Volume 48 — Washington Reports

, entered May 24, 1907, upon granting a nonsuit, dismissing an action for specific performance of a contract to convey real estate.

<p>Appeal — Dismissal—Motion—Statement in Briefs. Where a motion to dismiss an appeal was filed before briefs were served, calling attention thereto in the briefs, in a conspicuous place, is sufficient notice that the motion will he urged at the hearing, without setting the same out in the brief.</p> <p>Same — Cessation of Controversy — Affidavits—Supplemental Record. A motion to dismiss an appeal because of the cessation of the controversy may be supported by affidavits containing copies of parts of the record below, which need not be brought up by supplemental record, where the affidavit is undenied.</p> <p>Same — Temporary Receivership. An appeal from an order appointing a temporary receiver will be dismissed because of the cessation of the controversy, where it is shown that, pending the appeal, the case had been tried on its merits and the temporary receivership superseded by a permanent receivership.</p>

, entered June 15, 1907, upon sustaining a demurrer to the information, dismissing a prosecution for the offense of engaging in the occupation of barbering without having obtained a license.

<p>Appeal — Review—Verdict—Suppioiency op Evidence. A verdict for $477.50, the exact amount claimed on a first cause of action, will not be set aside on appeal as contrary to the evidence from the fact that the plaintiff’s proof showed no such sum due on such cause of action, where the amount admitted to be due on the first cause of action, added to the amount claimed by the plaintiff upon a second cause of action, supported by his evidence, came to $477.40; since the verdict might have been arrived at by such computation, and ten cents is too small a discrepancy to be noticed by the courts.</p>

, entered April 1, 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 mortgages upon a homestead.

, entered May 14, 1907, in favor of the defendants, dissolving an attachment upon real estate, after a trial on the merits before the court without a jury, in an action upon-a promissory note.

, entered April 4, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action for partition.

, entered March 15, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action for conversion.

.Appeal from a judgment of the superior court for Pierce county, Huston, J., entered April 30, 1906, upon the verdict of a jury rendered in favor of the plaintiff, after a trial on the merits, in an action on a contract of employment.

, entered September 6, 1907, in favor of the defendants, upon sustaining a demurrer to the complaint, dismissing an action to enjoin an issuance of bonds in aid of a municipal improvement.

, entered October 30, 1906, upon the verdict of a jury rendered in favor of the plaintiffs, in an action upon a policy of fire insurance.

, entered May 8, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action to recover an agentas commissions.

, entered December 21, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action on a policy of fire insurance.

, entered November 4, 1907, upon sustaining a demurrer to the cross-complaint, determining the rights of conflicting claimants to a warrant, in an action of interpleader.

<p>Statutes — Titles and Subjects. The failure of the title of an act to indicate that the act carries a penalty for violation of its provisions, does not necessarily invalidate the act as containing more than one subject not expressed in the title.</p> <p>Same — Sufficiency of Title — Corporations—Officers—Liability. The title of an act limited to the protection of “stockholders or other persons dealing with the corporation,” is not sufficiently broad to include provisions making it a penal offense to issue false statements to persons “dealing with the stock of the corporation,” and the act is void as to such provisions, although valid as to its provisions relating to dealings with the corporation, and is not restricted to dealings with “stockholders” only.</p> <p>Corporations — Officers —■ Criminal Liability —■ Information — Duplicity. An information alleging the violating of a statute as to dealings with “the corporation and its stock,” which statute was valid as to dealings with the corporation, but void as to dealings with its stock, is not duplicitous, since it alleges the dealings with the corporation, and the allegations as to dealings with the stock charges no crime and is immaterial.</p> <p>Same — -Evidence—Criminal Law — Trial. Under such an information, it is error, upon evidence that the prosecuting witness bought stock in the corporation and arranged to take charge of one of its offices, to submit the case to the jux-y on the theox-y that the defendant would be guilty by reason of the dealings with the stock as well as by reason of the dealings with the corporation.</p> <p>Same — Evidence—Best Evidence — Corporate Capacity. Upon a prosecution for the violation of a statute relating to dealings with a coi’poration, it is error to admit, over the defendant’s objection, oral evidence of the incorporation of the company.</p> <p>Criminal Law- — Trial—Right to Joint Trial. One jointly indicted has no right to demand that he be jointly tried with his co-defendant, especially where it appears that he was the only real party defendant.</p>

<p>Municipal Coepobations — Indebtedness—Limit. Bonds payable out of tbe revenues of a water sysiem do not constitute part of tbe general municipal indebtedness, to be considered in determining its debt limit.</p> <p>Same — Additional Indebtedness — Computation. Bonds issued for tbe purchase of water works, payable out .of tbe city’s general fund, may be considered as part of tbe five per cent additional indebtedness allowed by tbe constitution for water, light, and sewer-purposes, although tbe city bad not reached its five per cent limit for general indebtedness.</p>

<p>Adultery — Elements of Offense — Persons Liable. Under Bal. Code, § 7230, defining adultery as the sexual Intercourse between a married person and one who is not such married person’s husband or wife, an unmarried man living in a state of adultery with a married woman is guilty of the offense, the statute applying to both parties.</p>

, entered March 16, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action to recover purchase money paid on a contract for the sale of real property.

, entered September 29, 1906, upon sustaining a demurrer to the complaint, dismissing an action against a school district for personal injuries sustained by a minor through the overturning of a bucket full of hot water.

, entered March 25, 1907, upon sustaining a demurrer to the amended petition, dismissing an action to condemn land for the use of a public highway.

<p>Rape — Evidence — Intent — Statements of Defendant. In a prosecution for rape, a statement by defendant antedating tbe commission of the crime is admissible, where it showed his state of mind and intention to commit the crime.</p> <p>Same — Witnesses—Privilege—Physicians. In a prosecution for statutory rape upon one under the age of consent, evidence as to pregnancy, by a physician who had made an examination, is admissible, where the relation of physician and patient did not exist, and no confidence was violated.</p> <p>Same — Testimony of Wife. In a prosecution for statutory rape upon one under the age of consent, who had since married the defendant, it is error to require the wife to appear in court for the purpose of being identified by a witness, when her condition as to pregnancy was apparent and could be observed by the jury, thereby in reality compelling the wife to become a witness against the defendant.</p> <p>Same — Criminal Law — Trial-—Improper Conduct of Counsel. In such a case, it is improper to call the wife to testify for the purpose of parading her condition before the jury and compelling the defendant to urge an objection which would tend to prejudice his case; and the same would be ground for reversal where it tended to prejudice the rights of the defendant.</p>

<p>Appeal from a judgment of the superior court for Spokane county, Huneke, J., entered May 3, 1907, dismissing an action for personal injuries, upon counsel’s opening statement to the jury.</p>

, entered April 17, 1907, upon the verdict of a jury rendered in favor of the defendant, after a trial on the merits, in an action on a bank check.

<p>Appeal from a judgment of the superior court for Spokane county, Huneke, J., entered March 6, 1906, dismissing a prosecution for the crime of extorting money by threats.</p>

, entered January 30, 1907, upon findings in favor of the plaintiff, after a trial upon an agreed statement of facts, in an action to foreclose a chattel mortgage.

, entered January 15, 1907, upon sustaining a demurrer to the complaint, dismissing an action to set aside tax foreclosure proceedings and for the cancellation of a tax deed issued thereunder.

<p>Appeal from a judgment of the superior court for King county, Frater, J., entered February % 1907, upon a trial and conviction of the crime of murder in the second degree.</p>

, entered February 23, 1907, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, in an action for divorce.

, entered April 10, 1907, upon sustaining defendant’s motion for judgment notwithstanding the verdict, in an action for personal injuries sustained by an employee by falling from a scaffold.

, entered January 26,1907, denying an application for a writ of mandate to compel payment to relators of a deposit in court by the garnishee defendants.

<p>Rape — -Evidence—Cobbobobation—Sufficiency. There is sufficient corroborative evidence, within Laws 1907, p. 896, requiring a prosecutrix for rape to be corroborated by evidence which “tends to convict the defendant of the commission of the offense,” where, in addition to evidence of similar acts during several years, circumstances and conditions showing opportunity at the time in question, and testimony of a physician establishing the fact of intercourse for a considerable period, it appeared that the defendant advised his wife to induce the prosecuting witness to leave the state, and his admissions showed that he had often taken liberties with the person of the prosecutrix.</p>

, entered February 9, 1907, granting plaintiff’s motion for a new trial, in an action for personal injuries sustained by an employee in a sawmill.

<p>Certiorari — Adequacy of Remedy by Appeal. There is no adequate remedy by appeal, and certiorari lies, where an administrator with the will annexed has been authorized to pay out $500 per month to the widow of the deceased, and during six months has paid out over $3,500 in costs of administration and other larger sums for other purposes.</p> <p>Executors and Administrators — Administration —■ Necessity. There is no justification for administration with the will annexed, in this state, thirteen years after the death of the testator, where he died in a sister state, and the widow was appointed executrix in that state, notice to creditors was duty given there, her accounts approved, and nothing remained to be done there except to distribute the estate according to the law of that state vesting the same in the devisees.</p> <p>Same — Allowance to Widow. An allowance to a widow for support pending administration cannot be granted thirteen years after the death of the testator, after ample allowances in another state under proceedings which were not closed up by final distribution owing to the neglect of the widow.</p>

<p>Corporations — Process—Actions—Venue—-Foreign Corporation —Having No Agent in State. Laws 1901, p. 356, § 6, requiring beneficial associations to appoint the state insurance commissioner, at Olympia, their statutory agent upon whom service of process may be made, does not require that actions against them be commenced in Thurston county, when such an association has no office or agent in the state for conducting its general business; Bal. Code, § 4854, requiring actions against a corporation to be commenced in the county where it. has an office or any person resides upon whom process may be served not applying in such a case.</p>

, entered June 8, 1907, in favor of the defendants, dismissing proceedings had under a writ of certiorari issued to review the action of a city council in granting a franchise for street railway purposes, after a trial before the court without a jury.

Hearing on application for disbarment filed in the supreme court, November 16, 1907, upon motion of the attorney general.

, 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 on contract.

, 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 shingle mill.

, entered September 18, 1907, after a trial on the merits before the court without a jury, dismissing an action brought by a stockholder to enjoin the sale of the entire property of a corporation.

, entered April 20, 1907, upon sustaining a demurrer to the complaint, dismissing an action to recover possession of real property and to quiet title.

, entered April 5, 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.

, entered January 19, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action on contract.

' Cross-appeals from a judgment of the superior court for Spokane county, Poindexter, J., entered May 3, 1906, upon the verdict of a jury rendered in favor.of the plaintiffs, in an action upon injunction bonds.

, 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 to dissolve a corporation.

, entered April 1, 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 damages for the destruction of a barn by fire.

, entered May 10, 1907, in favor of the defendants, dismissing an action for personal injuries sustained in falling down a trapdoor stairway.

, entered December 22, 1906, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action on contract.

, entered January 19, 1907, upon findings in favor of the defendant lessors, after a trial on the merits before the court without a jury, in an action to foreclose a mechanics’ lien.

, 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 to vacate a tax judgment.

, entered April 23, 1907, in favor of the defendants, denying an application for a writ of mandate, to compel a hearing upon an application to vacate a plat of tide lands.

, entered April 20, 1907, upon conviction of the crime of assault with a deadly weapon with intent to do bodily harm, after a trial upon an information charging the crime of assault with,intent to murder.

, entered April 11, 1907, upon the verdict of a jury rendered in favor of the plaintiffs, in an action on a contract of employment.

, entered November 1, 1906, in favor of the defendant, upon sustaining a demurrer to the affidavit, dismissing proceedings against the commissioners of a county for contempt in the assessment of benefits to land benefited by the construction of a drainage ditch.

, entered February 21, 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 April 9, 1907, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for personal injuries sustained by a passenger through the derailment of a street car.

, entered January 15, 1907, upon the verdict of a jury for $5,000 damages, for personal injuries sustained by an employee in a lath mill..

, entered April 15, 1907, upon sustaining a demurrer to the complaint, dismissing an action to quiet title and to recover possession of real property.

, entered January 27, 1906, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, in an action to quiet title.

, entered February 28, 1907, 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 as against purchasers at an executor’s sale.

<p>Criminal Law — Parties—Homicide—Accessory to Manslaughter. Under Bal. Code, § 6782, abolishing all distinctions between an accessory before the fact and a principal, a person counseling and abetting a manslaughter may be indicted and punished as a principal.</p> <p>Homicide — Manslaughter—Information—Sufficiency. An information charging a physician with manslaughter in counseling and directing the withholding of food, save water and the juices of fruit, “and such other nourishment as he, the said C. McF. might direct,” is insufficient in simply alleging that his directions were followed and the food given was insufficient to sustain life, since that is in the nature of a conclusion; and it is necessary to set forth a specific statement of all his directions, showing the kind and quantity of nourishment directed to be given and that starvation was the necessary result.</p>

, entered March 14, 1907, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action upon the unpaid subscriptions to corporate stock.

, entered September 12, 1906, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action to foreclose a mechanics’ lien.

, entered March 16, 1907, in favor of the defendant, upon sustaining a demurrer to the complaint, dismissing an action against an executrix to enforce a trust for the benefit of creditors.

, entered June 15, 1907, after a hearing on the merits, adjudging a public use and directing an assessment of damages in a condemnation proceeding.

, entered June 15, 1907, after a hearing on the merits, adjudging a public use and directing an assessment of damages in a condemnation proceeding.

, entered April 11, 1907, upon sustaining a demurrer to an application for a writ of mandamus, dismissing an action to compel the examination of an applicant to practice dentistry.

A. Coleman, judge pro tempore, entered March £S, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by an employee while operating a planing machine.

, entered April 4, 1907, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, in an action on contract.

, entered May 85, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action to compel specific performance of a contract to convey land.

<p>Appeal from a judgment of the superior court for Spokane county, Huneke, J., entered March 22, 1907, upon a trial and conviction of aiding and assisting in the crime of rape.</p>

, entered January 6, 1907, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, in an action to recover possession of personal property.

<p>Appeal — Record — Bill of Exceptions — Affidavits. Affidavits used upon a hearing to quash a service of summons must he brought up on appeal by hill of exceptions or statement of facts, or appeal from the order will be dismissed.</p>

<p>Master and Servant — Assumption of Risks — Obvious Dangers. A pit or hole three feet square and ten feet deep, in a shop near a drill press then being constructed, and which was uncovered except by a planlt three inches by twelve and four feet long, is such an obvious danger that notice must have been taken thereof by a helper, who fell into the hole while assisting to put in place a heavy wheel weighing fifty or sixty pounds, where it appears that the place was light, that he had just previously assisted in carrying and laying down a shaft within a few feet of the hole, that in carrying the wheel to the hole he had stepped on the plank over the same, and in some unexplained manner had lost his footing and fell into the hole.</p>

<p>Appeal from a judgment of the superior court for Spokane county, Yakey, J., entered November 20, 1906, upon granting a nonsuit at the close of plaintiff’s testimony, dismissing an action of forcible entry and detainer, after a trial before the court without a jury.</p>

, entered November 19, 1906, 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 through the negligent firing of a-blast.

, entered December 26, 1906, upon the verdict of a jury rendered in favor of the plaintiff, in an action to recover a balance on unpaid bank deposits.

, entered May 20, 1907, granting a temporary mandatory injunction requiring an irrigation company to deliver water to the plaintiff under the terms of a water right agreement. _

, entered December 1, 1906, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action to enjoin the removal of standing timber.

, entered December 10, 1906, in favor of the plaintiff by direction of the court, upon discharging the jury, after a trial on the merits, in an action of unlawful detainer.

<p>Appeal from a judgment of the superior court for Spokane county, Kennan, J., entered June 16, 1906, in favor of the defendant, confirming an assessment by a city for local improvements.</p>

, entered January 3, 1907, upon sustaining a demurrer to the complaint, dismissing an action for damages for false representations inducing the execution of a contract.

, entered February 21, 1907, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, dismissing an action to recover the value of personal property sold under attachment proceedings.

, entered July 23, 1907, granting to de1 fendant a new trial, after a verdict rendered in favor of the plaintiff for $25,544 damages for personal injuries sustained in a street car collision.

, entered October £0, 1906, upon the verdict of a jury rendered in favor of the plaintiff by direction of the court, in an action to recover a broker’s commission.

, entered April 18, 1907, granting a non-suit at the close of plaintiff’s case, in an action for personal injuries sustained by a brakeman while boarding a moving 'train.

, entered March 22, 1907, granting a permanent injunction, in an action to restrain the abatement of a nuisance upon premises used as a hotel.

, 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 vacate tax foreclosure proceedings.'

, entered May 18, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action to quiet title.

, entered November 13, 1906, in favor of the defendant, vacating the confirmation of a sale of real property made in probate proceedings.

, entered April 20, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action on a contract of employment.

<p>Evidence — Opinions—Market Value. The owner of premises is not always competent to testify as to the market value of his real property.</p> <p>Appeal — Review—Harmless Error — Evidence. It is not prejudicial error to refuse to allow an owner of a town lot to testify to its market value, where the testimony as to his knowledge and qualifications was extremely contradictory, and seven or eight other witnesses better qualified testified in his behalf.</p> <p>Same — Reversal not Beneficial — Cessation of Controversy. In condemnation proceedings, the defendant cannot allege error in that he was not allowed to show that his saloon license was rendered valueless by the appropriation, where pending appeal the license expired and he had received the benefit of 'it; since the controversy as to that had ceased before the hearing.</p>

, entered April 4, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action to cancel a promissory note and a mortgage.

, entered July 12, 1907, upon sustaining a demurrer to the complaint, dismissing an action to modify a foreign order granting temporary alimony pending divorce proceedings.

, entered April é, 1907, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action of unlawful detainer.

, entered September 30, 1907, upon sustaining a motion for nonsuit after the close of plaintiff’s case, dismissing an action for personal injuries sustained by a passenger through the collision of a vehicle with defendant’s cable car.

<p>Sales — Action for Price — Defenses — Breach of Warranty. Upon a defense of breach of warranty in an action for the purchase price of horses sold, the defendants need not prove scienter, and it is error to instruct that the burden was on defendants to show that the vendor knew that the facts warranted were false, even though the answer also pleaded deceit and false representations.</p> <p>Same — Trial—Instructions. Error in such an instruction is not cured by the fact that it might have been applicable in an action for deceit.</p>

, entered June 6, 1907, granting a nonsuit at the close of plaintiff’s testimony, dismissing an action for personal injuries sustained by an operator of a ripsaw in a sawmill.

, entered July 8, 1907, in favor of the defendants, upon granting a nonsuit at the close of plaintiff’s testimony, and the overruling of a demurrer to the cross-complaint, in an action to rescind a sale.

, entered January 31, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, enjoining the taking of water from springs appropriated by the plaintiffs.

, entered March 4, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action on contract.

Application filed in the supreme court January 3, 1908, for a writ of mandamus to the Honorable John B. Yakey, judge of the superior court for King county, to compel the fixing of the amount of a supersedeas bond pending appeal from a decree of divorce.

<p>Trusts.— Resulting Trusts — Parol Evidence to Establish. There is an exception to the rule that a trust in real'property cannot be proved by parol, where an effort was made to oust parties in possession claiming adversely, and the trustee intervened for their benefit, taking a quitclaim deed in his own name for convenience; since equity will not permit such a trustee to assert title against the persons for whose benefit it was acquired.</p> <p>Husband and Wife — Community or Separate Property. Where separate property of a husband is conveyed in exchange for other property, the latter is not community property.</p> <p>Trusts — Deed by Trustee — Joinder by Wife. Where property is acquired by a married man as trustee for another, his wife need not join in a conveyance thereof.</p> <p>Trial — Reception of Evidence — Time for Objection. An objection to parol evidence of a deed, on the ground that there was no sufficient evidence of its loss, is waived if not made when the parol evidence was offered.</p> <p>Money Paid — ;Liens for — Ejectment' — Lien for Advances. A lien for moneys, advanced by a trustee in compromising a foreclosure suit for the benefit of defendants, cannot be asserted by innocent purchasers from the trustee, in their action of ejectment, upon their failure to sustain their title, especially where the advancement was made as a gift or in discharge of a legal obligation.</p> <p>Appeal — Review'—Questions Not Presented Below. Unsuccess- ■ ful plaintiffs in ejectment, entitled to a lien for taxes paid, cannot assert a claim therefor on appeal, when not presented in the court below.</p>

, entered August 27, 1907, dismissing an action upon plaintiff’s failure to comply with an order requiring the filing of an additional cost bond.

, entered July 2, 1907, denying a petition to vacate an order setting aside property as a homestead for the use of a widow and minor children.

, entered February 20, 1907, 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 April 27, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action to recover the value of household goods destroyed by fire during shipment over defendant’s railway line.

, entered June 29, 1907, 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>Appeal — Record—Bill of Exceptions — Time for Service. A bill of exceptions not served, within 90 days from the date of rendition of judgment will be struck out where no extension of time was given, and the judgment affirmed when no questions are presented except such as are embodied in the bill.</p>

, entered May 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 quiet title.

Application filed in the supreme court December 7, 1907, for an order of suspension pending appeal from a judgment of the superior court for Stevens county, Chapman, J., entered November 30, 1907, enjoining the construction and operation of a railroad in front of the plaintiff’s premises.

, entered November 23, 1906, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action to enjoin the sale of real property under execution.

, entered August 23, 1907, denying to a county officer a writ of mandamus to compel a payment of salary, after a trial on the merits before the court.

, entered May 16, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action on a contract of employment.

, entered December 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 determine conflicting rights to a railroad right of way.

<p>Appeal from a judgment of the superior court for Snohomish county, Black, J., entered July 27, 1907, upon sustaining a demurrer to the complaint, dismissing an action to enjoin the collection of taxes excessively assessed against railway property.</p>

<p>Appeal from a judgment of the superior court for Walla Walla county, Brents, J., entered August 28, 1907, upon findings in favor of the defendant, dismissing an action by a school teacher to recover upon a contract of employment.</p>

, entered July 1, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, enjoining the diversion of the waters of a stream appropriated and used for irrigation purposes.

, entered October 14, 1907, upon the verdict of a jury rendered in favor of the defendant, in an action on promissory notes.

, entered February 7, 1907, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for money received.

, entered February 27, 1907, confirming a sale of real property on execution, after a trial on the merits before the court.

<p>Master and Servant — Negligence—Cause of Accident — Death —Evidence—Sufficiency. The evidence is insufficient to establish the cause of the accident whereby the operator of a ripsaw was killed, and a nonsuit is properly granted, where it appears that there was no witness to the accident, that the deceased had been struck in the abdomen by some blunt instrument, leaving a mark such as could have been made by a board which was found in close proximity to the deceased’s position in operating the machine, which board had indentations indicating that it might have been caught and thrown by the saw by reason of failure to guard the saw with a splitter, and where it was only by inference that it could be said that the saw was being operated by the deceased at the time of the accident.</p> <p>Same — Evidence—Admissibility—Remoteness. In an action for the death of an operator of a ripsaw, where there was no direct evidence of the cause of the accident and at most only an inference that a board might have been caught and thrown by reason of lack of a guard or splitter, evidence of a defect in the saw table is inadmissible as too remote.</p>

<p>Appeal by a defendant from a judgment of the superior court for Clarke county, McCredie, J., entered December 31, 1906, upon the 'verdict of a jury awarding damages in a condemnation proceeding.</p>

, entered March S3, 1907, refusing to quash service of notice and vacate a judgment of appropriation in proceedings to condemn land for a railway right of way.

<p>Sales — Action for Price — Evidence—Admissibility—Quality of Goods. Where, upon a claim of a breach of a warranty of shellac sold for finishing furniture, defendants in an action for the price had introduced evidence ténding to show that it was adulterated and worthless and that it flaked and chipped off after it had been treated with a glue preparation, it is competent for the plaintiff to show in rebuttal that, at defendant’s request, a witness had sold an inferior quantity of glue to them, which if used on the .furniture would have produced the effects ascribed by the defendant to the quality of the shellac, there being direct evidence that the shellac was of good quality.</p> <p>Same — Trial—Instructions — Errors Cured — Breach of Warranty — Delay in Making Claim. It is not prejudicial error to instruct that delay for a long time in asserting a claim for damages for breach of warranty for shellac sold is a circumstance against the good faith of the claim, where a further instruction was given to the effect that the party was under no obligation to return the property on discovery of the breach but could retain the same and recover his damages, in the absence of any request for any other instructions on the subject or any explanation of the instruction complained of.</p>

, entered June 27, 1907, upon granting a nonsuit, in an action for personal injuries sustained by an inspector of a building in course of construction.

, entered May 21, 1907, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action to reform a deed.

, entered May 13, 1907, upon findings in favor of the petitioner, after a trial on the merits before the court without a jury, adjudging a public use and ordering an assessment of damages in a condemnation proceeding.

, entered December 8, 1906, upon findings in favor of the defendants, after a trial on the merits before the court without a jury, dismissing an action to quiet title.

, entered December 15, 1906, upon the verdict of a jury rendered by direction of the court, dismissing an action for libel.

, entered May 4, 1907, upon findings in favor of the defendants, dissolving a writ of attachment, after a trial on the merits before the court without a jury.

, entered May 14, 1907, upon the verdict of a jury rendered in favor of the defendant, in an action for a broiler’s commissions for the sale of real estate.

, entered May 25, 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 thereto.

, entered May 7, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action of replevin.

, entered May 15, 1907, upon failure of the plaintiff to furnish a sufficient bill of particulars, dismissing an action by an attorney to recover for legal services rendered.

<p>Adverse Possession — Color of Title — Deed Outside of Chain of Title. Adverse possession of shore land lots belonging to the state cannot be claimed to be under color of title by virtue of a deed thereof made by a third person who -was never in possession and was not shown to have ever had any title thereto.</p> <p>Ejectment — Title of Plaintiff. In an action of ejectment plaintiff must recover on the strength of his own title.</p> <p>Same — Prima Facie Title — Prior Possession. In an action of ejectment, where neither party had title, the plaintiff does not make out a case of prima facie title by prior possession by showing that defendants obtained permission of the plaintiff to continue an oecupancy, when it appears that defendants bad possession prior to the making of an unwarranted claim to the land by the plaintiff, who never had any possession.</p> <p>Landlord and Tenant — Existence or Relation. Permission to continue an occupancy of land already held, is not sufficient to show a tenancy, where the land was held eighteen years without the payment of rent.</p> <p>Adverse Possession — Against State — Payment oe Taxes. The payment of taxes for seven years upon shore land lots does not show title as against the state.</p>

, entered March 29, 1907, upon sustaining a demurrer to the complaint, dismissing an action to recover a commission on the sale of real property.

, entered April 26, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries.

, entered June 25, 1907, upon granting a nonsuit, after a trial on the merits before the court and a jury, dismissing an action for conspiracy.

, entered July 20, 1907, upon findings in favor of the plaintiffs, after a trial on the merits before the court without a jury, in an action against the endorsers of a bank draft.

<p>Appeal from a judgment of the superior court for King county, Griffin, J., entered April SO, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action on a policy of indemnity insurance.</p>

, entered March 7, 1907, after a hearing on the merits, vacating an assessment made by commissioners appointed to levy an assessment upon property specially benefited by a municipal improvement.

Application filed in the supreme court September 17, 1907, for a writ’ of mandamus directed to the secretary of state to compel the filing and recording of the articles of a foreign corporation.

<p>Appeal from a judgment of the superior court for King county, Griffin, J., entered July 8, 1907, in favor of the defendant, dismissing an action for specific performance.</p>

, entered June 13, 1907, upon findings in favor of the plaintiff, upon an agreed statement of facts, in an action to enjoin interference with the rights of a riparian owner to the waters of a navigable stream.

, entered May 29, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for personal injuries sustained by an employee.

<p>Appeal from a judgment of the superior court for Pierce county, Clifford, J., entered October 21, 1907, upon sustaining a demurrer to the complaint, dismissing an action to quiet title.</p>

, entered January 30, 1907, upon findings in favor of certain claimants to the estate of a decedent, in an action to determine the lawful distributees thereof, after a trial before the court without a jury.

, entered May 6, 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.

<p>Appeal from a judgment of the superior court for Kitsap county, Prater, J., entered December 22, 1906, upon findings in favor of the defendant, after a trial on the merits before the court without a jury in an action to quiet title.</p>

, entered June 8, 1907, upon sustaining .a demurrer to the complaint, dismissing an action to enjoin proceedings under a judgment sustaining the action of the state board of medical examiners in revoking plaintiff’s license.

, entered January 16, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for damages for the death of a sawyer employed in a shingle mill.

, entered July 16, 1907, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, in an action of partition.

Application filed in the supreme court November 16, 1907, for a writ of prohibition to restrain the superior court for King county, Albertson, J., from further proceeding with the trial of a cause after denying a motion to dismiss the same.

<p>Appeal from a judgment of the superior court for Adams county, Warren, J., entered October 5, 1906, 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 laborer’s lien.</p>

<p>Eminent Domain — Damages—To Lands Not Taken — Special Finding — Effect. Upon an award of damages to land by tbe erection of a dam, depriving tbe owner of tbe benefit of a fall of six feet causing a swift current through bis land, a special finding of tbe jury tbat tbe current was of no value as a water power for purposes of irrigating lands not taken, is conclusive upon tbe question as to tbe depreciation in value of tbe lands sought to be irrigated, where tbe issue was as to whether such current could be utilized for tbat purpose; and it was accordingly not error to exclude evidence of tbe depreciation in tbe value of tbe lands not taken which were to be irrigated.</p> <p>Same — Water Power Appurtenant to Lands. Upon condemnation of lands to be overflowed by the erection of a dam, which would deprive the owner of a swift current through his land valuable as a water power, the current is an appurtenant to the lands actually taken, for which damages are to be assessed with the land, and is not an appurtenant to other land not taken where the power had not been developed and made appurtenant to such other lands.</p>

, entered October 14, 1907, upon sustaining a demurrer to the complaint, in an action to recover commissions, upon a sale of real estate.

, entered July 6, 1907, upon the verdict of a jury rendered in favor of the plaintiff, in an action for the conversion of sawlogs.

<p>Physicians and Suegeons — Pbacticing Dentistey — Ceiminal Law — Evidence—Sufficiency. The evidence is sufficient to sustain a conviction for practicing dentistry without a license where it appears that defendant, who had no license, made a new mouth plate for the prosecuting witness at the agreed price of $5, and in order to take an impression and fit the plate, extracted a tooth, although no independent charge was made for extracting the tooth; since taking the impression was in itself the practicing of dentistry.</p> <p>Same — Requieement of License — Constitutional Law. Bal. Code, § 3032 prohibiting the practice of dentistry without a license is not unconstitutional.</p>

, entered December 19, 1906, in favor of the plaintiff, after discharging the jury at the close of the testimony, in an action on contract.

s entered February 11, 1907, upon findings in favor of the defendant, after a trial on the merits before the court without a jury, in an action to recover the proceeds of a sale of personal property held under a chattel mortgage.

, entered July 27, 1907, upon findings in favor of the plaintiff, after a trial on the merits before the court without a jury, in an action on contract.

<p>Appeal from a judgment of the superior court for Benton county, Zent, J., entered May 13, 1907.</p>

<p>Appeal from a judgment of the superior court for Whatcom county, Neterer, X, entered May 4, 1907, upon sustaining a demurrer to the information.</p>

<p>Appeal from- a judgment of the superior court for Stevens county, Sullivan, J., entered September 23,1907.</p>

<p>Appeal from a judgment of the superior court for King county, Morris, J., entered January 25, 1907.</p>

<p>Appeal from a judgment of the superior court for King county, Morris, X, entered March 7, 1907.</p>