CONSTITUTIONAL LAW-CONTINUED.
the sale on execution of any homestead occupied for that
purpose, the judgment debtor shall have the right to re-
tain possession thereof during the period of redemption
without accounting for issues or value of occupation is
unconstitutional as to foreclosure sales under mortgages
executed prior to its passage, when the law in force gave
the purchaser on foreclosure sale the right of possession
from the day of sale.-Canadian & American Mtge. &
Trust Co. v. Blake
102
See COUNTIES, 3; MUNICIPAL CORPORATIONS, 6; NAVI-
GABLE WATERS, 3.
Sufficiency of Showing Made. A motion for a con-
tinuance was properly denied, when the affidavit in sup-
port thereof failed to set out the evidence on account of
the absence of which the motion was made, and there
was no showing that the absent witness would be pres-
ent at a later trial or that he could be found, or his evi-
dence produced at the trial.-Shannon v. Consolidated
Tiger & Poorman Mining Co.
1. Action of Contract-Sufficiency of Evidence. In an ac-
tion by plaintiff to recover upon defendant's promise to
a third party to pay such third party's debt to plaintiff,
a prima facie case sufficient to go to the jury is
established by evidence showing that such third party
held a lease of certain farm lands of defendant, from
which he was to have two-thirds of the grain raised by
him thereon; that he had agreed to share his portion
of the crop with plaintiff, in consideration of the latter's
labor in raising the crop; that the lease was subsequent-
ly surrendered to defendant on his agreement to pay
plaintiff the value of the services performed by him to-
wards raising the crop; and that such services per-
formed by plaintiff were worth $223.25.-Dimmick v.
Collins
2. Same-Relevancy of Evidence. In an action by plain-
tiff to recover the value of his services in raising a crop
of grain for a tenant of defendant, and which, it was
claimed by plaintiff, but denied by defendant, the latter
had agreed with the tenant to pay in consideration of a
surrender of the lease, evidence of the condition of the
crop at the time of the alleged contract and that it was
doubtful whether it would more than pay the costs of
harvesting and threshing is admissible as a fact tending
to show the reasonableness and probability of defend-
ant's entering into such a contract.-Id.
See DAMAGES, 3, 4; EVIDENCE, 1; FRAUDS, STATUTE OF;
HUSBAND AND WIFE, 3.
1. Franchise-What Constitutes. The right given by
statute to form boom companies for the purpose of im-
proving floatable streams, operating booms therein, and
charging tolls for logs boomed, constitutes a franchise to
any company organized and operated thereunder, al-
though the right possessed by such company may not
be an exclusive one.-Chehalis Boom Co. v. Chehalis
County
2. Foreign Corporations—Service of Summons—Agents
Within the State. Under Bal. Code, § 4854, which pro-
vides that an action against a corporation may be
brought in any county where the corporation has an of-
fice for the transaction of business, or any person resides
upon whom process may be served against the corpora-
tion, and Id. § 4875, subd. 9, which provides that if suit
be against a foreign corporation doing business within
the state, summons may be served on any agent of the
corporation, service of process issued out of the superior
court of Clarke county upon a purser and a wharfinger
in the employ of a foreign corporation is sufficient,
where the company was operating a line of steamers on
the Columbia river, which, under the charge of the
purser, received and discharged freight and passengers
at Vancouver, landing regularly at the wharf there for
that purpose, and hence making the wharf an office in
this state for the transaction of such business.-Sievers
v. Dalles, P. & A. Navigation Co.
3. Action by Creditor on Stock Subscriptions-Amend-
ment of Complaint-Substitution of Receiver-Discre-
CORPORATIONS-CONTINUED,
tion of Court. Where, pending an action at law by a
creditor to recover upon an unpaid subscription to the
capital stock of a corporation, there being no disclosure
of other creditors or of any inadequacy of assets at
the institution of the action, a receiver is appointed in
a subsequent action on the ground of the corporation's
insolvency, the action of the court in allowing the cred-
itor to continue her action for the benefit of all the cred-
itors and ordering the proceeds of the judgment ob-
tained by her to be disbursed by the receiver, was not
erroneous, although the court did not direct amendments
of the pleadings or a formal substitution of the receiv-
er.-Dunlap v. Rauch
4. Corporate Stock-Payment in Property. Where prop-
erty is given in payment of a subscription to the capital
stock of a corporation, the property must be worth in
cash the amount of the subscription for which it is of-
fered; and the estimate of value placed upon such prop-
erty by the stockholders is not conclusive on the courts.
-Id.
See BANKS AND BANKING, 1-3; PLEADING, 1; TAX-
ATION, 1, 2, 6, 7, 9.
Cost Bill-When May Be Stricken. Where the party in
whose favor judgment is rendered neglects for more
than ten days to file his cost bill with the clerk, as re-
quired by Bal. Code, § 5173, the adverse party is en-
titled to have the cost bill stricken as to all items ex-
cept such fees as appear upon the face of the papers.—
Matheson v. Ward
1. Creation of New County-Necessary Population-Leg-
islative Determination-Presumptions.
county has been set off from another county, under art.
11, § 3, of the constitution prohibiting the formation of
new counties containing a less population than 2,000,
the failure of the legislative records to recite the fact
that such new county contains a population of not less
than 2,000 would not render the creation of such county
illegal, since the legal presumption is that this fact
must have been proved to the satisfaction of the legisla-
ture and that the passage of the act itself is equivalent
to a finding of the necessary facts.-Farquharson v.
Yeargin
549
2. Same-Appointment of Provisonal County Officers. Al-
though art. 11, § 5, of the constitution provides for a gen-
eral and uniform law governing the elections of county
officers, a provision in Laws 1899, p. 26, § 5, authorizing
the governor to appoint the county commissioners in the
newly created county of Ferry, and that they should fill
by appointment all other county offices, is not unconsti-
tutional, since the power to fill county offices provisional-
ly in new counties is a necessary incident of the leg-
islative power to create new counties.—Id....
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sory Obligations-Salaries. Warrants issued
ment of salaries of county officers, although in excess of
the limit of one and one-half per cent. of the assessed
valuation of property, are valid, on the ground of being
compulsory obligations imposed upon the county by
the constitution and laws of the state. Id.....
4. Same-Construction of New Court House. Warrants is-
sued in payment for the construction of a county court
house properly fall under the rule of compulsory obli-
gations when it appears that, at the time such indebted-
ness was incurred, the county seat was a new mining
camp composed of small frame cabins and tents, the
town having been recently destroyed by fire; and that it
was necessary, for the proper and orderly administra-
tion of county affairs, for the protection and safe keep-
ing of the public records, and in order to provide a place
to hold court for said county, that a court house should
be constructed, since it may be fairly inferred from ex-
isting conditions that no suitable building could other-
wise be had.-Id....
1. Jurisdiction of State Courts-Questions Involving Title
to Public Lands. The superior court of this state has
jurisdiction, in the absence of any statutory enactment
to the contrary, to determine questions between Indians
regarding Indian lands within the state, which have
been allotted under the treaties and statutes of the
United States.-Bird v. Winyer....
2. Rules of Court-Power to Suspend-Presumptions. The
presumption that the trial court acted regularly and
upon sufficient cause, in dismissing an action without
prejudice, because of plaintiff's failure to file his com-
plaint, is not overcome by the fact that twenty-four
hours' notice was not given plaintiff, as required by a
rule of the court, since the court has the right, for good
reasons, to suspend its own rules.-Washington Bank of
Walla Walla v. Horn
3. Supreme Court-Original Jurisdiction-Writ of Prohibi-
tion-Construction of Constitution. Art. 4, § 4, of the
state constitution, conferring original jurisdiction upon
the supreme court to issue the writ of prohibition, must
be construed in the light of the law defining the writ of
prohibition which was in force at the time of the adop-
tion of the constitution; and the law then in force hav-
ing restricted the writ to its common-law function for
the restraint of unauthorized judicial or quasi judicial
power, the original jurisdiction of the supreme court
is not extended to include ministerial and administra-
tive acts by Bal. Code, § 5769, which provides that the
writ of prohibition shall arrest the proceedings of any
tribunal, corporation, board, or person, when such pro-
ceedings are without or in excess of the jurisdiction of
such tribunal, corporation, board, or person. Original
jurisdiction to restrain such acts is in the superior
court.-Winsor v. Bridges
4. Jurisdiction of Supreme Court-Amount in Controversy.
Mandamus will not lie to compel the superior court to
try an action where the amount involved is less than
$200, since the constitutional provision giving the su-
preme court jurisdiction in mandamus as to state officers
must be construed in connection with the provision in
the same section prohibiting the appellate jurisdiction of
the supreme court, where the amount in controversy is
less than $200.-State ex rel Wallace v. Superior Court.. 605
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