Approved in Ex parte Gerino, 143 Cal. 420, invalidity of section 5 of medical act of 1901 does not affect rest of act.

Bank Suspending Payment is liable to depositors for interest on deposits, p. 72.

Approved in Baker v. Williams Banking Co., 42 Or. 222, depositors are entitled to interest on claims against insolvent bank from time of their allowance by court.

Banking Corporations.-Status of Pacific Bank discussed, p. 67.

Cited in Murphy v. Pacific Bank, 119 Cal. 338, but holding decision thereon unnecessary.

Stockholder's Liability.—Bank's pass-books are admissible to show indebtedness of bank to depositer, p. 69.

To same effect in San Pedro etc. Co. v. Reynolds, 121 Cal. 85, holding corporate books admissible in action based on bookkeeper's defalcation.

All Cal. 73-78. ZILMER v. GERICHTEN.

Ejectment. Possession by plaintiff is prima facie proof of ownership as against trespasser, p. 77.

Cited in Wilson v. Triumph etc. Co., 19 Utah, 75, 75 Am. St. Rep. 723, noted under Carpentier v. Small, 35 Cal. 346.

Nonsuit should be denied when there is any evidence tending to sustain plaintiff's case, p. 77.

Approved in Estate of Arnold, 147 Cal. 586, applying rule in will con

test.

111 Cal. 78-88. PEOPLE v. HOWLEY.

After Jury has Retired to Deliberate on Verdict they must be kept together, p. 86.

Approved in People v. Adams. 143 Cal. 211, granting new trial where after submission of cause jury separated into three parts and put in different rooms on different floors of hotel.

111 Cal. 88-96. SHANKLIN v. GRAY.

Penal Statutes should be strictly construed, p. 92.

To same effect in Joost v. Sullivan, 111 Cal. 296, as to mechanic's lien statute, discussing sufficiency of memorandum.

Mining Directors.-Act of 1880 is remedial as well as penal, p. 92.

To same effect in Ball v. Tolman, 119 Cal. 363, holding that act should not be strictly construed.

111 Cal. 96-106. DENMAN v. BRODERICK.

"Special Act" includes one appointing boards of election commissioners in cities of designated population, p. 102.

To same effect in Marsh v. Supervisors, 111 Cal. 370, as to primary election law for two classes of counties alone. Cited in City of Tulare v. Hevren, 126 Cal. 232, noted under Pasadena v. Stimson, 91 Cal. 238; St. Louis v. Dorr, 145 Mo. 476, as to act permitting cities of stated population to prohibit traffic in streets.

111 Cal. 106-114. SCHWARZ v. SUPERIOR COURT. S. C. HAGEN v. BETH, 118 Cal. 330.

Appeal.-Contempt cannot be predicated of disobedience of order after appeal taken therefrom, p. 111.

To same effect in Ex parte Queirolo, 119 Cal. 636, discharging party committed, on habeas corpus.

Appeal from Mandatory Injunction suspends its operation, p. 113. Cited in Mark v. Superior Court, 129 Cal. 6. noted under Dewey v. Superior Court, 81 Cal. 64; Vosburg v. Vosburg, 137 Cal. 496, noted under Livermore v. Campbell, 52 Cal. 75; De Lemos v. Siddall, 143 Cal. 316, where after modification of decree so as to award custody of minor to father, mother delivered custody to father, subsequent stay bond on appeal from modifying order was ineffectual; Maloney v. King. 26 Mont. 489, pending appeal from injunction pendente lite restraining defendants from entering or mining in part of claim of which they were in possession, supreme court will not suspend injunction.

Contempt.-Proceedings are criminal and to be construed in favor of respondent, p. 112.

Cited in Overend v. Superior Court, 131 Cal. 285, noted under People v. Turner, 1 Cal. 155; State v. District Court, 24 Mont. 35, noted under Ex parte Hollis, 59 Cal. 408.

Contempt.-Review on Certiorari extends to evidence in order to determine jurisdictional fact, p. 112.

To same effect in McClatchy v. Superior Court, 119 Cal. 418, annulling order of conviction thereof under facts stated; Younger v. Superior Court, 136 Cal. 687, annulling thereon an order striking out party's pleading for alleged contempt; Rogers v. Superior Court, 145 Cal. 92, order of superior court requiring petitioner to answer questions before grand jury in relation to matter which grand jury had disposed of, is void, and cannot be made basis of contempt order for its disobedience.

111 Cal. 118-121. BARFIELD v. SOUTH SIDE IRR. CO.

Appeal.-Errors of Law need not be specified in bill of exceptions, p.

Cited in Harper v. Gordon, 128 Cal. 491, as to order granting nonsuit.

111 Cal. 122-128. CALIFORNIA ETC. CO. v. PAULY.

Description.-Parol Evidence is admissible to identify property as that described in mortgage, p. 127.

To same effect in Higgins v. Higgins, 121 Cal. 489; 66 Am. St. Rep. 58, holding description in articles of separation sufficient.

111 Cal. 129-133. CARLSON v. BURT.

Election Contest is purely statutory, p. 132.

Cited in Powers v. Hitchcock, 129 Cal. 327, noted under Austin v. Dick, 100 Cal. 201.

Election Returns defined, p. 131.

Cited in People v. Stewart, 132 Cal. 284, discussing right to proceed with canvass.

111 Cal. 133-138. CALIFORNIA SAV. & L. SOCIETY v. HARRIS. Corporation may Foreclose mortgage to it, although articles not filed in county, when objection not pleaded in abatement, p. 136.

To same effect in Savings etc. Society v. McKoon, 120 Cal. 180, holding no filing necessary as prerequisite to foreclosure suit; Ward Land etc. Co. v. Mapes, 147 Cal. 752, 753, where plaintiff in action for conversion was foreign corporation which had not prior to commencement of suit filed articles of incorporation with secretary of state, it is not precluded from maintaining action where it complied with such condition prior to filing amended complaint.

Plea of Pending Suit is Ineffective unless former suit is pending at time plea is filed, p. 137.

Approved in dissenting opinion in Cook v. Ceas, 143 Cal. 235, majority holding before expiration of time for appeal from order settling guardian's account, action on guardian's bond is ineffectual.

111 Cal. 144-154. PEOPLE v. VAN EWAN.

Instructions on Facts.-Instructions as to credibility of witness criticised, p. 149.

To same effect in People v. Ellenwood, 119 Cal. 171, but sustaining instruction under rule in 34 Cal. 191. Cited in People v. Amaya, 134 Cal. 540, and People v. Dobbins, 138 Cal. 698, but sustaining instructions; People v. Boren, 139 Cal. 215, sustaining instruction as to defendant's credibility; People v. Tibbs, 143 Cal. 103, cautionary instruction as to oral admissions of defendant are not ground for reversal; People v. Wells, 145 Cal. 142, upholding instruction cautioning jury as to testimony of defendant; Rhea v. United States, 6 Okla. 270.

Notes Cal. Rep.-295.

111 Cal. 154-158. BARRETT v. SUPERIOR COURT, S. C. see ESTATE OF BYRNE, 122 Cal. 265.

111 Cal. 159-165. POPE v. ARMSBY CO.

Agency.-Ratification may be implied from failure to inquire into circumstances of assumed agency after notice thereof, p. 164.

To same effect in Wilder v. Beede, 119 Cal. 650, sustaining finding of ratification, under facts stated.

111 Cal. 165-180. DE LANY v. KNAPP.

Where Patentee of Homestead Claim Conveys Interest and subsequently acquires title by deed from transferee, homestead exemption is devested, p. 169.

Distinguished in Van Doren v. Miller, 14 S. Dak. 269, person making homestead entry having conveyed interest in land to wife, and it hav ing subsequently come to him through succession to her estate, before issuance of patent, it is not liable for his debts contracted while she owned it.

General Citation.-Flanagan v. Forsythe, 6 Okla. 239.

111 Cal. 180-189. WILLIAMS v. ASHE.

Sale by Pledgee in possession will transfer his rights to purchaser with knowledge, p. 184.

Cited in Brittan v. Oakland Bank, 124 Cal. 287, 288, 71 Am. St. Rep. 62-64, holding purchaser from pledgee of indorsed stock, under invalid sale, substituted as to pledgee's rights.

Replevin. Complaint must show ownership and right to possession at date of commencement of action. p. 188.

To same effect in Holly v. Heiskell, 112 Cal. 175, (cited in Lettelier v. Mann, 79 Fed. Rep. 82); Truman v. Young, 121 Cal. 491, and Irish v. Sunderhaus, 122 Cal. 310, cited under Affierbach v. McGovern, 79 Cal. 268. Cited in Yule v. Bishop, 133 Cal. 581, applying ruling to allegation of time of ownership of corporate stock; Anderson v. Bank of Lassen Co., 140 Cal. 699, upholding sufficiency of complaint in action to set aside judgment as against general demurrer, notwithstanding redundancy.

Leinor loses lien by refusal to deliver the property, and asserting no lien, p. 185.

Cited in Chase v. Putnam, 117 Cal. 369, as to distrainor's lien on animals taken damage feasant, but distinguishing, as in main case, rights of lienor under contract; Summerville v. Stockton etc. Co., 142 Cal. 541, in claim and delivery for crop by execution purchaser against

mortgagee, denial of ownership or right of possession of purchaser or of defendant's wrongful taking or withholding of possession is not averment of absolute ownership so as to waive mortgage lien.

Miscellaneous.-Summerville v. Stockton etc. Co., 142 Cal. 543, removal of wheat from land where grown for better protection of mortgagee does not impair lien.

111 Cal. 191-193. COOPER v. WILDER, 52 Am. St. Rep. 163.

Public Lands.-Patent.-Heirs of deceased claimant do not take by inheritance, p. 197.

Cited in Wittenbrock v. Wheadon, 128 Cal. 153. 79 Am. St. Rep. 35 (and note. page 36), holding portions of heirs not determined by laws of succession; Aspen v. Barry, 13 S. Dak. 223, applying rule to timber culture claim; M'Cune v. Essig, 118 Fed. 281. patent to widow of homestead upon her making final proof conveys land to her absolutely, and no inheritable interest passes to husband's children.

111 Cal. 198-205. STANFORD v. SAN FRANCISCO.

Municipal Corporation is liable for injuries to property owners on grade from accumulation of surface water during paving work, p. 202. Cited in Lampe v. San Francisco, 124 Cal. 548, but holding rule inapplicable to damages to property below the grade; Cloverdale v. Smith, 128 Cal. 233, noted under Conniff v. San Francisco, 67 Cal. 45.

111 Cal. 206-221. HAMMOND v. CAILLEAUD. 52 Am. St. Rep. 167. Partition. Interlocutory Decree is final as to matters adjudicated, p. 214.

Cited in Holt v. Holt, 131 Cal. 611, holding sufficiency of complaint reviewable on appeal from such decree only; Dunn v. Dunn. 137 Cal. 56, 57, 59, citing main case also in affirmance of right of purchaser to appeal from order denying confirmation, and as to his liability in case of his refusal to complete the purchase; Dakota etc. Co. v. Sullivan, 9 N. Dak. 306, holding order confirming execution sale appealable under local statutes.

Judicial Sales.-Purchaser is bound by principle of caveat emptor, p..

218.

See note to Pinkston v. Harrell, 71 Am. St. Rep. 246; Hammond v.. Chamberlain Banking House, 76 Am. St. Rep. 107.

111 Cal. 221-232. SOUTHERN PAC. R. R. CO. v. SOUTHERN CAL. RY.. CO.

Eminent Domain. Cited in Santa Rosa v. Fountain Water Co., 138 Cal. 581, as instance where such proceedings were called an "action."