RAILWAYS, mileage tickets, conditions of, purchaser is presumed
to have accepted, 405.
pass, conditions of are accepted by accepting the pass, 404
pass, signature of acceptor, omission of, 404.
passenger contract tickets, omission of passenger's signature
from, 404.
passengers paying full fare are not bound by conditions on
tickets, 397, 398.
passenger's duty to inquire whether ticket is issued for special
rate, 402.
presumption that passenger knew of condition on his ticket.
399, 400.
signature of purchaser as means of identification, 406, 407.
signature of purchaser, waiver of, 407.
signature, omission of from passes, 404.
signature, omission of from tickets, 403, 404.
signature, passenger's, omission of cannot be taken advantage
of by carrier, 406.
special rates, conditions on tickets issued at, 402.
tickets, conditions of. notice of, whether implied, 398.
tickets, first-class, persons paying for, whether may be affected
by conditions, 397.
tickets, giving second-class when first-class are asked for, 397.
tickets, signature of passenger on, effect of omission of, 403.
tickets, time limitations upon, 398.
time limitations upon tickets of, 398.
REMAINDERS, vested are favored rather than contingent, 115.
RES JUDICATA, criminal prosecutions as, 349
STAMPS. See Internal Revenue Stamps.
SUICIDE, presumption of is always against, 540.
See Insurance, Life.
SURETIES, release of by extension of time, 309.
TRUSTS, executed and executory, what are, 107, 108.
executed may also be active, 107.
in favor of persons not in being, 241.
legal and illegal, separating one from the other, 106, 117, 123.
limitations upon the creation of by the statutes of California,
106.
VENDOR AND PURCHASER, fixtures, agreements respecting,
effect of upon, 893-895.
VENDORS' LIENS, fixtures, when subject to, 900, 901.
WATERCOURSES, mining, pollution of by, when unlawful, 910, 911.
municipal corporations, rights of in as riparian owners, 911.
pollution of by cities not due to negligence, 918.
WATERCOURSES, pollution of for a public purpose, 906.
pollution of for which compensation must be made though
authorized by statute, £24-926.
pollution of may be equivalent to a taking of property, 921.
pollution of to which riparian owner must submit, 900-911.
pollution of, what statutes authorize, 920, 921.
purity of, riparian owners' right to continuance of, 900.
reasonableness of use of, tests of, 909, 910.
reasonableness of use of, whether a question of law or of fact,
909.
tidal, title to is in the state, 921.
See Municipal Corporations.
WILLS, Interpretation of, 105.
lost are presumed to have been destroyed with intent to reveka,
267.
lost, proof of, what sufficient, 287.
ABBREVIATIONS.
See Evidence, 1; Replevin, &
ABORTION-MANSLAUGHTER.-Death of a woman caused
by an abortion is manslaughter, and not murder. (Worthington v.
State, 506.)
2. ABORTION-MANSLAUGHTER.-INDICTMENT for man-
slaughter in causing the death of a woman by means of an abor
tion is valid. (Worthington v. State, 506.)
ACCESSARIES.
See Criminal Law, 6.
1. ACTIONS-CAUSE OF-DEFINITION.-A cause of action
is simply a right to enforce an "obligation," regardless of whether
the action is ex contractu or ex delicto, or for compensation, or
damages, or for restitution, or in rem, or in personam. The "cause
of action" is to be distinguished from the "remedy," which is
merely the means by which the "obligation" is effectuated, and it
is also to be distinguished from the "relief" sought. (Frost v.
Witter, 53.)
ACTIONS-MALICIOUS EXERCISE OF LEGAL RIGHT.-
An act which is lawful in itself, and which violates no right, can-
not be made actionable because of the motive which induced it.
A malicious motive will not make that wrong which in its own es-
sence is lawful. (Guethler v. Altman, 313.)
3. ELECTION OF REMEDIES.-A party does not make an
election between inconsistent remedies unless he in fact has such
remedies. Hence the institution of a fruitless action, which a
party has no right to maintain, will not preclude him from as-
serting the rights he really possesses. (Fuller-Warren Company v.
Harter, 867.)
4. ELECTION OF REMEDIES-INTENT TO MAKE A
CHOICE.-The doctrine that intent to make a choice between in-
consistent remedies is essential to a choice, and that absence of
such intent will relieve one from the effect of the rule, applies only
where action in the first instance was taken in ignorance of the
facts. (Clausen v. Head, 933.)
5. ELECTION-SUIT AGAINST CORPORATION OR INDI-
VIDUALS.-Where one, having a right to proceed against an asso-
ciation as a corporation, or against the members thereof as
partners, makes an election between the two courses, with knowl
edge of the facts, he waives the one not chosen. (Clausen v.
Head, 933.)
See Constitutional Law, 11-14.
ADVERSE POSSESSION.-THE POSSESSION of one room
in a house will not prevent the statute of limitations from running
against the remainder of the house if it was in actual adverse pos-
session, but such room must be identified in order to be available
as a defense against the statute of limitations. (Sanford v. Herron,
703.)
AGENCY.-Authority to borrow money includes the power to
execute a promissory note therefor. (Security Sav. Bank v. Smith,
756.)
1. AGISTMENT-LIEN.-INDEPENDENTLY OF THE STAT-
UTE or special agreement, one who feeds or cares for an animal
of another has no lien thereon for his charges. (Sharp v. Johnson,
788.)
2. AGISTMENT-LIEN-PART OWNERSHIP.-Under a stat-
ute giving a lien to one who feeds or cares for the stock of an-
other, one who feeds and cares for an animal of which he is part
owner is not entitled to an agistor's lien. (Sharp v. Johnson, 788.)
3. AGISTMENT-LIEN-FURNISHING FEED.-While
who feeds or cares for another's stock may be entitled to a lien for
the feed and care furnished by himself, he is not entitled to a lien
for feed and care furnished in part by other people, though he may
have paid therefor. (Sharp v. Johnson, 788.)
4. AGISTMENT-NONLIENABLE ITEMS.-No agistor's llen
can be maintained, under the Oregon statute, for freight, entrance,
and jockey fees paid in handling a horse on a race circuit. (Sharp
v. Johnson, 788.)
1. APPELLATE PRACTICE-NOTICE OF APPEAL-PARTI.
TION.-In partition suits where there are several parties plaintiff
or defendant and one of these appeals, rotice of the appeal must be
served on all the other parties interested, otherwise the supreme
court cannot entertain the appeal. (Lippold v. Lippold, 331.)
2. APPEAL-BILL OF EXCEPTIONS—FORM OF, NOT MA-
TERIAL.-A bill of exceptions is not required to be in any particu-
lar form, and is not invalid because it lacks the usual formal be
ginning. (Everman v. Hyman, 284.)
3. APPEAL-BILL OF EXCEPTIONS-DATE OF PRESEN-
TATION.-A failure to state, in a bill of exceptions, the date of its
presentation for the judge's signature is not material where the bill
is shown to have been signed and filed within the time allowed by
the court. (Everman v. Hyman, 284.)
4. APPEAL BILL OF EXCEPTIONS — INDORSEMENT.—
It is not necessary to the filing of a paper that it should be
indorsed as having been so filed. It is filed when it is delivered
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