erty is her own, husband is estopped from claiming property as against creditors.

109 Cal. 221-228. BALFOUR v. FRESNO ETC. CO. S. C. 123 Cal. 395. Parol Evidence is admissible to explain ambiguity in contract, p.

225.

Approved in Williams v. Ashurst Oil etc. Co., 144 Cal. 624, admitting parol to explain written contract for oil stock with regard to whether "treasury stock" or "pool stock" was intended. Distinguished in Van Slyke v. Insurance Co., 115 Cal. 647, rejecting such evidence when contract void for uncertainty.

Contract for supply of water construed, p. 226.

Cited in Fresno etc. Co. v. Park, 129 Cal. 441, noted under Fresno etc. Co. v. Rowell, 80 Cal. 114.

109 Cal. 228-236. SMITH v. GREEN.

Water Rights.-Parol License is irrevocable when executed and investments made upon faith of it, p. 234.

To same effect in Los Angeles etc. Co. v. Los Angeles, 88 Fed. Rep. 745, denying right to revoke under facts stated. Cited in Los Angeles v. L. A. etc. Co., 124 Cal. 379, quoting S. C., 88 Fed. 745, and see 177 U. S. 584.

109 Cal. 236-242. VERMONT MARBLE CO. v. BROW; 50 Am. St. Rep. 37. Execution.-Notice by Claimant to sheriff held sufficient, p. 241. Cited in Henderson v. Hart, 122 Cal. 334, ruling similarly.

109 Cal. 242-249. TAHOE ICE CO. v. UNION ICE CO.

Breach of Contract.-Damages may include loss of prospective profits when natural and direct consequence of breach, p. 247.

To same effect in Shoemaker v. Acker, 116 Cal. 245, 247, awarding such damages under facts stated. Cited in Kimball v. Deere, 108 Iowa, 686, stating remedies of vendor of articles to be manufactured.

109 Cal. 250-257. TRUMPLER v. COTTON.

Guardian's Account.-Citation may be served by publication, p. 255. Cited in Heisen v. Smith, 138 Cal. 217, holding form and publication sufficient in several particulars.

Action Against Sureties on guardian's bond, p. 256.

Approved in Cook v. Ceas, 143 Cal. 225, action does not lie upon guardian's bond until after time for appeal from order settling accounts has expired.

109 Cal. 258. PEOPLE v. FULTZ.

Jurors-Peremptory Challenges.-Defendant in rape case is allowed ten, p. 259.

Cited in People v. Logan, 123 Cal. 417, noted under People v. Clough, 59 Cal. 438.

109 Cal. 268-274. SOUTHERN PAC. R. R. v. WHITAKER.

Public Lands.-Railroad Grant held to vest in praesenti on filing of map, p. 272.

Cited in Sousa v. Pereira, 132 Cal. 80, holding void a homestead patent issued thereafter; note to Schneider v. Hutchinson, 76 Am. St. Rep. 483, on adverse title to public lands.

109 Cal. 275-276. PEOPLE v. HICKEY.

Sodomy. Simple Assault is element of crime when committed on human being, p. 276.

Cited in People v. Swist, 136 Cal. 524, sustaining instruction as given. Distinguished in People v. Oates, 142 Cal. 14, in prosecution for crime against nature it is not error to refuse instruction that an attempt to commit the crime charged can only be directed against a person.

109 Cal. 277-281. PEOPLE v. MARONEY.

Appeal. Conviction of lesser offense than charged is not reversible error, p. 279.

To same effect in People v. Muhlner, 115 Cal. 306, as to conviction of manslaughter under murder charge.

Verdict of Jury in Criminal Case upon legal evidence is final and not subject to review on appeal, p. 279.

Approved in People v. Gonzales, 143 Cal. 606, applying rule in prosecution for murder.

109 Cal. 294-298. PEOPLE v. EPPINGER; S. C. 114 Cal. 351.

Appeal.-Injury will be presumed in criminal case when error shown,

p. 297.

To same effect in People v. Tucker, 115 Cal. 339, as to insufficiency of verdict when plea of former jeopardy interposed.

Arraignment.-Misstatement of charge in clerk's minutes is immaterial error where defendant is fully informed of the charge, p. 296.

Cited in People v. Terrill, 133 Cal. 124, as to similar misstatement in judgment of conviction, citing and overruling main case also at page 127, as to contents of judgment to be rendered aftetr reversal (p. 298).

109 Cal. 304-312. HIGGINS v. CALIFORNIA ETC. CO.; S. C. 120 Cal. 630, 632; 122 Cal. 374; 147 Cal. 364, 365, 369.

109 Cal. 312-315.

TULARE ETC. BANK v. MADDEN.

Grantee of Mortgagor who assumes debt becomes principal debtor, and mortgagor his surety, p. 314.

To same effect in Kreling v. Kreling, 118 Cal. 419, and Roberts v. Fitzallen, 120 Cal. 484, 485, cited under Williams v. Naftzger, 103 Cal. 438; Tuohy v. Woods, 122 Cal. 667, holding sureties released by extension by mortgagee to such grantee. Cited in Daniels v. Johnson, 129 Cal. 418, 79 Am. St. Rep. 125, noted under Hopkins v. Warner, 109 Cal. 133; Heid v. Tuohy, 133 Cal. 62, quoting Tuohy v. Woods, 122 Cal. 667.

109 Cal. 323-332. NICHOLS v. EMERY; 50 Am. St. Rep. 43.

Trust is Invalid unless some estate or interest is conveyed to trustee, p. 330.

See note to Bath etc. Inst. v. Hathorn, 51 Am. St. Rep. 390, on voluntary trusts. See, also, President etc. v. Merritt, 75 Fed. Rep. 483, 484, citing main case on distinction between wills and trust deeds.

Trusts-Revocation.-Reservation of power to revoke does not affect vesting of trustee's title, p. 331.

Cited in Estate of Willey, 128 Cal. 10, holding as in main case that grantor reserved at most a life estate where no revocation actually had.

Will.-Instrument is not such without testamentary intent, and where it is to become operative only on death, p. 329.

Cited in Ward v. Ward, 104 Ky. 864, holding paper not a will; Pinkham v. Pinkham, 55 Neb. 732, holding deed absolute in form to have been intended as a will.

General Citation.—Murphy v. Galbert, 166 Mo. 601.

109 Cal. 332-335. TURNER v. COUNTY OF SISKIYOU.

Special Act includes one allowing judges in counties of specified class to deny witness fees in criminal cases, p. 334.

To same effect in Marsh v. Supervisors, 111 Cal. 370, as to primary election law restricted to counties of two classes. Cited in Tulare v. Hevren, 126 Cal. 232, noted under Pasadena v. Stimson, 91 Cal. 238; Pratt v. Browne, 135 Cal. 650, noted under County of San Luis Obispo v. Graves, 84 Cal. 75.

109 Cal. 340-345. LIND v. SAN LUIS OBISPO.

Nuisance.-Private Person may maintain action for when creating special damage and injury as to him, p. 343.

Cited in Fisher v. Zumwalt, 128 Cal. 499, 502, as to action for damages caused by escape of noxious gases from creamery; Adams v. Modesto, 131 Cal. 502, allowing abatement of open sewer used by city.

109 Cal. 346-352. BONNEY v. TILLEY. S. C., see 123 Cal. 118, 123, 126.

Insolvent Corporations.-Directors that are creditors must share ratably with other creditors, p. 349.

Cited in Merced Bank v. Ivett, 127 Cal. 136, but permitting directors to prefer one creditor oyer others; note to Corey v. Wadsworth, 118 Ala. 544.

Where director of insolvent corporation takes its note for large amount and sells same for small sum to one who shortly thereafter became a director, assignee can only recover of corporation amount he paid with interest, p. 352.

Approved in Snediker v. Ayres, 146 Cal. 411, judgment creditor though he be a director may purchase property of corporation. Distinguished in Pacific Vinegar and Pickle Works v. Smith, 145 Cal. 368, where president of corporation buys its votes and by himself as president causes corporation to guarantee payment to himself individually without knowledge of corporation, he cannot sue on indorsement.

109 Cal. 353-359. HOLT MFG. CO. v. EWING.

Election of Remedies.-Party selecting one of two inconsistent remedies cannot thereafter pursue the other, p. 356.

Cited in Agar v. Winslow, 123 Cal. 591, 69 Am. St. Rep. 87, but limited to cases where remedy first selected was a real one and available to him; Selna v. Selna, 125 Cal. 362, 363, 73 Am. St. Rep. 50, 51, but holding vendor's lien not waived by presentation of claim for price against vendee's estate; Smith v. Barber, 153 Ind. 328-331, holding vendor's lien lost by action for price; Tufts v. Brace, 103 Wis. 345 (where distinguished), discussing rights of vendor on conditional sale. Distinguished in Matteson v. Equitable M. etc. Co., 143 Cal. 437, where quartzmill and appurtenances were sold and erected on purchaser's mine on condition that they should be considered as personalty, with right of vendor to remove same on default in payment, on such default he could sell at auction and sue purchaser for deficiency. Turk v. Carnahan, 25 Ind. App. 128.

109 Cal. 360-365. FREEMAN v. CAMPBELL.

Mortgagor in Possession without agreement cannot collect rents of property, p. 364.

To same effect in Simpson v. Ferguson, 112 Cal. 187, 53 Am. St. Rep. 205, Scott v. Hotchkiss, 115 Cal. 94, and Bank v. Heron, 120 Cal. 618, cited under West v. Conant, 100 Cal. 231.

109 Cal. 365-373. DUNLAP v. NEW ZEALAND ETC. CO.

Malicious Prosecution.-Probable Cause is shown by advice of district attorney after full and true statement of facts, p. 370.

To same effect in Hess v. Baking Co., 31 Oreg. 516, reversing judg ment for plaintiff under facts stated. Cited in Holliday v. Holliday, 123 Cal. 36, holding instruction erroneous; but cf. Scrivani v. Dondero, 128 Cal. 34, approving instructions.

109 Cal. 373-378. DE SILVA v. SUPREME COUNCIL.

Mutual Benefit Society.-Beneficiary cannot be changed by provision in member's will, p. 375.

To same effect in Charch v. Charch, 57 Ohio St. 578, on point that change can be made only in method provided by by-laws. Note citation: Lake v. Minnesota etc. Assn., 52 Am. St. Rep. 563, on general subject.

109 Cal. 378-381. MOLINEUX v. STATE; 50 Am. St. Rep. 49.

State Bonds.-Interest is not recoverable on Indian war bonds of 1851, notwithstanding Stats. 1893, p. 57, allowing same, p. 379.

To same effect in Davis v. State, 121 Cal. 210, 211, as to same bonds and act. Cited in Powell v. Phelan, 138 Cal. 275, as to legislative gifts, noted under Patty v. Colgan, 97 Cal. 251.

109 Cal. 381-384. PEOPLE v. LOWEN.

Appeal. Conviction of lower degree of crime than charged is not reversible error, p. 383.

To same effect in People v. Muhlner, 115 Cal. 306, as to conviction of manslaughter under murder charge.

109 Cal. 384-394. PEOPLE v. HAMMOND.

Official Bond.-Sureties for officer's second term are liable for moneys used by him therein to cover defalcations during first term, p. 393.

Cited in Walker Co. v. Fidelity etc. Co., 107 Fed. 855, holding sureties on tax collector's bond liable; Rockford Ins. Co. v. Rogers, 15 Colo. App. 27, where insurance agent owed company a balance, but during term of indemnity bond he turned over all moneys collected by him, fact that company on receipt of moneys applied part to previous indebtedness does not make surety liable for deficiency thereby created.

109 Cal. 395-396. ERLANGER v. SOUTHERN PACIFIC RD. CO. Consent Judgment will not be reviewed on appeal, p. 395.

To same effect in Reay v. Butler, 118 Cal. 115, but holding rule inapplicable to stipulation in bond as to judgment against sureties on mo