194 (Utah) Notice to officer of homestead [ claim held sufficient to prevent safe.-Payson Exch. Sav. Bank v. Tietjen, 225 P. 598.

HOMICIDE.

III. MANSLAUGHTER.

33 (Ariz.) "Voluntary" and "involuntary manslaughter" distinguished.-Harding v. State 225 P. 482.

34 (Ariz.) "Voluntary" and "involuntary manslaughter" distinguished.-Harding v. State, 225 P. 482.

35 (Ariz.) "Murder" and "manslaughter" distinguished. Harding v. State, 225 P. 482.

72 (Ariz.) Peace officer killing driver when shooting at automobile tire held guilty of "involuntary manslaughter."-Harding v. State, 225 P. 482.

VI. INDICTMENT AND INFORMATION.

127 (Okl.Cr.App.) Indictment for murder held sufficient.-Taylor v. State, 225 P. 988.

VII. EVIDENCE.

(B) Admissibility in General. 170 (Wash.) Officers' testimony of search for another than defendant, in whose name license of automobile involved was taken out, held properly admitted.-State v. Ito, 225 P. 63.

225 P. 859.

supported, as

(E) Weight and Sufficiency. 237 (Cal.) Conviction against defense of insanity.-People v. Reid, Morphine addict not necessarily insane.—Id. 244(1) (Cal.App.) Evidence held to sustain manslaughter conviction as against claim of self-defense.-People v. Salaz, 225 P. 777.

250 (Okl.Cr.App.) Evidence held to sustain conviction for murder.-Phillips v. State, 225 P. 180.

255(3) (Okl.Cr.App.) Evidence held to sustain conviction of manslaughter in second degree.-Beach v. State, 225 P. 187.

VIII. TRIAL.

(B) Questions for Jury.

270 (Cal.) Question for jury on prosecution for killing in robbery, under defense of insanity, stated.-People v. Reid, 225 P. 859.

(C) Instructions.

V. WIFE'S SEPARATE ESTATE.
(A) What Constitutes.

133(1) (Okl.) Evidence held to sustain finding that automobile seized on execution against husband belonged to plaintiff wife.McCullough v. Henshaw, 225 P. 898.

ownership by husband and wife in bank account 133(1)(Utah) Evidence held to show joint with right of survivorship.-Columbia Trust Co. v. Anglum, 225 P. 1089.

owned hotel property at his death.-Id. Evidence held to sustain finding deceased

(C) Liabilities and Charges.

158 (Idaho) Wife incompetent to sign appeal bond for another.-Farnworth v. Viet, 225 P. 1023.

VII. COMMUNITY PROPERTY.

248 (Wash.) Property acquired from estate by unmarried persons living as husband and wife not community property.-Carr v. Bell. 225 P. 230.

266 (Ariz.) Wife can convey community property to husband.-Schofield v. Gold, 225 P. 71.

267 (2) (Cal.App.) Deed by wife alone of community property inoperative.-Bank of Suisun v. Fiske, 225 P. 7.

VIII. SEPARATION AND SEPARATE MAIN-
TENANCE.

283 (2) (Kan.) Wife may sue for separate of period constituting cause for divorce.-Wohlmaintenance on ground of abandonment short fort v. Wohlfort, 225 P. 746.

299 (4) (Kan.) Commitment of husband for contempt until payment of temporary alimony and suit money, erroneous in view of husband's offer to sell property.-Wohlfort v. Wohlfort, 225 P. 746.

Court may commit husband for refusal to provide for wife, though to do so requires him to labor.-Id.

Burden on plaintiff to establish alienation of spouse's affection by interference of defendant. -Id.

225 P. 964.

333(1) (Okl.) Plaintiff suing parents for alienation of affections has burden of proving €286(1) (Wash.) Instruction as to defend-interference causing alienation.-Ward v. Ward, ant's liability if accident resulted from unlawful driving held correct.-State v. Ito, 225 P. 63. 298 (Ariz.) Instruction on peace officer's duty not to inflict bodily harm when arresting misdemeanant held not error.-Harding v. State, 225 P. 482.

Plaintiff in action against parents for alienation of affections must prove malice.-Id.

333 (9) (Okl.) Alienation of affections can be established by circumstantial evidence aided by just inferences.-Mussellem v. Frenn. 225 P. 370. to

31 (Cal.) Requested instruction as determining penalty objectionable as making jury's discretion arbitrary.-People v. Reid, 225

P. 859.

Evidence held insufficient to support judgment against particular defendant for alienation of husband's affection.-Id.

Instruction as to jury's discretion in fixing334(3) (Okl.) Damages of $5,000 actual punishment for first degree murder held correct.-Id.

4 (Kan.) Husband required to provide for See Municipal Corporations, 353-507. wife, though she is compelled, through no fault on her part, to live apart from him.-Wohlfort v. Wohlfort, 225 P. 746.

INDEMNITY.

See Guaranty.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER
INDIANS.

15(1) (Okl.) Restrictions on alienation of Chickasaw freedman removed by death.-Williams v. Pearce, 225 P. 373.

Legal effect of deed of unrestricted lands held determined by statutes of Arkansas then in force.--Id.

Voidable deed of minor Indian operative until majority, after which minor had 7 years in which to disaflirm.-Id.

IX. ISSUES, PROOF, AND VARIANCE. of criminal offense 166 (Idaho) Venue must be laid in information and proven.-State v. Siepert, 225 P. 135.

X. CONVICTION OF OFFENSE INCLUDED

IN CHARGE.

188 (Ariz.) Indictment for manslaughter held sufficient to charge involuntary manslaughter. Harding v. State, 225 P. 482.

INFANTS.

15(1) (Okl.) Minority restrictions imposed by Atoka Agreement repealed by Choctaw and Chickasaw Agreement.-Broraugh v. Holmes, See Guardian and Ward; Parent and Child. 225 P. 512.

Removal of Restrictions Act held not to reimpose restrictions on one-fourth of surplus allotment of three-fourths "blood Choctaw minor nor to effect alienation.-Id.

15(1) (Okl.) Restrictions on sale of surplus lands held to expire on majority subsequent to certain date.-Rowe v. McIntosh, 225 P. 948.

16(5) (Okl.) Allottee's lease for five years from future date invalid.-Worrell v. Graves, 225 P. 361.

16(6) (Wyo.) Condition against assignment held not destroyed by Interior Department's consent to assignment of lease from heirs of Indian after sale of land.-Investors' Guaranty Corporation v. Thomson, 225 P. 590.

VII. ACTIONS.

~78(1) (Okl.) Defense of minor defendant must be by guardian appointed for suit under statute.-Halton v. State, 225 P. 894.

INJUNCTION.

I. NATURE AND GROUNDS IN GENERAL. (B) Grounds of Relief.

12 (Okl.) Court will not entertain action to enjoin that which has already been done.Youngblood v. Incorporated Town of Wewoka, 225 P. 695.

II. SUBJECTS OF PROTECTION AND
RELIEF.

(C) Contracts.

18 (Okl.) Cherokee descendant of Creek citizen not "Creek descendant of Creek citizen." for purpose of inheritance under Supple-59 (2) (N.M.) Municipality may enjoin pubmental Creek Agreement, § 6.-Grease v. MeNac. 225 P. 524.

18 (Okl.) Noncitizen heirs excluded from taking estates of deceased Creek citizens if citizen heirs exist.-In re Yarhola's Estate, 225 P. 543.

22 (Okl.) When Creek freedman's right to bring action for surplus lands held in adverse possession barred.-Rowe v. McIntosh, 225 P.

948.

Expiration of period of limitation bars action for surplus lands held in adverse possession under void deed.-Id.

lie utility company from exceeding contract rates.-Town of Gallup v. Gallup Electric Light & Power Co., 225 P. 724.

III. ACTIONS FOR INJUNCTIONS.

115 (Okl.Cr.App.) Temporary writ not operative until service of summons; obligatory subsequent to issuance of summons, though served previously.-Wilder v. State, 225 P. 557.

IV. PRELIMINARY AND INTERLOCUT6RY
INJUNCTIONS.

(A) Grounds and Proceedings to Procure.

27(6) (Okl.) Evidence held insufficient to 135 (Okl.) Granting temporary injunction sustain judgment for plaintiff in suit for pos- in case involving title or possession of realty session and to quiet title.-Hoodenpyl v. Cham- discretionary.-Midland Valley R. Co. v. Imler, pion, 225 P. 160.

INDICTMENT AND INFORMATION. See Homicide, 127.

V. REQUISITES AND SUFFICIENCY OF

ACCUSATION.

225 P. 919.

136(2) (Okl.) Temporary injunction granted against trespass without reference to solvency of parties.-Midland Valley R. Co. v. Imler, 225 P. 919.

(B) Continuing, Modifying, Vacating, or Dissolving.

71 (Okl.Cr.App.) When indictment suffi-161 (Okl.) Dissolution of temporary incient stated.-Taylor v. State, 225 P. 988. junction in case involving title or possession of realty discretionary.-Midland Valley R. Co. v. Imler, 225 P. 919.

110(19) (Okl.Cr.App.) Indictment in language of statute held insufficient.-Roberts v. State. 225 P. 553.

(1) (Kan.) Information charging violations of Sunday laws need not allege that defendant did not come within exceptions.-State v. O'Donnell, 225 P. 1678.

VI. JOINDER OF PARTIES. OFFENSES,
AND COUNTS, DUPLICITY, AND

ELECTION.

125(31) (Wash.) Information charging conducting and maintaining place for selling liquor held not duplicitous; "conducting" and "maintaining" synonymous.-State v. Weston, 225 P. 411.

125(42) (Kan.) Information charging defendant with keeping store open and exposing goods for sale on Sunday not duplicitous.-State v. O'Donnell, 225 P. 1078.

125(42) (Okl.Cr.App.) For lewdness must show culpable single offense or one continuous offense.-Roberts v. State, 225 P. 553.

Indictment held bad as duplicitous.-Id. 132(2) (Cal.App.) State not required to elect between burglary and larceny charges.People v. Scott, 225 P. 767.

INNKEEPERS.

11(4) (Cal.App.) Hotel keeper liable for servant's theft of valuables deposited in safe. -Muehlebach v. Paso Robles Springs Hotel, 225 P. 19.

Statute does not exempt innkeeper from liability for wrongs of servant.-Id.

11(11) (Cal.App.) Innkeeper liable under statute as depositary for hire.-Muehlebach v. Paso Robles Springs Hotel, 225 P. 19.

INSANE PERSONS.

I. DISABILITIES IN GENERAL.

2 (Okl.) Rule as to burden of proof of insanity stated.-Keenan v. Scott, 225 P. 906. Finding as to mental competency of grantor held sustained.-Id.

II. INQUISITIONS.

29 (Colo.) County court held to have jurisdiction to reopen original lunacy proceeding and discharge patient from state asylum.People v. Musser, 225 P. 218.

INSOLVENCY.

if insured has violated conditions.-Hill v. In

See Assignments for Benefit of Creditors; ternational Indemnity Co., 225 P. 1056.
Bankruptcy.

II. PROCEEDINGS FOR DECLARATION OF
INSOLVENCY AND SURRENDER OR
SEIZURE OF PROPERTY.

(C) Involuntary Proceedings.
24 (Or.) Inability to pay debts upon par-
ticular day not "insolvency."-Wiggins Co. v.
McMinnville Motor Car Co., 225 P. 314.

INSTRUCTIONS.

See Criminal Law, 763-834; Trial, 296.

INSURANCE.

(E) Nonpayment of Premiams or Assess

ments.

360 (3) (Kan.) Validity of agent's policies where premiums by commissions not affected by insurer's failure to secure agent's license.Debus v. Missouri State Life Ins. Co., 225 P. 91.

XI.

ESTOPPEL, WAIVER, OR AGREEMENTS AFFECTING RIGHT TO AVOID OR FORFEIT POLICY.

191-392(1) (Colo.) Under circumstances no inference of recognition by company of life policy, issued after applicant's death, by retention of premium.-Commonwealth Casualty Ins. Co. v. Kuhrt, 225 P. 251.

III. INSURANCE AGENTS AND BROKERS.

(A) Agency for Insurer.

V.

85 (Or.) Forfeiture by agent in nature of penalty, and must be pleaded.-Wallace American Life Ins. Co. of Des Moines, Iowa, 225 P. 192.

Agent's declaration as to subsequent employment held admissible to lessen or overthrow damages. Id.

Agent held entitled to recover only present value of sums due on renewal of policies.-Id. Agent entitled to damages for unlawful revocation of agency contract.-Id.

88 (Kan.) Obligations created by general state agent as to application of commissions on life policy held obligations of insurer.-Debus v. Missouri State Life Ins. Co., 225 P. 91.

92 (Colo.) Evidence that solicitor was licensed agent necessary to bind it for his acts. -Commonwealth Casualty Ins. Co. v. Kuhrt, 225 P. 251.

Evidence of authority of solicitor to make contract of insurance, insufficient.-Id.

XIV. NOTICE AND PROOF OF LOSS. (B) Agency for Applicant or Insured. 544 (Wash.) Failure of insured to give 104 (Wash.) Whether mortgagee contract-plans and specifications of building destroyed ed to renew insurance policy for jury.-Bates held not to defeat recovery.-Shaw v. Standard v. Northern Bond & Mortgage Co., 225 P. 52. Fire Ins. Co., 225 P. 651.

V. THE CONTRACT IN GENERAL. (A) Nature, Requisites, and Validity. 131 (2) (Colo.) Statute held to exempt company from liability on oral statements of solicitor not in application.-Commonwealth Casualty Ins. Co. v. Kuhrt, 225 P. 251.

(B) Construction and Operation.
146(3) (Colo.) Ambiguity in, policy re-
solved in favor of insured.-James v. Phoenix
Assur. Co., 225 P. 213.

IX. AVOIDANCE OF POLICY FOR MISREP-
RESENTATION, FRAUD, OR BREACH
OF WARRANTY OR CONDITION,
(A) Grounds in General.

264(1) (Kan.) Statements in application not warranty unless made so by express agreement.-Blades v. Farmers' & Bankers' Life Ins. Co., 225 P. 1082.

XVIII. ACTIONS ON POLICIES.

665 (3) (Kan.) Evidence held to sustain finding that representation that insured was not pregnant was made in good faith.-Blades v. Farmers' & Bankers' Life Ins. Co., 225 P. 1082.

665(5) (Kan.) Evidence held to sustain finding that pregnancy of insured did not contribute to death.-Blades v. Farmers' & Bankers' Life Ins. Co., 225 P. 1082.

XIX. REINSURANCE.

679 (Colo.) Successor to surety company held not liable on bond under which claim had been made.-National Surety Co. v. People, 225 P. 849.

XX. MUTUAL BENEFIT INSURANCE.

(B) The Contract in General. 718 (Okl.) Rule that man presumed dead after seven years of unexplained absence cannot be abrogated by by-laws.-Modern Woodmen of America v. Michelin, 225 P. 163.

719(1) (Okl.) By-law of insurer changing rule of presumption of death from seven years' absence held void.-Modern Woodmen of America v. Michelin, 225 P. 163.

265 (Kan.) Applicant's statement in application that she was not pregnant held representation, and not warranty.-Blades v. Farmers' & Bankers' Life Ins. Co., 225 P. 1082. (C) Matters Relating to Person Insured. 291(1) (Kan.) Representation that applicant was not pregnant made in good faith did 719(1) (Wash.) By-law by fraternal socienot avoid policy though in fact pregnant.-ty invalid as to existing certificates and does Blades v. Farmers' & Bankers' Life Ins. Co., not prevent recovery seven years after unex225 P. 1082. plained absence of insured.-Fordyce v. Modern Woodmen of America, 225 P. 434.

X. FORFEITURE OF POLICY FOR BREACH
OF PROMISSORY WARRANTY, COVE-
NANT, OR CONDITION SUBSEQUENT.
(A) Grounds in General.
311(3) (Kan.) Mortgagee to whom loss is
payable is merely appointee and cannot recover

(E) Beneficiaries and Benefits. 793 (Wash.) Remarried "beneficiary" entitled to recover where society accepted premiums before and after remarriage.-Fordyce v. Modern Woodmen of America, 225 P. 434.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

INSURRECTION AND SEDITION.

236 (7) (Okl.Cr.App.) Evidence held to sustain conviction for unlawful possession with 2 (Cal.App.) Evidence insufficient to susintent to sell.-Phipps v. State, 225 P. 722. tain conviction.-People v. Leonard, 225 P. 461.236(11) (Okl.Cr.App.) Evidence held to Certain evidence held not sufficient to sustain sustain conviction for sale of liquor.-Rittman conviction.-Id. v. State, 225 P. 988.

2 (Cal.App.) Criminal Syndicalism Act held 236(11) (Okl.Cr.App.) Evidence held innot invalid.-People v. Wagner, 225 P. 464. sufficient to sustain conviction for sale of liqCriminal Syndicalism Act not unconstitutional uor.-Gray v. State, 225 P. 994. as not requiring guilty knowledge.-Id.

Evidence held admissible as tending to show objects of organization to be violative of Criminal Syndicalism Act.-Id.

Evidence of past violence held admissible in prosecution under Criminal Syndicalism Act.

-Id.

Guilt under Criminal Syndicalism Act held for jury.-Id.

Instruction requested as to evidence necessary to establish conspiracy held properly refused as misleading.-Id.

242 (Okl.Cr.App.) Facts held to justify modification of sentence.-Beshears v. State, 225 P. 723.

X. ABATEMENT AND INJUNCTION.

275 (Mont.) In proceeding to enjoin liquor nuisance, evidence of general reputation of place in question held properly admitted.-State v. Mercier, 225 P. 802. Evidence held sufficient to sustain finding boarding house was common nuisance.-Id.

278 (Mont.) Judgment as to closing of Place of organization immaterial in prosecu- place found to be nuisance held unobjectionable. tion for being member of society to abet crim-State v. Mercier, 225 P. 802. inal syndicalism.-Id.

2 (Cal.App.) Evidence as to character of

I. W. W. held to sustain conviction of members

IRRIGATION.

for criminal syndicalism.-People v. Bailey, 225 See Waters and Water Courses. 216-263. P. 752.

I. W. W. literature published before enact

JEOPARDY.

ment of Syndicalism Act held admissible in See Criminal Law, 178-201. prosecution thereunder.-Id.

Admission of list of I. W. W. members who had been arrested and charged with criminal syndicalism held error.-Id.

Instruction defining criminal syndicalism held not error.-Id.

One who became member of conspiracy to commit "criminal syndicalism" was guilty of such crime.-Id.

INTEREST.

JOINT ADVENTURES.

4(1) (Okl.) Default by one party and payment of his share by other held to automatically vest defaulting party's interest in other.Adams v. McGraw, 225 P. 980.

JOINT-STOCK COMPANIES AND BUSI-
NESS TRUSTS.

I. RIGHTS AND LIABILITIES IN GENERAL. (Kan.) Association in the form of Mas18(2) (Wash.) Interest held properly al-sachusetts trust held a "corporation" with dislowed where greater part of open account had tinct legal entity.-Hamilton v. Young, 225 P. accrued.-Royal Dairy Products Co. v. Spokane Dairy Products Co.. 225 P. 412.

1045.

17 (Kan.) Officers of association in form of Massachusetts trust held not liable on note signed by them as such.-Hamilton v. Young, 225 P. 1045.

JOINT TENANCY.
See Tenancy in Common.

JUDGES.

See Justices of the Peace.

I. APPOINTMENT, QUALIFICATION, AND

TENURE. cannot become probate 4 (Kan.) Alien judge, in absence of express law.-State v. Irey, 225 P. 1050.

III. RIGHTS, POWERS, DUTIES, AND
LIABILITIES.

VIII. CRIMINAL PROSECUTIONS. 209 (Okl.Cr.App.) Information held insufficient to charge attempt to manufacture liquor.30 (Okl.) District judge holding term out-Wilson v. State, 225 P. 566.

213 (Wash.) Informations need not state particular act constituting offense of conducting and maintaining place for selling liquor.State v. Weston, 225 P. 411.

224 (Wash.) Incumbent on defendant to bring himself within excepted class.-State v. Cress, 225 P. 51.

side of district held not to act in capacity of judge pro tempore.-Ragan v. Shannon, 225 P. 672.

IV. DISQUALIFICATION TO ACT. held to 39 (Okl.) Constitution require judges to be unbiased, impartial, and disinterested. Son v. Linebaugh, 225 P. 686. 228 (Kan.) Evidence as to arrangement be- 47(1) (Okl.) Judge held disqualified to sit tween witness and defendant charged with sell- in ouster proceedings.-Son v. Linebaugh, 225 ing liquor held admissible.-State v. Fox, 225 P. 686. P. 1042.

53 (Or.) Judge not disqualified by motion 235 (Wash.) That third person held title to call in another judge, where motion not calland possession of property held not to show ed to his attention and not timely filed.-Harthat place of unlawful sale was not kept there ju v. Anderson, 225 P. 1100. by accused.-State v. Weston, 225 P. 411.

236(612) (Okl.Cr.App.) Evidence held to support conviction for illegal possession.-Lemming v. State, 225 P. 186.

236(7) (Okl.Cr.App.) Evidence held to sustain conviction for unlawful possession with intent to sell.-Gillock v. State, 225 P. 567.

JUDGMENT.

See Equity, 423; Execution.

For judgments in particular actions or proceed-
ings, see also the various specific topics.
For review of judgments, see Appeal and Error.

(Colo.) District court held without juris-460 (1) (Okl.) Demurrer to petition in diction to enter judgment validating a will. equity sustained where plaintiff has remedy at Williams v. Hankins, 225 P. 243.

law; rule applicable to suit by incompetent.-
Dardenne v. Daniels, 225 P. 152.

XIII. MERGER AND BAR OF CAUSES OF
ACTION AND DEFENSES.

(A) Judgments Operative as Bar.
545 (Okl.) Judgment of county court in
same effect
probate matter entitled to
judgments of other courts of general jurisdic-
tion.-Crabtree v. Bath, 225 P. 924.

566 (Wash.) Cause of action for damages held reserved in judgment.—Case v. Knight, 225

256(1) (Okl.) Finding and judgment held not void for inconsistency.-Churchill v. Rob-839 (Wash.) Assignment after finding but erts, 225 P. 535.