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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 73 Opinions in p, volume 73
Randall v. Lingwall Page 1 delivered the opinion. This is a suit to quiet title.… Hawley v. Hawley Page 3 delivered the opinion. This is a suit to compel the specific performance of a contract to convey real property.… Sears v. Daly Page 5 after stating the facts in the foregoing language, delivered the opinion of the court.… delivered the opinion. This case having been here twice before, the statement of facts on the second appeal will suffice to indicate the issues now involved, except it is deemed essential that further notice should be taken of the nature of the separate defenses interposed to the causes of action set up in the… Colbath v. Hoefer Page 10 after stating the facts in the foregoing terms, delivered the opinion.… Cline v. Shell Page 12 delivered the opinion. This is a suit to foreclose a mechanics’ lien.… Middleton v. Moore Page 16 after stating the facts in the foregoing terms, delivered the opinion.… Parke v. Boulware Page 19 This action was brought to recover $500 damages for an alleged wrongful destruction of certain dams alleged to have been situated in appellant’s irrigating ditch, by means 'of which appellant raised water out of his said ditch onto his land for irrigating purposes, and also for a perpetual injunction restraining… This action was brought against the defendants as partners under the firm name of Stuart &.… Snyder v. Murdock Page 22 (after stating the facts).— It is insisted by plaintiff that if the property in question was not exempt to the Easband brothers respectively, so as to be subject to levy and sale by the defendants, that then title to the same passed to the plaintiff under the assignment of all the assignor’s property, except exempt… State ex rel. Nichols v. Wright Page 50 In 1899 a part of the territory of school district No. 22 of Shawnee county was added to the city of Topeka for school purposes.… Sims v. Kennedy Page 51 The opinion of the court was delivered by The Bartholomew Real Estate and Investment Company brought an action against J.… Lyons v. Berlau Page 52 The opinion of the court was delivered by Bernard Korman died in June, 1899.… Kincaid v. Friedman Page 52 There is an attempt to prosecute this proceeding in error upon a transcript.… Patterson v. Cole ex rel. Cole Page 54 The opinion of the court was delivered by This was an action by Richard Cole, a minor, by his next friend, to recover from Patterson & Son, plaintiffs in error, for injuries sustained through the alleged negligence of the latter while Cole was assisting in the operation (of a feed-mill.… The opinion of the court was delivered by This was an action brought on two accounts against the commissioners of Ford county to recover for printing done for said county.… Smith v. Smith Page 56 This was an action by the defendant in error on a petition setting out facts which would warrant the entering of a decree for a divorce and alimony, or for alimony alone, against the plaintiff in error, then her husband.… This is the second time this litigation has been before us.… The opinion of the court was delivered by Summarizing those findings of the jury which were most favorable to the plaintiffs below, it appears that the train was coming east, and that Devine, the foreman, when he warned the men to leave the track, was standing about 300 feet west of the deceased.… Fry v. Boman Page 61 The opinion of the court was delivered by This was an action of forcible detention brought by George A.… In re Stephenson Page 62 The opinion of the court was delivered by This is an original proceeding in habeas corpus.… The opinion of the court was delivered by It was the duty of the Kansas City & Southwestern Railroad Company and its successors in interest fully to perform the conditions of the written contract.… This was an action by Fred Orton to recover for injuries sustained while he was riding on an excursion train.… Fraternal Aid Ass'n v. Powers Page 65 The opinion o£ the court was delivered by Arthur C.… Kastner v. Benz Page 67 The opinion of the court was delivered by One Garverich and one Hanna owned adjoining lots in Salina.… True v. Mendenhall Page 67 The opinion of the court was^delivered by This was an action brought by L.… The opinion of the court was delivered by Section 1 of chapter 892, Laws of 1901, provides “that in all cases in which real estate• has been or shall be sold and bid in by the county at any delinquent-tax sale, and shall remain or shall have remained unredeemed and the certificate of sale untransferred for the period… Jenson v. Lee Page 72 The opinion of the court was delivered by The petition in this case was in the form of a common count for the recovery of the reasonable value of work and labor performed.… Hartshorn v. Smart Page 73 The'opinion of the court was delivered by This was an action of ejectment brought by defendant in error for the recovery of the possession of 160 acres of land, alleged to have been withheld by Hartshorn.… Harter v. Miller Page 74 The opinion of the court was delivered by A guardian of minors, with a fund of $600 in his hands, as the entire assets of his wards, obtained from the probate court of his appointment an order authorizing him to engage in the' general-merchandise business, and to replenish the stock from time to time, as he might find… Griffith v. Manning Page 75 The opinion of the court was delivered by This is an original action in quo warranto.… State v. De Bouge Page 76 The opinion of the court was delivered by The appellant was convicted of a misdemeanor.… In re Lewis Page 77 The opinion of the court was delivered by Oscar Lewis was arrested on a warrant issued April 2, 1903, charging him with having, on June 1, 1902, obtained illicit connection, under promise of marriage, with Nellie Meador, she being of good repute and under twenty-one years of age.… The opinion of the court was delivered by Leathie P.… The opinion of the court was delivered by A large number of persons entered into a contract with the Chicago Building and Manufacturing Company, of Chicago 111., for the establishing of a butter factory and ammonia cold storage at or near the city of Girard.… Clark v. Folscroft Page 86 The opinion of the court was delivered by A cart in which defendant in error was riding came into collision with a buggy occupied by Jphn W.… State v. Davis Page 87 The opinion of the court was delivered by Appellants were convicted on two counts of an information charging illegal sales of intoxicating liquors, and on one count for maintaining a common nuisance under the prohibitory law.… Grimshaw v. Kent Page 92 The opinion of tlie court was delivered by This action was brought by I.… Pinney v. French Page 94 The opinion of the court was delivered by This was an action of replevin brought to recover the possession of certain personal property that had been mortgaged by Charles Whited to S.… City of Emporia v. Burns Page 94 The opinion of the court was delivered by This controversy was before the court for consideration in Burns v. Emporia, 63 Kan.… The opinion of the court was delivered by This action was brought by A.… Board of Education v. Phillips Page 97 The opinion of the court was delivered by This is.a proceeding in error to reverse an order of the district court of Leavenworth county refusing to set aside a temporary injunction *550theretofore granted,, restraining the board of education of the city of Leavenworth from issuing bonds to purchase a site and erect a… Plaintiff in error, as plaintiff below, sought to enjoin defendants from entering upon, and taking possession of, certain lots in the city of Chanute, it *839claiming title thereto.… Johnson v. Ware Page 99 The plaintiffs in error prosecute this proceeding to reverse an order of the district court refusing to grant them a new trial, upon a judgment rendered against them by default upon a cross-petition foreclosing two mortgage liens upon their property.… Groenmiller v. Kaub Page 100 This action was brought in justice’s court by George Groenmiller against Jacob Kaub to recover damages alleged to have been sustained by plaintiff in consequence of a trespass committed by the chickens of defendant upon the real estate of plaintiff.… Guernsey v. Davis Page 101 The opinion of the court was delivered by The petition in this action charged that the Guaranty Investment Company was a corporation which had been engaged in making loans on real estate, and that the plaintiff, Davis, was its duly appointed and acting receiver; that the defendant, Millikan, was an agent of the… Good-eye Mining Co. v. Robinson Page 102 *511The opinion of the court was delivered by This was an action brought by the administratrix of the estate of Martin L.… The opinion of the court was delivered by This action was brought to recover taxes and interest paid under protest by the plaintiff in error to the treasurer of Miami county.… The opinion of the court was delivered by Robert Parry was a passenger on the Santa Fe railway going from Purcell, I.… Martin v. Stewart Page 107 The opinion of the court was delivered by On September 29, 1900, an application was made to the probate judge of Kingman county for the appointment of a guardian of the person and estate of Mrs. A.… The opinion of the court was delivered by Several grounds of error are alleged.… Lee v. Missouri Pacific Railway Co. Page 110 The opinion of the court was delivered by Ingalls X.… The opinion of the court was delivered by The plaintiff was a brakeman on one of defendant’s freight-trains, and received injuries in alighting from the train while it was in rapid motion, for the purpose of closing a switch.… Johnson v. Richardson Page 113 The opinion of the court was delivered by Moses W.… Mutual Home & Savings Ass'n v. Worz Page 116 The opinion of the court was delivered by This was an action brought by the Mutual Home and Savings Association against Felix Worz and his wife to recover on a certain *507bond and mortgage executed by them for the sum of $900, on which there was alleged to be due $762.56, with interest at the rate of six per cent… Allen v. Reely Page 118 prepared tbe opinion for tbe court. Appellant’s brief fails to comply with tbe provisions of Subdivision “a,” Subsection 3, of Rule X, of tbe Rules of tbis Court.… Doty v. McClusky Page 118 delivered the opinion of the court. Plaintiff brought this action to compel the defendant Me-.… Lawrence v. Westlake Page 119 after stating the case, delivered the opinion of the court.… Corby v. Abbott Page 120 prepared the opinion for the court. Action for partnership accounting.… Foster v. Bender Page 121 prepared tlie opinion for tlie court. This action was brought for the purpose of canceling a tax deed affecting certain real property in the city of Butte, which was sold April 1, 1895, by the treasurer of Silver Bow county to Fergus F.… Emerson v. McNair Page 121 prepared the opinion for the court. This is an appeal from an order setting aside a judgment taken against the defendants by default.… Finlen v. Heinze Page 123 after stating the case, delivered the opinion of the court.… Cook & Woldson v. Gallatin Railroad Page 131 after stating the case, delivered the opinion of the court.… Mark Means Transfer Co. v. Mackinzie Page 135 This case is here for review on appeal from an order of the district court, Nez Perce county, dissolving and discharging an attachment.… Dunn v. Hearst Page 138 This is an action for libel against defendant as proprietor of the Examiner, and is the outgrowth of a publication in that journal of plaintiff's alleged presence as timekeeper at a brutal prize-fight in San Mateo County.… Denman v. Webster Page 139 By the Political Code boards of education are given power, among other things, "to prescribe and enforce rules .… McKibbin v. McKibbin Page 143 Plaintiff brings the action for divorce on the ground of extreme cruelty, and had the judgment, from which and from the order denying his motion for a new trial defendant appeals.… Smith v. Hicks Page 144 This was an action to recover the possession of land.… Wright v. Superior Court Page 145 The petition for the writ in this case states that on the 28th of March, 1902, Myra E.… In Re Gow Page 145 A writ of habeas corpus was issued upon a petition in behalf of P.… Snell v. Bradbury Page 150 This is an appeal from a judgment in favor of the defendant, given upon an order sustaining a general demurrer to the complaint.… Frowenfeld v. Casey Page 152 This action was brought by plaintiff for the purpose of enjoining the defendant from adding a seventh story to a party-wall between the lands of the plaintiff and the lands of the defendant.… People v. Landis Page 153 The appellant was tried and convicted upon an indictment for the crime of forgery in the superior court of Butte County, and from said judgment of conviction and from the order overruling his motion for a new trial prosecutes this appeal.… In Re Cowden Page 156 The petitioner was imprisoned and confined in the county jail of the city and county of San Francisco, on a commitment of the superior court of said city and county, entered on the eighth day of May, 1903, as for contempt of court.… Hesser v. Rowley Page 156 Appeal by the plaintiff from an order denying her motion for a new trial.… Hillebrand v. Standard Biscuit Co. Page 163 This is an action to recover damages for the death of Minnie B.… Kahn v. Triest-Rosenberg Cap Co. Page 164 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Action to recover twenty-five hundred dollars upon a policy of life insurance.… This is an appeal from a judgment in a suit for mandamus, requiring the defendant to issue to plaintiff a barber’s license, as required by act of February 20, 1901, “To regulate the practice of barbering,” etc.: Stats.… Guss v. Nelson Page 170 Opinion of the court by Action commenced in the district court of Logan county by the defendant in error against the plaintiffs in error to recover the sum of $4,500.00 upon the following contract: "Memorandum of agreement made and entered into this 28th day of May, 1900, to wit, as follows: J.… Plaintiff administrator brought this action to recover the sum of one thousand dollars, which, it was alleged, belonged to the estate of his intestate, and had been converted by the defendants to their own use.… County of San Luis Obispo v. Gage Page 174 This was a proceeding against the defendants in their capacity as ex officio members of the state board of examiners.… Daneri v. Gazzola Page 179 Appeal from judgment and order denying defendants' motion for a new trial.… Drathman v. Cohen Page 181 This is an action against the defendants to recover damages suffered by the plaintiff from the alleged negligence of the defendants.… Heath v. Wilson Page 182 When this case was in Department, the foregoing opinion was prepared.… Estate of Heaton Page 186 This is a motion to dismiss an appeal. The order appealed from settled the account of a special administrator as presented, and directed him to pay the balance in his hands to another person described as special administrator.… Beach v. Von Detten Page 187 This is an appeal by plaintiff from a judgment denying his application for a writ of mandate against defendant as county auditor.… Contra Costa Water Co. v. Breed Page 189 This is a proceeding in mandamus, instituted in the superior court to obtain a writ of mandate compelling the defendant, as auditor of the city of Oakland, to audit and draw his warrant for certain claims of plaintiff against said city.… Davidson v. Von Detten Page 189 This case involves the constitutionality of the County Government Act of 1901.… Cowdery v. London Etc. Bank Page 196 This is an appeal by the plaintiff from a judgment in favor of the defendant, and from an order denying the plaintiff's motion for a new trial.… Ferguson v. Kaboth Page 200 delivered the opinion. This is a suit to quiet title to real estate.… Beaver Lumber Co. v. Eccles Page 201 after stating the facts in the foregoing terms, delivered the opinion.… McFarlane v. McFarlane Page 203 delivered the opinion. This is a proceeding to alter a decree.… Willey v. Decker Page 210 This cause was submitted to the District Court sitting within and for the County of Sheridan upon an agreed statement of facts, and thereupon that court ordered certain important and difficult questions arising in the case to be reserved for the decision of this court.… Farrell v. Larsen Page 227 The plaintiff, who was ;a rival, candidate, brought this action to contest the election of the defendant to the office of county clerk of Cache county, Utah.… after stating the case, delivered the opinion of the court.… The above-entitled action and certain four others were brought in the superior court of the city and county of San Francisco for the foreclosure of mechanics' and materialmen's liens on the land described in the complaint.… Raphael Weill & Co. v. Crittenden Page 238 This is an appeal by defendant from a judgment in favor of plaintiff.… Estate of Willard Page 240 Appeal by the heirs at law of deceased from the amended decree of settlement of account and final distribution, in so far as the account allows the sum of one thousand dollars to the administrator for the services of one F.B.… Barnum v. Cochrane Page 242 This is an appeal by the defendant McLeod from an order denying his motion to enter satisfaction of the judgment.… Boone v. Oakland Transit Co. Page 243 This is an action to recover damages for personal injuries to the plaintiff Ollie Boone.… Jacks v. Estee Page 247 This is an appeal by defendant from a judgment foreclosing a mortgage, or alleged mortgage, of his intestate, Mrs. Maria T.… Murphy v. Hood & Lumley Page 261 Opinion of the court by This was an action brought by Hood and Lumley, defendants in error, against the plaintiff in error in the district court of Lincoln county, to recover the value of a certain stock of goods and merchandise alleged to have been wrongfully attached by the defendants in error and converted to their… Lawton v. Nicholas Page 262 STATEMENT OF FACTS. On the 8th day of November, 1892, H.… Phillips v. Thorp Page 263 *618 Opinion of the court by This is an action brought originally in.… Bedwell v. Ross and Ross Page 267 STATEMENT OF FACTS. This action was commenced in the district court of Woods county by filing in the clerk's office of said court on the 25th day of June, 1902, a petition for injunction, and a summons was issued for defendants.… Opinion of the court by The sole question in this case is as to whether or not error was committed by the trial court in dissolving the attachment which was procured by the plaintiff at the beginning of the case.… Opinion of the court by In the consideration of this case it is hard to lose sight of the equities appearing in the record in favor of the plaintiff.… Opinion of the court by This is a proceeding in mandamus brought in the district court of Kiowa county by the Territory of Oklahoma on the relation of L.… Swartzburg v. Dickerson Page 282 Opinion of the court by This was an action commenced in the district court of Pottawatomie county by the plaintiff in error, *Page 567 against W.… STATEMENT OF FACTS. Plaintiffs in error began this suit in the district court of Logan county, O.… STATEMENT OF FACTS. Plaintiffs, John S. Allen and Ed C.… STATEMENT OF FACTS. On the 6th day of November, 1898, plaintiff in error filed with the board of county commissioners of Noble county, a petition signed by himself and sixteen others, praying the said commissioners: *Page 22 "To locate and survey a road on the following route, viz: Commencing at the southeast corner… Opinion of the court by The principal contention of plaintiff in error, and the main grounds on which a reversal is sought in this case, is that the court below tried the case on a wrong theory: That the trial of the case in the court below under the instructions of the judge of that court, was upon the theory that… Rolator v. King Page 291 Opinion of the court by This is an action commenced in the probate court of Oklahoma county by the plaintiff in error, plaintiff in the court below, against the defendant in error, to recover $121 for professional services.… Megreedy v. MacKlin Page 293 STATEMENT OF FACTS. On the 4th day of August, 1900, William R.… Greeley v. Greeley and Greeley Page 295 Opinion of the court by This action was originally commenced in the probate court of Noble county, by the plaintiff in error against the defendants in error, to recover the sum of $359.25 alleged to be due her from the defendants for the rent of certain described premises, for the year 1901.… Opinion of the court by This is an original proceeding in this court brought by the territory, on relation of Herbert D.… Farmer's State Bank v. Spencer Page 297 STATEMENT OF FACTS. This was an action in replevin instituted in the district court of Garfield county by Martha Spencer, plaintiff, against the Farmers State bank and Frank Whetsell, defendants, wherein the plaintiff claims that she is the owner and entitled to the immediate possession of certain personal property… Farmers' Trust Co. v. Treeman Page 300 Opinion of the court by The plaintiff in error insists upon a reversal of this case upon three grounds: *614 1.… Estes v. Timmons Page 303 STATEMENT OF FACTS. This is an action in equity to declare a trust, and grows out of proceedings in the United States land office between *Page 538 the parties relative to their respective rights to make homestead entry to the south half of the southeast quarter of section eighteen, township ten north, range four east… Racey v. Racey and Davis Page 305 STATEMENT OF FACTS. Myrtle A. Racey, one of the defendants in error, on the 2nd day of November, 1900, instituted in the district court of Grant county, Oklahoma Territory, an action for divorce against Clement L.… Jordan v. Smith Page 308 STATEMENT OF FACTS. On the 12th day of October, 1893, plaintiff in error settled upon the south half of southwest quarter of section 3, township 23, north, range 7 west I.… Tootle v. Kent Page 310 STATEMENT OF FACTS. The facts upon which this action is based are substantially as follows: On October 9, 1897, D.C.… Wagner v. Dorris Page 318 after stating the facts, delivered the opinion of the court.… State v. Neilon Page 321 delivered the opinion. The defendant was sheriff of Lake County from July 5, 1898, to July 2, 1900, and Lane, Beall, and Houston were his deputies.… McFarlane v. Cornelius Page 325 after stating the facts as above, delivered the opinion of the court.… Geldard v. Marshall Page 330 after stating the facts in the foregoing language, delivered the opinion of the court.… Schmidtke v. Keller Page 332 delivered the opinion. 1. This case seems to have been instituted as an action at law to recover the purchase price named in a mutual agreement entered into between the parties, whereby the plaintiffs, for the consideration of $167.50, to be paid by the defendant on or before the 6th day of February, 1902, agreed to… State v. Gibson Page 333 delivered the opinion. The defendant appeals from the judgment of the circuit court, rendered upon his conviction of the crime of murder in the first degree, alleged to have been committed by shooting one B.… Arnold v. Smith Page 336 On Motion to Dismiss the Appeal. delivered, the opinion.… Reid v. Alaska Packing Co. Page 337 after stating the facts in the foregoing language, delivered the opinion.… Tolsma v. Adair Page 347 The opinion of the court was delivered by This action was brought by respondent against appellants to recover possession of the second story of the building designated as FTo.… Powell v. Nolan Page 349 The opinion of the court was delivered by This is an appeal from an order denying a ■ motion, made upon special appearance, to quash a service *404of summons.… Carlisle v. Chehalis County Page 349 The opinion of the court was delivered by Appellants brought this action to recover from the respondent, Chehalis county, the sum óf $431.10, which was by them paid as taxes to said county.… Ash v. Clark Page 351 The opinion of the court was delivered by This is an action to recover upon two checks issued by one James Clark in his life time, for $1,000 and $500 respectively.… The opinion of the court was delivered by This is a second appeal of this cause.… State v. Snider Page 355 The opinion of the court was delivered by The appellant and one Julius Snider were jointly tried in the superior court of Skagit county upon an information charging and alleging that:- “The said Matt Snider and Julius Snider, in the county of Skagit, state of Washington, on the 9th day of August, A.… State v. Carpenter Page 357 The opinion of the court was delivered hy The appellant was informed against for the crime of rape, alleged to have been committed upon the person of one Georgie Carpenter, his daughter, a female child under the age of eighteen years.… McKee v. McKee Page 358 The respondent, who was plaintiff below, commenced an action in the superior court of Walla Walla county, averring-, in substance, that she was the executrix and devisee of a certain will left by her deceased husband; that doubts and controversies had arisen as to her rights and title thereunder, and that she was… Jones v. Western Manufacturing Co. Page 359 The opinion of the court was delivered by This-action was before this court at a former session, and will he found reported in 27 Wash.… Irwin v. Holbrook Page 360 The opinion of the court was delivered by This is the second appeal in this cause.… Darrow Investment Co. v. Breyman Page 363 *235The opinion of the court was delivered by This is an action to recover commissions on a sale of real estate.… Tait v. Pigott Page 364 *345The opinion of the court was delivered by Appellant, as receiver of the Bay Lumber and Shingle Company, a corporation organized under the laws of Washington, brought this action against respondent.… State v. Scott Page 365 The opinion of the court was delivered by The appellant was convicted of the crime of rape, and appeals from the judgment and sentence pronounced against him.… Thomas v. Lincoln County Page 367 The opinion of the court was delivered by Respondents’ motion to strike the statement of facts and dismiss this appeal must be granted.… Rothchild Bros. v. Rollinger Page 367 Tlie opinion of tfie court was delivered by Action to remove cloud, quiet title, and obtain possession of certain real estate in Kittitas county.… Smith v. Newell Page 369 The opinion of the court was delivered by In the years 1893 and 1894 block 90 of Sylvester’s Plat to the city of Olympia was owned by one person, and was assessed for each of those years at a valuation exceeding two thousand dollars.… Traves v. McLees Page 371 This was an action to remove a cloud, from the title to certain real estate.… Poler v. Poler Page 372 The opinion of the court was delivered by A decree of divorce was granted by the court below in favor of the plaintiff.… Union Bank v. Nelson Page 372 The opinion of the court was delivered by This is an action upon a promissory note.… State v. Durbin Page 373 The opinion of the court was delivered by Fullerton, C.… Johnson v. Douglas Page 374 Appellant brought this action in the superior court of Spokane county to recover the sum of $500 deposited with the respondent.… State v. Tieman Page 375 The opinion of the court was delivered by This is a bastardy proceeding, begun in the superior court of Skagit county by one John Jungquist, who alleged in his complaint that an unmarried woman (naming her) was pregnant with child, which, if born alive, would be a bastard, and charged the appellant with being the… Carmack v. Drum Page 377 The opinion of the court was delivered by This is an action to recover upon a supersedeas bond given in a case on appeal to this court.… Cannon v. Snipes Page 379 The opinion of the court was delivered by Appellant petitioned the superior court of Kittitas county for an order directing the receiver of the estate of Ben E.… Wax v. Northern Pacific Railway Co. Page 380 The respondent, who was plaintiff below, brought this action against the Northern Pacific Railway Company and C.… Kinnear v. Moses Page 380 The opinion of the court was delivered by Plaintiff brought this action against defendant, Sarah Moses, to recover one-half the cost of a party wall, under a party wall agreement.… Rogers v. Trumbull Page 381 The opinion of the court was delivered by On September 8, 1902, the superior court for Jefferson county rendered a judgment against appellant and in favor of respondent foreclosing two certificates for delinquent taxes upon real estate.… The plaintiff in this action recovered a judgment against defendant in the court below for the sum of $200, being the value of two horses killed by defendant on its line of railway.… Hobert v. City of Seattle Page 383 *332The opinion of the court was delivered by This action was brought by respondent against appellant, the city of Seattle, to recover damages for injuries alleged to have been received through the negligence 'of appellant.… Bailey v. Cascade Timber Co. Page 385 The opinion of the court was delivered by Appellant was employed by respondent as the engineer of what is known as a “donkey steam engine.” The engine was operated in respondent’s logging camp for the purpose of moving and loading logs.… The opinion of the court was delivered by The respondents applied to tbe superior court of Garfield county for a writ of mandate directed to tbe appellant corporation, commanding it to give respondents track connection with its railway line at tbe city of Pomeroy, Washington, in such a manner as to furnish respondents… State ex rel. Evers v. Byrne Page 394 The opinion of the court was delivered by A petition was filed in the superior court by relator, the respondent here, asking the issuance of a writ of mandate directed to the appellants, requiring them as county commissioners, to make the necessary levy to provide for the payment of accrued interest upon certain… The reeord in this cause presents no question for our consideration.… Pima County v. Martin Page 399 Martin is clerk of the district court of the first judicial district.… Miller v. Green Page 399 The appellee recovered judgment in the court below against the appellant for legal services in the sum of five hundred dollars.… Hargrave v. Hall Page 400 The pleadings and statement of facts show that Lon D.… Rand, McNally & Co. v. Hartranft Page 401 The opinion of the court ivas delivered by This case was once before in this court on another appeal.… Brummett v. Campbell Page 403 The opinion of the court was delivered hy This action was originally instituted by If.… Wusthoff v. Schwartz Page 407 The opinion of the court was delivered by Appellants brought this action to recover damages by reason of an alleged eviction from a tenement occupied by them as tenants under respondent.… Tarpey v. Madsen Page 411 This is an action of ejectment. The answer denies the alleged title of the plaintiff, pleads the statutes of limitation, and also alleges, in substance, that the said D.… Anderson v. Mammoth Mining Co. Page 412 This suit was brought by Frank Anderson against the Mammoth Mining Company for damages for injuries alleged to have been sustained by the plaintiff through the negligence of the defendant.… State v. Haworth Page 413 The defendant after his arrest made a written confession .of the murder with which he was charged, and was convicted of murder in the first degree, and sentenced to be shot.… Howard v. Hewitt Page 414 This is an appeal by defendants from a judgment in favor of plaintiff.… Ingraham v. Weidler Page 415 Action to recover certain personal property, or the value thereof, alleged to have been wrongfully taken by defendant, as constable, under an attachment against persons other than plaintiff, and damages for the wrongful taking, etc.… People v. Mathews Page 416 Defendant was convicted of the crime of rape, charged with having been committed upon the person of a girl under the age of consent.… Levy v. Superior Court Page 417 On December 30, 1901, the superior court, respondent herein, made and entered an order in the matter of the estate of Henry Levy, deceased, setting apart as a homestead to the petitioner herein, Pauline Levy, widow of the deceased, certain described premises for the period of her widowhood.… Maher v. Wilson Page 418 Action for false imprisonment. Plaintiff had judgment, and defendants appeal therefrom and from an order denying a new trial.… White v. Stevenson Page 421 The respondent moves to dismiss the appeals of the plaintiff herein, on the ground that the only undertaking filed is conditioned for the payment of all damages that may be awarded against the appellant on the appeals or on a dismissal thereof.… John A. Robbling's Sons Co. v. Gray Page 422 This is an appeal from a judgment in favor of plaintiff, and the point relied on for a reversal is to be determined from an examination of the judgment-roll, solely, as it is unaccompanied by any bill of exceptions or statement on motion for a new trial.… People v. Parent Page 423 Defendant was convicted of perjury, moved for a new trial, and in arrest of judgment, and from the orders denying them both appeals.… Estate of Johnson Page 424 There are two appeals, the one taken by resident nephews and nieces, the other by non-resident nephews and nieces, citizens of sister states.… Knox v. Buckman Contracting Co. Page 428 This is an appeal by the defendants from a judgment in favor of plaintiff, brought here on the judgment-roll alone.… Crocker v. Dougherty Page 429 This is a suit to quiet title to land. The judgment in the court below was for plaintiff.… Schilling v. Buhne Page 431 Plaintiff, an attorney-at-law, commenced an action in the superior court of the city and county of San Francisco to recover for legal services alleged to have been rendered to defendant.… Wagoner v. Silva Page 433 This is an action for damages alleged to have been caused by the unlawful and wrongful entry of defendant on plaintiffs' land and cutting the timber growing thereon and converting the same to defendant's use.… Durfee v. Seale Page 435 This action is brought for a balance upon an alleged contract, made in 1893, for breeding, training, feeding, and shoeing six brood mares, the property of the appellant, Thomas Seale.… City of Monterey v. Jacks Page 436 Actions to quiet title. Monterey at the date of the cession of California to the United States was a Mexican pueblo, and, by special concession from the Spanish crown, was entitled to more than the four square leagues of land generally allotted to pueblos.… Lemon & McCabe v. Ward Page 443 In this case the appellees recovered judgment against the appellants in the sum of one hundred and fifty dollars, interest and costs.… Doran v. Lose Page 443 This action was to remove a cloud on the title of the appellee, as administrator of the estate of W.… Brash v. White Page 445 This is an action by the. plaintiff against defendant for damages claimed to have been suffered by reason of the defendant cutting an irrigating ditch of plaintiff and diverting water therefrom, thereby injuring the crop of plaintiff.… Rees v. Rhodes Page 446 Appellant denominates this a “suit in equity” to declare a deed absolute upon its face, and a defeasance given by appellee to appellant simultaneously with the delivery of the deed, a mortgage.… County of Cochise v. Ritter Page 448 A motion to dismiss the appeal in this action was made by appellees, upon the ground that there is no assignment of error in the record.… Schnittger v. Rose Page 449 This is an action in unlawful detainer brought under subdivision 3 of section 1161 of the Code of Civil Procedure, to have a lease under which defendant Rose held possession of certain lands in Sonoma County, declared forfeited.… Mersfelder v. Spring Page 452 The suit was brought to recover possession of land described in the complaint.… Buttle v. Wright Page 454 This is a petition for a writ of mandate.… Delatour v. MacKay Page 454 This action was prosecuted by plaintiff to obtain damages for the death of her minor son.… Mock v. Los Angeles Traction Co. Page 455 Action to recover damages for the death of plaintiff's son, seven years of age, caused by his being run over by one of the defendant's electric street-cars in the city of Los Angeles.… Thurgood v. Spring Page 456 The action here grows out of the same transaction as that in the case of Mersfelder v. Spring, ante, p.… This is an action by plaintiff to recover money paid by mistake upon a raised check.… Times Publishing Co. v. Weatherby Page 465 This is an appeal by plaintiff from a judgment in favor of defendant in a proceeding in mandamus to compel the defendant, as treasurer of the city of Eureka to pay a warrant duly drawn upon him in favor of plaintiff for $239.20 for printing done by plaintiff for the city.… Buelna v. Ryan Page 466 This action was brought to recover damages for breach of contract to marry.… In re Sanford's Estate Page 466 An appeal was taken to this court in the above estate from an order denying a motion for a new trial of the application for final distribution of the estate of said decedent.… This action was brought to recover the sum of five hundred dollars and interest.… Nelson v. O'Brien Page 469 Action of ejectment. Appeal from judgment in favor of plaintiff.… Baker v. Baker Page 469 In this case the plaintiff obtained a decree of divorce from defendant on the ninth day of November, 1896, and by said decree it was adjudged that the care, custody, and education of three minor children of the marriage be awarded to the mother until the further order of the court, and the father was directed to pay… State ex rel. Chatterton v. Grant Page 470 The sole question involved in this case is whether the relator is entitled to receive the salary provided and appro*4priated by law for both the offices of Governor and Secretary of State.… The opinion of the court was delivered by Prior to June 6, 1903, the town of Bremerton, a municipal corporation of the fourth class, had issued to relators a license to retail spirituous and malt liquors within the limits of said town at a place therein designated.… Carnes v. King Page 479 In this action the appellant sued to have a deed executed hy himself to the respondent, King, on March 6, 1896, declared a mortgage and for certain other relief following as an incident thereto and flowing therefrom.… The opinion of the court was delivered by The petitioner brought an action to recover the posession of certain premises sold under a judg*499ment obtained in the superior court of King County J une 7, 1899, and affirmed by this court January 19, 1900.… Smith v. White Page 480 *416The opinion of the court was delivered by Respondents, as the holders of certain tax certificates, brought foreclosure suit thereon, making appellants, as owners of the land, defendants, and obtained judgment June 28, 1901.… Carratt v. Carratt Page 481 The opinion of the court was delivered, by Henry B.… Bank of Montreal v. Buchanan Page 482 The opinion of the court was delivered by The.… The opinion of the court was delivered by On February 12, 1894, Columbus McDonnell and Margaret McDonnell, who were then husband and wife, were the owners of 391.48 acres of land situate in Clarke county, in this state, all of which was suitable for the culture of prunes.… The opinion of the court was delivered by On March 2, 1901, the respondents, doing business at Ballard, Washington, as the Ballard Boiler Works, entered into a contract in writing with the representative of the appellant by the terms of which they undertook to build for the appellant a marine boiler of the Clyde type… Easson v. City of Seattle Page 496 The opinion of the court was delivered by On and prior to November 25, 1901, the respondent was an employee of the city of Seattle, appointed and qualified under its civil service rules and regulations, in the capacity of night clerk in the police department of said city.… The opinion of the court was delivered by This is an action to recover damages for the loss of two cows belonging to «respondent, and killed by appellant’s train of cars upon its railway track.… The opinion of the court was delivered by This is an action of ejectment brought under § 5500 of the Code (Ballinger’s), in which the appellant, who was plaintiff below, seeks to recover the possession of and quiet its title to certain real property situated in the city of Seattle.… Selby v. Vancouver Water Works Co. Page 504 The opinion of the court was delivered by This is an action to recover damages for personal injuries occasioned as the result of the negligence of defendant.… In re Dietrick Page 506 The opinion of the court was delivered hy The petitioner applied to this court for a writ of habeas corpus.… Lewis v. Bateman Page 509 After stating the facts, delivered the opinion of the court.… Paulson v. Lyon Page 510 after stating the facts, delivered the opinion of the court.… Hoggan v. Cahoon Page 512 This action was commenced in the district court of Sanpete county on November 9, 1901, to recover from the defendant the sum of $290.35 and interest, alleged to be due on an implied contract of indemnity.… The plaintiff; seeks to recover for personal injuries which lie alleges were eansed by the negligence of the defendant.… Copley v. Union Pacific Railroad Page 517 after stating the facts, delivered ■the opinion of the court.… Fields v. Daisy Gold Mining Co. Page 521 On July 28, 1900, Seward H. Fie]ds, as trustee, filed his complaint in the district court of Tooele county, Utah, to foreclose a certain trust deed given by the Daisy Gold Mining Company, a corporation of the State of Nebraska, and in which action numerous lienholders were made parties, and A.… after stating the foregoing facts, delivered the opinion of the court.… Stevens v. Hall Page 527 The plaintiff, appellant, commenced his action in the district court of Bear Lake county against the defendants, praying for a judgment for the sum of $1,888.28, with interest at the rate of ten per cent per annum and costs of suit.… Wallace v. Mayor of Reno Page 528 The facts sufficiently appear in the opinion.… Gleason v. Hawkins Page 533 The opinion of the court was delivered by The appellant, plaintiff below, brought this action to foreclose a mortgage upon certain real property situated in King county, Washington.… Metler v. Metler Page 535 The opinion of the court was delivered by On January 17, 1902, the appellant obtained a decree of divorce from the respondent in an action in which no personal service of summons was had, the summons being served by publication.… Woodham v. Anderson Page 536 The opinion of the court was delivered by The plaintiff in this action as the holder of a delinquency tax certificate, brought this suit to foreclose the same.… In Re Estate of Calef Page 539 Finis E. Johnson, proponent, filed a petition in which he prayed that a certain document, called the "will," dated and executed September 23, 1896, and a certain other document, dated and executed May 15, 1899, called the "codicil" of said will, be together probated as constituting the last will and testament of the… Wickersham v. Wickersham Page 541 The appeal in each of the above cases is from a probate order in the estate of I.G.… Flinn v. Gouley Page 542 The action was brought to foreclose the lien of a street assessment.… Ambrose v. Drew Page 543 This is an action to foreclose a mortgage given to plaintiff and appellant by the defendant Mahulda C.… Freeburgh v. Lamoureux Page 545 On behalf of one of the defendants in error, a motion is filed in this cause to strike the bill of exceptions from the *43record on the ground that it sets forth only such exceptions as could have been reviewed by the trial court on a motion for a new trial, and that the bill fails to show that such motion was either… Younger v. State Page 551 The plaintiff in error, Ed Younger, was informed against in the District Court for the County of Big Horn for the crime of grand larceny; the information charging him with having stolen four horses of the value of $300, the property of one Emereth A.… Keffer v. State Page 556 The plaintiff in error was found guilty of murder in the first degree and sentenced to death.… State v. Mortensen Page 562 after a statement of the case as above, delivered the opinion of the court.… O'Neil v. McLennan Page 576 This action was brought to dissolve the partnership existing between the plaintiff and the defendant, to have a receiver appointed,, the partnership property sold, and the debts paid.… Santa Rosa Bank v. White Page 577 This is a suit on a promissory note of the appellant and the other defendants, for the sum of $3,675.53, with interest, etc.… In Re Estate Hamilton Page 578 Appeal from a decree settling the final account of W.T.… Appeal from the order granting plaintiff's motion for a new trial.… Adams v. Doyle Page 582 This is a proceeding in mandamus to compel the defendant, as auditor, to draw his warrant on the county treasurer for $202.05, claimed to be due the petitioner for his salary as sheriff of said county for the month of January, 1903.… Miller v. Thompson Page 583 This is an appeal on the findings from a judgment for the plaintiff and certain of the defendants.… McPhee v. Townsend Page 584 This is an appeal from the order of the trial court refusing on defendants' motion to discharge certain writs of attachment.… Magner v. Crooks Page 585 This is an appeal from an order made and entered by the trial court in proceedings supplementary to execution.… People v. Lonnen Page 586 The defendant was convicted of grand larceny, and appeals from the judgment of conviction and from an order denying him a new trial.… Ah King v. Police Court Page 587 Petition for writ of prohibition. The only question to be determined in this case is whether certain statutes relating to the preservation of fish and game are invalidated by the constitutional provision requiring acts of the legislature to embrace but one subject.… Certain four defendants appeal from an order denying their motion to change the place of trial from Sacramento County to Alameda County, the place of their alleged residence.… Fountain Water Co. v. Superior Court Page 590 This is an application for a writ of review.… Holtum v. Germania Life Ins. Co. Page 591 This is an appeal from an order granting a new trial.… Tonkin v. Winzell Page 593 The facts sufficiently appear in the opinion.… Stanley v. Stanley Page 596 The opinion of the court was delivered by The respondent brought this action in the court below to recover from the appellant and William M.… Burns v. Superior Court Page 597 This is a proceeding in certiorari, to review an order of the superior court of the city and county of San Francisco, adjudging the petitioner guilty of contempt.… In Re Estate of Pichoir Page 604 Motion to dismiss appeal. For the reasons given in the opinion heretofore delivered on this motion (post p.… In Re Estate of Pichoir Page 606 This is an appeal by Ida Amadi, who is admitted to be the sole heir at law of Henry Pichoir, deceased, from an order of distribution by which the whole of the estate of said decedent is distributed to certain persons named as trustees in a duly probated will of the decedent.… People v. Morton Page 609 The appellant and one Robert Stokes were jointly indicted for the crime of robbery from the person of one William Hickling.… OPINION OF THE COURT. The above cases are both before this court to review the same judgment, the former being a direct appeal by defendants, and the latter a cross-appeal by plaintiffs, and will be considered together.… OPINION OF THE COURT. This is the second time that the matter involved in this case has been before us for hearing.… Field v. Sammis Page 617 OPINION OF THE COURT. 1 If the decision of this case rested upon the status existing on the 29th day of April, 1897, when the receiver recovered his judgment against Sammis, the intervening petitioner would have no standing in court under sections 2947-8-9, Compiled Laws, 1897.… Two questions are presented on this appeal, one upon the statute of limitations, and the other with respect to the allowance of attorney's fees.… after stating the facts delivered the opinion of the court.… McCall Co. v. Jennings Page 639 after stating the facts, delivered the opinion of the court.… Christoffersen v. Craghead Page 639 This cause was tried before a jury, as advisory to the court, May 25, 1901, and the court thereupon decreed plaintiff to be the owner of certain lands and water rights, and perpetually enjoined defendant from interfering therewith, and further awarded plaintiff his costs.… Gibbs v. Gibbs Page 641 This is an action of divorce, and was instituted in Millard county.… Lost Creek Irrigation Co. v. Rex Page 660 TMs case involves the ownership of the waters of Lost creek, Sevier county, Utah.… Ex Parte Wonacott Page 661 Petitioner applies for a writ of mandate requiring respondents, as commissioners of Nye county, to carry out the provisions of an act passed by our last legislature (Stats.… This is an appeal by the plaintiff from a judgment in favor of the defendant in an action to foreclose a street assessment.… King v. Branscheid Page 668 The opinion of the court was delivered hy The complaint in this action alleges that the plaintiff is the owner and in possession of certain real *636estate, therein described, situated in Pierce county, state of Washington; that on the Tth day of March, 1901, the defendant caused to be filed in the office of the… *591The opinion of the court was delivered by This is an application for a writ of certiorari to review the judgment of the superior court of Skagit county dismissing the petition of the Samish itiver Boom Company to condemn-certain lands situate at or near the mouth of the Samish river, in said county.… Wagner v. Mahrt Page 675 *543The opinion, of the court was delivered by Respondents brought this action to restrain appellant, as road supervisor, from entering upon their premises, and tearing down fences built across what appellant claims is a public highway.… Marsh v. Marsh Page 676 The opinion of the court was delivered by Appellant, Agnes W.… Schmitz v. Kirchan Page 678 The opinion of the court was delivered by This is an action to recover damages for injuries received from an assault and battery.… The opinion of the court was delivered by Action for personal damages.… 'The Keene Guaranty Savings Bank brought an action against Abram E.… Coolidge v. Schering Page 682 The opinion of the court was delivered by Prior to January 26, 1898, the Sehome Improvement Company, a corporation, was the owner of section 11, township 31 H., of range 4 E., W.… McMillan v. North Star Mining Co. Page 685 The opinion of the court was delivered by Respondent brought this suit against the appellant to recover damages for injuries received while he was working in appellant’s mine.… Eidemiller v. Elder Page 687 *608The opinion of the court was delivered by This suit is brought to enjoin the enforcement of a judgment rendered against appellants in garnishment proceedings.… Sanders v. Stimson Mill Co. Page 688 The opinion of the court was delivered by This is an action brought by the appellant against the respondent to recover damages for injuries sustained by appellant while engineer upon the steam tug “Tillicum,” owned by respondent, the allegations of the complaint being that respondent unlawfully permitted a party of… State ex rel. Hill v. Gardner Page 690 The opinion of the court was delivered by This is a mandamus proceeding to compel the sheriff of Lincoln county to release to the relator certain personal property which has been seized by the sheriff and taken into his possession by virtue of a writ of attachment.… O'Neile v. Ternes Page 692 The opinion of the court was delivered by This action was brought by Florence O’Heile (appellant) to rescind and set aside a sale of one hundred shares of the capital stock of the Tacoma Carriage & Baggage Transfer Company, a corporation, which were bequeathed to her by John M.… Voss v. Bender Page 697 The opinion of the court was delivered by This is an action upon an attachment bond.… Kennedy v. Trumble Page 698 The opinion of the court was delivered by It is, we think, a sufficient statement of this case to say that the respondent purchased the land in controversy on the 10th day of Hovember, 1900, at sheriff’s sale, she having had a lien upon said land for the sum of $1,500 and certain costs.… Simmons v. Jamieson Page 700 The opinion of the court was delivered by This is an action in ejectment and for damages.… Jones v. Callvert Page 701 The opinion of the court was delivered by The respondent made application to the commissioner of public lands to purchase the lands involved in this case.… The opinion of the court was delivered by This1 action was brought by the appellant corporation to recover a personal judgment against the respondent and her husband, and also to foreclose a mortgage alleged to have been given to secure the debt upon which judgment is sought.… Horn v. State Page 705 On information filed in the District Court of Laramie County, charging him with the murder of one William Nickell, the plaintiff in error, Tom Horn, was tried in said court and convicted of the crime of murder in the first degree, and sentenced to suffer the penalty of death imposed by statute upon that crime.… This is an action to enforce the lien of a street assessment for $203.77 against a lot of defendant.… Johnson v. D. H. Bibb Lumber Co. Page 730 The plaintiff – owner of the schooner, J.B.… Evans v. Duke Page 732 On August 3, 1893, the plaintiffs and defendant entered into a contract, in writing, whereby the plaintiffs agreed to sell, and the defendant to buy, certain real estate and some personal property situated thereon for the sum of $12,555.… Hurlburt v. Arthur Page 734 The plaintiffs, as depositors of the Union Savings Bank of San Jose, bring this action against the defendant Miller for his proportionate liability, as a stockholder thereof, under section 322 of the Civil Code.… Morehouse v. Morehouse Page 738 This is an action by plaintiff against the defendant as administratrix of LeGrande Morehouse, deceased, to recover five thousand dollars upon a contract alleged to have been made by and between plaintiff and said deceased in his lifetime.… Knarston v. Manhattan Life Insurance Page 740 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Brandenstein v. Johnson Page 744 This is an action to foreclose a mortgage on certain land, executed by defendant R.B.… Herbert Kraft Co. v. Bryan Page 745 This is an action to recover the balance alleged to be due on a certain negotiable promissory note, – the complaint containing the averments necessary to the proper statement of a cause of action on such an instrument.… McCurdy v. Otto Page 748 This appeal involves the validity of a deed "in trust to convey" certain premises described therein.… This is an appeal by plaintiff from an order denying its motion for a new trial – judgment having been rendered in the court below in favor of defendants.… Marks v. Keenan Page 751 Motion to dismiss an appeal. In the court below the defendant moved for an order setting aside the service of summons and dismissing the action, on the grounds that the service of summons had not been made in time, and plaintiff had failed to prosecute the action with reasonable or any diligence.… Eaton v. Mimnaugh Page 754 delivered the opinion.. This suit involves the constitutionality of an act of the legislature of 1903 for the relocation of the county seat of Union County (Laws 1903, p.… Jenkins v. City of Cheyenne Page 758 This action was brought by the plaintiff against the defendant corporation to recover for personal injuries received by reason of a defective sidew'alk within the corporation limits.… The facts sufficiently appear in the opinion.… Whitmore v. Utah Fuel Co. Page 764 after stating the facts, delivered the* opinion of the court.… Moore v. Coey Page 768 This is an appeal from an order of the court denying the petition of the administrator to require respondent to give an accounting of all the moneys, goods, chattels, accounts, and papers belonging to the estate of deceased, which had come into respondent’s possession, it is alleged, in trust for the petitioner, and… This is an appeal from a final judgment for plaintiff in an action on a bond given to plaintiff, the contractor in chief for the construction of subdivision No. 1 of the Cedar River water supply system of the city of Seattle, by the defendant Charles P.… Durand v. Heney Page 775 This is an action for damages for the alleged breach of the following written contract: “Memorandum of Agreement between Chas.… The opinion of the court was delivered hy On April 29, 18Y9, one Hathan Patter- .… Corbin v. Oriental Trading Co. Page 781 This action was originally brought in the superior court of King county by respondent against M.… Budlong v. Budlong Page 783 The opinion of the court was delivered by This action was begun in January, 1902, to set aside a certain deed to real estate on the ground of fraud, and to subject the real estate to the lien of two judgments rendered after the execution of the deed.… Woodward v. Taylor Page 785 This action is to quiet title to certain real estate.… Von Tobel v. Stetson & Post Mill Co. Page 788 The opinion of the court was delivered by The respondent who was plaintiff below, brought this action against the appellant on an assigned claim to recover the sum of $2,000, alleged to be due as commissions for the sale of certain real property belonging to appellant.… Hillman v. City of Seattle Page 791 Plaintiff was the owner of certain lands within the city limits of the city of Seattle, and was engaged in the business of platting and recording and selling lots therein.… Smith v. Sullivan Page 793 On August 19, 1902, the petitioner and respondent, O.… Russell v. Gay Page 795 This action was begun as an action in ejectment.… Barker v. Huey Page 796 Oliver P. Barker died September 3, 1901, leaving the following will: “Providence Hospital.… Weiser v. Holzman Page 797 The appellant sued for personal injuries.… Reilley v. Anderson Page 799 This is an appeal from a judgment of the superior court of Spokane county, affirming a decision of the board of state land commissioners.… Tacoma Mill Co. v. Perry Page 801 The opinion of the court was delivered by This was an action for treble damages under the statute for wilfull trespass, in cutting and removing timber, without lawful authority on the part of respondent, from the land of appellant.… Kenniff v. Caulfield Page 803 This is an action to quiet title, in which judgment was rendered for plaintiff.… McMullin v. McMullin Page 808 This is an action for divorce on the ground of desertion.… De Leonis v. Walsh Page 813 This action was brought by plaintiff against Laurent Etchepare to recover certain money alleged to have been received by him as her agent and to obtain a decree requiring him to reconvey to her certain real property alleged to have been conveyed by her to said Etchepare, upon his false representations that she was… Granger v. Sheriff Page 816 Appeal by defendants from an order of the superior court of San Diego County denying their motion to vacate and set aside a sale of real estate under a decree of foreclosure.… Carteri v. Roberts Page 818 This is an action against the defendants for an alleged forcible detainer.… Murphy v. Crowley Page 820 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Everding v. Hutchinson Page 824 This is a contest of the probate of a will alleged to have been executed by Hannah T.… Musselman v. Musselman Page 824 This was an action by the plaintiff to obtain a divorce from the defendant Hiram Musselman, and a decree that a portion of the community property be set apart to her as her share thereof.… Mount Carmel Fruit Co. v. Webster Page 826 The appeal is by Joseph Webster and M.M. Webster, his wife, from a judgment in favor of the plaintiff against said appellants.… Kaiser v. Dalto Page 828 This action was brought to enjoin the defendants from entering upon a strip of land, alleged to belong to plaintiff, along the north side of his lot, forty-six feet and six inches long and five and three-fourths inches wide, and from building a wall and committing other trespasses thereon.… Hanna v. De Garmo Page 830 This action was brought by plaintiff, a judgment creditor of defendant G.S.… People v. Walker Page 831 The defendant was convicted of forgery, and appeals from the judgment and from an order denying him a new trial.… Stockwell v. Mutual Life Insurance Page 833 On October 13, 1866, Sarah L. Yoemans obtained a policy from the Mutual Life Insurance Company *Page 200 of New York, in the sum of five thousand dollars, upon the life of her husband, Thomas D.… Miller & Lux v. Kern County Land Co. Page 836 This is an appeal from an order denying defendant's motion for an order transferring the cause from the superior court of the city and county of San Francisco to the superior court of Kern County.… Liurette v. Hiller Page 836 This is an action for damages. The complaint alleges that the defendants unlawfully, and with force, and against the will of plaintiff, ejected him from certain land and premises occupied by him in the business of retail liquor and tobacco dealer, and without his consent took and carried off and converted to their own… Niles v. Hancock Page 840 This action was brought to specifically enforce an alleged agreement for the sale by defendant to plaintiff of a tract of land in Los Angeles County.… Penton v. Hansen Page 843 Opinion of the court by On the first day of March, 1900, James H.… Reid v. Fillmore Page 849 The parties to this action were both applicants before the State Board of Land Commissioners to lease certain lands from the State of Wyoming.… Wilson v. Fisher Page 850 This is a petition by S.B. Wilson, upon notice, for a peremptory writ of mandamus, commanding the respondent, as auditor of El Dorado County, to draw his warrant for the salary of petitioner as superintendent of schools of said county for the month of March, 1903.… Gwin v. Calegaris Page 851 Plaintiff sought by this action to have it adjudged that a contract for the purchase by him from defendant of a lot of land had been rescinded, and to recover twenty-five hundred dollars paid by him as a deposit on account of such purchase, and fifty dollars expense of examining title, with interest from September 12… This is an action by the assignees of the Tribune Publishing Company, a corporation, to recover the sum of $1,452.18, a balance alleged to be due on account of newspapers furnished the defendant by said company.… Zane v. De Onativia Page 856 This is an appeal from a judgment taken more than sixty days from the entry thereof.… This action was brought by plaintiff, an insolvent banking corporation, to recover from defendant an amount alleged to be due from her as a stockholder of plaintiff, on a call of unpaid capital.… Talbot v. Pirkey Page 858 This is an original proceeding in prohibition.… Scrivner v. Woodward Page 863 On October 1, 1895, plaintiff, an attorney at law, executed to defendant his promissory note for *Page 315 five hundred dollars, and pledged to her, as collateral security for the payment thereof, two one-thousand-dollar gold bonds of the California and Nevada Railroad Company, belonging to him, and defendant… San Francisco Lumber Co. v. Bibb Page 864 This is an action on a contractor's bond, and from a judgment in favor of the sureties thereon plaintiff appeals.… State v. Edmunds Page 886 The defendant was prosecuted for and convicted of the crime of grand larceny, and, upon being sentenced to undergo imprisonment in the penitentiary for a term of four years, he appealed to this court.… Seattle National Bank v. Powles Page 887 This action was commenced by respondent, The Seattle National Bank, a corporation, against appellant, J.… MacKenzie v. State Page 889 *658The opinion of the court was delivered by Appellant brought this suit against respondent, and set up in her complaint two causes of action.… Phœnix Assurance Co. v. Hinds Page 893 *596The opinion of'the court was delivered by J.… Stump v. Burnett Page 894 The opinion of the court was delivered by The question in this case involves the right to impeaeh, by way of defense, for defects in the proceedings upon which it is based, a tax deed, valid on its face, when used as the foundation for an action of ejectment brought by the tax-title holder more than seven years after… Ott v. Elmore Page 898 Elmore & Cooper sued Ott Brothers on a promissory note.… Waters v. Garvin Page 902 John Garvin and Joseph Clyne prosecuted the above actions against O.… The opinion of the court was delivered by This was an action of replevin to recover a steam drill which had been used in mining operations.… Brooks v. Fithian Page 903 Thomas Brooks foreclosed a mortgage on real estate belonging to William H.… State v. Moore Page 905 The opinion of the court was delivered by On the afternoon of April 18, 1901, a team of horses drawing a farm wagon and galloping along a country road in Cowley county, a short distance west of Winfield, without a driver, was stopped, and the wagon was found to contain the dead body of *621C.… State v. Roberts Page 905 *632The opinion of the court was delivered by Appellant was convicted of an assault with intent to commit robbery.… Coppedge v. M. K. Goetz Brewing Co. Page 908 After the issues were made up in this case, it was tried on an agreed statement, from which it appears that the plaintiff, a non-resident corporation, was the *852owner of certain bars, mirrors, etc., paraphernalia ordinarily and generally used in maintaining a public nuisance unr^the prohibition law; that the… Thomas v. Remington Paper Co. Page 909 The opinion of the court was delivered by On December 20, 1897, the Remington Paper Company recovered a judgment in the district court of Shawnee county against the Topeka Capital *600Company, a Kansas corporation, upon nine promissory notes.… In re Stokes Page 911 dissenting: I fully agree with Mr. Justice Greene in his dissent, and further suggest *673that the petitioner ought not to be discharged simply because the detaining officer has no formal commitment by which to justify.… Kennedy v. Haskell Page 913 dissenting from the second paragraph of 'the syllabus and corresponding portion of the opinion. Rambo v. Larrabee Page 915 The opinion of the court was delivered by By chapter 390, Laws of 1903, entitled “An act concerning criminal appeals in counties containing more than 65,000 inhabitants, in certain cases,” it is provided that any person who has been, or who shall hereafter be, convicted of murder or manslaughter in any county… Cory v. Spencer Page 920 The opinion of the court was delivered by At the general election of 1903 John M.… State v. Brownfield Page 925 The opinion of the court was delivered by J.… Hulen v. Earel Page 927 STATEMENT OF FACTS. This action was commenced in the district court of Grant county, by the plaintiff in error against the defendant in error, to enjoin the defendant from practicing his profession as a physician in the city of Pond Creek, and the vicinity thereof.… School District No. 3 v. Atzenweiler Page 927 *610The opinion of the court was delivered by Defendant in error, who was plaintiff in the court below, recovered a judgment against the school'district for services rendered in conveying his three minor children to and from the schoolhouse.… Carpenter v. Russell Page 930 Opinion of the court by This cause presents the sole question as to whether the act extending the jurisdiction of the probate court in civil and criminal matters, prescribing the procedure *Page 278 therein and providing for appeals therefrom, enacted by the first legislature, repeals section 14, article 12, chapter… Blackwell v. Hatch Page 933 Opinion of the court by On September 17th, 1895, A.… Opinion of the court by This is a petition in error for the purpose of having reviewed an order of the judge of the seventh judicial district, dissolving a temporary injunction.… STATEMENT OF FACTS. This case was originally brought in the probate court of Caddo county by Charles Zwirtz, as plaintiff, against the Choctaw, Oklahoma and Gulf Railroad Company, defendant.… Opinion of the court by This is an action brought by the plaintiff in error, plaintiff in the court below, to recover damages for the alleged breach of a contract for the sale of oil, which the plaintiff in error purchased from the defendant in error.… Stickney v. Hughes Page 945 The plaintiff in error, Martha E. Stickney, was defendant below in an action brought by Lewallen Hughes, defendant in error here, to recover the sum of four hundred and fifty dollars and interest, alleged to be due upon a contract entered into between the parties on April 2, 1898, at the same time that two notes were… McMaster v. Peoples Bank of Edmond Page 946 STATEMENT OF FACTS. The record filed in this court is very imperfect and unsatisfactory.… Opinion of the court by A number of errors are complained of relating to the admission and exclusion of evidence, and to the giving and rejection of testimony, but none of them go to the merits of the case.… STATEMENT OF FACTS. This is an action brought by school district No. 44, of Caddo county, Oklahoma, plaintiff in error, to enjoin the defendant in error, as superintendent of public instruction *Page 72 within and for said county, from changing the boundaries of said school district.… STATEMENT OF FACTS. This is an action to recover for breach of contract, by a discharged school teacher against the school district.… STATEMENT OF FACTS. This is an action brought in the district court of Pottawatomie county, Oklahoma Territory, and involves a contest between creditors on one hand, claiming under attachments, and creditors on the other hand, claiming under a general assignment.… Opinion of the court by The plaintiff in error, R.… State ex rel. Sammon v. Chatterton Page 961 The relator seeks the aid of this court through the writ of mandamus to require the respondents composing the State Board of Canvassers to canvass and make return .of *170the votes found to be cast for relator at the general election held in November, 1902, for the office of District Judge of the Third Judicial… Sheehan v. First Macy Ditch Co. Page 964 The petition in error was filed May 26, 1902.… Hahn v. James Page 965 delivered'the opinion of the court. This action was brought under Section 1310 of the Code of Civil Procedure to determine an adverse claim to the Silver Star quartz lode mining claim, situate in Deer Lodge county.… [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Dyas v. Southern Pacific Co. Page 972 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Estate of Ross Page 976 Joseph Ross died October 27, 1898, leaving a will dated March 12, 1898, which was duly admitted to probate, in the provisions of which occurs this clause: "Thirdly.… Weis v. Cain Page 980 Action to quiet title. Plaintiff had judgment, and nearly five years later the defendant and respondent, Mrs. Goss moved to set aside the judgment on the ground that there was no proper service of summons.… Emery v. Lowe Page 981 This is an appeal by defendants from a judgment in favor of plaintiff and from an order denying their motion for a new trial.… Nisson v. Hood Page 981 This is an action brought to recover the amount due upon two promissory notes according to their tenor, the notes having been made by defendant Hood, and indorsed by Alice M.… Goldschmidt v. Maier Page 984 The plaintiff appeals from the judgment and from an order denying a new trial.… Anderson v. Browning Page 986 This is an appeal from a judgment of the superior court of Yolo County, directing the issuance of a peremptory writ of mandate directing and requiring the defendant, as auditor of said county, to draw his warrant on the county treasurer of the county in favor of plaintiff, for the sum of $191.66, salary of said… This is an action to declare void an ordinance passed by the board of supervisors of the city and county of San Francisco and to enjoin the city and county authorities from enforcing the same by criminal prosecutions against the plaintiffs and others.… Quill v. Southern Pacific Co. Page 991 This action was instituted by plaintiff to recover damages against the defendant for negligently causing the death of his minor daughter.… Johnson v. Friant Page 993 The action was brought to quiet title. Judgment passed for defendants, and plaintiff appeals from the judgment alone.… Muller v. Swanton Page 994 This is an action on a negotiable promissory note for $1,222, made by defendant, F.W.… Schou v. Sotoyome Tribe, No. 12 Page 996 This action was to recover sick benefits alleged to be due P.J.… In Re Estate of Willey Page 998 This is an appeal by the executors of the last will and testament of Amasa P.… Harrington v. Union Trust Co. Page 1000 This is an appeal from an order denying an application to set aside a homestead.… Holmes v. Hoppe Page 1002 This is an action against the defendant on an account for goods sold and delivered.… In Re Chin Mee Ho Page 1002 This is a proceeding in habeas corpus prosecuted by the superintendent of the Presbyterian Mission Home in behalf of a Chinese girl, who, it is claimed, is held in bondage by Louie Ying and Louie Young.… Manson v. Wilcox Page 1004 This is an appeal by W. W. Wilcox and E. H.… Crocker v. Conrey Page 1006 This is an original proceeding by mandamus to compel the respondent to complete the taking of a deposition and to employ the process of contempt against the witness to compel him to answer.… This is an application for a writ of supersedeas.… City of Oklahoma v. McMaster Page 1012 STATEMENT OF FACTS. This is an action brought by the defendant in error, Frank McMaster, against the plaintiff in error, the city of Oklahoma City, in the district court of Oklahoma county, on the twenty-second day of September, 1899, for the recovery of the possession of two certain lots, to-wit: lots numbers one and… Habighorst v. Conant Page 1018 after stating the facts in the foregoing language, delivered the opinion of the court.… Pugh v. Spicknall Page 1020 after stating the facts in the foregoing language, delivered the opinion.… State v. Armstrong Page 1022 delivered the opinion. The defendant appeals from a judgment of the circuit court, rendered upon a verdict convicting him of murder in the first degree.… Manary v. Runyon Page 1028 after stating the facts in the foregoing language, delivered the opinion.… McCall v. Marion County Page 1031 after stating the facts in the foregoing language, delivered the opinion of the court.… Silverfield v. Frank Page 1032 after stating the facts as above, delivered the opinion of the court.… Heiney v. Heiney Page 1038 after stating the facts in the foregoing language, delivered the opinion.… Ferguson v. Reiger Page 1040 after stating the facts in the foregoing language, delivered the opinion.… Flanders v. Multnomah County Page 1042 delivered the opinion. This is a suit to determine, by way of injunction, the effect of certain changes contemplated by the legislature in the law relative to assessment and taxation (Laws 1903, p.… State v. King Page 1045 After stating the facts, delivered the opinion of the court.… State v. Evans Page 1047 The defendant was convicted of the crime of an attempt to commit a felony.… Cullen v. Harris Page 1048 The plaintiff, Matthew Cullen, commenced this action in the district court of *5Beaver county, in the Fifth Judicial District, to recover from the defendants a certain mining claim.… City of Los Angeles v. Amidor Page 1049 This is an appeal by the defendant H.C. Bohrmann from the judgment and order dismissing the action on motion of plaintiff.… Greenberg v. Western Turf Assn. Page 1050 Defendant was the proprietor of a race-track known as the Tanforan Race-track, and was giving races to which the public was admitted.… Mesnager v. De Leonis Page 1052 This is an appeal from two orders made after the final decree in a suit for partition – the one allowing compensation to the receiver in the action for his services and those of his attorney, the other allowing compensation to the referee; also, an appeal from that part of the final decree directing payment of the… Matter of Daniels Page 1053 This is a proceeding on petition of Margaret Halpin, instituted for the purpose of having a guardian appointed of the person and estate of Mary E.… Westwater v. Grace Church Page 1055 This case presents the sole question as to whether or not the court properly sustained defendant's demurrer to the third amended complaint.… Plaintiff brought this action against said irrigation district, alleged to be a corporation organized under an act of the legislature approved March 7, 1887, (Stats.… De Leonis v. York Page 1058 This is an original petition here for a writ of mandate directing respondent, as judge, etc., to fix the amount of a stay-bond on an appeal from an order, appointing a receiver, as provided in section 943 of the Code of Civil Procedure.… Estate of Thomas Page 1059 This is an appeal of the administrator from an order of settlement of his final account and of distribution of the estate.… Doolin v. Omnibus Cable Co. Page 1060 This action was to recover damages for the alleged negligent injury of the plaintiff Mary Jane Doolin.… Henry v. Vineland Irrigation District Page 1061 This appeal is by the intervener from a judgment dismissing the action.… Lyon v. Aronson Page 1063 This action was brought to recover damages for personal injuries to.… Dore v. Klumpke Page 1064 This is a motion to dismiss an appeal taken from an interlocutory judgment in an action for partition.… McAdams v. Felkner Page 1064 This is an action in ejectment; judgment went for plaintiff, and from the judgment and from an order denying their motion for a new trial defendants appeal.… Guardianship of Wells Page 1065 The appellant was the guardian in the matter of the above estate; and on November 15, 1892, filed *Page 351 the first account of his guardianship, which was thereafter duly approved.… Graybill v. De Young Page 1067 This action was for libel. The trial resulted in a verdict for plaintiff in the sum of one thousand dollars.… Webster v. Board of Education Page 1070 This is a petition for a writ of mandate commenced in the superior court.… Estate of Latour Page 1070 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES.… Reay v. Treadwell Page 1078 This is a suit in equity to have set aside and declared null and void a certain judgment in a case entitled J.W.… This action was brought praying injunction against defendant from maintaining its flume across the plaintiff's ditch "in its present condition, or in such a condition that it obstructs and impedes the flow of water *Page 387 in plaintiff's said ditch." Judgment passed for plaintiff, and defendant appeals from that… Donovan v. Donovan Page 1081 This is a contest over the admission to probate of the will of Michael James Donovan, deceased.… Miller v. Chrisman Page 1083 This action is to quiet title to the northeast quarter of section 20, township 19, south, range 15 east, Mount Diablo base and meridian, in the county of Fresno, state of California.… Langenbeck v. Louis Page 1086 This is an action to annul and set aside as void a deed of gift executed by Annie Maria Cord, on the day of her death, to her daughter, Margaret Jessie Cord, now the wife of Julius Louis, defendants in the action.… Lynch v. the United States Page 1095 Opinion of the court by This is a suit by the United States to set aside a sale of land and cancel a patent issued by the United States.… Forney v. Dow Page 1101 Opinion of -the court by ■ J ames H. Forney and Filmore L.… Morrill v. Casper Page 1102 STATEMENT OF FACTS. An action by William Morrill, plaintiff in error, against Charles C.… Moorehead v. Davis Page 1103 Opinion of the court by H. M. Davis executed and delivered three promissory notes to Elisha Penny in payment for a bill of books, and at the same time to secure the payment of these notes he executed and delivered to the same party a chattel mortgage.… Stillwater Bd. of Education v. Aldredge Page 1104 Opinion of the court by The plaintiff in error condemned certain real estate in the city of Stillwater for a school house site, but failed to give the owner of the land any notice of the proceeding, and the court held that the failure to give such notice rendered the condemnation void; and in an action of ejectment… In re McCabe Page 1106 delivered the opinion of the court. On July 16, 1903, a complaint was filed in the justice of the peace court of Thos.… King v. Allen Page 1107 after stating the case, delivered, the opinion of the court.… In re Thresher Page 1109 delivered the opinion of the court. On the 9th day of July, 1902, there was presented in this court an accusation in writing’, verified by the oaths of one James Sullivan and one Jane D.… Talbott v. Butte City Water Co. Page 1111 after stating''the case, delivered the opinion of the court.… Hopkins v. International Lumber Co. Page 1113 On the 28th of January, 1899, the plaintiffs and the defendant entered into a written contract, of which the following is a copy: “This triplicate agreement, made and entered into this 28th day of January, A.… Corbett v. Civil Service Commission Page 1116 On and prior to February 14, 1902, tbe respondent, Samuel G.… Reidhead v. Skagit County Page 1118 This action was begun in the superior court of Skagit county by Lydia H.… Collins v. Fidelity Trust Co. Page 1121 This is an action to compel specific performance of an alleged agreement to assign a lease of a portion of the harbor area upon the Seattle waterfront.… McLean v. Roller Page 1123 This is an appeal from an order of the superior court in and for Skagit county, appointing Floyd H.… Dennis v. First National Bank Page 1125 The present action was begun in the superior court of King county by appellant against respondent on an express contract for legal services, alleged to have been rendered by II.… Ketchum v. Stetson & Post Mill Co. Page 1127 This was an action begun by respondent against the appellant to recover $709.28, alleged to be the agreed purchase price of a boom of saw logs sold and delivered to the appellant by the respondent.… Lake Whatcom Logging Co. v. Callvert Page 1128 In 1898 the respondent McMillan entered into a contract with the state of Washington, through its commissioner of public lands, for the purchase of certain tide lands to which the state had title, situated in Skagit county.… Baldridge v. Reilly Page 1130 Upon the authority of Reilly v. Crowley, ante, p.… Miller v. Hopkins Page 1130 Opinion by This is an appeal from the District Court of Cochise from a judgment against H.… Harrington v. Union Trust Co. Page 1131 This is an application hy the alleged widow praying the court in probate to award her a family allowance from the estate of John B.… Lyon v. Aronson Page 1131 It is stipulated that if this court affirm the order granting a new trial on the appeal from said order, S.F.… Sparks, an employee of the railway company, with others, was engaged in removing the rails from the track and replacing them with new.… McCue v. National Bank of Commerce Page 1132 Charles O. McCue purchased a herd of 100 cattle from the Zeb.… The questions presented for our consideration in this case involve little besides a consideration of the evidence and findings.- We are of the opinion that the special findings and general verdict have support in the evidence.… State v. Briggs Page 1132 This is a companion case to that of The State v. Davis, ante, page 545, 73 Pac.… State v. Puffer Page 1132 Nearly all of the assignments of error urged in this case by the appellants were considered and decided in the case of The State v. Davis, ante, page 545, 78 Pac.… Bender v. Furey Page 1132 — The motion to dismiss the appeal herein is sustained, and the appeal is accordingly dismissed.… Holderman v. Hood Page 1133 One of the justices being disqualified to hear this cause, and the six others being divided in opinion, the judgment of the court below will be affirmed.… Robinson v. Johnson Page 1133 — Upon- motion of counsel for 1he appellant herein, this appeal is dismissed. Burns v. Kelly Page 1133 — Respondents’ motion to dismiss the appeal herein is sustained, and the appeal is accordingly dismissed. Robertson v. Proctor Page 1133 — -Dpon motion of tbe appellant herein this appeal is dismissed as settled, in accordance with the stipulation on file. Mayo v. Hughes Page 1133 The appeal herein is hereby dismissed in accordance with the stipulation on file herein. Munges v. Barnes Page 1133 — Tbe motion herein to dismiss the appeal from the judgment and the appeal from the order denying the motion for a new trial, is hereby sustained, and the appeals are accordingly dismissed. Murdock v. Jardine Page 1133 — Upon motion of II. G-. Mclntire, Esquire, of counsel for appellants, this appeal is dismissed, without prejudice, at the cost of appellants. Burkett v. Sherlock Page 1133 — Upon motion of T. J. Walsh, Esquire, of counsel for appellants, this appeal is dismissed at the cost of appellants. Bordeaux v. Bordeaux Page 1133 The motion to dismiss the appeal herein is hereby sustained, and the appeal is accordingly dismissed. Harris v. Root Page 1133 — The application for an injunction herein, and the motion to stay the remittitur in cause numbered 1,799, entitled In re Davis’ Estate, Leyson et al.… Miller v. Northern Pacific Ry. Co. Page 1133 — The motion to dismiss the appeal herein is sustained, and the appeal is accordingly dismissed. State v. McDonald Page 1133 — -Dpon motion of the attorney general, the appeal herein is dismissed. — The application for a writ of supervisory control herein is denied and the proceeding is dismissed.… State ex rel. Donovan v. McGiffin Page 1133 — Relator’s application for an alternative writ of mandate is denied.… Guthrie Western Railway Co. v. Rhoades Page 1134 Opinion of the court by Plaintiff in error claimed that this case was tried by the court below upon the theory that the railway company obtained a fee simple title to the right of way taken, and instructed the jury upon this theory.… State ex rel. Hopkins v. McRae Page 1134 — Relator’s application for a writ of prohibition herein is denied. State ex rel. Neihof v. Olson Page 1134 — The application for a writ of certiorari herein is denied. State ex rel. Gilchrist v. Weston Page 1134 — Tire relator’s cost bill heretofore submitted ’ to the court is hereby allowed, and the motion of defendant to tax costs is overruled, except as toi the witness fees of M.… — Relator’s cost bill and respondents’ ’ motion to tax costs herein having been submitted heretofore to the court: It is ordered that all the objections of respondents to the cost bill -of relator be and the same are hereby overruled, except as to- the item of $63.00 for preparation of the record, and that the said… State ex rel. Donovan v. Wadsworth Page 1134 — Relator’s application for an injunction herein is hereby denied.… — Upon motion of H. G. Mclntire, Esquire, of counsel for relators, this proceeding is dismissed, without prejudice, at the cost of relators.… — Relator’s application for a writ of.… State ex rel. Oregon Short Line Railroad v. District Court of the Second Judicial District Page 1134 — Upon motion of the relator this cause is dismissed at the cost of said relator. Worth v. Montana Central Railway Co. Page 1134 — The appeal herein is hereby dismissed,-each party to pay his own costs, in accordance with the stipulation on file. Irwin Co. v. the Farmer's Gin Grain Co. Page 1135 Opinion of the court by This case was -filed at the same time, and involved, on the motion to dissolve the attaehuent, the same questions that were involved in the case of S.… Korfus v. Dow Page 1135 The appellants, by deed dated July 26, 1900, conveyed to the respondent, J.… People and organizations on PlainSite with a photograph on file, alphabetically. A
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