*In a suit on a note in consideration of a deed from the payee to land in possession of the payee and held by him in violation of Act Cong. July 1, 1902, c. 1362, 32 Stat. 641, which transaction was in violation of Rev. St. U. S. § 2118, providing that every person who settles on lands secured to an Indian tribe shall be liable to a penalty therefor, the evidence discloses an illegal consideration.-McLaughlin v. Ardmore Loan & Trust Co. (Okl.) 779. § 2. Rights and liabilities on indorsement or transfer. A signer held a joint maker of a note and liable as such, even though the word "surety" was prefixed to his signature.-Edmonston v. Ascough (Colo.) 313. Of school districts, see "Schools and School Dis Bonds for performance of duties of trust or See "Officers," § 3. Bonds in judicial proceedings. See "Appeal and Error," §§ 7, 39; "Attachment," § 2; "Replevin," § 5. Appeal from survey, see "Boundaries," § 2. Appeal in forcible entry and detainer, see "Forcible Entry and Detainer." BOOKS OF ACCOUNT. BOUNDARIES. A signer of a note, being a co-maker,' held not discharged by the payee's promise to release him, and look to the principal debtor As evidence, see "Evidence," § 8. alone for the payment of the note; the promise of release being verbal only, and without consideration.-Edmonston v. Ascough (Colo.) 313. A signer of a note held not discharged by his urgent request that the payee proceed against the principal maker while the latter was solvent.-Edmonston v. Ascough (Colo.) 313. *An assignee of a nonnegotiable note takes subject to all the defenses which the maker would have against the payee.-Citizens' Bank of Wakita v. Garnett (Okl.) 755. *Where assistant cashier while in the management of the bank, in the absence of the cashier from the state, transferred to a second bank a negotiable draft, held, that the second bank obtained sufficient title to maintain an action on the draft.-Forbes v. First Nat. Bank (Okl.) 785. § 3. Actions. *Plaintiff in an action on a note by introducing the note and indorsement of the payee in blank prima facie establishes his case.-Gillespie v. First Nat. Bank (Okl.) 220. *In an action on a draft by bona fide holder thereof for value against an indorser from whom the draft is obtained by fraud, the knowledge of the facts which would put a prudent man on inquiry held not sufficient to defeat the right to recover.-Forbes v. First Nat. Bank (Okl.) 785. *In an action on notes, evidence held insufficient to sustain a verdict for defendant.-Fishburne v. Robinson (Wash.) 80. BOARDS. Of equalization, see "Taxation," § 4. See "Fences." Of School district, see "Schools and School Dis- Of mining location, see "Mines and Minerals," *Meander line held not to be regarded as a boundary line, but only to point out the sinuosities of the bank to arrive at the area of land to be paid for.-Johnson v. Johnson (Idaho) 499; Moss v. Ramey (Idaho) 513. *Fixed monuments held to control other data given by surveyor.-Heybrook v. Index Lumber Co. (Wash.) 324. § 2. Evidence, ascertainment, and tablishment. es *Where adjoining lot owners, being uncertain of the true position of a boundary established by measuring from a fixed object, agree upon its true location, and acquiesce in the location for a period equal to that of the statute of limitations, or under such circumstances that substantial loss would be caused by a change, the line located becomes in law the true line called for by the descriptions of their deeds.Young v. Blakeman (Cal.) 888. *An agreement as to the position of a boundary line may be in parol.-Young v. Blakeman (Cal.) 888. A conveyance of a lot by the original description, executed after a boundary line has been established by the parties at a different location, will be presumed to have been intended to School boards, see "Schools and School Dis- refer to the distance as fixed by the agreement tricts," § 1. Conclusion in pleading in action to restrain is- County bonds, see "Counties," § 3. Municipal bonds, see "Municipal Corporations," and marked by the occupancy in pursuance thereof, unless there is something in the deed or in the attending circumstances to rebut the presumption.-Young v. Blakeman (Cal.) 888. Gen. St. 1901, § 1821, being silent as to whom a bond should run on appeal from a survey, should be liberally construed in favor of a hearing upon the appeal.-Goffinet v. Soper (Kan.) 571. A bond on appeal from a survey running to the parties who requested the same held sufficient, though other persons may be affected by the survey.-Goffinet v. Soper (Kan.) 571. BREACH. Of contract, see "Contracts," & 5; "Sales," § 3; Of covenant, see "Covenants,' § 3. *Point annotated. See syllabus. Issuance of county bonds for construction of, see "Counties," § 3. Special or local laws, see "Statutes," § 2. § 1. Establishment, construction, and maintenance. *Under Rev. St. 1887, § 850, a bridge held a highway subject to the laws applicable to highways.-Village of Sandpoint v. Doyle (Idaho) 945. BRIEFS. 4. Actions for compensation. *A complaint, in an action by a broker for commissions, held supported by the evidence.Graves v. White (Colo.) 347. In an action for commissions for services rendered in obtaining title to mining claims, a objectionable as not allowing plaintiff to recharge as to the right to commissions held not cover, even if he had complied with his contract, if he and defendant were unable to effect a purchase.-Bailey v. Carlton (Colo.) 542. In an action for commissions by a person engaged to secure title to certain mining property, where defendant's answer averred that he had taken no part in a transaction involving their, subsequent purchase by another person, and plaintiff had testified that he would not be entitled to commissions had the person obtaining the purchase dealt with persons other than defendant, evidence of the person who purchased the claims that defendant took no part in the transaction was admissible.-Bailey v. Carlton (Colo.) 542. On appeal or writ of error, see "Appeal and Er- to recover certain commission as erroneously ror," § 21; "Criminal Law," § 15. BROKERS. See "Principal and Agent." In an action for commissions for services rendered in obtaining title to mining claims, a charge held not inconsistent with the contract of employment.-Bailey v. Carlton (Colo.) 542 In an action by a principal against his agent paid, where on answer and counterclaim for the balance the original action is dismissed, and the evidence shows that defendant, while agent to purchase lands unknown, received a commission from the agents of the vendor, it is a sufficient defense to the counterclaim. Applicability of instructions to case in action Plotner v. Chillson & Chillson (Okl.) 775. § 1. Employment and authority. *A real estate agent authorized only to find a purchaser ready, willing and able to buy, has no authority to execute a contract of sale to such proposed purchaser.-Foss Inv. Co. v. Ater (Wash.) 1017. *Where a real estate agent has authority only to sell property, he cannot delegate authority to subagents to make a contract of sale which will bind the principal.-Foss Inv. Co. v. Ater (Wash.) 1017. § 2. Duties and liabilities to principal. *A real estate agent who is the owner of all the shares of a corporation except two held to have no power to sell to the corporation without the knowledge of the principal.-Foss Inv. Co. v. Ater (Wash.) 1017. *The giving of a blank deed by a principal to a broker having authority to sell the principal's property held not a ratification of a contract of sale made by subagents of the broker. -Foss Inv. Co. v. Ater (Wash.) 1017. 3. Compensation and lien. BUILDING AND LOAN ASSOCIA TIONS. *The by-laws and prospectus of a building association construed, and held not to provide absolutely that the stock shall mature in a specified period.-Clause v. Columbia Savings & Loan Ass'n (Wyo.) 54. The by-laws of a building association construed, and held to require monthly payments from a borrowing member until the stock borrowed on should mature.-Clause v. Columbia Savings & Loan Ass'n (Wyo.) 54. The by-laws of a building association construed, and held not to mature the debt of a borrowing member on his default in payment of installments until after failure for six months to make the required payments.-Clause v. Columbia Savings & Loan Ass'n (Wyo.) 54. In an action by a building association against a borrowing member, the member was entitled to credit for the value of the stock in reduction of any amount found due on the debt.-Clause v. Columbia Savings & Loan Ass'n (Wyo.) 54. A building association suing a borrowing member on his note held required to prove that the stock borrowed on had not matured.-Clause V. Columbia Savings & Loan Ass'n (Wyo.) 54 BUILDING CONTRACTS. If plaintiff contracted to assist defendant in purchasing mining claims and consolidating them with other property, and the attempt was unsuccessful, and the project abandoned, defendant would not be thereby precluded from afterwards negotiating with others to carry out See "Contracts," § 5. the same enterprise, and, if the matter were accomplished in connection with other persons wholly independent of plaintiff's efforts, he could BURDEN OF PROOF. not recover for his unsuccessful services.-Bail-In civil actions, see "Evidence," § 3. ey v. Carlton (Colo.) 542. *If an agent employed to buy, unknown to his principal, accepts compensation from the BUSINESS. vendor, he cannot recover from his principal. Conspiracy to injure business, see “Conspiracy.” -Plotner v. Chillson & Chillson (Okl.) 775. § 2. *Point annotated. See syllabus. B. & C. Comp. § 5056, subds. 4, 7, held not to authorize a corporation to transfer its franchise of constructing and operating a canal and locks.-State v. Portland General Electric Co. (Or.) 722. Act Oct. 21, 1870 (Laws 1870, p. 14), held to confer on a corporation a franchise to operate a canal and locks and charge tolls therefor, and appropriate the bed and banks of a navigable stream as far as needed.-State v. Portland General Electric Co. (Or.) 722. *Where a corporation accepted a franchise to construct a canal and locks, and constructed the same principally on land which it owned in fee, the land became a part of the highway. State v. Portland General Electric Co. (Or.) 722. Act Oct. 21, 1870 (Laws 1870, p. 14), appropriating money to a company for the construction of a canal, construed, and held, that the company was not a trustee of the state for the amount of tolls which it agreed to pay to the state.-State v. Portland General Electric Co. (Or.) 722. A transferee of the franchise and property of a corporation constructing and operating a canal and locks subject to Act Oct. 21, 1870 (Laws 1870, p. 14), held subject to the act, notwithstanding Act Oct. 19, 1876 (Laws 1876, p. 14), and subsequent acts.-State v. Portland General Electric Co. (Or.) 722. § 2. Regulation and operation. Verdict in action for injury to passenger, see "Trial," § 4. 1. Control and regulation of common carriers. Where it is not clear that the conditions are so dissimilar as to render the interstate commerce act or a rate published thereunder inapplicable, such rate will be held to control in a Union Pac. R. Co. (Wash.) 71. civil proceeding.-Coeur D'Alene & S. Ry. Co. v. § 2. Carriage of goods. ceived in apparent good order, is not conclusive. *A bill of lading, reciting that goods were reSt. Louis & S. F. R. Co. v. Jamieson (Okl.) 417. Under a bill of lading, reciting that goods were received in apparent good order, issued by the initial carrier as agent for the delivering rier to show that the goods were not in the carrier, the burden is on the delivering carcondition recited.-St. Louis & S. F. R. Co. v. Jamieson (Okl.) 417. injury to and loss of a portion of goods deIn an action against the delivering carrier for Oct.livered to the initial carrier as one shipment, the bill of lading issued by the initial carrier, reciting that the goods were received in apparent good order, casts the burden on the delivering carrier.-St. Louis & S. F. R. Co. v. Jamieson (Okl.) 417. Laches of the officers of the state in failing to collect installments due to it under Act 21, 1870 (Laws 1870, p. 14), requiring a company operating a canal to pay to the state a specified part of the tolls, held not to operate as a waiver of the right of the state to its part of the tolls.-State v. Portland General Electric Co. (Or.) 722. The state held not estopped from collecting from a corporation operating a canal and locks tolls pursuant to Act Oct. 21, 1870 (Laws 1870, p. 14). State v. Portland General Electric Co. (Or.) 722. see CANCELLATION OF INSTRUMENTS. conveyances, Contracts for sale of goods, see "Sales." § 2. Contracts in general, see "Contracts," § 4. 1. Right of action and defenses. A lessor in a lease giving the lessee the right to make improvements and to purchase the 95 P.-73 A contract for a free rate on freight cars originating in St. Louis from Kansas City to Spokane over defendants' lines, which had a joint published rate of $90 per car and freight earned by the use of the cars, held illegal.Coeur D'Alene & S. Ry. Co. v. Union Pac. R. Co. (Wash.) 71. When a freight rate has been fixed and posted and published as required by the interstate commerce act, such rate must prevail over an agreement fixing a different rate.-Fisher v. Great Northern Ry. Co. (Wash.) 77. A carrier's liability continues until the consignee has a reasonable opportunity to inspect the goods and take them away after notice of arrival.-North Yakima Brewing & Malting Co. v. Northern Pac. Ry. Co. (Wash.) 486. A carrier's relation as carrier held to have terminated at the time of the loss of certain goods by fire.-North Yakima Brewing & Malting Co. v. Northern Pac. Ry. Co. (Wash.) 486. *Point annotated. See syllabus. 3. Carriage of live stock. *Shrinkage in the weight of cattle due to un- § 4. Carriage of passengers. *Duty of a carrier to protect passenger from Where a street railway passenger was injured In an action for injury to a street passen- Where plaintiff, while waiting for a car, was *In an action for injury to a passenger, evi- *The rule res ipsa loquitur applies to the op- *Rule of res ipsa loquitur stated as applied to CERTIORARI. Review of order confirming administrator's sale, 1. Nature and grounds. Parties may not, through writs of review or Certiorari will not lie to review an order § 1. Filing, recording, and registration. *Renewal affidavit of a chattel mortgage held Mansf. Dig. c. 110 (Ind. T. Ann. St. 1899, c. Mansf. Dig. (extended in force in Indian Ter- § 3. Rights and remedies of creditors. COLLATERAL ATTACK. On appointment of county officer, see "Coun- COLLEGES AND UNIVERSITIES. There is no repugnancy between Const. art. Wilson's Rev. & Ann. St. 1903, c. 77, art. 17, *The term "public schools," as used in Const. COLOR OF TITLE. To sustain adverse possession, see "Adverse Pos- COMBINATIONS. See "Conspiracy"; "Monopolies," § 1. COMMERCE. Carriage of goods and passengers, see "Car- § 1. Subjects of regulation. A shipment from a foreign country to a place Where a through rate involved ocean trans- A contract through rate on canned goods in- 77. COMMERCIAL PAPER. On judgment, see "Judgment," § 5. |