3--Municipal, is creature purely of sta-
tute; power to "license and regu-
late," effect of; nature of ordinances
passed in pursuance thereof. Ex parte
Frank on Habeas Corpus,
4-What articles must set forth; effect
of articles. Monterey and Salinas Val-
ley R. R. Co. v. Hildreth,

CREDITORS.-May attack fraudulent
deed. Ybarra v. Lorenzana,

CRIMINAL LAW.-Jury must have no
reasonable doubt of guilt. People v.
Morine,
2-Defendant entitled to benefit of
doubt in degree of offence; jury may
find guilty of any offence included in
indictment. People v. Jones,
3- The locus delicti must be proved un-
der plea of "not guilty.” "People v.
Bevans,

4.-Accomplice of sheriff not guilty of
burglary. People v. Collins,
5-Definition of poison intended by sec.
216, Penal Code. People v. Van
Deleer,

DAMAGES.-Action by one corpora
tion against another to be limited to
actual damages sustained. Stockton
and Linden G. R. Co. v. Stocton and
Copperopolis R. R. Co.,
2-Diverting water from its natural
channel; owner of land entitled to;
erroneous instruction. Creighton v.
Evans,
3-Actions for negligence, rule of. Chi-
dester v. Con. People's Ditch Co.,
4-Rule of, in action on attachment un-
dertaking. Hurd v. Barnhardt,
DEED.-Description in, to be most
strongly construed against grantor.
Hagar v. Spect,

395

64

131

248

397

398

86

constitutes, as

406

6

104

45

against one who wrongfully assumes to
act as attorney in fact for another.
Hagar v. Spect,
EVIDENCE.- -(See School Trustees;
Criminal Law, 1, 2; New Trial;
Rape.) Negligence, when question of
fact, to be left to jury; evidence of
experts not admissible, nor opinions
of witnesses. Shafter v. Evans,
EXECUTOR.- Powers of, suspended
until determination of petition alleging
waste. Estate of White.
2-Cannot present unsettled account of
deceased executor. Wetzler v. Fitch, 46
3-Is an officer of the court; holds
property of the estate in trust. Ex
parte Smith. (See Contempt.)
FACTORS.- -Power of, to deal with
property. Green v. Campbell,
FINDINGS. (See Practice, 2.) Gen-
eral, in favor of one party or the
other, not sufficient; must dispose of
the issues. Johnson v. Squires,
2-Affirmative

382

49

111

149

152

168

5-Must support judgment. People of
City and County of San Francisco v.
Quackenbush,

246

6-Must show possession of mining
ground and title acquired under act of
Congress of May 10, 1872.

6

Gelcick v.

95

Moriarty el al.,

384

109

DEFAULT.--Not opened to let in tech-
nical defense. Ridley v. Scott et al.,
DIVORCE.--Failure to prove grounds
of, cause of reversal. Christie v.
Christie,
DRIFTED LUMBER.-Proofs to be
made in action for; defendant's claim
of damages imposes no duty on plain-
tiff in selection of appraisers ; section
2,390 Political Code. Flanders v.
Locke,
2-Owner of, on land of another not a
tresspasser. Ibid,
EASEMENT.-What is a grant of.
Cave et al. v. Crofts et al.,
EJECTMENT.-If no evidence of ad-
verse possession, instructions will not
be considered. Green v. Whipple, 244
2-Effect of adverse possession for five
years in. Unger v. Roper,

84

123

152

inalice and want of probable cause must
concnr. Anderson et al. v. Coleman, 397
INSTRUCTIONS.-(See Damages, 2.)
Must not be contradictory. Chidestër '
v. Con. People's Ditch Co.,
2-Proof of Special agreement required
by. Hurd v. Barnhardt,
JURISDICTION.-Of Justice of the
Peace in trespass where answer in-
volves question of title. Livingston v.
Morgan,

LAND OFFICE.-Application at, to ob-
tain title does not tend to show con-
trol over lands applied for. Pulliam
et al. v. Cherokee Flat Blue Gravel
Company,

LETTERS TESTAMENTARY.--To a
person not designated ir the Court or-
der, vid. Estate of Frey. (See
Common Property.)

168

110

28

34

2-When issued without bond one may
subsequently be required. Estate of
White,

45

MARRIED WOMEN.-Husband must
join in power of attorney executed by
wife. Heinlen v. Martin

MINES AND MINING. Mining
ground must be so marked as to en-
able to trace boundaries. Holland et
al. v. Mount Auburn Gold Quartz M.
Company. (See Findings, 6,)
MORTGAGE.--In suit to foreclose, per-
sons beneficially interested are proper
parties; not so those claiming adverse-
ly to mortgegor. Croghan v. Minor
and Spence,
2-Mortgagee subsequent to homestead
declaration, no right to redeem from
sale under prior mortgage. Hershey
v. Dennis,
3-Lien of, for deficiency not depend-

ent on action of sheriff or clerk; their
duties ministerial. Frost v. Meetz,
4-Failure to pay interest on note se-
cured by, effect of; may be foreclosed
in part.
Bank of San Louis Obispo v.
Johnson,
NEW TRIAL-Must be granted in case
of murder, when death not proved.
People v. Wong Shu Shut,

169

385

71

93

453

37

effect of subsequent action against
firm. Barber v. Barnes,
PARTIES. Purchasers in possession of
land to be made parties in action to
determine title. Robinson v. Gleeson, 88
PARTITION.-Any one of several co-
tenants of real property may institute
proceedings in; where ordered, or a
sale directed, an interlocutory decree
is indispensable. Lorenz v. Jacobs, 90
PETITION FOR RE-HEARING.-
Omission to file in time. Baker v.
Carrillo,
PLEADINGS.-Must be appropriate and
directed to particular issues before re-
lief can be given on that ground. Bih-
ler v. Platt,

2-In action for goods furnished wife,
complaint must aver them sold to
husband. Simon, Jacobs & Co. v.
Scott,

3-If no counter claim, plaintiff may
dismiss action; what is not a counter
claim; appealable order. James et al.
v. Center et al.,

250

10

87

20

92

110

4-Averment of ownership of fences in
trespass unnecessary where plaintiff
has possession of lands. Livingston
v. Moran,
5-Under general denial special matters
of defense not to be proved. McGuire
y. Quintana. (See Criminal Law, 3,) 246
6---Assumed sufficiency of denial in an-
swer, effect of. Cave et al. v. Crafts
et al. (See Undertaking.)
POISON.-Definition of. (See Criminal
Law, 5.)

POWER OF ATTORNEY.-(See Mar-
ried Women.)

PRACTICE. —(See Replevin; New Trial,
2.) An estate in fee not necessary to
maintain an action for determination
of adverse claim to real estate. Pierce
v. Felter,

359

83

155

165

4-Errors of law to be excepted to.
Smith v. Lawrence,

153

36

2 Will be awarded, when judgment
for too much. Sepulveda v. Jolinson, 248
PARTNERSHIP.--Decree of dissolu-
tion when; accounting when; failure
of firm does not work dissolution;

5--Acceptance of notice of motion for
new trial, effect of. Frost v. Meetz, 155
6-Denial of rehearing not to control ac-
tion of Court below. Keller v. Tansey, 244
PRESUMPTION. —( See School Trus-

tres.)

PUBLIC LAND.-Defective application
for, prior to June 12, 1868, cured by

454

statute of March 24, 1870. Wanzer
v. Somers,
2-In equitable claim to patented lands,
residence of pre-emption settler must
be on proper Congressional subdi-
vision to which land belonged. Fer-
guson v. McLaughlin,
RAPE. What constitutes; difference
between, and seduction; when evi-
dence of experts inadmissible. People
v. Royal,

RE-ARGUMENT.-Order of Court on.
Noe v. Splivalo,
Talcott v. Board of State Harbor Com-
missioners,

REPLEVIN.--Negative as well as affir-
mative defenses may be set up, and
the pleading of the affirmative matter
not a waiver of the other. Billings v.
Drew,
2-Judgment in, based on indefinite
findings erroneous. Kelly v. Mc-
Kibben,

103

235

183

420

420

47

129

163

385

142

3-Stipulation in, effect of; substitution
of new parties in, effect of; judgment
in such case. Temple v. Alexander,
Sheriff,
4-Action of, to recover U. S. Patent.
(Chipley v. Farris, 45 Cal., 527, ap-
plied.) Honghton v. Hardenburgh,
SCHOOL LAND.-First applicant for,
after survey, entitled to certificate of
purchase; land identified by survey.
Oakley v. Stewart,
SCHOOL TRUSTEES.-Persons acting
as such presumed to be officers de jure.
Delphi School District v. Murray,
SHERIFF. (See Criminal Law, 4.)
Cannot be compelled by mandamus to
contradict his return; deed of, if incon-
sistent with return, nevertheless valid;
not to be compelled on mandamus to
deliver deed. Hewell v. Lane,
STATE LANDS. -Decision of Land De-
partment upon questions of purchase
of, conclusive. Wilkinson v. Merrill, 249
2-Application to purchase lieu land.
Boggs v. Mullen,

67

441

251

ress.

246

147

148

29

407

County of San Francisco v. Quacken-
bush,
3-Notice inviting sealed proposals and
not referring to diagram, invalid;
property not bound. City of Stockton
v. Clark,
4-Resolution of City Council relative
to; effect of. City of Stockton v.
Skinner,
TAXES.-May be levied by the Legis
lature either before or after value of
property is ascertained; provision that
would exempt from taxation, if so
construed, void. People v. Latham,
2-Deed for, when void on face; threat
to sell under illegal levy of, not du-
Wills v. Austin, Tax Collector,
etc., (See Constitutional Law.)
TENANTS IN COMMON.-Nature of
title not changed by transfers to dif-
ferent grantees; lands may be held in
common and in severalty according to
the derivation of title. Bihler v. Platt, 10
2-What establishes the relation of.
169
Heinlen v. Martin,
TENDER.--Necessity of, waived by
denial of contract; averment in com-
plaint, that plaintiff is ready and will-
ing, sufficient. Dowd v. Clark,
TRESPASS.-Cannot be committed by
persons in the adverse possession of
land under claim of right. Snow v.
Kimmer. (See Drifted Lumber, 2.) 34
2--In action of, judgment not to be in
gold coin. Livingston v. Morgan. (See
Pleadings, 4.)
3-Cannot be divided into several causes
of action. Guerra v. Newhall et al., 419
UNDERTAKING.-For condemnation
of land, in action on, must be alleged
to have been ccepted; also, that the
property was taken for which compen-
sation is sought; averment of damages
Villac v. Stockton and

WAREHOUSE RECEIPT.--Is negotia-
ble effect of transfer; possession of,
endorsed in blank; pledge of to secure
antecedent debt; notice to warehouse-
man. Davis v. Russell,
WATER RIGHTS.-Carried in pur-
chase of land; adverse use of, for more
than five years, effect of; grant of by
act of Congress of July 26, 1866. Care
et al. v. Crafts et al. (See Injunction.) 359
WILL. Construction of; contingent
life estate in. Hilliard v. Pacheco et
406

al.,

WITNESS.-Cannot be contradicted on
collateral point, nor cross-examined for