479 (1) (Wash.) Under Civ. Code S. D. negotiable bonds of high school district au1314, as to remedies of the seller on conditional thorized by law, held district and taxpayers sale contracts, the seller may sue for the balance were estopped to deny regularity of bonds, the due under the contract or take the stock, but he proceeds having been used for improvements may not first take the stock and then sue for for benefit of all taxpayers.-Grater v. Logan the balance due, notwithstanding contract pro- County High School Dist., 173 P. 714. vision for both remedies.-Jordan v. Peek, 17397 (10) (Colo.) Innocent purchasers

P. 726.

II. PUBLIC SCHOOLS. (D) District Property, Contracts, and Liabilities.

81(2) (Cal.) Where, by bond given pursuant to St. 1911, p. 1422, contractor to erect schoolhouse became bound to pay for all materials furnished for performance of work at his request or that of subcontractor, plaintiff, who furnished subcontractor with supplies, could recover of contractor for schoolhouse $70 still remaining due it.-Southern California Electric Co. v. Grant, 173 P. 760.

Judgment against subcontractor on school building in action wherein contractor was garnished was not defense available to contractor in action on contractor's bond by company which furnished labor and materials to subcontractor. Id.

89 (Wash.) Rem. Code 1915, § 951, creating liability of school district for negligence, held not repealed by Laws 1909, p. 230, because making no reference to torts in section providing for payment of judgment against it on contractual obligations.-Kelley v. School Dist. No. 71 of King County, 173 P. 333.

of

county high school district negotiable bonds
held entitled to rely upon recitals in bonds that
all requirements preliminary to issue had been
fully complied with.-Grater v. Logan County
High School Dist., 173 P. 714.
~100 (Okl.) Under Const. art. 13, § 3, and
Laws 1913, c. 219, art. 15, § 8, excise board of
counties where separate schools are maintained
may levy tax of one mill on all taxable prop-
erty "for separate schools," so long as total
levy for county purposes is within limitation
prescribed by Const. art. 10, § 9, exclusive of
aid to common schools.-Lusk v. White, 173
P. 1128.

111 (Colo.) Plaintiff taxpayer, who took no reasonable steps to prevent issue and sale of high school bonds, should not be permitted to question validity for irregularity in election upon which bond issues were based by proceeding to enjoin collection of taxes to pay interest on bonds.-Grater v. Logan County High School Dist., 173 P. 714.

(F) Claims Against District, and Actions.

122 (Wash.) In an action against a school district for negligent injury of a child caused by defendant's maintaining inherently dangerous apparatus, evidence held sufficient to go to the jury.-Holt v. School Dist. No. 71 of King County, 173 P. 335.

(G) Teachers.

146 (Mont.) Laws 1915, c. 95, providing for teachers' pensions and monthly deduction therefor from salary, held not invalid.-Trumper v. School Dist. No. 55 of Musselshell Coun

ty, 173 P. 946.

Schools.

Worn condition of ring of swing which broke, injuring a pupil, with surrounding conditions, held sufficient evidence of negligent omission of inspection by school district.-Id. A pupil injured by breaking of the ring of a swing on the playgrounds having been under (H) Pupils, and Conduct and Discipline of no duty of inspection, and having used the swing in the manner intended, there was nothing on which to predicate contributory negli-165 (Wash.) The furnishing of an outline, setting of examination, reading of papers, and historical, biographical, narrative, and literary determining of credit to be given for study of features of Bible, is "religious instruction," within Const. art. 1, § 11.-State v. Frazier,

gence.-Id.

89 (Wash.) Laws 1917, p. 332, prohibiting the bringing or maintaining of an action against a school district for negligence in conducting playgrounds, does not affect a previous judgment therefor in a cause pending on appeal. Holt v. School Dist. No. 71 of King County, 173 P. 335.

(E) District Debt, Securities, and Taxa

288.

tion.

173 P. 35.

historical, biographical, narrative, and literary To give credit in public schools for study of features of Bible pursued under sectarian agents is to give credit for sectarian teaching and influence contrary to Const. art. 9, § 4.-Id.

SEARCHES AND SEIZURES.

97(3) (Kan.) Under Laws 1911, C. 257 (Gen. St. 1915, §§ 10890-10892), school district board may issue bonds to erect school 7 (Cal.) An order by the superior court buildings exceeding amount permitted under to fish sellers to produce records of sales and the general limitations (Gen. St. 1915. § 9147); purchases held not in violation of Const. art. if authority is given by board of school fund 1, § 19, Const. U. S. Amend. 4, prohibiting uncommissioners.-State v. Board of Education reasonable searches and seizures, such records of City of Oswego, Labette County, 173 P. not being private since St. 1917, p. 1673, § 26, Application by board of education of school and the fish dealers having consented thereto district to issue building bonds in excess of by taking out a license and engaging in the amount permitted under general limitations business.-Paladini v. Superior Court, 173 P. (Gen. St. 1915. § 9147) is to be heard at county seat upon due notice of time and place for hearing, and unless hearing is had there under Laws 1911, c. 257 (Gen. St. 1915, §§ 1089010892), a valid order may not be issued. -Id. It is not essential to the validity of such order that it should be signed by the officers See Schools and School Districts, 165. at the place fixed for the hearing, under Laws 1911. c. 257, § 4 (Gen. St. 1915, § 10892).--Id.

1

588.

SECONDARY EVIDENCE.

See Evidence, 157-183.

SECTARIANISM.

had been taken to prevent issue and sale of See Schools and School Districts, 165.

SECTS.

97(8) (Colo.) Where no reasonable steps

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

See Criminal Law, 982–995, 1206, 1208.

SPECIFIC PERFORMANCE.

See Injunction, 57.

I. NATURE AND GROUNDS OF
REMEDY IN GENERAL.

12 (Cal.App.) When the enforcement of a contract by decree of court is difficult or practically impossible, specific performance will not be granted.-Anderson v. Neal Institutes Co., 111.173 P. 779.

SET-OFF AND COUNTERCLAIM.
See Eminent Domain, 146; Limitation of
Actions, 130.

under

Contract requiring defendant to prepare and furnish medicines and advertising literature and give plaintiff the exclusive right to use the remedies could not be specifically enforced.-Id.

II. CONTRACTS ENFORCEABLE.

43 (Okl.) Where purchaser under oral contract makes part payment of purchase price. and goes into possession in good faith, and makes valuable improvements, there is such part performance as to warrant court in decreeing specific performance of contract.-Fulkerson v. Mara, 173 P. 811.

49(2) (Cal.App.) An agreement to will an estate of $100,000 to a girl, in return for her companionship in Europe for six months, will not be specifically enforced; the value of the service being inadequate.-Christin v. Clark, 173

P. 109.

64 (Ariz.) A tenant cannot maintain action for specific performance of a lease under which he had paid the rent and acquired partial possession, but was not given the exclusive possession, since the contract was completely executed.

II. SUBJECT-MATTER. 40 (Mont.) Claim of defendants, Revised Codes, §§ 6760, 6803, for damages from wrongful seizure and detention of property in controversy in action of claim and de--Genardini v. Kline, 173 P. 882. livery, is not a counterclaim within section 64 (Wash.) Contract, whereby parties were 6541, since it arose after commencement of action.-Hammond v. Thompson, 173 P. 229. 40 (Or.) Under L. O. L. §§ 401, 74, plaintiff's conversion of cash and bonds belonging to defendant, after beginning of its suit to foreclose decd of trust, cannot be interposed as a counterclaim in such suit.-Title Ins. & Trust Co. v. Northwestern Long-Distance Telephone Co., 173 P. 251.

See Animals, 100.

SHERIFFS AND CONSTABLES.

See Arrest, 63.

to purchase tidelands from state and maintain waterway, held to be covenant regulating use of land enforceable in equity, when party acquiring title took with notice.-Pioneer Sand & Gravel Co. v. Seattle Construction & Dry Dock Co., 173 P. 508.

76 (Colo.) An agreement to lend money whether on security or not cannot be specifically enforced.-Leach v. Fuller, 173 P. 427.

86 (Cal.App.) An agreement to will "jewelry and personal effects" will not be specifically enforced, where it does not appear that they were of such a rare nature that they could not be duplicated, or had a sentimental value.Christin v. Clark, 173 P. 109.

IV. PROCEEDINGS AND RELIEF.

114(1) (Colo.) Plaintiff's complaint for specific performance of contract was demurrable where it did not allege special circumstances taking case out of general rule that remedy for breach of contract is by an action for damages. -Leach v. Fuller, 173 P. 427.

119 (Colo.) In suit for specific performance III. POWERS, DUTIES, AND LIABILI- of contract, burden was on plaintiff to show that ordinary remedy at law was insufficient. -Leach v. Fuller, 173 P. 427.

TIES.

dence held to support a judgment for the purchaser.-Fulkerson v. Mara, 173 P. 811.

121(3) (Okl.) In a purchaser's action for 84 (Kan.) When writ directing judicial sale of property is delivered to and partially exe-specific performance of an oral contract, evicuted by sheriff. it is proper, under Gen. St. 1915, §§ 2751, 2752, 2749, 2757, for him to deliver the writ to his successor, and the latter may finish the official duty directed by the writ and make the official return thereon.Croner v. Keefer, 173 P. 282.

SLANDER.

See Libel and Slander.

SMOKING.

See Master and Servant, 373.

SPECIAL LAWS.

121(11) (Okl.) In a purchaser's action for specific performance of an oral contract, evidence held to support a finding that there was no particular time specified in the contract when the balance of the purchase price was to be paid and the deed delivered.-Fulkerson v. Mara, 173 P. 811.

In a purchaser's action for specific performance of an oral contract, evidence held to sustain a finding that there was not sufficient laches on the part of purchaser to prevent him from having specific performance of the contract.-Id.

SPEED.

See Railroads, 372.

STANDING TIMBER.

See Logs and Logging.

STATIONS.

See Railroads, 411.

STATUTE OF LIMITATIONS.

See Limitation of Actions.

STATUTES.

See Constitutional Law.

For statutes relating to particular subjects, see
the various specific topics.

I. ENACTMENT, REQUISITES, AND
VALIDITY IN GENERAL.

charter authorizing reassessments.-Wagoner v. City of La Grande, 173 P. 305.

120(5) (Or.) Title, "An act to amend the charter of the city of La Grande in Union county, state of Oregon," was sufficient.-Wagoner v. City of La Grande, 173 P. 305.

123(3) (Cal.App.) Const. art. 4, § 24, providing that every act shall embrace but one subject which shall be embraced in its title, is not violated by St. 1911, p. 730, entitled an act to provide for work upon streets, where section 79, subd. 2 thereof, defines "work" as including all work mentioned in the act and it was intended to include street lighting systems.-Park v. Pacific Fire Extinguisher Co., 173 P. 615.

125(5) (Kan.) Under Laws 1917, c. 264, entitled "An act relating to roads and highways, creating a state highway commission," the proof county surveyor county engineer should be appointed for unexpired term, was germane to the subject, and comprehended within scope of title. -Cornelius v. Robson, 173 P. 917.

~64 (2) (Cal.) St. 1917, p. 1673, § 8, author-vision of section 8, that on a vacancy in office izing the state market director to reduce the price of fish, if in his judgment the supply is excessive or abnormal, if unconstitutional, does

not render the whole law unconstitutional.Paladini v. Superior Court, 173 P. 588.

64(2) (Wyo.) Workmen's Compensation Act, as amended by Laws 1917, c. 69, would be valid as to the remainder even if the provision for nonpayment for the first ten days was invalid, being severable.-Zancanelli v. Central Coal & Coke Co., 173 P. 981.

64(7) (Cal.) The fact that Pen. Code, § 770, providing for an appeal to Supreme Court from a judgment or decree of removal from office under sections 758-772, providing removal of civil officers otherwise than by impeachment, was declared unconstitutional, does not invalidate the remaining provisions of sections 758-772; the unconstitutional section being an independent provision.-Hunt v. Superior Court of Los Angeles County, 173 P. 1097.

II. GENERAL AND SPECIAL OR LO

CAL LAWS.

141(1) (Or.) Laws 1915, p. 297, merely declaring all districts, with certain exceptions, subject to Laws 1913, p. 458, the budget law provided for counties contravenes Const. art. 4, § 22, inhibiting revising of amendment of an act by mere reference to its title, and requiring the act revised or section amended to be set forth in full.-Martin v. Gilliam County, 173 P. 93S.

V. REPEAL, SUSPENSION, EXPIRA-
TION, AND REVIVAL.

154 (Mont.) Laws 1917, c. 79, title of which contains misplaced quotation mark in referring to statutes to be repealed, is not invalid as having a defective title.-Equitable Life Assur.

Soc. of the United States v. Hart, 173 P. 1062. 158 (Or.) The repeal of statutes by implication is not favored.-State v. Chong Ben, 173 p. 258.

77(1) (Mont.) A "special" or "private act" is one operating only on particular persons and private concerns; a "local act" is one applicable only to a particular part of the legis-158 (Wash.) Repeals by implication are not lative jurisdiction.-Trumper v. School Dist. favored.-Arishin v. King County, 173 P. 1020. No. 55 of Musselshell County, 173 P. 946.

159 (Wash.) Both statutes being general in their nature, the one passed later in time should be given preference where there is a conflict between them.-Benn v. Grays Harbor

92 (Cal.) Public corporations, empowered to own and operate public utilities, constitute class sufficiently distinct from all other persons or corporations engaged in public service, and desiring to acquire property for pub-County, 173 P. 632. lic use, to justify peculiar legislation, such as Public Utilities Act, § 47, relating to them and their power to acquire property by eminent domain.-Marin Municipal Water Dist. v. Marin Water & Power Co., 173 P. 469.

96(1) (Mont.) Laws 1915, c. 95, relating to teachers' pensions, is not a "special" or "local act," within Const. art. 5, § 26.-Trumper v. School Dist. No. 55 of Musselshell County, 173 P. 946.

162 (Mont.) An act special in character, followed by a statute of a general nature, is not to be considered as repealed by implication. -Equitable Life Assur. Soc. of the United States v. Hart, 173 P. 1062.

VI. CONSTRUCTION AND OPERA

TION.

(A) General Rules of Construction.

174, 175 (Cal.App.) If a foreign statute giving an action for wrongful death has never been construed in the foreign state, the court of another jurisdiction will construe it as it would a like statute of its own state.-McManus v. Red Salmon Canning Co., 173 P.

III. SUBJECTS AND TITLES OF ACTS. 118(6) (Or.) Under Const. art. 4, § 20, providing that an act shall embrace but one subject which shall be expressed in title, Laws 1917, c. 302, § 17. is void in so far as it lim-1112. its parol by court; the act relating to execu-181(1) (Okl.) In the construction of statutes tive parols and its title making no mention of Laws 1911, c. 108, of which such section 17 would be an amendment.-State v. Chong Ben, 173 P. 258.

120(2) (Or.) Ballot title of act amending charter of city, "Shall the proposed amendment of the charter of the city of La Grande, Oregon, including the amendment of said charter providing for reassessment of street improvements already made, be adopted," was sufficient as expressly directing attention to amendment of

the intention of the lawmakers when ascertained, must govern. De Hasque v. Atchison, T. & S. F. Ry. Co., 173 P. 73.

When a strict interpretation of a statute, construed alone, would defeat the legislative intent as shown by other enactments on the same subject, in pursuance of a general purpose to suppress a particular evil, such construction should not be adopted.-Id.

181(1) (Or.) In the construction of a statute, the paramount duty of the court is to give

effect to the legislative intent.-Malloy v. Mar-225 (Okl.) In ascertaining the intent of a shall-Wells Hardware Co., 173 P. 267.

205 (Or.) A statute should be construed according to the intention of Legislature enacting it, which can only be discerned by consider-226 ing the statute and section as a whole.-Warm Springs Irr. Dist. v. Pacific Live Stock Co., 173

219 (Okl.) Construction placed on the laws by officers charged with the enforcement there-267(2) (Wash.) Judgment against school of in the discharge of their duties, at or near district for injury to pupil from athletic apthe time of their enactment, which has long been paratus held not affected by Laws 1917, p. 332, acquiesced in, may be considered in their judi- going into effect pending appeal, prohibiting cial interpretation.-De Hasque v. Atchison, T. such a recovery.-Kelley v. School Dist. No. 71 & S. F. Ry. Co., 173 P. 73. of King County, 173 P. 333.