Volume 47 — Washington Reports

<p>Appeal from a judgment of the superior court for Chehalis county, Irwin, J., entered July 2, 1906, upon a trial and conviction of the crime of rape.</p>

, entered November 24, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action upon a hank draft.

, entered February 18,1907, after a hearing on the merits, adjudging a public use in an action to condemn land for the use of a highway.

, entered October 24, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to quiet title.

, entered November 21, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to recover over from a lot owner the amount paid on a judgment for injuries resulting from a defective sidewalk.

, entered October SO, 1906, upon the verdict of a jury rendered in favor of the defendants, in an action by the purchaser of drafts to enforce payment against the drawees.

, entered March 31, 1906, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, in an action to foreclose a lien for grading.

<p>Certiorari to review a judgment of the superior court for Pierce county, Huston, J., entered June 26, 1906, dismissing an application to compel a witness to produce documents and .answer interrogatories.</p>

, entered September 27, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action for an accounting and specific performance.

<p>Appeal from a judgment of the superior court for What-com county, Frater, J., entered April 18, 1907, disbarring an attorney from practicing for a term of two years, after a trial on the merits.</p>

, entered November 12, 1906, confirming an assessment roll for local improvements, after a hearing on the merits upon objections of property owners.

, entered October 20, 1906, upon the verdict of a jury rendered in favor of the plaintiff, after a trial on the merits, .in an action for the wrongful ejection of a passenger from a railway train.

, entered October 18, 1906, upon the verdict of a jury rendered in favor of the plaintiff in the sum of $2,700, after a trial on the merits, in an action for injuries sustained in stepping into an uncovered hot-water tank.

<p>AipeaL'—Review—New Tbial. The grant of a new trial for errors of law occurring at the trial does not involve the discretion of the court, and is reviewable on appeal.</p> <p>Master and Servant—Injuries—Safe Appliance—Evidence— Prima Facie Case. That a steel cable, furnished by a master to be used for a particular purpose, broke when used for that purpose, in a proper manner, is sufficient evidence to make out a prima facie case of negligence on the part of the master in furnishing or using the cable.</p> <p>Same—Pleading—Conclusions. A general allegation that a master failed to provide a safe place to work, following specific allegations of the acts committed, is a conclusion only, and does not admit evidence of negligence not covered by the specific charge.</p>

<p>Judgment—Res Judicata—Actions—Splitting of Causes. Upon a breach of an indivisible contract to convey certain lands, a judgment for specific performance as to one tract is a bar to another action for specific performance of another tract, where the failure to ask full relief was not due to fraud or mistake; since plaintiff cannot split up his cause of action.</p> <p>Same—Pleading—-Judgment on Pleadings—Estoppel. Failure of defendant to plead a former judgment as res judicata does not estop the defendant from taking advantage of the defense by motion for judgment on the pleadings, where the plaintiff sets up the former adjudication as affirmative matter in a reply.</p>

<p>Appeal from a judgment of the superior court for King county, Albertson, J., entered May 19, 1906, dismissing, after a trial on the merits, an action to reform a deed.</p>

, entered October 23, 1906, upon the verdict of a jury rendered in favor of the plaintiff, after a trial on the merits, in an action by an employee in a mill to recover for personal injuries sustained through the use of a defective appliance.

<p>Appeal from a judgment of the superior court for King county, Albertson, J., entered March 28, 1907, admitting a will to probate and appointing an administrator with the will annexed.</p>

, entered April 30, 1906, after a trial before the court without a jury, in an action of interpleader, awarding a deposit in court to one of the defendants.

<p>Appeal from a judgment of the superior court for Ska-mania county, McCredie, J., entered August 20, 1906, on the verdict of a jury awarding damages in a condemnation proceeding.</p>

, entered June 11, 1906, upon the verdict of a jury rendered in favor of the plaintiff, in an action-to recover for professional services.

, entered November 10, 1906, dismissing an action to set aside and cancel a deed of state lands, upon sustaining a demurrer to the complaint.

, entered May 5, 1906, after a trial before the court without a jury, declaring a lien upon lots for taxes paid, in an action brought to recover an interest in land.

<p>Appeal from a judgment of the superior court for Spokane county, Gilliam, J., entered September 18, 1906, upon findings entered in favor of the plaintiff, in an action for breach of warranty.</p>

Cross-appeals from a judgment of the superior court for' Spokane county, Gilliam, J., entered December 1, 1906, upon the verdict of a jury rendered in favor of the plaintiff, after a trial on the merits.

<p>Corporations—Foreign—Articles—Purposes—Authority to Do Business. A foreign corporation, whose articles designate trust or agency powers, is not entitled to file its articles with the secretary of state unless it is incorporated in compliance with Laws of 1903, p. 367, regulating the incorporation of such trust companies in this state; since, Const, art. 12, § 7, and Bal. Code, § 4291, provide that foreign corporations shall not be permitted to do business in this state on more favorable conditions than are prescribed by law for similar domestic corporations; and the disavowal of the foreign corporation to do a trust or agency business cannot affect the matter, as there is no method of mating the same a matter of record or giving notice thereof.</p>

, entered July 21, 1906, upon findings in favor of the defendant, dismissing an action for the cancellation of a deed, after a trial on the merits before the court without a jury.

, entered September 13, 1905, dismissing an action of replevin, upon granting a motion for a nonsuit at the end of plaintiff’s case.

, entered December 1, 1906, upon the verdict of a jury awarding damages for the value of land condemned for a railroad right of way.

, entered April 7, 1906, upon the verdict of a jury rendered in favor of the defendant, after a trial on the merits, dismissing an action for personal injuries •sustained by a minor employee in operating a cut-off saw.

, entered November 10, 1906, on the verdict of a jury rendered in favor of the plaintiff, after a trial on the merits, in an action for personal injuries sustained by an employee in operating a saw.

<p>Prohibition—To Courts—Adequate Remedy by Appeal—Change or Venue. Prohibition does not lie to prevent the trial of a cause after erroneously refusing to grant a change of venue, whereby the court has no further jurisdiction; since there is an adequate remedy by appeal, which is not affected by the fact of delay or expense not ultimately destroying the effectiveness of the judgment.</p>

, entered September 6, 1906, denying a writ of prohibition to restrain a justice from further proceeding with the trial of a cause.

<p>Vendoe and Purchases — Rescission by Vendors — Feaud—Evidence—Sufficiency. In an action for the rescission, hy vendors, of a contract for the sale of land, the evidence is sufficient to show that plaintiffs had been overreached hy the fraudulent practices of the defendant, where it appears that defendant persuaded them to sign a receipt for $22,500, as a cash payment, upon defendants entering into a contract to resell a portion of the land for that sum, hy which receipt the balance of the land sold was released from the conditions of the sale, while the defendant induced them to believe that the receipt had no such effect, and was not a receipt for a cash payment, it being unreasonable and inexplicable that the plaintiffs would have signed such a receipt except under the understanding represented to them by the defendant.</p>

, entered October 30, 1907, upon motion of the defendant, dissolving a writ of attachment issued during the pendency of an action to foreclose a mortgage.

, entered June 28, 1907, after a hearing on the merits, adjudging a public use and directing the assessment of damages in a condemnation proceeding.

<p>Appeal from a judgment of the superior court for King county, Frater, J., entered June 6, 1907, upon a trial and conviction of the crime of selling intoxicating liquors without a license.</p>

<p>Appeal from a judgment of the superior court for King •county, Morris, J., entered November 12, 1906, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, in an action to quiet title.</p>

, entered October 22, 1906, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, in an action to quiet title.

, entered May 12, 1906, in favor of the defendants, dissolving a temporary restraining order and vacating the appointment of a receiver.

, entered August 29, 1906, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, in an action to foreclose a chattel mortgage.

<p>Judgment—Vacation—By Action—Mebitobious Defense. In an independent action in equity to vacate a judgment,, alleged to be void for want of jurisdictional process, it is necessary for the plaintiff to allege that he has or had a meritorious defense, or that the judgment was inequitable, the plaintiff not being a nonresident.</p>

, entered November 26, 1906, upon the verdict of a jury rendered in favor of the plaintiff, in an action to recover for services performed under an alleged contract.

, entered November 19, 1906, upon findings in favor of the plaintiff, after a hearing on the merits, directing the payment. of alimony awarded by a decree of divorce.

<p>Appeal from a judgment of the superior court for Whitman county, Chadwick, J., entered July 13, 1906, upon findings in favor of the plaintiff, sustaining the validity of a street poll tax.</p>

Application filed in the supreme court September 17, 1906, for a writ of mandate to compel the commissioner of public lands to deliver a deed to tide lands, after confirmation of sale.

, entered November 22, 1906, upon the verdict of a jury rendered in favor of the plaintiff, after a trial on the merits in an action for conversion.

, entered January 19, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the coui’t without a jury, in an action of replevin.

<p>Appeal from a judgment of the superior court for Spokane county, Gilliam, J., entered September 21, 1906, upon a trial and conviction of manslaughter.</p>

, in. probate, entered December 8, 1906, in favor of the plaintiff, confirming the’ action of an administratrix in omitting to include certain real property in her inventory.

, entered October 11, 1906, upon findings in favor of the plaintiff, after a hearing on the merits before the court without a jury, enjoining the operations of a foreign corporation within the state.

Appeal by defendants from a judgment of tbe superior court for King county, Poindexter, J., entered December 7, 1906, upon the verdict of a jury in condemnation proceedings.

, entered March 26,. 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, enjoining proceedings to obtain title to public lands.

<p>Wills—Probate—Nuncupative Will—Variance — Amendment. Upon the prohate of a nuncupative will, the court may, in the exercise of its sound, discretion, permit the alleged will and records to be amended to conform to the facts found.</p> <p>Same—Time of Last Sickness—Necessity of Extremis. A nuncupative will is made “during the last sickness” of the testator, without reference to the fact of extremis or that there was opportunity to reduce it to writing, where the testator expected he was in his last sickness and about to die, and did thereafter die thereof.</p>

, entered November 7, 1906, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action for an accounting.

county, Joiner, J., entered January 7, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by an employee struck by a limb from a falling tree.

, entered December 7, 1906, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, in an action to rescind a sale of real property, and for an accounting.

<p>Pardons—Conditions — Authority of Governor — Revocation— Statutes—Construction. Under Bal. Code, § 6997, authorizing conditional pardons to be granted by the governor, on such limitations as he may think proper, the provision that he may “issue his warrant to carry into effect such pardon,” is not limited to the issuance of the warrant granting the pardon, hut reposes power in the governor to issue a warrant revoking a pardon which expressly provides that violation of its conditions shall cause its revocation, in the absence of any other statutory provision for determining when the conditions are violated.</p> <p>Same—Habeas Corpus—Mode of Trial. If a prisoner, rearrested after release on a conditional. pardon, is entitled to trial in habeas corpus proceedings to determine whether he has violated the conditions of the pardon, he cannot complain if he is awarded a trial before the court and the burden of proof is placed on the state.</p> <p>Same—Breach of Conditions—Evidence—Sufficiency. A prisoner who is pardoned upon condition that he should be placed under the care and surveillance of Dr. B., and that he should remain with and be supported by his relatives as long as he lives, is shown to have violated the conditions of the pardon where he remained with his relatives only a few days, was permitted to support himself, was married, visited houses of prostitution and frequently became intoxicated (Rudkin, Dunbar, and Fullerton, JJ., dissenting).</p>

<p>Appeal from a judgment of the superior court for Spokane county, Huneke, J., entered May 21, 1906, upon a trial and conviction of manslaughter.</p>

<p>Municipal Corporations—Ordinances—Superseding by State Law—Criminal Law—Offenses—Gaming. A city ordinance making gambling a misdemeanor is not superseded by a general state law making the acts defined in the ordinance a felony.</p> <p>Gaming—Description of Offense. An ordinance prohibiting many specific gambling games, and in general terms any game of chance for money whether or not of the kind mentioned, is broad enough to include the game of “twenty-six” although not enumerated.</p>

, entered October 18, 1906, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries.

, entered October 2T, 1906, upon the verdict of a jury for $8,000 damages for personal injuries sustained by a passenger in a street car collision.

, entered July 6, 1906, adjudging a public use, etc., in an action to condemn a Way for a ditch and the riparian rights to the waters of a nonnavigable arm of a lake.

, entered October 19, 1906, upon granting a nonsuit at the close of plaintiff’s evidence, dismissing an action to recover an attorney’s fee.

, entered November 3, 1906, upon the verdict of a jury rendered in favor of the plaintiff, in an action for causing the death of a minor child upon a railroad right of way.

, entered March 23, 1906, upon sustaining a demurrer to an information charging the defendant with violation of the state pilotage laws.

, entered August 25, 1906, in favor of the plaintiff, after a trial before the court upon an agreed statement of facts, in an action for conversion.

, entered December 10, 1906, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for personal injuries sustained by a passenger on a street car.

, entered December 10, 1906, upon findings in favor of the. defendants Matzger, after a trial on the merits before the court without a jury, upon issues between the defendants and an intervener as to the right to the proceeds of the sale of real property.

, entered January 26, 1907, upon findings in favor of the plaintiff, in an action by a taxpayer to enjoin the payment of county warrants, after a trial on the merits before the court without a jury.

, entered June 27, 1906, in favor of the plaintiffs, upon overruling a demurrer to the complaint, in an action by stockholders for the fraudulent diversion of the assets of a corporation.

, entered November 30, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action upon a contractor’s bond.

, entered January 14, 1907, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action on contract.

Application filed in the supreme court September 13, 1907, for a writ of mandate to the state auditor to compel the issuance of a warrant increasing the salary of a member of the state board of control.

<p>Appeal from a judgment of the superior court for Lewis county, Rice, J., entered May 4, 1907, in favor of the defendant, upon sustaining a demurrer to the information, dismissing a prosecution for the violation of the statute relating to the payment of wages.</p>

, entered January 21, 1907, denying the petitioners motion for leave to intervene and defend an action to foreclose a mortgage.

, entered March 8, 1907, in favor of the defendants, after a trial on the merits before the court without a jury, in an action for specific performance, and for damages.

, entered March 21, 1907, in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action on a promissory note.

, entered May 27, 1907, after a hearing on the merits, adjudging a public use, etc., in an action to condemn the waters of a stream for logging purposes.

, entered June 17, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action to establish a lost corner.

, entered March 29, 1907, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for damages for the negligent destruction of a building and injury to the contents.

, entered September 15, 1906, in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action of ejectment.

, entered June 28, 1907, upon findings in .favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to appropriate and condemn a right of way for a ditch for drainage purposes.

, entered March 26, 1907, upon findings in favor of the plaintiff, after a trial before the court without a jury, in an action to enforce a lien against a vessel for damages.

Cross-appeals from a judgment of the superior court for Pierce county, Irwin, J., entered February 14, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action for specific performance.

, entered January 28, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to declare a trust in real property.

, entered April 2, 1907, dismissing an action to quiet title, and awarding an undivided one-half interest in real property to the defendant, after a trial before the court without a jury.

• Appeal from a judgment of the superior court for Pierce county, Snell, J., entered March 28, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action for divorce.

, entered May 28, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to foreclose a pledge.

, entered March 27, 1907, granting a tempo rary injunction against the removal of timber, after overruling a motion for a change of venue.

■Application filed in the supreme court June 13, 1907, for writs of prohibition to prohibit the superior court for Pacific county, Rice, J., from the exercise of functions imposed by an act providing for the creation of Grays Harbor county.

, entered February 11, 1907, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, in an action to foreclose a mortgage.

, entered October 18, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an fiction for the dissolution of a partnership, and for an accounting.

, entered January 7, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action to foreclose mechanics’ liens.

, entered March 6, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action for an injunction and damages.

, entered August 26,1907, granting a writ of mandate to compel a county clerk to issue a certificate of naturalization, upon tender of the fee provided therefor by an act of Congress.

, entered January 30, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by a minor employed in operating a sash sticker.

<p>Appeal from a judgment of the superior court for King county, Frater, J., entered March 15, 1907, granting a non-suit at the close of plaintiff’s case, in an action on an indemnity bond.</p>

, entered April 11, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by a minor employed in a planing mill.

, entered April 24, 1907, upon sustaining a motion for nonsuit at the close of plaintiff’s testimony, dismissing an action for personal injuries sustained by a pedestrian through being struck by a street car.

, entered April 19, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by a passenger through a street car collision.

, entered February %, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal' injuries sustained by a passenger in a street car collision.

<p>Certiorari to revieiv an order of the superior court for Spokane county, Poindexter, J., entered June 29, 1907, denying a motion made by both parties to dismiss an action before trial.</p>

, entered April 3, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by a passenger in a street car collision.

, entered February 16, 1907, in favor of the defendant, after a trial before the court without a jury, dismissing an action to abate a nuisance, and for damages.

, entered March 25, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by an employee in a sawmill.

<p>Appeal—Orders Reviewable—Finality. An order accepting a receiver’s report and ordering his discharge is appealable as a final order.</p> <p>Same—Matters Determined on Former Appeal—Dismissal. An appeal will not be dismissed on the ground that the matters were determined in a former appeal where it is patent on the face of the motion that, if granted, the appellant could not enforce the orders made by the appellate court.</p> <p>Same—Amount in Controversy. An appeal from an order discharging a receiver, wherein is involved the disposition of $135 collected by him, will not be dismissed because not within the constitutional limit, $200, for actions at law for the recovery of money.</p> <p>Same. The supreme court will assume jurisdiction of a case where the amount involved is less than $200, where the appeal is in reality an attempt to compel the lower court to obey the mandate of the supreme court upon a former appeal.</p> <p>Same—Decision—-Mandate—Construction. Where the matter involved was the sum of $135 collected by a receiver, and on appeal and reversal or the judgment the appellate court found that the appellant was entitled thereto, and issued a mandate “directing payment to appellant of all money now in the receiver’s possession which he had collected from the city of S. since January 5, 1906,” the mandate was intended to refer to the $135 in dispute, so collected, regardless of whether it was “now in the receiver’s possession,” which was a mere inaptitude of expression.</p> <p>Appeal—Decision—Effect of Reversal—Payment Pending Appeal—Receivers. Money paid out by a receiver under order of court, after notice of appeal from the order, but before the appeal was perfected, is paid out 'at the peril of the receiver, who, upon reversal of the order, must look to the parties to whom it was paid.</p>

, entered March 16, 1907, after a hearing on the merits, approving an assessment roll, made by commissioners appointed to levy a special assessment upon property specially benefited by a municipal improvement.

, entered March 30, 1907, upon sustaining a demurrer to an information charging defendant with the offense of keeping a theater open on Sunday.

, entered June 7, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action impersonal injuries sustained by a passenger through being thrown from a street car. Affirmed.

, entered December 17, 1906, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by a passenger alighting from a street car.

, entered February 2, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by a passenger in a street car collision.

, entered February 9, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action upon a contract of indemnity.

, entered Jánuary 25, 1907, upon the verdict of a jury rendered by direction of the court in favor of the defendant, in an action for false imprisonment.

, entered March 16, 1907, upon sustaining a demurrer to the information, dismissing a prosecution for the crime of bigamy.

, entered March 5, 1907, upon findings in favor of the plaintiif, after a trial on the merits before the court without a jury, in an action to compel the delivery of a deed.

, entered January 19, .1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action upon a mutual benefit certificate.

, entered May 4, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by a passenger through the derailment of a street car.

, entered February 27, 1907, dismissing an action for personal injuries sustained in a fall from a wagon by reason of a defect in a street.

, entered November 17, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action for specific performance of a contract to convey real estate.

<p>Appeal from a judgment of the superior court for King county, Albertson, J., entered February 4, 1907, upon sustaining a demurrer to the complaint dismissing an action for specific performance.</p>

Appeal by defendant from a judgment of the superior court for Clallam county, Still, J., entered July 9, 1907, upon findings generally in favor of the plaintiff but denying relief to either party, after a trial on the merits before the court without a jury.

, entered June 25, 1906, upon the verdict of a jury rendered in favor of the plaintiff, in an action for damages from a nuisance.

, entered February 26, 1907, in condemnation proceedings, after an award by a jury of nominal damages for property appropriated for the purpose of widening a street.

Application filed in the supreme court October 28, 1907, for a writ of mandate to compel the state auditor to issue salary warrants to a state officer.

Cross-appeals from a judgment of the superior court for King county, Tallman, J., entered November 27, 1906, upon the verdict of a jury rendered in favor of the plaintiff, by direction of the court in an action on contract.

, entered January 22, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action to recover possession of real property.

, entered December 4, 1906, upon granting a nonsuit at the close of plaintiff’s case, dismissing an action for personal injuries sustained by a passenger.

, entered December 21, 1906, in favor of the plaintiffs, overruling a demurrer to the petition, in an action to review an order made by the state railway commission fixing rates to be charged for the carriage of freight.

, entered May 13, 1907, upon findings .in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to set aside a sale of real property on execution, and to quiet title.

, entered March 6, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by an employee of an electric company while removing a motor from the trucks of a street car.

, entered April 25, 1907, upon sustaining a demurrer to the complaint, dismissing an action for the specific performance of a contract to convey real estate.

, entered December 15, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action upon a surety bond.

, entered January 26, 1907, upon the verdict of a jury for $2,500 damages for personal injuries sustained by an employee in a sawmill.

, entered April 18, 1906, upon findings in favor of the plaintiff?1, after a trial on the merits before the court without a jury, in an action on a cost bond.

, entered December 3, 1906, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, in an action on a life insurance policy.

, entered May 16, 1907, upon granting plaintiff’s motion for a new trial, after sustaining defendant’s challenge to the sufficiency of the evidence and motion for judgment, in an action for personal injuries sustained by a pedestrian by being run over by an automobile.

, entered March 13, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by the negligent operation of an automobile.

, entered April 30, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to recover possession of real property and to quiet title.

, entered January 30, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to quiet title.

, entered February 25, 1907, upon sustaining defendants’ objection to the introduction of evidence, dismissing an action to enjoin the conveyance of real estate.

, entered May 11, 1907, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action of ejectment.

<p>Appeal from a judgment of the superior court for King county, Griffin, X, entered September 26, 1906, after a trial before the court without a jury, dismissing on the merits an action for the specific performance or a subscription contract.</p>

<p>Appeal from a judgment of the superior court for Spokane county, Kennan, X, entered April 11, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury.</p>

, entered November 10, 1906, on the verdict of a jury rendered in favor of the plaintiff, after a trial on the merits, in an action for personal injuries sustained by an employee in operating a saw.

, entered March 3, 1906, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries.

<p>Appeal from a judgment of the superior court for Stevens county, Warren, J., entered July 20, 1906.</p>