Surety includes maker of note given to secure note of corporation secured by its mortgage and indorsed by third person, p. 210. To same effect in O'Connor v. Braly, 112 Cal. 34; 53 Am. St. Rep. 157, as to like collateral note. Jury.-Presumption on Appeal is that jury is waived where record is silent, p. 211. To same effect in Leadbetter v. Lake, 118 Cal. 516, as to like presumption. 91 Cal. 213-222. PEOPLE v. BEAUDRY. Dedication of Street is shown by adoption of official map on which such streets are represented, p. 221. To same effect in Koshland v. Spring, 116 Cal. 696, as to sales by owners according to map executed by their agent. Nuisances.-Attorney General may sue for abatement of obstruction of public street, p. 220. To same effect in People v. Oakland etc. Co., 118 Cal. 240, as to action to quiet title of state to lands in city harbors. 91 Cal. 223-231. BONETTI v. TREAT. Assignee of Lease is liable on covenant to pay rent on assignment, when he has taken possession, p. 229. Cited in Northern Pac. Ry. Co. v. McClure, 9 N. Dak. 78, holding assignee of lessor entitled to enforce covenant as to indemnity; Summerville v. Kelliher, 144 Cal. 160, where trustee in bankruptcy of lessee accepts lease, he is bound by its conditions to same extent as lessee; Baker v. Maier etc. Brewery, 140 Cal. 534, in action against assignee of lease for rent, written assignment need not be shown. To same effect in Edmonds v. Mounsey, 15 Ind. App. 401, although assignees had not made actual entry. 91 Cal. 231-234. KIESSIG v. ALLSPAUGH. Surety is Discharged when obligee repays to principal a sum left by latter in his hands to pay debtor, p. 233. To same effect in Eppinger v. Kendrick, 114 Cal. 626, applying rule to maker of accommodation notes. 91 Cal. 234-238. KIESSIG v. ALLSPAUGH. S. C. 99 Cal. 452. Mechanics' Liens-Unrecorded Contracts.-Section 1183, Code of Civil Procedure, does not affect implied obligation from contractor to owner arising from performance of the contract, p. 237. To same effect in Rebman v. San Gabriel etc. Co., 95 Cal. 394, sus taining personal action on implied contract for labor and materials, although exceeding one thousand dollars. Mechanics' Liens.-Contractor's Bond is not void because of invalidity of contract under section 1183, Code of Civil Procedure, p. 236. To same effect in S. C. 99 Cal. 453, as to same bond; Blyth v. Robinson, 104 Cal. 241, when plan and specifications not recorded; and on same point, McMenomy v. White, 115 Cal. 344, and Summerton v. Hanson, 117 Cal. 253. Cited in Mangrum v. Truesdale, 128 Cal. 146, but holding bond under section 1203 void for want of filing; Union etc. Works v. Dodge, 129 Cal. 394, holding bond binding though given in reference to public building; Carpenter v. Furrey, 128 Cal. 669, as a case when constitutionality of section 1203 was not questioned. 91 Cal. 238-260. CITY OF PASADENA v. STIMSON. Municipal Corporation is entitled to right of eminent domain, p. 248. To same effect in Los Angeles v. Leavis, 119 Cal. 165, as to street opening proceedings under Stats. 1889, p. 70. Distinguished in Ex parte Jackson, 143 Cal. 569, municipal charter may authorize city to impose license tax on business. General and Special Laws defined and distinguished, p. 251. Cited in McDonald v. Conniff, 99 Cal. 391, holding general an act making certain document prima facie evidence in street assessment cases; Bruch v. Colombet, 104 Cal. 351, holding special an act permitting city treasurer to have custody of school funds in certain classes of cities; Robinson v. S. P. Co., 105 Cal. 550, holding special a statute to be applicable only to corporations created subsequent to specified date; People v. C. P. R. R. Co., 105 Cal. 584, holding general a system of railroad taxation; Bloss v. Lewis, 109 Cal. 498, holding special an act prescribing certain additional probate fees in counties of single class; Market Street etc. Co. v. Hellman, 109 Cal. 583, holding general certain code sections relating to railroad consolidations and holding these applicable to all corporations irrespective of time of incorporation; Marsh v. Supervisors, 111 Cal. 370, holding special an act providing for mode of primary elections in two classes of counties; Los Angeles v. Teed, 112 Cal. 328, sustaining acts providing for funding municipal indebtedness and excepting cities of first class; Ex parte Jentzsch, 112 Cal. 474, holding special an act prohibiting conduct of barber shops on Sundays and holidays, and see on same point Tacoma v. Krech, 15 Wash. 298; Cullen v. Glendora etc. Co., 113 Cal. 514, 515, holding special an act prescribing special procedure in actions to confirm irrigation bonds; dissenting opinion, Rode v. Seebe, 119 Cal. 524, holding special (main opinion contra) a special system of taxation for unsecured personalty; and see Dougherty v. Austin, 94 Cal. 622, Santa Cruz v. Enright, 95 Cal. 111, Darcy v. Mayor, 104 Cal. 646, Mintzer v. Schilling, 117 Cal. 363, Rauer v. Williams, 118 Cal. 406, 408, In re Mitchell, 120 Cal. 385, 394, and Wigmore v. Buell, 122 Cal. 147, cited under People v. Henshaw, 76 Cal. 436; Reclamation Dist. v. McCullah, 124 Cal. 178, holding section 3492. Political Code, general; City of Tulare v. Hevren, 126 Cal. 231, holding section 765 of municipal corporation act special; Johnson v. Goodyear etc. Co., 127 Cal. 16, 78 Am. St. Rep. 28, noted under Ex parte Westerfeld, 55 Cal. 551; Krause v. Durbrow, 127 Cal. 684, 685, noted under Ex parte Clancy, 90 Cal. 553; Escondido etc. Dist. v. Escondido Sem., 130 Cal. 134, 135, holding section 32 of Wright act general; Van Harlingen v. Doyle, 134 Cal. 57, noted under Smith v. Judge, 17 Cal. 556; Ex parte Pfirmann, 134 Cal. 150, but main case not discussed or applied; Skinner v. Mining Co., 96 Fed. 743, quoting McDonald v. Conniff, 99 Cal. 386; Pratt v. Browne, 135 Cal. 652, holding void provisions fixing salary of court reporter in one county; Madera County v. Raymond etc. Co., 139 Cal. 136, holding section 2692, Political Code, general; dissenting opinion, Estate of Johnson, 139 Cal. 541, discussing statutes of 1897, page 77; Ex parte Jackson, 143 Cal. 568, municipal charter may authorize city to impose license tax on business; Estate of Campbell, 143 Cal. 625, 627, upholding amendment of 1899 to collateral inheritance tax law; Deyoe v. Superior Court, 140 Cal. 481, upholding interlocutory divorce decree act of 1903 (Civil Code, secs. 131, 132); Waite v. Santa Cruz, 184 U. S. 321, upholding California act of 1883, authorizing governing body of incorporated cities to issue refunding bonds. Note citations: People v. Havnor, 52 Am. St. Rep. 716, on general subject. Eminent Domain. Complaint held sufficient as to allegations of termini in route, p. 252. Cited in San Francisco etc. Railway Co. v. Leviston, 134 Cal. 414, sustaining complaint in railroad case; citing main case also at pages 415, 416, on questions as to allegations of necessity of right of way. "Person" includes corporations, p. 248. Cited in Johnson v. Goodyear Min. Co., 127 Cal. 8, 78 Am. St. Rep. 21, noted under Douglass v. Pacific etc. Co., 4 Cal. 306; dissenting opinion in Beveridge v. Lewis, 137 Cal. 632, discussing section 1248, Code of Civil Procedure. Eminent Domain.-Necessity for Taking need not be shown in case of condemnation by city for sewerage, p. 253. To same effect in Santa Ana v. Harlin, 99 Cal. 541, as to proceedings for opening of street; City of Santa Ana v. Brunner, 132 Cal. 237, applying rule to opening of alley, and on point that plaintiff need not show tender of compensation to owner. Attorney is Presumed to have had authority to commence suit, P. 257. To same effect in Crystal etc. Co. v. Los Angeles, 82 Fed. Rep. 124, as to authority to file disclaimer. Eminent Domain.-Evidence is admissible in municipal condemnation for sewerage, that better route was procurable than that sought, p. 259. Cited in City of Santa Ana v. Gildmacher, 133 Cal. 397, allowing pleading of such fact as defense in absence of special demurrer. Distinguished in Pool v. Simmons, 134 Cal. 625, and held inapplicable in proceedings to review grant of ferry franchise by supervisors. Distinguished in Siskiyou v. Gamlich, 110 Cal. 100, where route for road had been officially determined by supervisors. Eminent Domain.-Municipal Corporation may sue to acquire property beyond its limits, p. 259. Cited in Hewett v. Irrigation Dist., 124 Cal. 192, as to power of irrigation district to contract to furnish water beyond its territory. Judicial Notice extends to fact of incorporation of city in this state, p. 256. To same effect in In re Chope, 112 Cal. 633, as to fact that certain cities named in insolvency schedule were cities of this state. 91 Cal. 260-264. VISHER v. SMITH. Claim and Delivery.--Complaint sustained as to plaintiff's title, p. 263. Cited in Cameron v. Wentworth, 23 Mont. 78, sustaining complaint as to right to possession. 91 Cal. 265-274. PEOPLE v. JOHNSON. Hearsay Evidence includes testimony of arresting officer as to description of defendant given him by prosecuting witness, p. 265. To same effect in People v. McNamara, 94 Cal. 514, as to admission of similar evidence. Approved in State v. Houghton, 43 Or. 129, testimony that prosecuting witness recognized photograph of defendant as that of person whom he desired to complain against is hearsay. Embezzlement defined and distinguished from larceny, p. 266. Cited in People v. Tomlinson, 102 Cal. 23, and People v. Shaughnessy, 110 Cal. 602, holding larceny shown; and ruling similarly, People v. Montarial, 120 Cal. 695; People v. Campbell, 127 Cal. 281, noted under People v. Raschke, 73 Cal. 378; People v. McMahan, 133 Cal. 281, sustaining conviction for embezzlement; People v. Dougherty, 143 Cal., 594, where defendant offered to buy sacks from owner and sell them to third party, and he was not employed by owner and shipment made by owner directly to third party, who paid price to defendant, latter is not guilty of embezzlement. General Citation.-Wood v. Lost Lake Mfg. Co., 23 Or. 24. 91 Cal. 274-278. STANTON v. FRENCH; 25 Am. St. Rep. 174. Exemption.-Peddler's Wagon is exempt when necessary in his busi ness as such, although also used for hire, p. 277. To same effect in Spence v. Smith, 121 Cal. 539, 66 Am. St. Rep. 64, holding necessary threshing outfit exempt, although also used for hire; In re Hindman, 104 Fed. 333, noted under Brusie v. Griffith. 34 Cal. 91 Cal. 278-282. BOGART v. CROSBY. Statute of Limitations does not run against amended complaint when cause of action not changed, p. 281. Cited in Frost v. Witter, 132 Cal. 425, 84 Am. St. Rep. 57, noted under Lestrade v. Barth, 17 Cal. 288; Atlantic etc. Co. v. Laird, 164 U. S. 402, 91 Cal. 282-285. MILLER v. SEARS; 25 Am. St. Rep. 176, note, 178. 91 Cal. 285-288. BLAISDELL v. MCDOWELL; 25 Am. St. Rep. 178. Cited in Mitchell v. McCormick, 22 Mont. 253, noted under Carr v. 91 Cal. 288-296. ETCHEPARE v. AGUIRRE; 25 Am. St. Rep. 180. Claim and Delivery.-Judgment for value cannot be rendered unless To same effect in Meads v. Lasar, 92 Cal. 225, holding such judg- Fraudulent Conveyance.-Employment of Vendor to take charge of property sold, after sale, provided fact of sale is apparent generally, To same effect in Pearce v. Boggs, 99 Cal. 344, holding erroneous an instruction that sale is valid if vendee can take possession at his will; Murphy v. Mulgrew, 102 Cal. 551, 41 Am. St. Rep. 202 (and note 203), holding no change of ownership shown by facts, in sale by husband to wife where he retains possession; Howe v. Johnson, 107 Cal. 76, ruling similarly as to like sale from father to daughter when no de- livery had for two weeks; Adams v. Weaver, 117 Cal. 48, but holding change of ownership apparent despite retention of vendor as employee; George v. Pierce, 123 Cal. 177, noted under Stevens v. Irwin, 15 Cal. 91 Cal. 296-304. BARRETT v. SOUTHERN PACIFIC CO.; 25 Am. St. Negligence.-Owner of Turntable is liable for injuries received there- |