(B) Judicial Powers and Functions. § 67. Held a judicial question to what extent the common law remains in force in the state. Cooper v. Seaverns (Kan.) 509. § 67. The rules imposed by statute for the probate of wills are obligatory on the courts not only as to the quantum of proof necessary to authorize probate, but also as to the particulars attending execution.-In re Noyes' Estate (Mont.) 1017. officers in discovery of property not listed for taxation, held not to confer upon the agent a power, coupled with an interest in the subject of the contract, which makes the agency irrevocable under the constitutional provisions prohibiting laws impairing the obligation of contracts.-State v. McCafferty (Okl.) 992. (C) Contracts of Individuals and Private Corporations. 154. Railroad Commission Law (Laws 1907, § 70. Where the Legislature has established p. 93, c. 53, § 48) held not to impair the obligaa reclamation district, it will be conclusively tion of a contract in violation of Const. art. 1, presumed that the Legislature took evidence in § 21, in so far as it affected a contract estab its determination, and its decision is not subject lishing interurban electric railway rates, made to judicial review.-Inglin v. Hoppin (Cal.) 582. by a street car company with its predecessors. $70. The rule that the decision of the Leg-Portland Ry., Light & Power Co. v. Railroad islature creating a reclamation district is conCommission of Oregon (Or.) 709. clusive, and not subject to judicial review, held not to apply to subordinate agencies, where discretion other than legislative is vested in them. -Inglin v. Hoppin (Čal.) 582. § 70. The motives of the Governor in approving an appropriation bill cannot be made the subject of judicial inquiry for the purpose of invalidating or preventing the full operation of the bill.-Lukens v. Nye (Cal.) 593. § 70. The court held required to conclusively presume, in a collateral attack on the legality of a new reclamation district, embracing existing districts, that the Legislature acted with due regard to the rights of the landowners of the old districts, and that the act is valid. Reclamation Dist. No. 70 v. Sherman (Cal. App.) 277. § 70. Statutes attempted to be sustained by the police power as regulations to protect public health and safety will be overthrown if, under the guise of police regulations, they attempt to regulate personal or property rights.-Ex parte San Chung (Cal. App.) 609. $70. The court in determining the constitutionality of a statute held not authorized to deal with the policy of the statute.-Ex parte O'Shea (Cal. App.) 776. IX. PRIVILEGES OR IMMUNITIES, $ 205. Laws 1909, p. 122, c. 92, relating to betting on inclosed race tracks held not to violate Const. art. 3, § 11, and article 5, § 26.State v. Rose (Mont.) 82. $ 205. Laws 1909, p. 8, c. 7, relating to liquor licenses held not to create a privileged class within Const. art. 3, § 27.-State v. Board of Com'rs of Natrona County (Wyo.) 295. hibit a reasonable classification of persons and $206. Const. U. S. Amend. 14, does not prothings for the purpose of legislation.-State v. Sherman (Wyo.) 299. X. EQUAL PROTECTION OF LAWS. hibit a reasonable classification of persons and $209. Const. U. S. Amend. 14, does not prohibit a reasonable classification of persons and things for the purpose of legislation.-State v. things for the purpose of legislation.—State v. Sherman (Wyo.) 299. § 211. Laws 1907. p. 296, c. 183, providing that certain public officers shall not be entitled to witness fees in certain cases, does not deprive such officers of the equal protection of the law. -Claflin v. Board of Com'rs of Wyandotte County (Kan.) 19. IV. POLICE POWER IN GENERAL. § 240. Sacramento City Ordinance No. 824, § 81. A state's police power involves the not discriminatory against laundry men as in§ 3, regulating the location of laundries, heid right to make regulations for the protection of dividuals or as members of the Mongolian race. the public health, safety, morals, peace, educa--Ex parte San Chung (Cal. App.) 609. tion, good order, convenience, and general prosperity.-State v. Sherman (Wyo.) 299. VI. VESTED RIGHTS. § 93. The Legislature held authorized to limit the number of liquor licenses within any described territory.-State v. Board of Com'rs of Natrona County (Wyo.) 295. § 101. Railroad Commission Law (Laws 1907, p. 93, c. 53, § 48) held not to impair any vested rights contrary to Const. art. 11. §. 2, in so far as it affected a contract establishing interurban electric railway rates made by a street car company with its predecessor.-Portland Ry., Light & Power Co. v. Railroad Commission of Oregon (Or.) 709. § 101. Though the right of a railroad company to collect reasonable fares is a vested right, it is subject to the exercise of the police power of the state for the promotion of the public welfare, and the protection of the public and the carrier.-Portland Ry., Light & Power Co. v. Railroad Commission of Oregon (Or.) 709. VII. OBLIGATION OF CONTRACTS. (B) Contracts of States and Municipalities. § 121. A contract, made under the authority of Act May 29, 1908 (Laws 1907-08, p. 729, c. 81, art. 9), by the board of county commissioners with an individual, to assist the county XI. DUE PROCESS OF LAW. 251. Const. U. S. Amend. 14, does not prohibit a reasonable classification of persons and things for the purpose of legislation.-State v. Sherman (Wyo.) 299. § 278. The division of a school district by the Legislature and the transfer of part of the property to a new district held not a taking of property without due process of law, the state being the beneficial owner, and the transfer amounting merely to the naming of new trustees.-Pass School Dist. of Los Angeles County v. Hollywood School Dist. (Cal.) 122. § 296. Laws 1909, p. 8, c. 7, relating to liquor licenses held not to deprive one of his property without due process of law, in violation of Const. art. 1, § 6.-State v. Board of Com'rs of Natrona County (Wyo.) 295. § 298. Laws 1905, p. 183, c. 135, relating to usury held not unconstitutional as a deprivation of liberty without due process of law.-State v. Sherman (Wyo.) 299. XII. RIGHT TO JUSTICE AND REME- § 321. Under Bill of Rights, art. 2, § 6, providing that right and justice shall be administered without sale, denial, delay, or prejudice, the courts are commanded to administer justice without prejudice.-Ex parte Ellis (Okl. Cr. App.) 184. §321. Sess. Laws 1908, p. 285, c. 27, art. 1, § 8, relating to change of venue, held not to abridge declaration in Bill of Rights, art. 2, § 6.-Ex parte Ellis (Okl. Cr. App.) 184. § 321. Under Bunn's Const. art. 2, § 15, a change of judge for bias held a constitutional right.-Rea v. State (Okl. Cr. App.) 384. CONSTRUCTION. Of contracts, instruments, or judicial acts or proceedings. See Bills and Notes, §§ 117, 120; Bonds, § 50; Chattel Mortgages, § 127; Covenants, § 39; Deeds, $$ 97, 113, 181; Statutes, §§ 181-277; Wills, §§ 439-602. Constitution, see Constitutional Law, §§ 12-26. Contract for sale of land, see Vendor and Purchaser, 77. Findings by court, see Trial, § 404. Agreements within statute of frauds, see Frauds, Statute of. Alteration, see Alteration of Instruments. Cancellation, see Cancellation of Instruments. Estoppel by contract, see Estoppel, § 78. Excessive damages for breach of contract, see Damages, 140. Impairing obligation, see Constitutional Law, §§ 121, 154. Operation and effect of gaming laws, see Gaming, $ 19. Insurance contract, see Insurance, §§ 146- Operation and effect of usury laws, see Usury, 1792. Verdict, see Trial, § 343. CONSTRUCTIVE NOTICE. See Notice, § 6. CONTEMPT. $$ 5, 76. Parol or extrinsic evidence, see Evidence, §§ 390-460. Reformation, see Reformation of Instruments. Specific performance, see Specific Performance. Subrogation to rights or remedies of creditors, see Subrogation. Contracts of particular classes of persons. Disobedience of subpoena as contempt, see Wit- See Carriers, § 254, 259; Corporations, § 461; nesses, § 21. II. POWER TO PUNISH, AND PROCEEDINGS THEREFOR. Appellate jurisdiction of particular courts, see Courts, 2402. $34. Probate courts have, independent of statute, inherent power to punish for contempt persons who in open court refuse to comply with its lawful orders, or in any manner impede the orderly transaction of its business.-Ex parte Hanson (Kan.) 694. $66. In a proceeding against defendant for violation of an injunction against the sale of intoxicating liquors at a certain place, the finding of the lower court that the liquors sold were intoxicating, based on sufficient evidence, is not reviewable on appeal.-State v. H. Ilgner & Co. (Kan.) 14. III. PUNISHMENT. Release from commitment by habeas corpus, see Habeas Corpus, § 30. CONTEST. Of county seat election, see Counties, § 29. Of election, see Elections, §§ 285-307. CONTINUANCE. In criminal prosecution, see Criminal Law, §§ 586-603. Review of discretionary rulings on motion for, see Appeal and Error, § 966; Criminal Law, § 1151. § 7. A motion for a continuance is addressed to the discretion of the trial court.-Storer v. Heitfeld (Idaho) 55. § 19. A motion for a continuance for absence of party held addressed to the trial court's discretion.-Storer v. Heitfeld (Idaho) 55. § 19. Continuance because of absence of party held erroneously denied.-Storer v. Heitfeld (Idaho) 55. Master and Servant; Municipal Corporations, § 248; States, §§ 91-109; Warehousemen. Agent, see Principal and Agent, § 155. Foreign corporations, see Corporations, § 657. Married women, see Husband and Wife, § 79. Contracts relating to particular subjects. See Interest; Public Lands, §§ 135, 139; Waters and Water Courses, §§ 155, 158. Patented articles, see Patents, §§ 221, 225. Transportation of passengers, see Carriers, §§ 254, 259. Particular classes of express contracts. See Bailment; Bills and Notes; Bonds; Covenants; Insurance; Landlord and Tenant; Partnership; Principal and Agent; Sales. Employment, see Master and Servant. Sales of realty, see Vendor and Purchaser. Stipulations in actions, see Stipulations. Suretyship, see Principal and Surety. Particular classes of implied contracts. See Work and Labor. I. REQUISITES AND VALIDITY. (A) Nature and Essentials in General. Certainty of bonus contract with railroad company, see Railroads, § 64. § 2. The lex loci contractus must govern as to the validity of a contract.-Jamieson v. Potts (Or.) 93. (D) Consideration. $ 50. "Consideration" defined.-Grant v. Isett (Kan.) 1021. § 76. A debt barred by limitations may constitute a valuable consideration for a contract. -Hoover v. Wasson (Cal. App.) 945. (F) Legality of Object and of Consideration. $126. A contract between the Governor and the beneficiary under an appropriation bill, by which the Governor approved and signed the bill on the beneficiary agreeing to accept a less amount in full satisfaction, is void as against public policy.-Lukens v. Nye (Cal.) 593. II. CONSTRUCTION AND OPERA TION. CONTRIBUTORY NEGLIGENCE. CONVERSION. (A) General Rules of Construction. Estoppel to allege indivisibility, see Estoppel, § 92. See Negligence, § 88. Trover and Conversion. § 144. The lex loci contractus must govern Wrongful conversion of personal property, see as to the interpretation and construction of a contract.-Jamieson v. Potts (Or.) 93. § 150. The court can only construe the written contract made by the parties, and cannot make one for them.-Brian v. Oregon Short Line R. Co. (Mont.) 489. $153. The court must give effect to the contract of the parties where that is possible. Frese v. Mutual Life Ins. Co. of New York (Cal. App.) 265. § 170. Where the parties to a contract have given it the same practical construction, that construction will generally be adhered to by the courts.-Roberts v. Tuttle (Utah) 916. CONVEYANCES. In fraud of creditors, see Fraudulent Conveyan ces. In trust, see Trusts, §§ 25-39. Conveyances of particular species of, or estates Water rights, see Waters and Water Courses, Particular classes of conveyances. $170. The general rule stated as to giving to See Chattel Mortgages; Deeds; Mortgages. ambiguous contracts the construction placed thereon by the parties.-State v. Mountain Spring Co. (Wash.) 243. $171. Failure to pay the consideration moving to a public service corporation is, as a rule, a bar to an action for not rendering the service under such a contract, brought by the party failing to pay.-State v. Mountain Spring Co. (Wash.) 243. (B) Parties. 187. Where a lessee employed third persons to manage the premises, held, that the contract could not be enforced by lessor against them under Civ. Code, § 1559.-Russell v. Banks (Cal. App.) 261. § 188. Plaintiff, who merely signed a contract under a statement that it thereby consented to the contract which was in terms made between defendant and others, held not bound to assume any obligation thereunder except not to prevent the parties bound thereby from carrying out the contract, construing it according to Rev. Codes, §§ 5026, 5027, 5028, 5032, 7873. Henry O. Shepard Co. v. Freeman (Mont.) 484. § 188. When one who signs a contract, though not mentioned therein, is prima facie not bound thereby, stated.-IIenry O. Shepard Co. v. Freeman (Mont.) 484. V. PERFORMANCE OR BREACH. § 303. Where a contract is made in contemplation of the continued existence of a subject-matter, which is after the making of the contract destroyed without the fault of either party, nonperformance of the contract is excused.-Levy v. Caledonian Ins. Co. (Cal.) 598. § 303. A contract calling for the rendition of personal service by one is subject to the implied condition that, in the event of his death, further performance on both sides will be excused.-Levy v. Caledonian Ins. Co. (Cal.) 598. VI. ACTIONS FOR BREACH. CONVICTS. Pardon, see Pardon. CORPORATION COMMISSION. Delegation to, of power of eminent domain, see Judicial notice of, see Evidence, § 22. Particular classes of corporations. Banks, see Banks and Banking. I. INCORPORATION AND ORGAN IZATION. § 16. Subscription to the capital stock is not essential to the legal existence of a corporation.-American Radiator Co. V. Kinnear (Wash.) 630. II. CORPORATE EXISTENCE AND FRANCHISE. Impairment of vested rights, see Constitutional III. CORPORATE NAME, SEAL, DOM- § 55. Under Civ. Code, §§ 301, 303, 305, a requirement of a by-law of a corporation not for profit that a stockholder to be eligible for Nature and form of action as on contract or for office of director must hold a designated numtort, see Action, § 27. § 325. The remedy to enforce a contract or to recover damages for its breach is governed by the law of the forum.-Jamieson v. Potts (Or.) 93. $335. A complaint, in an action to recover a premium offered on a horse race, held sufficient under B. & C. Comp. § 88.-Tongue v. State Board of Agriculture (Or.) 250. $346. Where plaintiff relied wholly on an alleged express contract, he cannot recover for reasonable value; no contract being proved. Wright v. Sonoma County (Cal.) 409. ber of shares of stock, held valid.-Waterbury v. Temescal Water Co. (Cal. App.) 940. IV. CAPITAL, STOCK, AND DIVI- (A) Nature and Amount of Capital and § 66. Laws 1907, p. 237, c. 140, § 23, requiring payment of certain fees upon increase in the capital stock of a corporation, requires payment whenever there is an increase in the corporation's power to issue stock.-State v. St. Louis & S. F. R. Co. (Kan.) 685. § 66. Laws 1907, p. 237, c. 140, § 23, held not to enable a foreign corporation to defeat or postpone the right to exact a fee by omitting to file the certificate of increase of capital. State v. St. Louis & S. F. R. Co. (Kan.) 685. (B) Subscription to Stock. $92. Where the purchase of corporate stock was induced by false representations by the president, neither such president nor the corporation can recover on notes given for the price.-Cunningham v. Morris (Wash.) 839. § 92. Statements printed in small type in the order for the purchase of corporate stock held not to estop the purchaser to defend an action on notes for the price as induced by false representations.-Cunningham v. Morris (Wash.) $39. (D) Transfer of Shares. § 348. In an action against the trustees of a corporation to hold them personally liable for corporation indebtedness, a judgment against the corporation for the same debt, held conclusive that the trustees did not exceed their authority. American Radiator Co. v. Kinnear (Wash.) 630. VII. CORPORATE POWERS AND LIABILITIES. (A) Extent and Exercise of Powers in General. § 377. That Laws 1905, p. 51. c. 27. authorizing corporations to hold stock in another corporation affords an opportunity of stifling competition in business, does not alone render the act unconstitutional.-State v. Superior Court (Wash.) 637. (D) Contracts and Indebtedness. $123. One who bought stock with his employers' money held not entitled to pledge it for Entire or severable contracts, see Contracts, § his own debt.-Menardi v. Wacker (Nev.) 287. $133. Evidence of the establishment of a trust held admissible under an allegation of ownership, transfer, and possession of certificates of bank stock.-Cahlan v. Bank of Lassen County (Cal. App.) 765. § 133. In an action to compel a bank to transfer certain shares on its books to plaintiffs and to pay plaintiffs the dividends due thereon, evidence held sufficient to justify a finding that the certificates were indorsed to the plaintiffs and that the original owner held them in trust for plaintiffs.-Cahlan v. Bank of Lassen County (Cal. App.) 765. V. MEMBERS AND STOCKHOLDERS. (A) Rights and Liabilities as to Corporation. § 180. Where a corporation was without a board of trustees because of a deadlock among the stockholders, one faction was not responsible for failure to rebuild and operate the plant after its destruction by fire.-Weymouth v. Oudin (Wash.) 1027. (D) Liability for Corporate Debts and Acts. § 221. Under Ballinger's Ann. Codes & St. tit. 23. c. 1, §§ 4250, 4265, 4266 (Pierce's Code, $$ 7053, 7067, 7068), a creditor who has dealt with a corporation cannot, after recovering judgment against the corporation, charge the stockholders as partners for the same debt, without alleging and proving fraud. The right to question the validity of the corporation held only to be exercised by the state.-American Radiator Co. v. Kinnear (Wash.) 630. $ 225. In the absence of legislation, the liability of a stockholder to the creditors of a corporation ends when his stock has been fully paid up.-Bicknell v. Altman (Kan.) 694. VI. OFFICERS AND AGENTS. (A) Election or Appointment, Qualification, and Tenure. $282. A stockholder, not qualified at time of his election as director, held not entitled to oust the person elected in his stead on his thereafter becoming qualified, in view of Civ. Code, 308.-Waterbury v. Temescal Water Co. (Cal. App.) 940. (D) Liability for Corporate Debts and Acts. $ 330. Officers of corporations are not individually liable to the corporation creditors because the capital stock was not fully subscribed, unless made so by the express terms of the statute under which it was organized.-American Radiator Co. v. Kinnear (Wash.) 630. 171. $461. The contract of a corporation is legal if not expressly prohibited, and it may loan its surplus funds in the absence of an express prohibition.-Frese v. Mutual Life Ins. Co. of New York (Cal. App.) 265. (F) Civil Actions. $507. Under Wilson's Rev. & Ann. St. 1993, (par. 4268), c. 66, art. 6, § 70, service of a summons in error on the secretary of a corporation, without a showing that the other chief officer could not be found within the county, held insufficient.-Cunningham Commission Co. v. Rorer Mill & Elevator Co. (Okl.) 676. insufficient.-Bartlett Estate Co. v. Fraser (Cal. § 514. A denial of corporate existence held App.) 130. § 518. A corporation, after pleading generally, cannot complain that there was no affirmative proof of corporate existence.-IIale v. Crown Columbia Pulp & Paper Co. (Wash.) 480. XI. DISSOLUTION AND FORFEITURE OF FRANCHISE. § 600. Where stockholders were unable to elect a board of trustees, the law compelled a dissolution of the corporation.-Weymouth v. Oudin (Wash.) 1027. XII. FOREIGN CORPORATIONS. § 638. A foreign corporation complying with the statute will not be deemed within a subsequent statute requiring foreign corporations to apply to a charter board for permission to do business in the state.-State v. St. Louis & S. F. R. Co. (Kan.) 685. § 642. A single act of business by a foreign corporation, within Const. art. 12, § 15, must be an act of the ordinary business of the corporation.-General Conference of Free Baptists v. Berkey (Cal.) 411. § 642. A single sale of real estate of a foreign religious, missionary, educational or charitable corporation held not a transaction of business within Const. art. 12, § 15, so that the failure to comply with Civ. Code, § 598, did not render the sale invalid.-General Conference of Free Baptists v. Berkey (Cal.) 411. § 642. "Transacting business," as used in the statute referring to foreign corporations. defined.-General Conference of Free Baptists v. Berkey (Cal.) 411. § 642. A provision of law in the Indian Territory prior to statehood, that, if a foreign corporation fails to file its certificate designating à resident agent and its principal place of business, all its contracts with citizens of the territory shall be void, held not to relate to a con tract of employment of a fiduciary agent in another state before the corporation commenced business in the territory.-Verdigris River Land Co. v. Stanfield (Okl.) 337. $ 657. The appointment of an agent to transact the company's business is not "doing business" within the state.-Verdigris River Land Co. v. Stanfield (Okl.) 337. SCS4. Upon an application for appointment of receiver of a foreign corporation, where its title to the property is attacked, held error to refuse to consider its answer on the ground that it had failed to comply with the foreign corporation law.-Idaho Fruit Land Co. v. Great Western Beet Sugar Co. (Idaho) 562. I. NATURE, GROUNDS, AND EXTENT OF RIGHT IN GENERAL. § 22. Code Civ. Proc. § 1022, subd. 3, and section 1025, held to forbid the recovery of costs by defendant merely defeating plaintiff in an action on a money demand.-Frese v. Mutual Life Ins. Co. of New York (Cal. App.) 265. § 36. County courts are entitled to the same presumption of jurisdiction as district courts.Ex parte Brown (Okl. Cr. App.) 577. § 42. Judgment taxing costs to defendant up to the time of tender of amount alleged to be due and remainder to plaintiff held not error.-Kerr v. Coberly (Kan.) 520. V. AMOUNT, RATE, AND ITEMS. $173. Under Ballinger's Ann. Codes & St. § 5172 (Pierce's Code, § 1109), held, that but one attorney's fees can be taxed, regardless of the number of trials.-Bennett v. Seattle Electric Co. (Wash.) 825. $192. Where the court decrees that plaintiff take nothing, and that the appointment of a receiver was wrongful, it was not error to tax plaintiff with costs of the receivership.-Bellamy v. Washita Valley Telephone Co. (Okl.) 340. VII. ON APPEAL OR ERROR, AND ON NEW TRIAL OR MOTION THEREFOR. § 232. On the dismissal of an appeal for want of prosecution, the court only allows the statutory costs, including the statutory attorney's fee. Hallidie Machinery Co. v. HaydenCoeur d'Alene Irr. Co. (Wash.) 140. § 247. On dismissal of an appeal for want of prosecution, the court will not grant a special allowance for attendance on the motion to dis miss.-Hallidie Machinery Co. v. Hayden-Cœur d'Alene Irr. Co. (Wash.) 140. not be allowed on the dismissal of an appeal for want of prosecution, where the record showed only lapse of time and annoyance incident to every appeal.-Hallidie Machinery Co. v. Hayden-Cœur d'Alene Irr. Co. (Wash.) 140. § 264. Under Supreme Court rules 24 and 28 (91 Pac. xi), where cost bills were not filed within 20 days after decision, nor until the issuance of a mandate, the mandate would not be recalled for that purpose.-Zeuske v. Zeuske (Or.) 249. § 264. B. & C. Comp. § 568, as amended by Laws 1903, p. 209, does not apply to the taxation of costs in the Supreme Court.-Zeuske v. Zeuske (Or.) 249. IX. IN CRIMINAL PROSECUTIONS. § 284. Costs cannot be imposed as part of the penalty in the absence of general provisions therefor in the Codes, or special provision as to the particular offense.-State v. Stone (Mont.) 89. COUNCIL. See Municipal Corporations, §§ 96-120. COUNTERCLAIM. See Set-Off and Counterclaim. COUNTIES. See Municipal Corporations. County attorneys, see District and Prosecuting Attorneys. Validity of statute not to be operative until put in effect by county board as delegation of legislative power, see Constitutional Law, § 63. I. CREATION, ALTERATION, EXISTENCE, AND POLITICAL FUNCTIONS. Judicial notice of creation and existence, see Criminal Law, § 304. II. GOVERNMENT AND OFFICERS. (B) County Seat. § 29. Rule stated as to new election under Const. art. 17, § 6, where the majority of the votes cast at a special county seat election shall not be received by or counted in favor of any place voted for.--Incorporated Town of Westville v. Incorporated Town of Stilwell (Okl.) 664. § 29. A ballot cast by a qualified elector who has not subscribed and sworn to the affidavit required by Sess. Laws 1907-08, p. 382, c. 31, art. 4, § 12, held not to be counted for any of the contesting places at a county seat election, but to be counted as one of the votes cast in determining the requisite majority.-Incorporated Town of Westville v. Incorporated Town of Stilwell (Okl.) 664. § 29. To determine the majority of votes cast at a county seat election held under Const. art. art. 4, there must be a majority of all the bal17, § 6, and Sess. Laws 1907-08, p. 378, c. 31, lots cast on such question by the qualified electors of the county whether or not they can be counted for either contestant.-Incorporated Town of Westville v. Incorporated Town of Stilwell (Okl.) 664. 4, § 12, providing that every person desiring to § 29. Sess. Laws 1907-08, p. 382, c. 31, art. vote at a county seat election shall subscribe and swear to a certain affidavit, held mandatory.-Incorporated Town of Westville v. Incorporated Town of Stilwell (Okl.) 664. § 258. The expense of successful party for briefs in Supreme Court held not taxable against the losing party.-Combs v. Miller (Okl.) 322. $260. Under Ballinger's Ann. Codes & St. § 6522 (Pierce's Code, § 1070), damages will § 29. Where, in a contest of a county seat election, there was no showing that the county |