The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1901-02-07

CouIt ol appears lot tulS circuit Ill con
STRUNG this section which provides when
the plaintiff must deliver to the adverse
party copy of the account sued upon,
held that it did not apply to a suit on
bond.
Sec. S445-This section enunerates the
cases in which an injunction may be
granted. The annexation here is notice.
able for the failure to recite AN importa Mt
decision OF our supreme court, that where
mineral is removed from mine it con-
stitutes waste, and that under the statute
"waste" is one of the grounds for the
issuance of the writ.
Sec. 3492-The decision of our supreme
court holding that i'll this state trust
deed must be foreclosed does not appear
to the note in this section which is on
foreclosure proceedings.
Sec. 349o-This section of our lien law
has been construed by our supreme court,
though the decision is not made TO APP
pear in the note to this section.
Sec. 377o.-This section is upon the is
suance of an alias summons in justices
courts, and there is cited to it a decision
from the supreme court of California to a
proposition which the decision in nowise
sustains. The case was enormously re-
reported and the error of the reporter is
copied without any examination, appa-
voot1v oT thu Iao;.;.D., ;&,olC
Sec. 354o-In the note to this section
is to be found reversed case.
Sec: 3734-An Idaho case is cited to
this section to a point which the court
does not hold.
Section 4o57-In the attached note is
to be found case well known to the pro.
fession as having been reversed by the
supreme court of the United States
Fourth, of the Penal Code. Sec. 47Io
This section enumerates the classes Of
persons deemed in law incapable Of COM
uniting crimes, and there is appended to
it six and one-half columns of insanity
and the burden Of proof where that
our supreme court holding that the bur
den is OH the defendant and that he is not
required to prove it beyond reasonable
doubt are omitted, as we'll as a leading
case in Montana
Sec. 477S-This is the statute of mutt
lating, secreting and classifying public
records. One of the cases cited to this
section has no application. II is unfor-
tunate that leading Montana case con-
STRUNG statute identical with our own
was not noted. For in that case the
statute was extensively considered by
the court.
Sec. 482I-This section was applied
by our supreme court but is ignored in
the annexation.
Sec. 4836-Nothing is cited in this Sec
ton. 1t would not have been inappro-
pirate to have referred to case from the
United States supreme court wherein that
court passed upon the validity of an in
dictment for violating an injunction
which had been Heretofore issued against
a miners union from threatening and
intimidating those working on complain
ants properties.
Secs. 1857, 5o33 and 5o69-In the notes
to these sections many old English cases
are cited, the reports Of which are prob
ably inaccessible. 1t is sufficient to say,
however, that as they have been express
ly doubted in England they are practi-
caly Of no authority there, and less here.
Sec. 49So-This statute makes it mis-
demeanor for any person to carry on a
business without taking out the required
license. No authority is cited and the
inference would be that none could be,
at least from our court. There had been
quite conflict of professional opinion
whether under this statute contracts
made in violation of it were not void, but
a decision of our supreme court holding
that the statute was enacted to protect
the public revenue and not to invalidate
contracts made in violation of it is
omitted.
Sec. 5o84-Under this section is to be
found in the note of an overruled Idaho
case.
Sec. 534o-To this section on the sum.
mary removal of public officers failure
to cite an Idaho case constituting this sec.
ton must be noted.
Sec. 55oo-The cases cited at some
length to this section are both referred to
in an Idaho decision which is not noted
and which IS directly in point.
Secs. S5a2 and 5s32-These sections are
on the demurrer in criminal case, anf
two Idaho decisions ar conspic uously un