Volume 37 — Oregon Reports

<p>From Multnomah: Alfred F. Sears, Jr., Judge.</p> <p>Action by Multnomah County against Penumbra Kelly and others. Defendants appeal.</p>

From Mai’ion : Geo. H. Burnett, Judge. This is a suit by A. Goodnough against Claud Gatch and B. J. Fleming to require a receiver to deliver to the plaintiff any balance of the receivership property remaining in his hands after deducting the costs and disbursements of the suit wherein he was appointed.

<p>From Polk : Henry H. Hewitt, Judge.</p> <p>Suit by Mary E. Hallock against Robert Suitor for an injunction. Decree for defendant and plaintiff appeals.</p>

From Marion : Geo. H. Burnett, Judge. Action by Fred Dose against W. L. Tooze to recover damages for the alleged breach, of a contract.

<p>From Multnomah: E. D. Shattuck, Judge.</p> <p>Action by B. M. Lombard against Edith J. Smith. Defendant appeals from a judgment for plaintiff.</p>

From Multnomah: E. D. Shattuck, Judge. Action by Joseph Balte against Thomas Bedemiller for breach of warranty of title to a mare, originally commenced in the Justice’s Court of Portland District, Multnomah County.

<p>From Multnomah : John B. Cleland, Judge.</p> <p>Decided 24 October, 1898.</p> <p>On Motion to Dismiss Appeal.</p>

From Polk : Geo. H. Burnett, Judge. Action by Sanford S. Harris and others against William Sargeant, to recover real property. Both parties allege ownership in fee, and that they are entitled to possession. On November 15, 1884, William M. Harris was the owner thereof, and he and his wife on that day conveyed the same by quitclaim deed to their children, the plaintiffs herein.

From Multnomah : John B. Cleland, Judge. In April, 1898, the defendant F. B. Pratt commenced an action in the Circuit Court of Multnomah County against Ellis G. Hughes, the plaintiff herein, to recover on a joint and several promissory note for $20,000, in favor of John Green, executed by said Hughes, Charles E. Ladd and others, and assigned to him by Green.

From Multnomah : John B. Cleland, Judge. This is a suit brought by Charles E. Ladd, individually, and Caroline A. Ladd, William M. Ladd, Charles E. Ladd, and John Wesley Ladd, executrix and executors of the last will and testament of W. S. Ladd, deceased, against the Chamber of Commerce, a corporation, C. P. Bacon, Charles H. Dodd, T. M. Richardson, J. E. Haseltine, C. M. Idleman, Herbert Bradley, F. E. Arnold, R. L. Durham, J. L. Hartman, Samuel Heitshu, D. D. Oliphant, D.…

From Multnomah: Alfred F. Sears, Jr., Judge. This is an action by Chan Sing against the City of Portland to recover damages for an injury to plaintiff’s property from an overflow of Tanner Creek caused by the alleged negligence of the defendant in not exercising due care and caution to keep open and free from obstruction the intake of Tanner Creek Sewer. Tanner Creek is a natural water course, with well-defined banks and channels.

From Lane : J. C. Fullerton, Judge. This is an action by Jennie Smitson to recover damages from the Southern Pacific Co. for personal injuries.

<p>From Multnomah : Loyal B. Stearns, Judge.</p> <p>Suit by Fred W. Corder against Isabella Speake. From a judgment of dismissal, plaintiff appeals. Motion to dismiss.</p>

From Lane : J. C. Fullerton, Judge. Suit by N. L. Hersberger against A. J. Johnson, Sheriff of Lane County, and others, for an injunction. A decree having been entered for defendants, plaintiff appeals.

From Linn : Henry H. Hewitt, Judge. Bijl by S. A. Hughes and others against Linn County and M. C. Gaines, sheriff, to enjoin the sale of certain real property belonging to the plaintiffs for taxes assessed against a former owner. In 1895 the property in question was owned by and assessed to D. B. Monteith, who thereafter conveyed it to the plaintiffs, in payment and satisfaction of a mortgage.

From Multnomah: John B. Cleland, Judge. The facts out of which this controversy arises may be briefly stated as follows : The Columbia Packing Co.… Held: and the agreement of the stockholders concerning the same. The twenty shares of capital stock theretofore pledged by Kell'er to A. A. Bonney were accordingly assigned to Guthrie, who on December 27, 1894, was duly recognized as • a stockholder • of the company at a regularly called meeting of the stockholders and directors.

From Multnomah : John B. Cleland, Judge. This is an application by M. W. Henderson for a modification of a decree of divorce rendered against him and in favor of Ellen Henderson.

From Baker : Robert Eakin, Judge. Suit by Isaac Herron against the Eagle Mining Co. to enforce specific performance of a contract made with plaintiff by defendant’s grantor. There was a decree for defendant, from which plaintiff appeals. Aeeirmed.

From Malheur: Morton D. Clifford, Judge. Action by John Turner against J. D. Locy and others to recover damages for injuries to plaintiff’s reservoirs. The facts are that plaintiff is the owner of a placer mining claim in Harney County, Oregon, through which Mormon Basin Creek, a nonnavigable stream, flows in a well-defined channel; that he built two dams in said creek, and dug a ditch therefrom whereby he diverted water to his mines.

<p>From Baker : Robert Eakin, Judge.</p> <p>Suit for divorce by Etoile Mendelson against Louis Mendelson. From a judgment of dismissal, plaintiff appeals. •</p>

From Malheur : Morton D. Clifford, Judge. Suit for an injunction by Jed A. Blair against L. Boswell and John Turner to enjoin the maintenance of dams constructed in a nonnavigable stream.

From Gilliam : W. L. Bradshaw, Judge. This is a suit for divorce by Alex. G. Ogilvie against Eose Ogilvie upon the ground of willful desertion for the period of one year. For a defense, the wife denies the desertion, and alleges that she left the plaintiff’s home temporarily, at a time when he was absent in England, without any intention of deserting him, and that she returned, and proffered to resume her marital duties, but that he refused to allow her to do so.

From Grant: Morton D. Clifford, Judge. Suit by John Muldrick and others against Walter Brown and others to enjoin a trespass upon a mining claim.

From Umatilla: Stephen A. Lowell, Judge. Suit by Cora McBean against Jane McBean and others to determine wbo are the heirs of John McBean, deceased. From a decree in favor of defendants, plaintiff appeals.

From Grant: Morton D. Clifford, Judge. This is a case brought in a justice’s court by Lew & Sprague against N. A. Lucas to recover $52.25 for goods, wares, and merchandise alleged to have been sold and delivered to the defendant by the plaintiffs between the thirtieth of August and third of September, 1898, no part of which has been paid.

<p>Indian Lands — Law of Descent.</p> <p>1. The only rule for determining the descent of real property belonging to an allottee of land within the Umatilla Indian Reservation is that provided by the statutes of Oregon.</p> <p>Requisites of Adoption.</p> <p>2. Adoption always requires some special proceeding more than the mere physical care of the person adopted — in Oregon a decree of court in the manner provided by statute * is necessary to give the child an inheritable quality: Purge-son v. Jones, 17 Or. 204, cited.</p> <p>Adoption — Indian Custom.</p> <p>3. An adoption of another’s child can never be accomplished by merely caring for and rearing it, even if such be the custom of the community or tribe or nation where the persons lived.</p>

From Marion : Geo. H. Burnett, Judge. This is an action by John Salzgeber against N. Mickel and wife for damages for the wrongful eviction of plaintiff from certain leased premises to be used for the production of hops. The defendants, by a written agreement executed March 31, 1896, leased to plaintiff a hop field, situated upon their farm, for the term of five years, ending December 1, 1900.

From Umatilla : Stephen A. Lowell, Judge. This is a suit by J. P. McManus against D. G-. Smith and others to dissolve a partnership, to set aside a chattel mortgage of the partnership property, and for an accounting.

From Douglas : H. K. Hanna, Judge. This is a suit by S. W. Misc. to .enjoin P. H. O’Shea and others from trespassing on certain real property.

<p>Agreement Not Constituting a Partnership.</p> <p>1. An agreement between two persons to divide commissions in case either should furnish to the other any customers to whom sales of property should be made, without any provision for dividing losses or expenses, does not constitute a partnership.</p> <p>Equity Jurisdiction — Accounting—Insolvency.</p> <p>2. Where several persons are claiming a fund, or parts of it, and a court of equity has control of such fund, it may restrain the payment thereof until the rights of all the claimants can be ascertained, and then divide it according to their respective rights, especially if some of the claimants are insolvent.</p> <p>Equity — Necessary Parties — Appeal.</p> <p>3. Where equity is attempting to distribute a fund over which it has jurisdiction, all the persons who are known to have an interest in the fund must be brought in, and if it appears that any such person is not a party, the case should be reversed with instructions to bring him onto the record, so that the rights of all claimants may be settled in one decree.</p> <p>Appeal — Terms eor Omitting Necessary Parties.</p> <p>4. Where a necessary party has been intentionally or carelessly omitted from a suit, the appellate court may either dismiss the case or reverse it on a penalty (such as payment of costs), so that the absent parties may be brought in.</p>

From Douglas : H. K. Hanna, Judge. Suit by J. B. Parker to restrain Nicholas Furlong and James Farrier from trespassing on a mining claim, in which plaintiff appeals from a decree on final hearing dismissing his complaint.

From Marion : Henry H. Hewitt, Judge. This'is a suit by R. J. Fleming against John A. Carson for the settlement of a copartnership, for an injunction, and for the appointment of a receiver to take charge of the assets and wind up the business of the concern.

From Grant: Robert Eakin, Judge. This is a suit by Clara Boyce against H. A. Cupper to enjoin the diversion of the water of a nonnavigable stream.

From Multnomah : Loyal B. Stearns, Judge. This is a suit in equity brought by Mary E. Quinn against the widow and heirs of W. S. Ladd, deceased, to impeach and set aside certain decrees of the county and circuit courts of Multnomah County on the grounds of fraud and want of jurisdiction, and for a decree declaring her to be the owner, and entitled to the possession, of a tract of land in the north half of the donation claim of Terence Quinn and wife, near the City of…

From Polk : Henry H. Hewitt, Judge. This suit was originally commenced by H. P. McNary, as receiver of the Williams & England Banking Co. against J. J. Reed, to remove a cloud from the title to certain town lots. The present plaintiff, Woodson T. Slater, was substituted for McNary during the progress of the suit. Defendant appeals from the decree.

From Clackamas : Thos. A. McBride,’Judge. This is a suit by George W. Shaver against W. D. Adams to ascertain and establish the dividing line between contiguous lands. The facts are that on June 29, 1880, plaintiff, being the owner in fee of the Hugh Gordon donation land claim, in Clackamas County, Oregon, conveyed to one Laramie Mayer one square acre thereof, situated in the southeast corner, excepting therefrom two tracts which had theretofore been conveyed.

<p>Adverse Party — Serving Notice oe Arpead.</p> <p>1. In a case where a property owner appeals from a decree foreclosing several liens of equal rank the lienors are not adverse parties, as between themselves, so that one of them can have the appeal dismissed because the appellant failed to serve the notice on another of such lienors; for, if the decree is affirmed, the lienors are unaffected, while, if the liens of the claimants who were notified shall be defeated, the unnotified lienors are better off than before the appeal — and they will not be heard to object that another claimant was not served.</p> <p>Arpead Bond — Withdra wad oe Redease.</p> <p>2. When a bond has been filed and become a part of the appeal record, the court will not undertake to release the sureties thereon or affect the rights and liabilities of the respective parties thereto on an interlocutory motion.</p> <p>Mechanic's Lien — Mine Not a Stbuctube.</p> <p>3. A mine or mining claim is not a “structure” within the meaning of Section 3669, Hill’s Ann. Laws, which confers the right to a lien for material or labor used in any structure, so that a mill and a tramway thereto from a mine are structures by themselves, and a lien may be enforced against them without reference to the mine: Williams v. Toledo Coal Co. 25 Or. 426, cited.</p> <p>Mechanic’s Liens — Judgment Against Owneb.</p> <p>4. The decree in this case, though it may seem to be personal against the property owner for the amount of the contractor’s debts, is not so when closely examined.</p> <p>Decree Exceeding Sum Due on the Contbact.</p> <p>5. In a mechanic’s lien case the decree may under some circumstances be given for an amount exceeding the balance due the contractor: Hill’s Ann. Laws, l 3678.</p>

<p>From Multnomah: E. D. Shattuck, Judge.</p> <p>Action by Elizabeth Hess, administratrix, against the Oregon German Baking Oo. From a judgment for plaintiff, defendant appeals.</p>

From Coos : J. C. Fullerton, Judge. This is an action by the Coos Bay, Roseburg & Eastern Railway & Navigation Co. against J. H. Nosier upon a subsidy agreement made by the defendant in June, 1890, by which he agreed to pay plaintiff the sum of $1,000 in consideration of its building a railroad from Marshfield to Myrtle Point, in Coos County, on or before January 1, 1891, and to Roseburg, in Douglas County, by December 31 of the same year ; payment to be made in installments…

<p>Disbarment oe Attorney — Obstructing Courts oe Justice. *</p> <p>An attorney who has advised and assisted his client to disobey an order of court requiring her presence before the judge, after the order had been served on the client, and she had generally appeared in answer thereto, is guilty of intending to cause a failure of justice and should be disbarred.</p>

From Douglas : J. C. Fullerton, Judge. Decided 13 February, 1899. On First Motion to Dismiss Appeal. Suit by Phillip Merriam against the Victory Placer Mining Co., J. T. C. Nash, and others. From a decree directing distribution of the assets of defendant company, J. T. C. Nash appealed. Motion to dismiss appeal.

From Multnomah : John B. Oleland, Judge. Early in January, 1898, Theodore Altona, the plaintiff, commenced a suit in the Circuit Court of Multnomah County against Herman Vetter and A. L. McCully to foreclose a mortgage on real estate.

From Multnomah : John B. Cleland, Judge. Suit originally between Louise Robertson and Geo. F. Robertson, in the course of which the Blake-McFall Co. was cited as garnishee. Judgment was entered against the garnishee from which it appeals.'

From Baker : Robert Eakin, Judge. Writ of review by Charles M. Pierce against the Rock Creek Gold Mining Co. and another to vacate a judgment of a justice of the peace. From a judgment in favor of plaintiff, defendants appeal.

From Union : Robert Eakin, Judge. Suit by Jas. H. and W. R. Hutchinson against Gorham & Rothchild and the Sheriff of Union County to enjoin the sale of certain real property on execution.

From Malheur: Morton D. Clifford, Judge. Suit by J. M. Church, administrator of the estate of R. M. Steel, deceased, to close a partnership of his intestate with I. H. Adams, and for an accounting. Plaintiff appeals from the decree entered.

<p>Memorandum as Evidence. *</p> <p>To render a memorandum admissible in evidence it must appear that the person who made it Knew when he made it that it was true, and that he is now unable to state the facts except by using the statements therein contained: Friendly v. Lee, 20 Or. 202, cited.</p>

From Umatilla : Stephen A. Lowell, Judge. This is a proceeding by writ of review by C. O. Fanning and others against J. M. Gilliland and another to test the legality of the establishment by the County Court of Umatilla County, Oregon, of a road of public easement across the lands of the plaintiffs.

From Baker : Bobert Eakin, Judge. Action by Lulu P. Currey against W. F. Butcher and H. C. Eastham. The defendants are attorneys at law, and this action is brought against them to recover damages for an alleged negligent performance of professional duties.

From Wasco : W. L. Bradshaw, Judge. Action by Henry Gardner against Wasco County to recover damages for injures caused by sliding off a hillside county road. There was a judgment of nonsuit, hence this appeal.

From Union : Robert Eakin, Judge. This is a suit by the State of Oregon to determine an adverse claim to real estate.

From Union : Robert Eakin, Judge. Action by Fred. Nodine and wife against W. T. Wright and others to recover damages for an abuse of a trust in favor of creditors. From a judgment in favor of defendants, plaintiffs appeal.

<p>From Union: Robert Eakin, Judge.</p> <p>Suit by J. M. Hilts against Rachael Hilts. From a decree for defendant the plaintiff appeals.</p>

From Baker : Robert Eakin, Judge. This is a suit by S. L. Baer against Ada J. Ballingall and others to subject an unassigned dower interest in real property to the payment of a judgment rendered against the dowress.

From Umatilla: Stephen A. Lowell, Judge. This is a dispute between Letitia Lombard and C. B. Wade, who was receiver in the case of Conklin v. La Dow, reported in 33 Or. 354 (54 Pac. 218). The facts are fully stated in the opinion in that case.

<p>Law Governing School Elections — Duty oe Judges.</p> <p>School elections are not governed by the provisions of the general election law — and if a qualified elector is challenged, the judge is not under any obligation to determine his right to vote as would be required at a general or special election.</p>

From Linn : Henry H. Hewitt, Judge. This is a suit by Mary E. Swank, individually and as administratrix of J. it. Swank, deceased, and others, against Phillip Swank, to remove an alleged cloud from the title to real property, to set aside a deed thereto, and to cancel a bill of sale of personal property.

<p>From Umatilla: Stephen A. Lowell, Judge. ■</p> <p>Action by J. T. Lieuallen against Matt and James Mosgrove for damages caused by a fire originating where defendants’ threshing engine had stood, and said to have been caused by carelessly dropping live ashes into the stubble and failing to extinguish the fire remaining therein. There was judgment for plaintiff.</p>

<p>From Grant: Morton D. Clifford, Judge.</p> <p>' This is a suit by George Rader to enjoin the collection in part of a judgment for costs and disbursements by this court August 13, 1898, in favor of Emmet Barr as respondent, and , against. George Rader as appellant, for $215.85 : 33 Or. 375 (54 Pac. 210). The allegations of the complaint are, in substance, as follows : That in the case of Emmet Barr (respondent) v. George Rader (appellant) a judgment was rendered in favor of the respondent by the Supreme Court of the State of Oregon at its Pendleton May term for the year 1898 ; that thereafter, to wit, on September 5, 1898, the respondent filed a cost bill therein, composed of the following items :—</p> <p>Printing brief_____________________________________________________________$ 39 00</p> <p>Cost of transcript_________________________________________________________ 189 00</p> <p>Clerk’s fee, $40: paid on this, $-: due________________________________ 22 85</p> <p>Costs__________1___________________________________________________________ 15 00</p> <p>$215 85</p> <p>That the item, “cost of transcript” was wrongfully and fraudulently inserted in said cost bill by the respondent or his attorneys ; that the same was paid by the appellant before the cost bill was filed, and that therefore it should not have been included therein; that the clerk’s fees upon the appeal were $22.85, and no more ; that of said amount the appellant paid $10 piior to the rendition of judgment, and that at the time of filing said cost bill there was due for clerk fees $12.85, and no more ; that no objections were filed to said cost bill by the appellant within the time prescribed by law, and that the total amount thereof, to'wit, $215.85, was allowed and taxed by the clerk ;• that the Pendleton May term of said court adjourned for the term on August 13, 1898 ; that on October 13, 1898, by virtue of the mandate from the supreme court, a judgment was entered in the circuit court for Grant County in favor of Barr and against Rader for the sum of $215.85, the full amount of said cost bill; that neither Rader nor any of his attorneys knew, nor were any of them informed, of the said wrongful and fraudulent charges ■ contained in said cost bill until after the supreme court had adjourned for the term and the entry of the judgment in the circuit court. The prayer is that the judgment be set aside as to said items, that defendant be enjoined from enforcing the collection thereof, and for general relief. A motion to strike from the complaint the words ‘ ‘ wrongfully and fraudulently ’ ’ and ‘ ‘ wrongful and fraudulent ” being sustained, a demurrer was interposed upon the ground that the complaint does not state facts sufficient upon which to base equitable relief, which was also sustained, and a decree rendered dismissing the suit, from which plaintiff appeals.</p>

<p>Equity — Taxpayer’s Injunction Against Illegal Contract.</p> <p>1. An individual taxpayer may maintain a suit to enjoin the illegal diversion of public funds or property when it appears that the result of such diversion will be to increase the rate of taxation to be borne by all taxpayers: Brownfield v. Houser, 30 Or. 534, applied.</p> <p>Counties — Illegal Contract to Collect Taxes.</p> <p>2. A contract by county commissioners providing that, in consideration of N’s agreeing to 'assist in the collection of delinquent county taxes, the county. court will order the issuance of an alias warrant for their collection, and will advertise and sell the land and mortgages described in certain delinquent tax rolls to be prepared; that the proper county officers will bid in all property sold for which there may be no other bidders; and that N may obtain the certificate for any parcel so sold by paying the amount for which it had been sold to the county, is void as interfering with the duties of the county court, in that it provides in advance for the issuance of alias warrants, and requires the county judge to bid in all property offered for sale thereunder for which there may not be other bidders.</p> <p>Counties — Interference with Public Officers.</p> <p>3. A contract between a board of county commissioners and a private person under which the latter is to furnish corrected descriptions for parcels of realty not correctly or sufficiently described in the tax rolls, and the board is to direct the clerk to use such corrections in preparing delinquent tax rolls is void as an attempt by the board to*control the action of the clerk by making him prepare false delinquent rolls and causing him to alter the public records.</p>

<p>From Klamatli: W. C.,Hale, Judge.</p> <p>Action by Mary A. Jones against J. F. Adams to recover personal property. From a judgment for defendant, plaintiff appeals.</p>

From Marion : Reuben P. Boise, Judge. Suit by the state, on the relation of Levi Herren, against W. W. Hall, County Clerk of Marion County, and another, to enjoin the delivery by the clerk and payment by the Treasurer of Marion County of a warrant ordered to be issued by the county court to George G. Bingham on a claim presented by him for services in the collection of delinquent taxes.

From Clackamas : Thos. A. McBride, Judge. Action for conversion of wheat by J. F. Anderson against the Portland Flouring Mills Co. The defendant is a corporation engaged in the business of buying, selling, and storing wheat and manufacturing flour at Oregon City.

From Douglas : J. W. Hamilton, Judge. Suit by Sol Abraham against the Oregon & California Bailroad Co. and others to enjoin maintenance of a hotel and diversion of water, and for damages.

From Union : Robert Eakin, Judge. This is a suit by L. W. Tallmadge against A. B. Hooper and others to enjoin the prosecution of mining operations on, and to declare forfeited and canceled a lease of, mining ground.

<p>From Unión : Robeet Eakin, Judge.</p> <p>Ejectment by M. S. Crossen against E.W. Oliver. From a judgment in favor of defendant, plaintiff appeals.</p>

From Jackson : Hiero K. Hanna, Judge. This is a suit by John Mattis against Nelson Hosmer and others to enjoin the appropriation of water diverted from a nonnavigable stream, and to recover damages for an alleged trespass.

From Multnomah: Arthur L. Frazier, Judge. Mandamus by the State of Oregon, on the relation of Effie Fitzgerald, to compel Dan J. Moore, as Clerk of the Circuit Court for the County of Multnomah, to file a complaint in a divorce case without prepayment of the district attorney’s fees provided by Section 1073 of Hill’s Ann. Laws. A demurrer to the writ was sustained, and the proceeding dismissed, whereupon relator appealed.

From Multnomah: Alfeed F. Seabs, Jb., Judge. Application by the State of Oregon, on relation of Charles F. Lord, District Attorney for the Fourth Judicial District, for writ of mandamus to compel the grand jury of Multnomah County to inquire into a certain criminal charge. From a judgment dismissing the writ, plaintiff appeals.

From Washington : Thos. A. McBride, Judge. This is a suit to foreclose a mortgage.

From Yamhill: Geo. H. Burnett, Judge. Action by J. W. Henry to recover from Yamhill County the amount of his deputy’s salary, in which a demurrer to the complaint was sustained.

From Multnomah : Erasmus D. Shattuck, Judge. This is an action by William Everett Boyd, by R. B. Boyd, his guardian ad litem, against the Portland General Electric Co. to recover damages for an injury to plaintiff from an electric light ivire.

From Josephine : Hiero K. Hanna, Judge. This is an appeal from an order opening a consent decree, made on motion and -affidavits after the expiration of the term at which it was entered. The facts are fully stated in the opinion.

From Malheur: Morton D. Clifford, Judge. This is an action by Mary N. Emison against the Owyhee Ditch Co. to recover damages for the loss of crops alleged to have been caused by the defendant’s negligence in permitting water from its ditch to overflow plaintiff’s lands.

<p>License — Acquiescence as an Estoppel.</p> <p>The fact that defendant’s grantors silently acquiesced in the construction by plaintiff, at considerable expense, of an irrigating ditch across their lands, did not estop defendant, prior to the expiration of the period of limitation, from cutting off the supply of water, plaintiff’s right being a bare license, revocable at will: Lavery v. Arnold, 36 Or. 81, and Hallock v. Suitor, 37 Or. 9, followed; Qurtis v. La Grande Water Co. 20 Or. 31, overruled, on this point.</p>

From Marion: Reuben P. Boise, Judge. This is a suit by Nancy S. Belle and others against Charles A. Brown and others to establish and foreclose an alleged equitable lien upon certain real property.

<p>From Lake : Henry L. Benson, Judge.</p> <p>This is a proceeding for contempt, instituted by filing the following affidavit:.</p> <p>“In the Circuit Court oe the State oe Oregon eor Lake County.</p> <p>"State of Oregon ex rel. George Jones, v. Plaint~, "George Oonn, Defendani~.</p> <p>“State of Oregon, Jackson County. ss.</p> <p>“I, Austin S. Hammond, being first duly sworn, on oath, say I am the attorney for the above-named George Jones in a suit now pending in the circuit court for Lake County, -wherein said George Jones is plaintiff, and said George Conn is defendant, and on the-day of May, 1897, the Hon. W. C. Hale, one of the judges of said court, duly made and issued an order restraining the said George Conn, his attorneys, agents, and employees, from using any of the waters of Chewaucan River, in said county, for the purpose of irrigation upon the northeast quarter of section 23, or the north one-half of the northwest quarter of section 24, in township 33 south, range 18 east, of the Willamette Meridian, in said county, and said order is still in full force ; that I am informed and believe that said George Conn, in violation of said order, and with full knowledge thereof, and with the intention willfully to violate and disobey the same, has been during the past two weeks, and now is, using said waters for the purpose of irrigation upon said lands and all of them, and threatens to continue so to do, and he refuses to obey said order; that said order was duly served upon said George Conn a few days after the issuance thereof.</p> <p>Austin S. Hammond.</p> <p>Subscribed and sworn to before me and in my presence this twenty-first day of June, 1898.</p> <p>W. I. Vawtee, Notary Public for Oregon.”</p> <p>Upon presentation of the affidavit, a citation was issued by one of the judges of the First Judicial District, requiring the defendant to appear before him at Klamath Falls on a day named to show cause why he should not be punished for contempt. Thereafter such proceedings were had that at the hearing the defendant was adjudged to be in contempt of court, and sentenced to pay a fine of $1.00 and costs. From this judgment he appeals, assigning as error the insufficiency of the affidavit and want of jurisdiction.</p>

From Multnomah: Erasmus D. Shattuck, Judge. Action by Jacob Bloch against Sarah Sammons and Jos. Hubbell to recover possession of real property. Hub-bell alone defended and finally obtained a judgment. Decided 19 December, 1898. On Motion to Remit the Transcript to the Trial Court for Correction.

<p>From Douglas : Hiero K. Hanna, Judge.</p> <p>Petition by Asher Marks, as administrator, against W. H. Coats, as administrator of the estate of Thomas Coats, deceased, for the removal of defendant as administrator. From a decree of the circuit court affirming a decree of the county court in favor of petitioner, defendant appeals.</p>

From Washington : Thos. A. McBride, Judge. This is a suit by Mary Ann Barrett against John Schleich and others to enforce the specific performance of a parol agreement to conyey real property.

From Douglas : J. W. Hamilton, Judge. Suit by H. Wollenberg, administrator de bonis non of the partnership property of S. Marks & Co. against K. L. Minard and another. From a decree in favor of plaintiff, defendants appeal. ■