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Co. v. Wilmans Co. (Cal.1116

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Page
Steiner, State v. (Wash.)....
66 Thoms, Thorp v. (Wash.).

505
Steinhoff, Peterson v. (Wash.).

118 Thomson v. United States Fidelity & Guar-
Stevens v. Kittredge (Wash.).
481 anty Co. (Wash.)...

486
Stevens County Exploration Co., Kerr v. Thornburg, People v. (Cal. App.).

234
(Wash.)
..1068 Thorp, State v.*(Kan.).

742
Stevens County Exploration Co., Paragon Thorp v. Thoms (Wash.).

505
Min. & Development Co. v. (Wash.)...1068 Thurston County v. Tenino Stone Quarries
Steward v. Rea (Kan.).

1.1150 (Wash.)
Stewart, Hilton v. (Utah).
900 Tiffany, State v. (Wash.).

932
Stewart, Reed v. (Idaho).
.1002 Todd v. Franzvog (Wash.)

831
Stewart, Reed v. (Idaho).

.1152 Topeka Woolen Mill Co., Van Dusen v.
Stibbs, Chicago, Ř. I. & P. R. Co. v. (Okl.) 293 (Kan.)
Stickley v. Mulrooney (Colo.).
547 Torbert v. Montague (Colo.),

.1145
Stilts, In re (Kan.).
1134 Townsend, Fox v. (Cal. Sup.).

82
Stockton, Banks v. (Cal. Sup.).
83 Traynor v. White (Wash.)

823
Stone v. Crewdson (Wash.).
945 Trowbridge. Macon v. (Colo.).

..1147
Stoner, Mau v. (Wyo.)
434 Truitt v. Becktold (Kan.).

188
Stovell v. Alert Gold Min. Co. (Colo.). . 1071 Tucker v. Territory (Okl.).

307
Strauss, Flinn v. (Cal. App.).
414 Turner, Owings v. (Or.). .

160
Strickland, State Mut. Ins. Co. v. (Okl.).. 584
Stroud State Bank, Norton v. (Okl.). 848 Uncle Joe Diamond Broker, Andrews v.
Strunz v. Hood (Wash.)..
45 (Wash.)

947
Suchy, Barry v. (Kan.).

..1141 Union Collection Co. v. Superior Court of
Suchy, Mirick v. (Kan.).

..1141 City & County of San Francisco (Cal.
Sullins v. Farmers' Exchange Bank (Okl.) 857 Sup.)

..1035
Sumner v. Nevin (Cal. App.).

11105 Union Laundry Co., Coulter v. (Mont.).. 973
Sunich. Cummings v. . (Wash.).

949 Union Pac. R. Co., Dyerson v. (Kan.). 680
Superior Court of Chehalis County, State United States, Williams v. (Okl.)...

647
v. (Wash.)...

818 United States Fidelity & Guaranty Co.,
Superior Court of City and County of San Thomson v. (Wash.)...

486
Francisco, Bell v. (Cal. Sup.).. ...1031 Upton, Hunt v. (Wash.).

50
Superior Court of City & County of San

Francisco, Union Collection Co. v. (Cal. Vandercook
Sup.)
..1035 App.)

.1116
Superior Court of Clarke County, State v. Van Dusen v. Topeka Woolen Mill Co.
(Wash.)
40 (Kan.)

74
Superior Court of Pierce County, State v. Van Siclen v. Muir (Wash.).

498
(Wash.)
521 Vigil v. Garcia (Colo.).

513
Superior Court of Pierce County, State v. Visalia, Western Union Tel. Co. v. (Cal.
(Wash.)
814 Sup.)

.1023
Superior Court of Sacramento County,
Johnston v. (Cal. App.)..

211 Wadleigh v. Phelps (Cal. Sup.)........ 93
Superior Court of Santa Clara County, Walter, Mosier v. (Okl.).

877
McAneny v. (Cal. Sup.).

.1020 Ward, Hirshiser v. (Nev.).
Superior Court of Shasta County, Nall v. Warner Valley Stock Co., State v. (Or.).. 534
(Cal. App.)...

392 Washington Water Power Co., Graves v.
Superior Court of Spokane County, State (Wash.)

956
v. (Wash.)...
.1120 | Wasson, Harvey V. (Kan.).

720
Supreme Tent Knights of Maccabees of Water, Light & Gas Co. v. Hutchinson In-
World, Guthrie v. (Cal. App.).
405 terurban R. Co. (Kan.).

883
Sutherland v. Taintor (Okl.).
900 Waterman, Jones v. (Cal. App.)

469
Swain v. Swain (Wash.).
.1126 Waters v. Pool (Cal. Sup.)

617
Sweet, Bogard v. (Okl.).
669 | Watkins, Noble v. (Or.).

771

Watson, Missouri, K. & T. R. Co. v.
Tacoma, Hammock v. (Wash.).
924 (Kan.)

687
Tacoma, Hellar v. (Wash.)

130 Watson, Moran Bros. Co. v. (Wash.) 508
Tacoma, Lister v. (Wash.).
126 Weaver v. Kuchler (Okl.).

600
Tacoma Eastern R. Co., Baker v. (Wash.) 826 Weldy, Ripperdan v. (Cal. Sup.).

276
Taintor. Sutherland v. (Okl.).

900 Wemple v. Yosemite Gold Min. Co. (Cal.
Taylor, Crapster v. (Kan.).

1138
App.)

280
Taylor, Foster v. (Wash.).

378 Western Union Tel. Co. v. Modesto Irriga-
Taylor, People v. (Cal. App.).
215 tion Co. (Cal. Sup.).

190
Taylor, Reams v. (Utah).

.1089 Western Union Tel. Co. v. Visalia (Cal.
Teabo, Coates v. (Wash.).

355
Sup.)

.1023
Temescal Water Co., Newport v. (Cal. Sup.) 372 Wetmore's Estate, In re (Wash.). 1151
Tenino Stone Quarries, Thurston County Whatcom County R. & Light Co., Rowe v.
·V. (Wash.)..
634 (Wash.)

921
Tenney, Jackson V. (Okl.).
867 Wheeler V. Aberdeen (Wash.).

. 1061
Territory, Bettge v. (Okl.).
897 Wheeler, Bree v. (Cal. App.).

255
Territory v. Conner (Okl.).
591 Wheeler, Peirce v. (Wash.).

361
Territory v. Conner (Okl.).

594 Wheeler, Plumas County v. (Cal, Sup.). 909
Territory, Fisher v. (Okl.).

301 Wheeler v. Plumas County (Cal. Sup.). 802
Territory, Hazelwood v. (Okl.)

470 Wheeler, Thompson v. (Cal. App.). 1149
Territory, Perkins v. (Okl.).
297 | Whitacre v. Nichols (Okl.).

865
Territory, Provens v. (Okl.).
661 White, Hyslop v. (Wash.)....

1150
Territory, Tucker v. (Okl.).
307 White v. Sage (Cal. Sup.).

193
Territory v. Yates (Okl.)
863 | White v. Savage (Or.).

1040
Thomas v. Boston & Montana Consol. Cop White, State v. (Or.)..

137
per & Silver Min. Co. (Mont.).
972 White. Traynor v. (Wash.).

823
Thomas, State v. (Kan.)...
742 | Whitehead v. Emmerich (Colo.).

790
Thomas & Schmitz v. Schmitz (Wyo.). 996 | Willard v. Smith (Mont.)

613
Thompson, State v. (Utah).

709 | William Hanley Co. v. Combs (Or.). 143
Thompson, State v. (Wyo.)

433 William J. Lemp Brewing Co. v. Guion
Thompson v. Wheeler (cal. App.).
1149 (Okl.)

584
Thoms, Bain v. (Wash.)
504 Williams, Ex parte (Cal. App.).

565

171

Page

Page Williams, Ex parte (Cal. Sup.).

568 W. P. Callahan & Co. v. Chickasha Cotton Williams v. First Nat. Bank (Or.). 890 Oil Co. (Okl.).

331 Williams, Scott v. (Kan.). 550 W. P. Fuller & Co. v. Ryan (Wash.).

485 Williams v. Spokane Falls & N. Ry. Wright v. Coules (Cal. App.).

809 (Wash.) 491 | Wright v. Jessup (Wash.).

930 Williams v. United States (Okl.)

647 Wyckoff v. Southern Pac. Co. (Cal. App.).. 203 Wilmans Co., E. P. Vandercook Co. v. Wyoming Coal Min. Co. v. State (Wyo.). . 337 (Cal. App.)...

. 1116 Wyoming Coal Mi v. State (Wyo.).. 984 Wilmot v. Oregon R. Co. (Or.).

528 Wilson, Betz v. (Okl.). 844

787 Wilson v. Curry (Wash.).

Yates, Andrino V. (Idaho). .1065

863 Wilson, McCabe & Steen Const. Co. v.

Yates, Territory, v. (Okl.). (Okl.)

320
Yellowstone Park R. Co. v. Bridger Coal

963 Wilson, Pinney v. (Cal. App.).

Co. (Mont.). 1111

257 Winch, Pickering v. (Or.).

Yordy, Ontario Land Co. v. (Wash.).. 763

Yosemite Gold Min, Co., Wemple v. (Cal. Winckler v. Hunt (Wash.). .1151

280 Winyer, Bird v. (Wash.).

259

App.) Wiren, Marquis v. (Kan.).

.1135 Wolfard v. Fisher (Or.). 530) Zaring, Anderson v. (Okl.).

1150 Womble v. Pike (Okl.) 427 Ziehme v. Parish (Kan.).

685 Woodbury, State v. (Kan.). .

701 Zindars v. Erie Gas & Mineral Co. (Kan.) 188 Wood, Curtis & Co., Donnellan v. (Cal. Zook, Grover v. (Wash.)..

638 App.)

235

REHEARINGS DENIED.

(Cases in which rehearings have been denied, without the rendition of a written opinion, since the publication of the original opinions in previous volumes of this reporter.]

Guillaume v. K. S. D. Fruit Land Co. (Or.) 86, Warner Valley Stock Co. v. Morrow (Or.) 86 P. 883.

1

P. 369.

t

THE

PACIFIC REPORTER.

VOLUME 87.

5. EVIDENCE-OPINION EVIDENCE.

The testimony of the attorney of defend. ant, sucd in justice court for trespass to land, that from an examination of the documentary evidence it was apparent that plaintiff did not have title to all the lands, was not testimony of a fact, but the mere opinion of the attorney on a matter of law, for the court to determine.

Writ of certiorari by the state, on the re lation of Juan Launiza, against tho justice court of Carson township. Writ dismissed.

Samuel Platt, for petitioner. Alford Chratz, for respondent.

(29 Nev. 191)
STATE ex rel. LAUNIZA V. JUSTICE

COURT OF CARSON. \(No. 1,696.) (Supreme Court of Nevada. Oct. 3, 1906.) 1. CERTIORABI-RETURN-RECORD CONCLUSIVENESS.

The affidavit of the attorney of defendant filed in the Supreme Court on certiorari review the action of a justice of the peace in refusing to certify the case to the district court on the ground that title to real property was involved, which avers that defendant by oral answer in justice court entered a general denial to the complaint, claiming damages for a trespass on lands alleged to be owned and possessed by plaintiff, does not show that there was an oral answer where the record as certified by the justice fails to show that there was any answer.

[Ed. Note.-For cases in point, see vol. 9, Cent. Dig. Certiorari, 88 143-146.) 2. JUSTICES OF THE PEACE-JURISDICTIONTITLE TO REAL ESTATE.

In an action in justice court for trespass on plaintiff's land, defendant testified that so far as he knew the title to the land was in plaintiff. There was a failure to prove that plaintiff had the patent right to a particular 80 acres, but it was not shown that she did not have a prior possession thereto, nor did it appear whether the trespass was committed on all the lands claimed by plaintiff or only on lands other than the 80 acres. Held not to show that the right to real property was neces. sarily involved within Const. art. 6, § 8, providing that justice courts shall not have jurisdiction in cases where title to real estate is involved, and Oomp. Laws, $ 3634, making it the duty of a justice in such case to certify the case to the district court.

(Ed. Note.-For cases in point, see vol. 31, Cent. Dig. Justices of the Peace, $ 97.) 8. SAME.

Where plaintiff, suing in justice court for & trespass to land gave no evidence of his right by patent, deed, prior possession, or other. wise, to any part of the land, the justice had jurisdiction to enter judgment for defendant for the costs; title to land not being involved. 4 SAVE.

Where, in trespass to land, brought in Justice court, plaintiff did not prove ownership to the land, and there was no evidence that the game belonged to a third person, and defendant made no claim to the land, title to land was not necessarily involved.

(Ed. Note.-For cases in point, see vol. 31, Cent. Dig. Justices of the Peace, $ 97.]

87 P.-1

TALBOT, J. Martha H. Blackwell brought suit in the justice court of Carson township against Juan Launiza claiming damages for the herding of sheep on lands alleged to be owned and possessed by her and her assignors. The affidavit of relator's attorney filed in this court states that by oral answer defendant entered a general denial to the al. legations of the complaint, but the record as certified by the justice of the peace fails to show that there was any answer, either oral or written, verified or unverified, questioning plaintiff's title to the lands. She recovered a verdict and judgment for $75 and for costs and attorney's fees. Patents, state contracts, and deeds introduced in evidence by her on the trial indicated that she was the owner of several hundred acres of the land, but there was a deed to her from Clara Sweeney, given three years previously, for 80% acres, for wbich the latter was not shown to bave had any patent, contract right, or title. It appears from the record that the defendant in tbat action, who is the relator here, testified so far as he knew the title to the lands was in the plaintiff and that he was not aware of any omission in her title. Defendant's counsel was sworn as a witness, and stated that from an examination of the documentary evidence it was apparent that plaintiff did not have title to all the lands. Thereupon, the attorney for the defendant renewed a motion to certify the case to the district court for trial upon the ground that the title to real property was necessarily invoived In the determination of the action, and that

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the justice court had no jurisdiction under clude that the failure of the plaintiff to section 3034 of the Compiled Laws.

prove ownership by patent to part or all The proceeding here is brought to review of the land, did not make it necessary to have the action of the justice court in refusing the case certified to the district court. to certify the case to the district court for she had failed to introduce evidence of her trial and the question for determination is right by patent, deed, prior possession, or whether the title to real property was neces otherwise, to any part of the land, the justice sarily involved so as to deprive the justice court would still have had jurisdiction to court of jurisdiction. Section 8 of article enter judgment in favor of the defendant for 6 of the Constitution of Nevada provides costs. If she did not prove ownership by that justices' courts shall not have jurisdic-prior possession when she had not connected tion "in cases wherein the title to real herself with the patent right, then there was estate or mining claims, or questions of no proof that the land belonged to her, and boundaries to lands are involved," and sec there being none that it belonged to any tion 3634 of the Compiled Laws: "The par one else, such failure of proof did not raise ties shall not be at liberty to give evidence any conflict in the evidence, and did not upon any question which involves the title show that the title was necessarily involved to, or the right of possession to, or the pos when the defendant, as a witness, made no session of, real property or mining claims, claim to the land nor contention that it be or upon any question involving boundaries longed to any third person, and his conduct to land, or the legality of any tax, impost, and testimony were more nearly tantamount assessment, toll, or municipal fine, nor shall to an admission that plaintiff was the owner. any issue presenting such question be tried The defendant's attorney did not testify to by the justice; and if it appear from the any new facts, but in regard to his opinion plaintiff's own showing on the trial, or from as to whether the evidence required the certithe answer of the defendant, verified by his fication of the case, a matter of law for the oath, that the determination of the action court. Oregon Short Line R. Co. v. District will necessarily involve either of such ques Court (Utah) 85 Pac. 362, 363, and cases tions, the justice shall suspend all further there cited, are instructive regarding the proceedings in the action, and certify the proposition here involved. pleadings, or if the pleadings be oral, a tran It is ordered that the writ be dismissed, script of the same, from his docket to the and that the papers certified from the justice district court for the county; and from the court be returned to that tribunal. time of filing such pleadings or transcript with the clerk of the district court, such

FITZGERALD, C. J., concurs. district court shall have over the action the same jurisdiction as if it were originally

NORCROSS, J. I concur in the order discommenced therein.” It is not pretended

missing the writ. If the transcript of the that a verified answer was filed and the justice's docket had shown that an oral anaffidavit is insufficient to show that there

swer bad been filed denying plaintiff's allegawas an oral answer questioning plaintiff's

tions of ownership or right of possession, right to the lands, for the proceedings in

then, in my judgment, it would have appeared the lower court are required to be established

that an issue was raised requiring proof by the record as certified. Alexander v.

upon the part of plaintiff to establish her Archer, 21 Nev. 32, 24 Pac. 373.

allegations of title or right of possession, We need not determine whether, in the

and such proof the justice, under the proabsence of an issue raised by answer, evidence

visions of the statute, would not have juriscould be introduced on the trial to show a

diction to hear. His duty then would have conflict in regard to the title. It is sufficient been to have certified the case to the District for the purposes of this case to say that if

Court, King v. Kutner-Goldstein Co., 135 it could be so introduced and considered,

Cal. 65, 67 Pac. 10. Wbile the justice did the evidence submitted did not show that the

hear testimony upon the question of title, right to real property was necessarily in

I think it was improper for him to have done volved. There was a failure to prove that

so, and such action might have been sufficient the plaintiff and her grantor had the patent

to have supported a conclusion that the title right to this particular 80 acres, but it is

or right of possession of real property was not shown that she did not have a prior involved in the action, did not the testimony possession which would have raised sufficient of the defendant, practically conceding plainpresumption of her ownership in the absence

tiff's title, negative such a conclusion. of patents and deeds.

Nor does it appear whether the trespass was committed on all

(29 Nev. 226) the lands claimed by the plaintiff, or only on lands other than this 80 acres, which

Ex parte PATTERSON. (No. 1,705.) would not necessarily involve the title to

(Supreme Court of Nevada. Oct. 9, 1906.) the latter. If evidence may be considered CRIMINAL LAW — PUNISHMENT SENTENCEfor any purpose when no issue is properly

FINE AND IMPRISONMENT.

A sentence reciting the conviction of acshown, we may distinguish between absence

cused of a criminal offense, and that he "be of proof and conflict in evidence, and con fined * * $500 and imprisonment in the

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