VOLUME CVIII.

108 Cal. 1-7. WINONA ETC. CO. v. BULL.

Liability of Stockholder.-Complaint must allege holding of stock when corporate indebtedness incurred, p. 5.

To same effect in Case etc. Works v. Montgomery, 115 Cal. 381, holding averment of such holding when corporate note given, insufficient; Godall v. Jack, 127 Cal. 260, noted under Redington v. Cornwell, 90 Cal. 63; Yule v. Bishop, 133 Cal. 583, on point that action is on original debt, and not on note given therefor.

108 Cal. 8-14. PEOPLE v. YOUNG.

Jury.-Challenge to Panel cannot be made on ground that names of some did not appear upon assessment roll, p. 12.

To same effect in People v. Durrant, 116 Cal. 194, holding statutes as to selection of panel merely directory.

Where defendant admitted possession of deceased's purse at time he was shot conversation between deceased and witness in defendant's presence, as to ownership of purse, when defendant remained silent, is admissible, p. 13.

Approved in Tibbett v. Sue, 125 Cal. 546, in action on note where consideration assailed by one of makers, plaintiff's declaration when counting out money made in presence of makers, that he loaned it to both of them, and their silence, is admissible.

Jury.-Elisor may be appointed when sheriff and coroner disqualified, p. 13.

To same effect in People v. Sehorn, 116 Cal. 509, holding appointment justified; but see People v. Fellows, 122 Cal. 238, holding appointment erroneous when no such disqualification shown.

108 Cal. 25-31. ALEXANDER v. McDOW.

Complaint.-General Demurrer will not reach a merely insufficient statement of facts, p. 29.

To same effect in Williams v. Ashe, 111 Cal. 189 (cited in Irish v. Sunderhaus, 122 Cal. 310), sustaining complaint in replevin where no de

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murrer interposed. Cited in Haskins v. Jordan, 123 Cal. 159, noted under Amestoy v. Electric etc. Co., 95 Cal. 311.

Note.-Attorney's Fees may be allowed in amount stipulated in note, when judgment by default, p. 30.

To same effect in Avery v. Maude, 112 Cal. 567, as to allowance in foreclosure when defendant introduced no evidence to rebut that of plaintiff as to reasonableness of stipulated amount.

Where note set out in complaint provides for attorney's fees and prayer of complaint asked for them, no evidence is necessary to fix agreed allowance in judgment, p. 30.

Approved in Thrasher v. Moran, 146 Cal. 684, where mortgagee stipu lated amount of attorney's fees and complaint prayed judgment for principal, with interest, costs and counsel fees, decree providing for smaller fee than stipulated in mortgage, is valid.

108 Cal. 45. LACEY v. LACEY.

Divorce.-Counsel Fees cannot be allowed when in payment for past services, p. 46.

Cited in McKay v. McKay, 125 Cal. 72, noted under Loveren v. Loveren, 100 Cal. 493.

108 Cal. 49-53.

LOCKE v. MOULTON.

S. C. 96 Cal. 21; 132 Cal. 146. Jury Trial should be awarded in ejectment suit, although answer alleges that plaintiff's deed was in fact a mortgage, p. 52.

To same effect in Yager v. Bank, 52 Neb. 327, holding jury improperly denied in action to recover moneys although growing out of similar transaction.

108 Cal. 54-57. PEOPLE v. DENBY.

Criminal Law.-Evidence is inadmissible that defendant had gone under assumed name, p. 56.

Cited in People v. Arlington, 123 Cal. 357, holding its admission reversible error.

108 Cal. 58-71. DREYFUS v. BADGER.

Public Lands.-Patent is conclusive as against collateral attack that necessary facts were found in patentee's favor, p. 64.

Cited in Saunders v. La Purissima etc. Co., 125 Cal. 164, 165, on point that patent for school land is conclusive as to nonmineral character of the land; and on same point in Standard Q. Co. v. Habishaw, 132 Cal. 119, as to character of land embraced in homestead patent; dissenting opinion in Miller v. Grunsky, 141 Cal. 457, majority holding before patent concludes anything it must be construed.