L. R. A. CASES AS
CASES AS AUTHORITIES.

CASES IN 28 L. R. A.

28 L. R. A. 33, STATE v. HARTLEY, 22 Nev. 342, 40 Pac. 372.

Number of grand jurors.

Cited in footnotes to State v. Vincent, 52 L. R. A. 83, which holds indictment found by less than twenty-three grand jurors demurrable; State v. Caldwell, 41 L. R. A. 718, which holds changes in number of grand jurors and in number necessary to agree on verdict by petit jury not ex post facto law.

Failure to exhaust peremptory challenges.

Cited in People v. Durrant, 116 Cal. 197, 48 Pac. 75, holding overruling of challenge for cause unavailable if peremptory challenges not all exhausted when jury completed.

View of premises.

Cited in State v. Mortensen, 26 Utah, 346, 73 Pac. 562, holding that ordering view of premises is not taking testimony, but is to enable jurors to more accurately understand evidence; People v. Mathews, 139 Cal. 529, 73 Pac. 416, holding that defendant, upon whose motion view of premises is ordered, who voluntarily absents himself, cannot complain after verdict of his absence, as ground for new trial.

28 L. R. A. 42, HEYWARD v. FARMERS' MIN. CO. 42 S. C. 138, 46 Am. St.. Rep. 702, 19 S. E. 963, 20 S. E. 64.

Necessary parties to action.

Cited in Columbia Water Power Co. v. Columbia Electric Street R. Light & P. Co. 43 S. C. 165, 20 S. E. 1002, holding state not indispensable party to action in tort for unlawful use of plaintiff's land, which defendant claims right to use under contract with state.

Mode of trying issues.

Cited in Alston v. Limehouse, 61 S. C. 5, 39 S. E. 192, holding that issue of title in action to enjoin trespass on land, plaintiff's title to which defendant denies, should be tried by jury without framing issues.

What is sealed instrument.

Cited in Cook v. Cooper, 59 S. C. 563, 38 S. E. 218, holding deed with word "seal" written below signature, without scroll or other symbol, sealed instrument. Shortening limitation period.

Cited in footnote to Osborne v. Lindstrom, 46 L. R. A. 715, which holds

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invalid, statute shortening period of limitation without leaving reasonable time to sue.

What waters are navigable.

Cited in New England Trout & Salmon Club v. Mather, 68 Vt. 347, 33 L. R. A. 572, 35 Atl. 323, holding "boatable waters" confined to those which are of common passage as highways for business or pleasure.

Cited in note (42 L. R. A. 320, 321) on what waters are navigable.

Disapproved in Chisolm v. Caines, 67 Fed. 294, holding test of navigability means, or capability of becoming means open to public of passing between two places where they have right to be.

State's power to grant land.

Cited in Nathans v. Steinmeyer, 57 S. C. 390, 35 S. E. 733, stating that parties admitted that state could grant marsh lands.

Estoppel of state.

Cited in Carolina Nat. Bank v. State, 60 S. C. 476, 85 Am. St. Rep. 865, 38 S. E. 629, holding state not estopped to deny power of superintendent of penitentiary to indorse note, proceeds of which were placed to credit of state.

28 L. R. A. 53, DIEBOLD SAFE & LOCK CO. v. HUSTON, 55 Kan. 104, 39 Pac. 1035.

Oral evidence of prior or contemporaneous agreement.

Approved in Gett v. Binkert, 55 Kan. 620, 40 Pac. 925, holding evidence of parol contemporaneous agreement that note payable one day after date should be due only after sale of certain lots inadmissible; Thisler v. Mackey, 65 Kan. 466, 70 Pac. 334, holding oral evidence of contemporaneous agreement to surrender note without payment, on rescission of contract, inadmissible; Com mercial Union Assur. Co. v. Norwood, 57 Kan. 615, 47 Pac. 529, holding parol evidence of prior oral agreement for greater amount of concurrent insurance than that stated in policy inadmissible; Ehrsam v. Brown, 64 Kan. 470, 67 Pac. 867, holding parol evidence inadmissible to show warranty of personal property sold by written contract.

28 L. R. A. 57, EMERY v. BURBANK, 163 Mass. 326, 47 Am. St. Rep. 456, 39 N. E. 1026.

Conflict of laws.

Approved in Heaton v. Eldridge, 56 Ohio St. 99, 36 L. R. A. 820, 60 Am. St. Rep. 737, 46 N. E. 638, holding law of forum, that no action shall be brought on unwritten contract not to be performed within year, applicable; Western Massachusetts Mut. F. Ins. Co. v. Hilton, 42 App. Div. 60, 58 N. Y. Supp. 996, holding validity of fire insurance contract determined by law of place of performance; Seely v. Manhattan L. Ins. Co. 72 N. H. 56, 55 Atl. 425, holding affidavit not admissible to show due mailing of notice, when not admissible according to laws of evidence of state where action brought.

Distinguished in Johnson v. Mutual L. Ins. Co. 180 Mass. 408, 63 L. R. A. 843, 62 N. E. 733, holding requirement of Massachusetts statute that application must be attached to policy, to form part thereof, inapplicable to policy of New York corporation to one living in New Hampshire, but domiciled in Massachusetts; Finney v. Guy, 106 Wis. 277, 49 L. R. A. 495, 82 N. W. 595, refusing to

follow construction of statute of other state creating stockholders' liability, by courts of that state, if unjust to own citizens.

Cited in note (64 L. R. A. 120) on conflict of laws as to statute of frauds.

28 L. R. A. 59, STATE v. HALL, 114 N. C. 909, 41 Am. St. Rep. 822, 19 S. E. 602.

Crimes committed in two jurisdictions.

Cited in State v. Buchanan, 130 N. C. 662, 41 S. E. 107, denying jurisdiction over theft of property stolen in other state and brought into state; State v. Caldwell, 115 N. C. 800, 20 S. E. 523, upholding act giving jurisdiction in county where death takes place, of one mortally injured outside of state; State v. Patterson, 134 N. C. 617, 47 S. E. 808, upholding trial in county of actual delivery of liquor, unlawfully sold.

Cited in footnotes to Coleman v. State, 64 L. R. A. 807, which holds commencement in either county of prosecution for death in one county from fatal blow struck in another, bar to subsequent prosecution in the other county; Graham v. People, 47 L. R. A. 731, which requires institution of prosecution for obtaining money by confidence game in county where offense consummated. Cited in note (28 L. R. A. 59) on locality of crime committed by shooting or striking across state boundary.

-Extradition.

Cited in Re Sultan, 115 N. C. 60, 28 L. R. A. 296, 44 Am. St. Rep. 423, 20 S. E. 375, holding resident of one state who, while in another, procures by false representations shipment of goods to his residence, whither he returns, extraditable as fugitive from justice; State v. Hall, 115 N. C. 820, 28 L. R. A. 291, 44 Am. St. Rep. 501, 20 S. E. 729, holding that constructive presence of murderer in state where victim struck by bullet fired across state boundary does not make him extraditable to that state as fugitive from justice.

Time when crime committed.

Cited in note (34 L. R. A. 851, 852) on time when homicide is deemed to be committed.

28 L. R. A. 65, PEOPLE'S LOAN & HOMESTEAD ASSO. v. KEITH, 153 Ill. 609, 39 N. E. 1072.

Exemption of corporation from taxation.

Followed without special discussion in Ex parte People's Loan & Homestead Asso. 153 Ill. 656, 39 N. E. 1077.

Approved in Re St. Louis Loan & Invest. Co. 194 Ill. 613, 62 N. E. 810, holding void, statute exempting from taxation loan association stock while loaned and pledged as security to association; Atlanta Nat. Bldg. & L. Asso. v. Stewart, 109 Ga. 102, 35 S. E. 73, holding void, act providing that tax shall be levied on shares of members of loan association, which shall be in lieu of all other taxes against it; State ex rel. Cornell v. Poynter, 59 Neb. 431, 81 N. W. 431, holding void, act exempting property of insurance companies from taxation, or releasing or commuting taxes of such companies; Raymond v. Hartford F. Ins. Co. 196 Ill. 343, 63 N. E. 745, holding void, act levying 2 per cent tax on gross amount received by foreign insurance companies, as exemption from local tax, except as to land; Re Wilmerton, 206 Ill. 18, 68 N. E. 1050, denying right of board of