REPORTS OF CASES

DETERMINED IN

THE SUPREME COURT

OF THE

STATE OF CALIFORNIA.

C. P. POMEROY,

REPORTER.

VOLUME 118

WITH

NOTES ON CALIFORNIA REPORTS

SAN FRANCISCO:

BANCROFT-WHITNEY COMPANY

LAW PUBLISHERS AND Law BOOKSELLERS.

1906.

Entered according to Act of Congress in the year, 1898, by the

BANCROFT-WHITNEY COMPANY,

In the office of the Librarian of Congress, at Washington.

COPYRIGHT, 1899,

BY BANCROFT-WHITNEY CO.

COPYRIGHT, 1905,

BY BANCROFT-WHITNEY CO.

COPYRIGHT, 1906,

BY BANCROFT-WHITNEY CO.

(E)

118-1

SUPREME COURT

W. H. BEATTY, Chief Justice.

DEPARTMENT ONE.

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

DEPARTMENT TWO.

T. B. MCFARLAND, Presiding Justice.
JACKSON TEMPLE, Justice.
F. W. HENSHAW, Justice.