DETERMINED IN

THE SUPREME COURT

OF THE

STATE OF CALIFORNIA.

C. P. POMEROY,

REPORTER.

VOLUME 108

WITH

NOTES ON CAL. REPORTS

SAN FRANCISCO:

BANCROFT-WHITNEY COMPANY,

LAW PUBLISHERS AND LAW BOOKSELLERS.

1906.

Entered according to Act of Congress in the year

1896

BY BANCROFT-WHITNEY COMPANY,
In the Office of the Librarian of Congress, at Washington.

Copyright, 1899,

BY BANCROFT-WHITNEY COMPANY.

Copyright, 1905,

BY BANCROFT-WHITNEY COMPANY.

Copyright, 1906,

BY BANCROFT-WHITNEY COMPANY

VOLUME 108.

SUPREME COURT.

W. H. BEATTY, Chief Justice.

RALPH C. HARRISON, Presiding Justice.
C. H. GAROUTTE, Justice.
W. C. VAN FLEET, Justice.

T. B. MCFARLAND, Presiding Justice.
JACKSON TEMPLE, Justice.

F. W. HENSHAW, Justice.