsuit in June 2016 in the Southern District of New York against Donald J. Trump and Jeffrey Epstein, alleging that she had been sexually assaulted by both men at a series of parties hosted by Epstein at his Manhattan townhouse in 1994, when the plaintiff was 13 years old. The complaint alleged rape, sexual misconduct, criminal sexual acts, sexual abuse, forcible touching, assault, battery, intentional infliction of emotional distress, false imprisonment, and defamation. It described a pattern of abuse over multiple encounters that the plaintiff alleged was facilitated by an unnamed woman who recruited her with promises of money and modeling work.
The case attracted significant media attention given the identities of the defendants and the gravity of the allegations. A companion affidavit filed with the complaint included similar allegations from a second anonymous woman who claimed to have witnessed some of the events. The plaintiff voluntarily dismissed the case in November 2016, with her attorney citing fear for her safety and the psychological toll of the publicity as the reasons for withdrawal. The dismissal was without prejudice, leaving open the possibility of refiling, though no subsequent federal action was recorded.
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84
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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87
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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92
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
Gary Brustein was charged by misdemeanor information in October 2010 in the Southern District of New York with one count of unlawful possession of a controlled substance. The information alleged that Brustein, acting in the course of his professional practice, possessed a quantity of methaqualone — a sedative hypnotic drug commonly known as Quaaludes — without a valid prescription or other legal authorization. The charge was brought as a misdemeanor under the Controlled Substances Act rather than a felony, suggesting Brustein's possession was treated as an unlawful personal possession rather than distribution. The case was prosecuted in an era when methaqualone had been effectively eliminated from the legal pharmaceutical market in the United States for decades.
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100
Think Computer Corporation, creator of the FaceCash mobile payment system, is suing its competitors in the payments space and their venture capital investors over their intentional failure to properly comply with federal and state laws concerning money transmission licenses.
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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
Cases by the year they were filed, back to the first federal dockets of the 1790s. 2020s
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All reporters › p › Volume 258 Opinions in p, volume 258
This action was commenced in the superior court for Thurston county, the appellant making application for a writ of mandate to require the respondent to permit improvements upon certain of the harbor area situated in front of the city of Bellingham, so as to allow the construction and operation of a pulp and paper… Hamilton v. Norris Page 4 This action was brought to compel the specific performance by appellants of a contract for the sale of four lots in West Seattle, according to the terms of an earnest money receipt and agreement.… In this action it is sought to have the respondents return to the state highway committee certain unopened bids for highway work and certain records of the committee.… Rosenthal v. Moses Page 7 The plaintiff, Rosenthal, seeks foreclosure of his claimed landlord's lien for rent of his storeroom, upon certain goods and store fixtures kept therein, as against his tenant, Phoenix Department Store, a corporation, and the defendant, Moses, the department store's mortgagee of the goods and fixtures.… The relator was granted an interlocutory decree of divorce on the 8th day of October, 1925.… McDonald v. McDonald Page 10 The appellant Patrick McDonald and the respondent Mary McDonald were formerly husband and wife.… State v. Carlson Page 12 The appellant was convicted of maintaining a joint at 238 1/2 Main avenue, Spokane, Washington.… State v. Brunn Page 13 Appellant was charged by information with the crime of forgery in the first degree.… State v. Strom Page 15 Defendant, an adult, was convicted of the crime of contributing to the delinquency of a female child.… State v. McGonigle Page 16 This is an appeal by the state from an order and judgment dismissing a prosecution, under § 7, Laws of Extraordinary Session of 1925, p.… State v. Arnold Page 20 Appellant was charged, in one information by separate counts, with the crime of assault with intent to commit rape and with forcible rape.… State v. Mavros Page 21 Appellant Mavros appeals from a conviction of being a jointist and a sentence to the penitentiary.… State v. Ward Page 22 The defendants were charged with grand' larceny, and upon conviction were sentenced to the state penitentiary.… State v. Adams Page 23 Lytle S. Adams was charged by information with the crime of grand larceny, was found *Page 364 guilty by a jury, and has appealed from a judgment and sentence on the verdict.… State v. Nelson Page 24 Appellants appeal from a conviction upon a charge of opening up, conducting and maintaining a place for the unlawful sale of intoxicating liquors.… Demase v. Nemitz Page 25 The plaintiff Demase seeks recovery of damages for personal injuries suffered by him as the *Page 405 result of the alleged negligent driving of an automobile owned by, and being driven for, the community consisting of the defendants Nemitz and wife.… Relator applies in this court for a peremptory writ either of mandamus or of prohibition, directed to the superior court of the state of Washington for Snohomish county, and Bell, judge thereof, whereby that court be commanded to enter an order suspending all further proceedings in a certain cause *Page 352 pending… State v. Costello Page 29 The defendant was charged with taking an automobile without the consent of the owner, and, upon conviction, was sentenced to a term of not less than five years in the state penitentiary.… Conway v. Sunset Motor Co. Page 31 The plaintiffs Conway and wife commenced this action in the superior court for King county, seeking recovery of an automobile from the defendant motor company.… The appellant, being the holder of a certificate of public convenience and necessity, by virtue of which it is transporting freight between Spokane and Hunters, sought in this action to enjoin the respondent from unlawful competition.… State v. Roberts Page 32 The defendant was convicted of the crime of burglary, and upon sentence therefor appeals, urging a single assignment of error.… In November, 1925, respondent was the owner of a certain automobile, and though a resident of Yakima, Washington, was then temporarily in Seattle with his car.… Smith v. Bissig Page 34 This is an action for damages resulting from personal injuries to appellant, a pedestrian, struck, by an automobile in the streets of the town of Enumclaw.… Fidelity & Deposit Co. v. Clark Page 35 The Fidelity Deposit Company of Maryland, a corporation, was surety on the statutory bond of Harry C.… Honeywell v. Mikelson Page 36 Appellant, a garage operator in the city of Everett, is the owner of a wrecking truck.… Spielman v. Spielman Page 37 This is an action for divorce, in which the defendant made default.… The insurance company only has appealed from the judgment in favor of respondent, awarding him $5,000 against the other defendant, proceeded against as liable in tort for injuries from an automobile accident, and $2,500 awarded against the insurance company on its bond.… Moohr v. Victoria Investment Co. Page 43 The plaintiff commenced this action in the superior court for King county, seeking recovery of damages for personal injuries suffered by him as the alleged result of the negligent maintenance of an automatic passenger elevator by the defendant company in its apartment house in Seattle.… Richardson v. Marshall Page 47 This appeal presents for determination merely a disputed question of fact.… Doyle v. Coulter Page 49 THE COURT. [1] This is an application for a writ of mandate to compel the respondent county clerk to file and set for hearing protests forwarded to him by the Secretary of State, as required in proceedings taken under the Bridge and Highway District Act of 1925 (Stats.… People v. Hennessey Page 49 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Smith v. Lombard Page 55 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Strong v. Hancock Page 60 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Strong v. Shatto Page 71 THE COURT. The following opinion, prepared by Mr. Justice Richards, is hereby adopted as the opinion of the court: This appeal is by certain defendants in the case of Strong v.Hancock, wherein the decision of this court upon the main appeal has been this day filed (ante, p.… Strong, Albert v. Shatto Page 73 THE COURT. [1] The parties to this appeal having stipulated that the same may stand submitted upon the briefs on file in the causes ofW.A.… People v. Weitzel Page 73 THE COURT. [1] The judgment against the defendant and appellant having been reversed without ordering a new trial, ante, p.… This is an appeal from a judgment on a verdict in favor of the plaintiff in an action for damages for personal injuries.… Capron v. Van Horn Page 77 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Capron v. Prescott West Page 83 THE COURT. This is an appeal from a judgment of the superior court in and for the county of Imperial in favor of the plaintiff and against the defendant.… This is a petition for a writ of certiorari in the matter of an award made by the Industrial Accident *Page 604 Commission to Forrest Wilder, who lost his foot while engaged in operating a gasoline motor saw.… Finn v. Goldstein Page 85 This is an action brought to compel specific performance of a contract for the purchase and sale of certain real property in San Francisco, California.… THE COURT. A petition for hearing herein was granted by this court after decision by the district court of appeal.… Moss v. Chronicle Publishing Co. Page 88 This is an action by plaintiff for personal injuries received by him in June, 1922.… This is an application for a writ of certiorari to review an order of the Industrial Accident Commission denying compensation to the petitioners, the surviving wife and children of Antonio Mello, deceased, who, at the time of his death, was in the employ of St. John's Park Company as a prune picker.… Cann v. Parker Page 105 This appeal is from an order denying the defendant's motion to set aside and vacate the judgment and her default for failure to appear in the action.… Sheckles v. Clinton Construction Co. Page 107 This is an action prosecuted by plaintiffs to recover damages for injuries sustained, due to the alleged negligence of the defendants.… Wilkes v. Brady Page 108 This is an equitable action instituted by the plaintiffs seeking to enjoin the defendants from interfering with the plaintiffs' use and maintenance of a certain road over and across certain lands belonging to the defendant Howard Brady.… Weaver v. Atlantian Construction Co. Page 111 This is an action brought by respondent against Atlantian Construction Company, a corporation, and J.H.… Weaver v. Atlantian Construction Co. Page 114 This action is one brought by respondent against Atlantian Construction Company, a corporation, and against each of the stockholders thereof as copartners.… Strand v. Everett Page 115 Plaintiff brought suit to recover damages for personal injuries and property loss arising from the alleged negligence of defendant in overflowing plaintiff's automobile tank at a gasoline filling station so that the automobile took fire, which caused the loss and injury.… MacMurtry v. Fraties Page 120 The trial court awarded a judgment in favor of the plaintiff against the defendant and from that judgment the defendant has appealed under section 953a of the Code of Civil Procedure.… Morris v. McKesson Page 129 Plaintiff sued for the rescission of a written contract upon the ground that the consideration as to him had failed.… Certiorari to review an award of the Industrial Accident Commission.… County of Los Angeles v. Rickert Page 134 Action on a bail bond. Defendants appeal on the judgment-roll alone.… Werner v. Bryden Page 138 This is an action to recover damages for breach of promise of marriage and seduction under such promise.… Copp v. Mulcahy Page 141 This action is by plaintiff to recover on two several promissory notes.… Bedig v. Southern Pacific Co. Page 148 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Montgomery v. Chapman Page 154 This case comes before us upon a stipulated record.… Greer v. Los Angeles Athletic Club Page 155 This is an appeal by the Los Angeles Athletic Club from a judgment in favor of the plaintiff in an action for damages for failure to return to plaintiff a package deposited with the defendant.… Missouri Pac. R. Co. v. Fleak Page 160 This appeal involves the validity of a judgment rendered in the district court of Muskogee county in favor of the defendant in error, Grace Fleak, administratrix of the estate of Earl Fleak, deceased, and against the plaintiff in error, Missouri Pacific Railroad Company, for the sum of $3,000.… Riddle v. Etling Page 162 This is an action to foreclose a chattel mortgage given by defendant to plaintiff on a crop of barley and an automobile to secure the payment of a promissory note for $1,000.… Burge v. Municipal Court Page 164 Prohibition. Petitioners seek to prevent the respondent Municipal Court of the City of Los Angeles from proceeding further in an action pending in said court, in which action respondent Dietterich is the plaintiff and petitioners herein are the defendants.… Rogers v. Mellon Page 166 This is an appeal from a judgment for damages awarded in favor of E.… Boise-Payette Lumber Co. v. Felt Page 169 Plaintiff had judgment in the trial court against defendants in the principal sum of $2,377.40 with interest amounting to $426.24, and attorney's fees in the sum of $300, and $1.50 fees for recording lien, amounting in all to $3,105.54, and by the judgment this amount was decreed a lien upon Lots 24, 25, 26 and 27 of… Hudson v. Kootenai Power Co. Ltd. Page 169 Respondent Hudson commenced this action against the Kootenai Power Company to compel the company to remove its poles and wire line from a strip of land running across block "U" in the city of Coeur d'Alene.… Appellants contend that C. S., sec. 2031, as amended by chap.… Strong v. Twin Falls Canal Co. Page 173 The defendant is a Carey Act operating company, and plaintiff is the owner of certain lands irrigable from the canal system operated by defendant.… Sebern v. Moore Page 176 Appellants, members of the board of commissioners of Drainage District No. 2 of Ada county, brought this action as trustees to restrain respondent from diverting, or in anywise interfering with, the water in said drainage district's drain No. 14.… Hample v. McKinney Page 179 Respondent, in 1920, sold or consigned to appellant, individually or as agent of Jerimiah Williams Co., of Boston, Massachusetts, his wool clip, for which he received through the First National Bank of Dillon, either as the purchase price or as an advance, 25 cents per pound.… Marysville Development Co. v. Marotz Page 180 Appellant corporation is the successor of a Carey Act construction company which contracted with the assignor of respondent's assignor for the sale of 160 shares of water rights for the sum of $3,200, to be delivered at or within one-half mile of each quarter-section of land upon which the water was to be used.… Dunn v. Henderson Page 183 In Harney County there is a scope of country sometimes called the Harney Basin, in which there are three lakes, Malheur Lake, Mud Lake and Harney Lake, lying in the order named approximately on a line running from the northeast to the southwest.… Sheedy v. Sheedy Page 184 In Banc. AFFIRMED. ON MOTION TO DISMISS APPEAL.… Farmers' Bank of Weston v. Ellis Page 186 In Banc. This is an action by the plaintiff, an incorporated bank, against defendants W.H.… Cunning v. Locke Page 192 In Banc. AFFIRMED. REHEARING DENIED. The plaintiff brings this action against W.D.… Reversed on rehearing February 14, 1928. ON REHEARING.… Pederson v. Patterson Page 204 In Banc. This suit, prosecuted to determine the validity of Chapter 322, General Laws of Oregon, 1927, was submitted with the case ofEastern Western Lumber Co. et al.… In Banc. This suit was instituted to foreclose an instrument in the form of a deed but claimed by the plaintiff to See 15 R.C.L.… State v. Kavanaugh Page 209 OPINION OF THE COURT Appellant was indicted and convicted of a crime.… This action was instituted by plaintiff the Ephraim Willow Irrigation Company and numerous individual plaintiffs to quiet their title to the use of the waters of Willow creek, in Sanpete county, for irrigation, stock-watering, and culinary purposes.… Rice v. Franklin Loan & Finance Co. Page 223 THE plaintiffs in error brought this action under the declaratory judgment act, S.L.… Massie v. People Page 226 PLAINTIFF in error, hereinafter referred to as defendant, and one Mrs. Rene Divelbess, were jointly charged, by an information filed in the district court of Jefferson county, with the murder of Katie Massie, defendant's wife.… Morris v. Morris Page 232 Findings can go no further than allegations of complaint.… Whiddett v. Mack Page 233 Complaint to recover broker's commission must allege broker was duly licensed.… Carey v. Guest Page 236 There is no substantial evidence to sustain the verdict and judgment, which presents a question of law that can be determined on an appeal direct from the judgment.… Burr v. Winnett Times Publishing Co. Page 242 Citing: Bettner v. Holt, 70 Cal. 270, 11 P.… State Ex Rel. Haley v. Dilworth Page 246 This is an appeal from a judgment in favor of respondent upon the relator's application for a writ of mandate to require her to make payment of two warrants issued and delivered to him by the Red Lodge-Rosebud irrigation district.… State Ex Rel. Haley v. Dilworth Page 250 Relator instituted this proceeding to compel the respondent to make payment of a warrant for the sum of $3,034.92, issued and delivered to him by the Red Lodge-Rosebud irrigation district on October 21, 1925.… The petitioner, Pacific Fruit Express Company, self-insurer, seeks to have annulled an award made in favor of Marie Espinoza Grijalva, by the Industrial Commission, for the death of her son, Carlos Grijalva, upon whom she claims to have been dependent.… Pima Farms Co. v. Fowler Page 256 This suit was brought by the plaintiff, Pima Farms Company, to have a contract of *Page 333 sale of a parcel of land and water to irrigate it forfeited and canceled, on the ground of certain claimed breaches thereof by the purchasers, Oscar G.… Pima Farms Co. v. Van Loo Page 260 These cases are all controlled by the decision in Pima FarmsCompany, a Corporation, Appellant, v. Oscar G.… Pima Farms Co. v. Van Loo Page 260 These cases are all controlled by the decision in Pima Farms Company, a Corporation, Appellant, v. Oscar G.… Weitz v. Richardson Page 262 This case presents error from the district court of Tillman county.… Moschos v. Bayless Page 263 This is an action commenced in the district Court of Rogers county by Christ Moschos against Mary M.… McNaughton v. Lewis Page 266 This was an auxiliary action in garnishment brought on November 4, 1925, by Alice Belle Lewis, as plaintiff, defendant in error here with W.… This was an action of covenant brought October 24, 1924 by the Oklahoma Cotton Growers' Association, a domestic corporation, as plaintiff, defendant in error here, against R.… Dalton v. Bilbo Page 274 In the court below, George W. Bilbo, trustee for the United Eight Oil Trust, was plaintiff, is defendant in error here, and will hereinafter be referred to as plaintiff; while B.… Swain v. Patterson Page 278 Plaintiff in error was defendant below, and defendant in error was plaintiff below, and the parties are herein designated as in the court below.… Sowards v. State Page 284 In this case the information charges that in Hughes county, June 27, 1925, “Arthur Sowards *308 did unlawfully sell intoxicating liquor, to wit, one quart of whisky, to T.… Braun v. Town of Delaware Page 284 Plaintiff in error was convicted before a justice of the peace on a complaint of unlawful^ allowing chickens to run at large in the town of Delaware, contrary to the ordinance of said town.… Wells v. State Page 285 The information in this case charged that on May 22, 1925, "Tom Wells did unlawfully transport a quantity of intoxicating liquor, to wit, five gallons of whisky, from a point in Hughes county unknown to a point on the public highway, about 300 yards east of the northeast corner of the town of Lamar." The trial… Glass v. State Page 286 Plaintiff in error was convicted on a charge that he did unlawfully have in his possession a quantity of intoxicating liquor, to wit, whisky, and in accordance with the verdict of the jury he was sentenced to pay a fine of $50, and to confinement in the county jail for 30 days.… Clinton v. State Page 286 The plaintiff in error, hereinafter called defendant, was convicted in the county court of McCurtain county on a charge of transporting whisky and was sentenced to serve a term of 30 days in the county jail and to pay a fine of $50.… Wolfe v. State Page 287 Appellant, Oscar Wolfe, was convicted of the crime of grand larceny and in accordance *Page 329 with the verdict of the jury was sentenced to imprisonment in the penitentiary for the term of one year.… Arnold v. State Page 287 The plaintiff in error was convicted on an information charging that he did maintain a.nd operate a certain place where divers persons were permitted to congregate for the purpose of drinking intoxicating liquor, in Oklahoma City, and in accordance with the verdict of the jury he was sentenced to pay a fine of *332… Mack v. District Court Page 289 Stats. 1923, 20, was only authority for appointment of receiver.… Tesoriere v. District Court Page 291 In 1920 initiative petition under Const. art.… Fischer v. Leach Page 295 The opinion of the court was delivered by In this action the plaintiff asked for a judgment against the defendant enjoining her from bringing and prosecuting an action in the state of Missouri to establish her claimed dower rights in the Missouri real property which had belonged to her deceased husband; asked for a… Pima Farms Co. v. Elliott Page 304 The facts in this case are identical with the facts in the Fowler case, ante, page 331, 258 P.… Netherton v. Lightning Delivery Co. Page 306 Forest Netherton was killed by a stroke of lightning on the 4th of June, 1926, and Ollie Netherton, as his widow, presented a claim to the Industrial Commission for compensation under the statute.… In Skagit county there are operating three local telephone companies, the Skagit River Telephone and Telegraph Company, the Skagit Valley Rural Telephone Company and the Puget Sound Telephone Company, and also a national system oprated by the Pacific Telephone and Telegraph Company.… MacGerry v. Rodgers Page 314 Respondent, as plaintiff, brought this action to recover damages for the alleged breach of a *376 contract to support herself and her minor child.… Domet v. City of Seattle Page 317 The plaintiff Delia Domet, a minor twelve years old, seeks recovery of damages for personal injuries suffered by her, as it is alleged, as the result of the negligence of the defendant city in maintaining or permitting a wire to hang from one of its electric light line poles down to a point about three feet above a… State v. Whidden Page 318 The appellant was accused and convicted by the verdict of a jury of the crime of rape upon a female child over the age of ten and under the age of fifteen years.… State v. Riese Page 319 The appellant Riese was convicted upon a trial by jury of the crime of bootlegging and sentenced by the court to a term in the penitentiary.… Heath v. Stephens Page 321 Respondent, as plaintiff, prosecuted this action to recover for the wrongful death of her decedent, killed in an automobile accident, for damages to his automobile, in which he was riding at the time, and for funeral expenses.… Mensik v. Cascade Timber Co. Page 323 Respondent, individually and as representative of her deceased husband, had judgment upon a verdict in her favor in the lower court in the sum of $1,203.75 in an action for damages against appellant, based upon the alleged negligence of appellant, from the spread of fires set by appellant to burn its logging slashings.… City of Seattle v. Gervasi Page 328 Appellant was charged with the offense of selling groceries on Sunday, under the provisions of an ordinance of Seattle, No. 32138, and was found guilty and adjudged to pay a fine of one dollar and costs.… Motichka v. Rollands Page 333 This is a habeas corpus proceeding commenced in the superior court for Chelan county, wherein the petitioner, Edward Motichka, seeks recovery from Louise J.… Fidelity National Bank v. Fox Page 335 On and prior to November 8, 1921, the Farmers State Bank of Connell, called hereinafter the bank, was a banking corporation, doing a general banking business at the town of Connell, in Franklin county, in this state.… This is a proceeding to review an award of the State Industrial Commission in favor of the defendant John Tingen for the death of his minor son Henry N.… Halloran-Judge Trust Co. v. Heath Page 342 This is an action for an accounting and for injunctive relief.… Spurgeon v. Hughes Page 350 OPINION OF THE COURT This suit is a contest for priority between two chattel mortgages.… Hudson v. State Page 352 The plaintiff in error, hereinafter called defendant, in the district court of Cherokee county was convicted of receiving deposits in an insolvent bank, and was sentenced to serve a term of five years in the state penitentiary, and to pay a fine of $5,000.… Jackson v. State Page 356 Plaintiff in error was convicted on an information charging the unlawful possession of intoxicating liquor, and in accordance with the verdict of the jury was sentenced to pay a fine of $300 and imprisonment in the county jail for 60 days.… Williams v. State Page 356 Plaintiff in error, Joe Williams, was found guilty of having illegal possession of intoxicating liquor, to wit, Choc beer, and his punishment assessed at a fine of $250 and imprisonment in the county jail for 90 days.… Campbell v. State Page 357 The plaintiff in error, hereinafter called defendant, w'as convicted in the district court of Payne county on a charge of rape in the second degree and sentenced to serve a term of 2 years in the state penitentiary.… Bailey v. State Page 358 Tom Bailey was convicted on a charge that he did unlawfully set up and keep in his possession to be used as a distillery a certain still for the purpose of using the same for the production of distilled spirits, whisky, and other liquors, and in accordance with the verdict of the jury was sentenced to pay a fine of… Criner v. State Page 359 In the information, appellant, Dock Criner, and Elmer Sanders were charged jointly with the theft of one Cadillac car, the property of Gus Key.… Choate v. State Page 360 The plaintiff in error, hereinafter called defendant, was convicted in the district court of Pushmataha county on a charge of murder and was sentenced to life imprisonment in the state penitentiary.… Wright v. Spencer Page 361 This is an action on a promissory note by one claiming to be a holder in due course, etc.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Plaintiff appeals from a judgment entered after a demurrer to its complaint was sustained.… Richards v. Jarvis Page 370 This cause is here on appeal for the second time, and reported at 41 Idaho 237, 238 P.… Eureka Development Co. v. Clements Page 371 This is an action against Aaron Clements, sheriff of Blaine county, to recover certain property in his possession as such sheriff.… Blodgett v. Darby Page 373 Plaintiff brought this action to quiet his title to lot "A" of the North Long Beach tract in Los Angeles County.… In Re Estate of Mailhebuau Page 378 At the time of submission of this cause on the merits there was also submitted a motion to dismiss the appeal, which is from an order, purporting to be one in probate, giving to the respondent the right to assert and file a mechanic's lien against certain real property belonging *Page 665 to the estate and to… Paolini v. Sulprizio Page 380 Judgment was entered in this case in favor of the plaintiff for the balance due under an executory contract for the sale of real property.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… This is an action to recover damages for personal injuries sustained by plaintiff when a steel fishing-rod, which he was carrying, came in contact with a sagging wire of the defendant's power line.… Hoffman v. Southern Pacific Co. Page 397 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Hittson v. Stanich Page 405 This is an action to recover judgment for nonpayment of several promissory notes and attorneys' fees, and for the arrest of defendant, and his confinement in the county jail in Los Angeles County, etc., on the alleged ground that the defendant obtained from plaintiff the moneys for which said notes were given, by… Hale v. Giesea Page 407 The plaintiff commenced an action against the defendants to recover on six separate promissory notes.… The findings of the court include the following facts: On the fifteenth day of April, 1920, the plaintiff was the owner of a motor-boat named "Thais," which was moored at a wharf or dock known as the First Street Dock, in and upon the waters of Los Angeles harbor.… First National Bank v. Caldwell Page 411 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… It is conceded that petitioner is under liability to pay compensation to respondent Whyte, at least as for disability caused in part by the accident of June 23, 1926.… Widney v. Superior Court Page 416 THE COURT. In substance, the petitioner herein prays for a writ of mandate to compel the Superior Court to allow a jury trial in a case wherein the right of trial by jury has been denied.… Goldberg v. Stanton Page 417 This is an appeal from a judgment in favor of plaintiff for damages alleged to have been caused to him by reason of the removal by defendant of a refrigerator from certain premises which defendant leased from plaintiff.… Locke v. Duchesnay Page 418 Plaintiff had judgment in an action to recover for work and labor performed, etc., in plowing, grading, and leveling a certain tract of land situate in the county of San Joaquin, and the defendant Silva appeals.… Paddock v. Fonner Page 423 Plaintiff, as administrator of the estate of May Howe, sued the defendant for money had and received.… Hassell v. Denning Page 426 The plaintiffs, Frank J. and Winifred Hassell, as husband and wife, brought this action to recover *Page 481 damages on account of personal injuries sustained by the latter in falling from a landing at the top of an outside stairway in the rear of a two-story dwelling, plaintiffs being at the time the occupants of a… Beckley v. Harris Page 428 An appeal from an order granting a new trial.… Pereira v. Toscano Page 429 The plaintiff, a minor, by his guardian ad litem, brought this action to recover the amount which he alleges he paid on a contract for the purchase from defendant of a dairy business, livestock, and other personal property, and which contract the plaintiff disaffirmed on the ground of his minority.… People v. Hebern Page 432 Defendant was tried on an information charging a violation of the Corporate Securities Act (Stats.… Conlin v. Traeger Page 433 This is an action brought by appellant, who is a physician practicing his profession at Long Beach, California, to recover damages against respondent, who, as sheriff, attached an automobile belonging to appellant.… Lindsey v. Wright Page 438 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Davis v. Pacific Studios Corp. Page 440 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Goddard Page 447 On the tenth day of December, 1926, the district attorney of Alameda County filed an information against the defendant charging him with the crime of bigamy.… Wilson v. Mattei Page 453 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. McKim Page 457 The defendant was tried before a jury upon an information charging him with contributing to the delinquency of a minor child.… This is an action on an accident and health insurance policy issued by the defendant to the plaintiff October 11, 1916.… People v. Reed Page 463 Defendant was tried and convicted upon an information charging the violation of section 476 of the Penal Code.… Thomas v. Maring Page 465 The controversy in this case is over the right to possession of property, both real and personal.… Hogue v. Hogue Page 465 This is an attempted appeal from an order denying a motion for a reconsideration of a judgment denying a petition to modify a decree of divorce, in so far as the custody of the child of the parties is concerned.… Peter v. Boling Page 467 The plaintiff Peter commenced this action as assignee of G.G.… Rapidol Company v. Howe Company Page 469 Appellant, a manufacturer of a hair dye known as Rapidol, by written contract, appointed respondent its distributing agent for the Pacific coast, giving it exclusive territory, fixing its discount, and requiring it to purchase a certain fixed minimum and to sell no competing liquid hair dye.… The Cedarhome Lumber Company is a corporation organized under the laws of the state of Washington.… The state tax commission fixed the assessed value for taxation purposes for the year 1926 of the leasehold interest on the Metropolitan tract, or, as *Page 471 it is commonly known, the "old University grounds," in the city of Seattle, held and owned by the Metropolitan Building Company, at $1,375,000.… The questions involved in this case are settled by the holdings of this court in Tax Commission v. MetropolitanBuilding Co., ante, p.… Blake v. Bahr Page 478 In November, 1923, appellant Blake, being then the owner of a certain tract of 720 acres of farm land, in Lincoln county, a written contract was entered into by the terms of which Blake agreed to sell, and respondents agreed to buy, the land for a consideration of $16,700, $8,000 of which was to be paid by the… Joyner v. City of Seattle Page 479 This is an appeal from a judgment against appellant in a tort action for damages, alleged to have been received by the respondent wife from negligence in the operation of one of appellant's street cars.… On October 13, 1925, the Northern Pacific Railway Company, as plaintiff, filed a complaint in the superior court of Thurston county, in which it named as defendants the state of Washington and some twenty-three of the counties of the state.… State v. Burnett Page 484 The defendant, Josie Burnett, and another defendant, were jointly charged as follows: "They, the said .… State Ex Rel. Fancher v. Everett Page 486 The lower court having issued a temporary writ of prohibition, on the return day thereof, upon demurrer to the petition and affidavits in support thereof, sustained the demurrer and dismissed the proceeding.… Beckman v. Brickley Page 488 In this action, the appellant, Beckman, sought to recover against the respondents, Brickley and Carl, for a breach of contract.… Kibler v. Yakima Finance Corp. Page 490 The plaintiff Mrs. Kibler commenced an action in the superior court for Yakima county, seeking recovery from the defendant finance corporation of four diamond rings.… Zey v. Town of Long Beach Page 492 The plaintiffs brought this action, claiming that a comfort station and the adjacent septic tank and cesspool constituted a nuisance and sought to have the same abated.… Siegel v. Kracower Page 493 This is an equitable action, commenced by appellants to quiet title to real estate in King county.… Frye v. Jensen Page 497 The plaintiff, Mrs. Frye, seeks recovery of damages for personal injuries suffered by her as the alleged result of the negligence of the defendant Jensen, in the driving of his automobile at the intersection of Olive Way and Terry avenue, in Seattle.… Community State Bank v. Martin Page 498 As to the defendants Jacob Martin and wife, this action was brought to foreclose a chattel mortgage.… State v. Polet Page 501 By an information filed in the superior court for King county, the appellant, Frank Polet, was charged jointly with one Joe Lucenti of violating the second subdivision of § 2601 of the code (Rem.… The plaintiffs and intervener sought the same relief in the court below, namely, that defendants be restrained from the levying and collection of a tax against their property to pay a part of the cost *Page 586 of a water system, which water system was to be constructed under the water district act, the same being Rem.… In Re Lee's Estate Page 507 The record in this court consists of the following: A transcript from the lower court over the clerk's certificate, filed in the lower court March 23, 1927, and in this court March 24, 1927, which transcript sets out a petition to set aside the probate of a will and be allowed to contest the will, filed in the lower… State v. Gaines Page 508 The defendant was charged by information with the crime of murder in the first degree.… After the decision in this case, reported in 141 Wash.… City of Seattle v. Cottin Page 520 Appellant was convicted and fined $25 in the lower court, after an appeal from a judgment against him in the police court of Seattle, where he was fined $100, for an alleged violation of section 14 of ordinance No. 15957, of Seattle.… Utah State National Bank v. Stringer Page 522 This action is upon a negotiable promissory note for $1,254 dated April 22, 1921, due six months later.… Smutz v. Scott Page 525 Plaintiff, Ollie K. Smutz, brought this action to foreclose a mortgage.… Twin Falls National Bank v. Reed Page 526 The foregoing is approved as the opinion of the court, and the judgment is affirmed, with costs to respondent. McConnon & Co. v. Stallings Page 527 McConnon Company, plaintiff below, entered into a contract with one Denny, by which it was agreed that it would, from time to time, as ordered, sell him certain goods, wares and merchandise.… Groshoff v. St. Gertrude's Convent Page 528 Appellant, as executrix of the estate of George Groshoff, deceased, sued St. Gertrude's Convent, a corporation, respondent, to recover compensation for alleged constructive services.… This appeal is by the defendant from a judgment foreclosing a mechanic's lien.… Plaintiff is the owner of land in the Salmon Carey Act Segregation, the defendant being the operating company for the project, which at the time this suit was commenced embraced some 35,000 acres of land, *Page 585 in connection with which project water rights existed.… Frost v. Penfold Page 534 This is a suit to enjoin the defendants, appellants here, from cutting the bank of a certain irrigation ditch situate in part upon appellant Penfold's land, and from interfering with respondents' use of the same.… Case v. Ericson Page 536 Plaintiff is the owner of the north half of the northeast quarter, and defendants are the owners of the northwest quarter, of section 32, township 9 south, range 16 E., B.… Gem State Lumber Co. v. Cameron Page 539 Plaintiff furnished material for the building of a granary upon land then in the possession of defendants Simpson, they being the vendees of the land under an executory contract of sale from defendants Cameron who held legal title.… Hinsch v. Mothorn Page 540 Plaintiff and defendants entered into an agreement in writing for the purchase by defendants from plaintiff of a certain tract of land.… Crawford v. Inglin Page 541 Appellant and respondent are adjoining land owners.… Appellant, doing business at Salt Lake City, Utah, filed three claims with respondent against the Citizens State Bank, of Buhl, each of which was classified under Sess.… Phy v. Edgerton Page 545 This case appears in this court for the third time.… Thomas v. Stradley Page 546 The facts in this case are not in dispute.… McMaster v. Warner Page 547 This was an action before the district court, sitting with a jury, on a promissory note due on or before January 1, 1920, for $3,000 with interest, and providing for reasonable attorney's fees in case of suit.… Sims v. Hunter Page 550 On April 4, 1923, defendant purchased an automobile from plaintiff under a conditional sale agreement providing for three deferred payments: the last, $239, falling due December 4, 1923.… State v. George Page 551 Appellant was charged with and convicted of the crime of interfering with a headgate regulated by a water-master, in violation of the provisions of C.… State v. Dunn Page 553 Appellant appeals from the judgment entered on a verdict finding him guilty of being a persistent violator of the state prohibition law.… Peak v. Haddock Page 555 This action was begun in Lincoln county, fourth judicial district, for the foreclosure of a mortgage on land situated in that county.… A. C. White Lumber Co. v. McDonell Page 555 Respondent brought this action against appellant, alleging in the complaint that at the special instance and request of appellant it had advanced money to him, paid out money on his account and paid out large sums of money to others on orders drawn upon it by appellant, and furnished him goods, wares and merchandise… Ferguson Fruit & Land Co v. Goodding Page 557 This is an action to foreclose a mortgage on certain real estate situate in Twin Falls county.… Simpson v. Winegar Page 562 In Banc. APPEAL DISMISSED. REHEARING DENIED.… Miller v. White Page 565 The plaintiff brought this action to recover judgment against the defendants on a negotiable promissory note.… King v. Doherty Page 569 OPINION OF THE COURT King sued Doherty to quiet title to the west half of the northwest quarter and the west half of the southwest quarter of section 15, township 28 north, range 29 east.… OPINION OF THE COURT This is a suit for an injunction brought in behalf of the State, by the Attorney General, seeking to enjoin the Regents of the University of New Mexico from putting out a bond issue of $190,000 of building and improvement bonds.… OPINION OF THE COURT The appellant, City Electric Company, hereinafter styled plaintiff, owns and operates a street railway in the city of Albuquerque, under a franchise granted by the city of Albuquerque on the 17th day of August, 1903, and a further franchise granted on the 9th day of September, 1909.… This is a suit to foreclose liens brought by the city of Albuquerque, hereinafter styled plaintiff, against the City Electric Company, hereinafter styled defendant, arising out of the same paving program involved in the two companion cases just now discussed in Nos. 3111 and 3112 on the docket of this court.… Rothwell v. Knight Page 576 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… West v. School Dist. No. 9 Page 583 This is an action, brought by plaintiffs, tax payers in the school district hereinafter mentioned, under the so-called declaratory-judgment act.… School District v. Warren Page 587 This is an action instituted in Fremont County, Wyoming, by the plaintiff, Walter Warren, against School District No. 38 of said county and the trustees thereof, defendants, to enjoin said defendants from issuing the bonds of said district.… Posvar v. Royce, Sheriff Page 587 This action was instituted by George W.K.… Tobias v. Adams Page 588 Some preliminary considerations must be met before we consider the merits of this appeal.… Nail v. Jacks Page 593 Separate actions were brought by the plaintiffs against the defendant for judgments fixing and determining their rights in the use of certain water, restricting and enjoining defendant from interfering with such use, and for actual and exemplary damages for defendant's failure to furnish plaintiffs water for… Porter v. Miller Page 595 Plaintiff seeks by this action to rescind an agreement made by him with defendants for the purchase and sale of an apartment house located in Los Angeles, California, the amended complaint alleging that he was induced to enter into said contract by false and untrue representations about material matters made to him… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Action brought to recover upon a policy of insurance.… People v. Mahoney Page 607 THE COURT. The appellant, a contractor, and C.B.… San Jose Hospital v. Etherton Page 611 An appeal from an order denying motion for a change of venue.… Hammond Lumber Co. v. Gordon Page 612 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Miller v. Superior Court Page 614 A proceeding to review an order of confirmation made by the Superior Court in and for the City and County of San Francisco in the matter of the estate of William Miller, deceased.… Morris v. Morris Page 616 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Kistner v. Pomeroy Page 619 Plaintiff, a licensed architect, brought this action to recover damages for an alleged breach of contract of employment.… A proceeding in certiorari to review an award made by the Industrial Accident Commission to respondent J.A.… Moor v. Vawter Page 622 The facts appear to be that by the terms of a will the testator left all his property in trust to defendant herein as trustee for the benefit of the widow of the testator during her natural life, and at her decease (provided that she should live ten years after the decease of the testator), to be distributed equally… Burke v. Dillingham Page 627 On the evening of October 4, 1922, at about the hour of 7 P.M., the plaintiff was being conveyed as a passenger on one of the automobile busses owned and operated by the Dillingham Transportation Company, a common carrier of passengers between Long Beach and Whittier, when the stage collided with a truck belonging to… Sun-Maid Raisin Growers v. Mosesian Page 630 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Powell v. Oak Ridge Orchards Co. Page 636 The defendant appeals from an adverse judgment in an action for the rescission of a contract for the sale of land, and for the recovery of certain payments made thereunder, one of the grounds of appeal being insufficiency of the evidence to sustain the findings.… People v. Scott Page 638 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Castleton v. Peterson Page 649 Action to quiet title. The complaint is in the usual form.… Shafer v. Fisher Page 651 The complaint in this action is in the form of a common count for money had and received by the defendants J.T.… Sweet v. Hamilothoris Page 652 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… People v. Bradford Page 660 The defendants Bradford and Ammerman were jointly tried on an information charging them with a violation of the provisions of section 470 of the Penal Code.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… The plaintiff commenced an action against the defendants to recover a judgment for money.… The plaintiff commenced an action to recover moneys from the defendants.… Grass v. Rindge Co. Page 673 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Jensen v. Sprigg Page 683 This is an appeal from a judgment on an instructed verdict in favor of respondent in an *Page 521 action brought by appellant against respondent, an attorney at law, for alleged negligence in handling a claim placed in his hands for collection.… Kinnear v. Martinelli Page 686 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Lorenz v. Rousseau Page 690 Respondent A.F. Rousseau was the owner of certain premises on Market Street, in San Francisco.… A proceeding in certiorari to review an order of the Industrial Accident Commission awarding compensation for the death of Alexander S.… Levinson v. Elbow Page 700 The judgment from which the appeal herein is presented to this court was rendered in an action brought for the purpose of enjoining the enforcement of a deed of trust on certain real property, as well as for having it declared that the deed of trust had been satisfied and paid.… Thompson v. Mansfield Page 702 An appeal from a judgment in an action to recover the possession of certain real property situated in Los Angeles County.… Godfrey v. Godfrey Page 705 The plaintiff and respondent instituted this proceeding for the recovery of a certain parcel of real property situated at Beverly Hills, in Los Angeles County, which she alleged that appellant had obtained from her by coercion, threats to impugn her character and chastity, duress, undue influence, and extortion.… Williams v. First National Bank Page 709 The appellants C.L. Williams and Mina W. Williams are husband and wife.… Hathaway v. Mathews Page 712 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Stowe v. Maxey Page 717 This is an action in equity brought to restrain the defendant, as the auditor of the county of San Joaquin, from drawing his warrant upon the treasurer of said county, in payment of a certain claim allowed by the board of supervisors in favor of the San Joaquin County Fair Association.… Blackwell v. Thomasson Page 724 Plaintiff brought suit for the recovery of moneys paid under a sale contract for the purchase of an automobile.… Gustason v. Speak Page 725 The plaintiff brought this action to recover damages for malicious prosecution of a criminal action against the plaintiff.… In Re Hoyle Page 726 This is an appeal from a decree adjudging "The South San Francisco Journal and South San Francisco News" to be a newspaper of general circulation pursuant to section 4462 of the Political Code.… Lane & Wasson Co. v. Wright Page 728 This is an action to review an award made by the Industrial Commission.… Amerada Petroleum Corp. v. Williams Page 731 The cross-petitioner herein, Charles B. Williams, was claimant before the Industrial Commission, and the petitioner herein, Amerada Petroleum Company, was respondent.… Wagoner v. Devol Bridge Co. Page 732 This is an appeal from the judgment of the district court of Cotton county.… Manuel v. Kidd Page 732 This action was originally filed in the district court of Creek county by the defendant in error, C.… Brigham v. Davis Page 740 This is an appeal by petition in error and transcript to this court from the judgment of the trial court rendered on the 14th day of September, 1926.… Kincannon v. American Oil & Ref. Co. Page 741 This is an original action in this court filed December 4, 1926, by petitioner herein to review an award or decision of the State Industrial Commission.… Transcontinental Oil Co. v. Eoff Page 743 This is an original action brought in this court to review an award of the Industrial Commission made and entered on the 30th day of March, 1927, wherein the State Industrial Commission made the following findings of fact: "1.… This is an original action filed under section 4107, C.… The parties will be referred to herein as they appeared in the district court.… Pruner v. McKee Page 749 The defendant in error commenced this action in the district court of Cotton county, Okla., against the plaintiff in error, Louie Beard Pruner, and others to recover a judgment on a promissory note executed by them and to foreclose a real estate mortgage given to secure the same.… Coker v. Meadors Page 750 This is an appeal from the district court of Hughes county, being a companion case to No. 17052, wherein the identical question presented here was involved.… King v. State Ex Rel. Gossett Page 755 This is an action in the nature of quo warranto on the relation of the county attorney of Pushmataha county against the consolidated school district No. 5 et al., to dissolve the consolidated school district No. 5; rather to declare that such consolidated school district No. 5 was never legally organized.… This action was brought by the board of county commissioners of Adair county for the removal of plaintiff in error from the office of sheriff of said county.… Ex Parte Owens Page 758 This case originates in this court by an application for a writ of habeas corpus on the part of O.O.… Maloy v. Maloy Page 758 Tbe defendant below presents appeal from a judgment granting divorce to her husband, D.… Dean v. State Page 812 The plaintiffs in error, Bill Dean and Oscar Jones, were jointly charged, tried, and convicted on an information charging that they did unlawfully transport one-half pint of corn whisky from a place in Love county unknown to a place on Main street in the city of Marietta, and in accordance with the verdict of the jury… Buxton v. State Page 814 On information charging that he did have possession of one quart of whisky with the unlawful intent of selling the same, Burt Buxton was tried and convicted, and in accordance with the verdict of the jury was sentenced to imprisonment in the county jail for 30 days and to pay a fine of $200.… Woods v. State Page 816 Appellant was convicted on a charge of unlawfully transporting about two gallons of corn whisky, and in accordance with the verdict of the jury *378 was sentenced to jail for 30 days and to pay a fine of $150.… The appellee, hereinafter styled plaintiff, filed its amended complaint against the appellant Dunbar, as executor, and the appellant Fidelity Deposit Company of Maryland, as surety upon his executor's bond, hereinafter styled defendants.… Hauglum v. Mt. Hood Woodlands Co. Page 820 In Banc. AFFIRMED. Plaintiffs as copartners performed services under and in accordance with a written contract which they had entered into with one A.M.… Fordham v. Stearns Page 822 In Banc. This is an appeal from a judgment entered by the Circuit Court dismissing a case arising out of the election of a school director in School District No. 4 of Deschutes County, Oregon, a district of the third class.… Osburn v. Deforce Page 823 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Whiting v. City of Seattle Page 824 On January 13, 1926, appellant was operating a street car system, with a cable line on James street operating in an easterly and westerly direction, intersecting a double-track electric line running north and south on Broadway.… State v. Devlin Page 826 A robbery was committed by a gang of bandits on a street in the heart of the business district in Seattle, about ten o'clock in the forenoon on April 1, 1926.… The plaintiff brought this action against the city of Seattle, claiming that it is engaged in conducting a paint factory and business, at 3018 Ninth avenue south, in that city; that, prior to December 15, 1924, the city changed the grade of Ninth avenue south by filling in the street with mud taken from Beacon Hill… Lung v. Washington Water Power Co. Page 832 In this action, the respondent Lung recovered, on a trial by jury, against the appellant Washington Water Power Company, for personal injuries.… This action presents a controversy over which of two newspapers shall have the public printing of the city of Bellingham for the year 1927.… Olsen v. Davis Page 838 Respondent, on July 3, 1925, was issued a fishing license, No. 4433, permitting him to take salmon from the Columbia river by means of a fish *Page 2 trap or pound net.… Inashima v. Wardall Page 839 This cause was before this court on a former appeal.… Honefenger v. Green Page 840 This action was instituted by respondent, as assignee of one William Williams, to foreclose a mortgage executed July 13, 1922, by defendants Green and wife, for $2,000, in favor of Williams; alleging that the lien of her mortgage was superior to any lien, right or claim of any of the defendants in the action, and… Grant v. Libby, McNeill Libby Page 842 This is an action by her administratrix, as personal representative of the deceased, Dorothy Grant, a minor, against Libby, McNeill Libby, a corporation, E.S.… State v. Evans Page 845 The appellant, Evans, was tried in the superior court of Pierce county for the crime of murder in the first degree, was found guilty by the jury as charged, and was sentenced to the state penitentiary for the term of his natural life.… In Re Williams' Estate Page 851 O.B. Williams died on May 15, 1924. He was married twice.… Howard v. Mortensen Page 853 The plaintiff Howard seeks recovery of eight head of cattle from the defendants, Mortensen and Ellington, or, in the alternative, their value as damages which he alleges to be $250.… Seward v. Seward Page 856 This action was brought to foreclose a real estate mortgage.… In Re Erickson's Estate Page 857 This is a controversy over who shall be appointed administrator with the will annexed of the estate of Walter Erickson, deceased.… State v. Melvin Page 859 By an information filed in the superior court on December 18, 1926, Harvey Melvin was charged with the crime of carnally knowing and abusing a female child, naming her, of the age of eleven years, on October 15, 1926, she not being the wife of Harvey Melvin.… In Re the Guardianship of Stanley Page 859 Jeannette Stanley, the mother of Robert F.… Ex Parte Masters Page 861 The petitioner herein, Sid Masters, seeks, by writ of habeas corpus, to procure his release from the custody of Ben B.… Leininger v. Ward Page 863 This appeal is to reverse a judgment of the district court, wherein the State Highway Commission was enjoined from entering into a contract with a firm known as McGuire Cavender for the construction of a highway project designated as Federal Aid Project 139.… Brewer v. Oil Well Supply Co. Page 866 A civil action brought by Oil Well Supply Company, plaintiff, against Malcona Petroleum Company, a corporation, Davis-Malcona Company, a corporation, and H.… Martin v. Goodman Page 871 The parties to this action appear here as they did in the trial court, and they will here be referred to as plaintiffs and defendants.… Chicago, R. I. & P. Ry. Co. v. State Page 874 The Red Ball Bus Baggage Company, a corporation, filed its application with the Corporation Commission under chapter 113, Session Laws of Oklahoma, 1923, and rule 11 of Order No. 2219 of the Commission, asking for a certificate of public convenience and necessity to operate a motor bus as a common carrier of… Dancy v. Owens Page 879 Certiorari was allowed herein. By reason thereof, the record in the case of O.… Phillips v. Button Page 879 This is an appeal from an order of the district court of Osage county, discharging the city of Pawhuska in garnishment proceedings and fully discharging it from garnishment in the cause before the court.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… White v. Knox Page 889 In this action, which was to foreclose a mortgage, the plaintiffs in their first cause of action declared on a promissory note for $4,000, executed by the defendant, Lucy White, and on a real estate mortgage given to secure the same, and alleged that by the terms of the mortgage, the defendant was in default because… Lowe v. Edwards Page 891 The facts in this case show that Fannie M.… First Nat. Bank of Ada v. Elam Page 892 In the court below Cecelia Elam and Fred Elam, husband and wife, defendants in error, were plaintiffs, and the First National Bank of Ada and J.… Gregory v. State Page 902 A civil action brought in the county court of Washington county, Okla., wherein the state of Oklahoma was plaintiff and O.… Tucker v. Wilson & Co. Page 905 George Tucker filed a petition in error in this court on August 26, 1926, to review an order made by the State Industrial Commission on the 13th day of August, 1926.… Gypsy Oil Co. v. Escoe Page 906 The defendant in error, Leo Bennett Escoe, was a minor Creek Indian of one-eighth degree of Indian blood, and there was allotted to him as a part of his surplus allotment the lands located in Creek *Page 4 county, a part of which constitutes the subject-matter of this controversy.… The plaintiff in error, P. G. Fullerton, was elected county judge of Comanche county at the November election, 1924, and as provided by law, he assumed the duties of said office on the second Monday of January, 1925, which was the 12th day of the month.… Cardin Bldg. Co. v. Smith Page 910 The parties will hereafter be mentioned as they appeared in the court below.… Sample v. King Page 913 The parties to this action occupy the same position as in the trial court.… The parties to this action occupy the same relative position in this court as they did in the court below, and will be herein so referred to.… Moore v. Crabtree Page 916 Jim Gibson was a night policeman of the city of Wagoner, of which city J.… Blumenfeld v. Mann Page 918 This is an action on a series of 12 promissory notes, brought by defendant in error against plaintiffs in error, and the petition is in the ordinary and usual form.… Meyers v. State Page 922 The appellant, W.T. Meyers, was convicted on an information charging that in Stephens county, March 17, 1927, he did have in his possession 16 gallons of whisky with the unlawful intent to sell the same, and in accordance with the verdict of the jury he was sentenced to pay a fine of $500 and imprisonment in the… Coffey v. State Page 923 The plaintiff in error, hereinafter called defendant, was convicted in the district court of Carter county on a charge of manslaughter in the first degree, and sentenced to a term of 15 years in the state penitentiary.… Burns v. State Page 926 On information charging that in Kiowa county, April 3, 1925, he did unlawfully transport 9 1/2 gallon fruit jars of whisky from a point on the section line south of his home to a point about 45 yards from his home, Ira Burns was tried, convicted, and his punishment fixed at a fine of $300 and confinement in the county… Fromcke v. State Page 927 This appeal is from a judgment of conviction and sentence of imprisonment in the county jail for 45 days and a fine of $300, rendered upon a plea of guilty to a charge of unlawful possession of intoxicating liquor.… This is an action for the foreclosure of two real estate mortgages.… Walker v. Idaho Lettuce Co. Page 931 Plaintiff sued on contract for the sale of certain onions to defendant.… W.H. Marston Co. v. Fisheries Co. Page 933 By the complaint herein, which contains twenty-six causes of action, plaintiff alleged an indebtedness against defendant, Central Alaska Fisheries Company, a corporation, evidenced by several promissory notes made and executed by Central Alaska Fisheries Company to the First National Bank of Berkeley, reduced by a few… Fitzgerald v. Badaracco Page 937 The petitioners, consisting of a considerable number of the employees of the department of public works of the city and county of San Francisco, have applied for a writ of mandate whereby they seek to have this court direct the board of supervisors of said city and county and the members thereof to adopt a tax rate… Briare v. Matthews Page 939 This action was instituted by a citizen and taxpayer of the city of Stockton against the city auditor and his surety, the city treasurer and his surety, C.O.… United States v. Berg Page 942 Certain of the defendants in this proceeding have appealed from the judgment of the superior court closing the Ventura Hotel, in the city of Ventura, for four months, under the provisions of the National Prohibition Act.… Blake v. City of Eureka Page 945 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… This action was commenced in the superior court in and for the county of San Mateo to compel the chairman of the board of supervisors of said county to sign a contract awarded by said board to the plaintiff for the performance of certain street work in a proceeding had and taken under the Road District Improvement Act… This action was instituted by certain land owners of the defendant irrigation district against the Glenn-Colusa Irrigation District and its board of directors to have declared invalid certain assessments against the lands of plaintiffs to the extent that said assessments include any tolls or charges other than the… Merkle v. Merkle Page 969 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Cocke v. MacLeod Page 980 In this proceeding petitioners pray that respondent, as referee appointed by a judge of the superior court, be permanently restrained and prohibited from proceeding with the hearing in an action pending in said superior court, in which action respondent was appointed referee.… Certiorari to review an award of the Industrial Accident Commission.… Donahue v. Conley Page 985 All of the objections raised to the findings of fact and conclusions of law herein are predicated upon the proposition that the indebtedness of the defendant to plaintiff was an indebtedness as set forth in the amended complaint, to wit, moneys embezzled by the defendant which had been entrusted to the defendant for… Pendell v. Vesper Page 986 This is an appeal by plaintiff from an order dismissing plaintiff's action, which action was dismissed by the trial court on the ground that the complaint did not state facts sufficient to constitute a cause of action.… Gaster v. Hinkley Page 988 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… The petitioner Railway Company petitioned the court below for an alternative writ of mandate to compel the respondents, as members of and constituting the board of supervisors of the county of Sierra, to enter upon the minutes of said board an order directing the auditor of said county to cancel certain assessments of… Cochran v. Brown Page 1000 Plaintiff sued the defendant Brown and the two defendant railroad corporations for personal injuries suffered in a collision between an interurban car operated by the corporations and an automobile operated by the defendant Brown, and in which the plaintiff was riding as Brown's guest at the time of the collision.… Hume v. Lindholm Page 1003 The defendant has appealed from the judgment rendered against him and from an order denying his motion to set aside the judgment.… Hume v. Lindholm Page 1006 This is an appeal from an order "certifying, approving and settling the reporter's transcript on appeal." Defendant has appealed from the judgment and plaintiff has appealed from the said certification of the transcript on defendant's appeal.… Chapman v. Pacific Electric Railway Co. Page 1006 This is an appeal by plaintiff from a judgment for defendant on a verdict of a jury.… State v. Massey Page 1009 OPINION OF THE COURT The appellant, W.C. Massey, together with his son Cecil Massey, was charged with the murder of Jim Taylor.… Price v. Tuttle, County Auditor Page 1016 Plaintiff (appellant herein) seeks a writ of mandate against defendant (respondent), as county auditor of Utah *157 county, directing defendant to draw a warrant on the county treasurer for $150 alleged to be due plaintiff for services as county surveyor of Utah county for the month of January, 1927.… Megown v. Fuller Page 1018 This cause is here on direct appeal; that being the name given to the proceeding by the statute providing for it as a separate and independent method for the review of a judgment or final order of a district court, leaving the proceeding in error undisturbed and expressly continuing in force the then existing… First Nat. Bank of Lovelock v. Rogers Page 1024 Assignee cannot be in better position than assignor.… First Nat. Bank of Lovelock v. Rogers Page 1024 ON PETITION FOR REHEARING Rehearing denied. McDaniel v. McDaniel Page 1026 The plaintiff, Mrs. Forsyth, formerly Mrs. McDaniel, seeks modification of the decree of divorce dissolving the bonds of matrimony existing between her and her former husband, the defendant, Mr. McDaniel, as to the custody of their two minor sons.… The appellant, Green Meadow Cheese Factory & Dairy Company, brought this action against Ole Gardner and his wife Mary Gardner to recover the value of certain apples and pears, which it alleged it had sold and delivered to the respondents.… Nichols v. Olympia Veneer Co. Page 1028 The appellant Olympia Veneer Company is a corporation, organized under the laws of the state of Washington.… McMann v. Lee Page 1029 T. J. McMann of Seattle, as agent for Fred M.… State v. Buckley Page 1030 The defendant Buckley was found guilty by the verdict of a jury of the crime of burglary.… Melcher v. Clark Page 1032 This action was brought to recover damages for the wrongful levy of an attachment.… Johnson v. Sultan Railway & Timber Co. Page 1033 This action was brought to recover damages to a farm from flooding, claimed to have been caused by acts of the defendant.… Schwab v. Getty Page 1035 Appellant sued upon an instrument reading: "Yakima, Washington, 3-2 1923 Yakima Ave. Near Third St. "Mr. Anton Schwab, Roslyn, Wash.… Herr v. Schwager Page 1039 The plaintiff as receiver for Schwager Nettleton, Inc., an insolvent corporation, brought this action to recover from the defendants for the illegal conversion of the assets of the corporation.… Tomlin v. Roberts Page 1041 On August 15, 1907, the plaintiff, who was the wife of Bunner Sims, conveyed the property involved in this suit by general warranty deed to E.… Hancock v. Cochran Page 1046 On the 19th day of July, 1917, the plaintiff in error filed his petition in the district court of Pittsburg county against G.… Pollard v. State Page 1049 On information charging that in Hughes county, January 20, 1924, Duck Pollard did sell whisky to Price Hamilton, he was tried and convicted and sentenced to confinement in jail for 45 days and to pay a fine of $300.… Morrison v. State Page 1050 The plaintiff in error, hereinafter called defendant, was convicted in the district court of Osage county on a charge of shooting at another with intent to kill and was sentenced to serve a term of 9 years in the state penitentiary.… Pugh v. State Page 1051 On information charging that in Hughes county, February 20, 1925, Ed Pugh did sell whisky to one Arch Roberts, he was tried and convicted and was sentenced to pay a fine of $150 and to be con *401 fined in jail for 30 days.… Keen v. State Page 1051 The plaintiff in error, hereinafter called defendant, was convicted in the district court of Sequoyah county on a charge of assault with intent to kill and was sentenced to serve a term of 10 years in the state penitentiary.… Penrod v. State Page 1052 The plaintiff in error, hereinafter called defendant, was convicted in the county court of Hughes county on a charge of transporting intoxicating liquor and was sentenced to pay a fine of $50 and to serve 30 days in the county jail.… Tipton v. State Page 1053 The appellant was convicted on an information charging that he did have in his possession about one-half gallon of whisky with the unlawful intent to sell the same.… Stout v. State Page 1054 The appellant was tried upon an information charging that in Jackson county, August 19, 1926, he did shoot at and attempted to shoot one J.… Smith v. State Page 1055 On information charging that in Hughes county, on March 30, 1925, Pearl Smith did sell whisky to one Asa Townsend, she was convicted' and was sentenced to pay a fine of $50 and to confinement in the county jail for 30 days.… Ex Parte Birkes Page 1055 In this proceeding petitioner, Arthur Birkes, by his attorneys, has presented to this court a verified petition wherein he alleges that he is unlawfully restrained of his liberty in the county jail of Noble county by W.… Sancho v. State Page 1056 Plaintiff in error, Sanders Sancho, was convicted of forgery in the second degree, and was sentenced to imprisonment for the term of one year in the penitentiary.… Ex Parte Coker Page 1056 This is a petition for writ of habeas corpus filed in this court June 9, 1927, whereby J.E.… Hourigan v. State Page 1057 The plaintiff in error, hereinafter called defendant, was convicted in the county court of Caddo county on a charge of having the possession of mash fit for distillation, under section 1, c.… Hourigan v. State Page 1057 The plaintiff in error, hereinafter called defendant, was convicted in the county court of Caddo county on a charge of setting up, to be used as a distillery, a still worm and substitute therefor, and he was sentenced to pay a fine of $50 and to be confined in the county jail for 30 days.… Burton v. State Page 1059 The appellant and his wife were jointly charged with the possession of 4% pints of whisky, with the unlawful intent to sell the same.… Cooksey v. State Page 1059 The information charges that in Greer county, May 22, 1925, Vol Cooksey did have in his possession about 30 gallons of mash, fit for and for the purpose of manufacturing alcoholic liquor.… Jay v. State Page 1060 Appellant, Howard Jay, was convicted of transporting intoxicating liquor and in accordance with the verdict of the jury was sentenced to pay a fine of $50 and be confined in the county jail for 30 days.… Hargrove v. State Page 1060 The information in this case charged that W.M.… Ex Parte Raymer Page 1063 The petition for writ of habeas corpus, filed in this court October 13, 1925, and the return thereto shows that on the 8th day of February, 1925, Alonzo Raymer, a minor under the age of 16 years, was arraigned in the district court of Grady county on an information charging burglary and without the benefit of counsel… Hood v. State Page 1064 The appellant, Ollie Hood, and Earnest Hood were jointly tried for the offense of manufacturing intoxicating liquor.… Davis v. State Page 1064 The information in this case jointly charged All Davis, Lee McNutt, and Walter Gilbert with the unlawful possession of a still and worm, with the unlawful intent to manufacture spirituous liquors.… Ex Parte Lansdon Page 1065 The petitioners, Howard Lansdon *Page 60 and Daniel Daniels, it appears, were arrested in Nowata county, and were jointly charged with the crime of assault with intent to kill one H.B.… Williams v. State Page 1066 This appeal is from a judgment of the district court of Atoka county, rendered on the verdict of a jury finding appellant, Jesse Williams, guilty of murder and assessing his punishment at imprisonment in the penitentiary for life.… Ex Parte Wilkerson Page 1069 This is a petition for a writ of habeas corpus, filed by Alex Wilkerson, seeking his discharge from the custody of G.H.… Morton v. State Page 1070 The information in this case charges that W.… Portlock v. State Page 1070 The plaintiff in error, hereinafter called defendant, was convicted in the county court of Hughes county on a charge of transporting whisky and was sentenced to a term of 30 days in the county jail and to pay a fine of $50.… Brinkley v. State Page 1071 The plaintiffs in error were charged jointly with having stolen "two horse collars, a pair of bridles, and a pair of harness lines," the property of Guy Littrell.… Wright v. State Page 1072 The plaintiff in error, hereinafter called defendant, was convicted in the county court of Love county on a charge of pointing a pistol at another, and his punishment fixed at a fine of $50 and confinement in the county jail for a period of 3 months.… Robinson v. State Page 1073 The plaintiffs in error, hereinafter called defendants, were convicted in the county court of Comanche county on a charge of violating the state game law and were each sentenced to pay a fine of $200.… Henderson v. State Page 1073 Appellant, Walter Henderson, was convicted on a charge that in Kay county, July 15, 1925, he did unlawfully have in his possession one whisky still, capable of being used to manufacture intoxicating liquor, and in accordance with the verdict of the jury he was sentenced to pay a fine of $100 and to be confined in jail… Stevens v. State Page 1074 Plaintiff in error, Riley Stevens, was convicted in the county court of Adair county on an information charging that in said county, April 26, 1925, he did sell intoxicating liquor to Jim Miller, and in accordance with the verdict of the jury he was sentenced to pay a fine of $100 and to be confined in the county jail… Boswell v. State Page 1074 Appellant was convicted on a charge of unlawfully transporting one gallon of alcohol from the W.… State v. Pasta Page 1075 While traveling on the highway between Pocatello and Blackfoot, appellant, in attempting to pass a car going in the same direction, collided with the car he was attempting to pass, as well as with another car approaching from the opposite direction.… Snell v. State Page 1075 The plaintiff in error, hereinafter called defendant, was convicted in the district court of Okfuskee county for the crime of manslaughter in the first degree and was sentenced to serve a term of four years in the state penitentiary.… Carlson v. Ozmun Page 1078 Appellant brought this action to recover upon a promissory note, executed and delivered by respondent to appellant's assignor, representing the purchase price of certain machinery.… Bodah v. Coeur D'Alene Mill Co. Page 1079 For some years prior to the accident which gave rise to this proceeding, Henry W.… Dale v. Jaeger Page 1081 On the evening of September 30, 1924, the defendant accompanied by four guests, Brown, Bennett, Steadman and the plaintiff, set out from Sand-point, Idaho, to Spokane, Washington, in a Hudson Speedster touring car owned and driven by defendant.… Steadman v. Jaeger Page 1082 This case is controlled in principle by the decision just announced in Arbie M.… Schwarz v. Taeger Page 1082 The sole question involved in this appeal is whether Otto Henry Schwarz possessed testamentary capacity; his widow, respondent herein, urging that he did not; his brother, Christian F.… Schwarz v. Taeger Page 1085 Appellant Christian F. Schwarz' motion for an allowance of costs, disbursements and attorney's fees incurred as proponent for probate of the will of Otto Henry Schwarz, deceased, which will was contested by respondent, was denied and appellant brings this appeal.… Advance-Rumely T. Co., Inc. v. Wenholz Page 1085 Defendants made no claim for damages either for breach of warranty or for deceit, nor did they rely upon breach of warranty as a defense.… Hand v. Cleese Page 1090 Plaintiffs brought this action to enjoin the defendants from diverting the waters of a stream known as "Johnson's North Canyon," and from interfering in any way with the flow of said waters to plaintiffs' lands through ditches thereon.… This is an application for a writ of mandate to compel the respondent Superior Court and the judge thereof to dismiss an action pending in said court for the foreclosure of a mortgage on real estate and entitled Frank Freeman v. Charles L.… Scott v. Fruit Growers Supply Co. Page 1095 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Webb v. Vercoe Page 1099 This is an appeal from a judgment in favor of plaintiff declaring a resulting trust in real property standing in the name of defendant.… Norton v. Houlette Page 1104 One of the actions herein involved was brought by the guardian of a minor for damages arising out of a personal injury alleged to have been sustained by said minor and to have been caused by and through the negligence of defendant.… Shropshire v. Pickwick Stages Page 1107 This is an appeal by the defendants Pickwick Stages, Northern Division, a corporation, and George L.… People v. Ford Page 1111 The appellant was charged by information with the crime of murder.… Collier v. Lambie-Bate Construction Co. Page 1113 delivered the opinion of the court. The defendant in error, plaintiff below, had judgment for $814.70, including interest, in an action for damages for the conversion of a Galleon sand screen, which was rented to the defendant Collier by the plaintiff company.… Williams v. Hankins Page 1114 THIS is a writ of error to the county court of Boulder county, to review the action of that court in sustaining a demurrer to the petition of plaintiff in error to reopen the proceedings of the conservatorship of Benjamin M.… In Re Morris Page 1116 This is an application for admission to the bar notwithstanding an adverse report of the state board of bar examiners.… In Re Scott Page 1117 This matter was confided to a referee, with directions to take evidence and to make findings upon the issues framed by the petition of the applicant and the answer of respondent thereto.… Shallis v. Fiorito Page 1117 This case was remanded for a new trial because of an erroneous instruction (Shallis v. Fiorito, 41 Idaho 653,240 P.… This is an appeal by Maryland Casualty Company from a judgment rendered on appeal from an award by the Industrial Accident Board against it and Aetna Casualty & Surety Company, respondent, and others, for the death of one Frank Stinger.… In Re Ames Page 1117 Petition for habeas cojrpus filed June 15, 1926, shows that two separate complaints charging burglary were filed before H.… Lambert v. State Page 1118 The plaintiff in error was convicted of the offense of having the unlawful possession of intoxicating liquor, and was sentenced to a term of 30 days in the county jail and to pay a fine of $50.… Gower v. State Page 1118 The petitioner, Cal Gower, filed in this court a verified petition, wherein he alleges that he is unlawfully imprisoned in the county jail of Atoka county, by the sheriff of said county, having been committed after a preliminary examination to answer the district court on a charge of murder, and further alleging that… Messall v. State Page 1118 Plaintiff in error, August Messall, was convicted in the district court of Logan county on an information charging that in said county, on the 18th day of July, 1925, he did feloniously attempt to ravish and carnally know one Martha Beuchaw, a female of the age of 17 years and not his wife, and his punishment *100… In Re Handley Page 1118 Petition for writ of habeas corpus, filed September 24, 1927, shows that petitioner was convicted upon a charge of conspiracy to violate the prohibition laws, and was sentenced to serve a term of two years in the penitentiary and to pay a fine of $10,000, and *86 fixing his supersedeas bond in the sum of $12,000.… Wampler v. State Page 1118 The plaintiff in error was convicted in the county court upon a charge of the.… Wampler v. State Page 1119 The plaintiff in error was convicted in the county court upon a charge of the unlawful sale of intoxicating liquor, and was sentenced to serve a term of 30 days in the county jail and to pay a fine of $2.50.… Gamma Chi Club House Ass'n v. Draham Page 1119 The appellant is a corporation organized under the laws of the state of Washington.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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