AGENCY (Continued). its possession, with damages for its depreciation and detention. (Hutchinson v. Scott, Magner & Miller, 171.) 8. BROKERS-SALE OF REAL ESTATE-STATUTE OF FRAUDS-ACTION FOR COMMISSION.-To entitle a broker to commission, he must show written authority and also that he had either accomplished the sale or produced a purchaser ready, willing, and able to purchase. (Wooley v. Batchelder, 177.) 9. SALE BY OWNERS.-Under the facts in this case it is held that the broker was not entitled to recover. (Id.) 10. CORPORATION LAW-POWER OF GENERAL MANAGING AGENT.-If a corporation's business is transacted by a general managing agent, who is suffered to exercise general authority in respect to the business, the corporation is bound by his acts within the scope of the powers assumed by him, in the same manner as if expressly granted. In respect to the management of its business, a general managing agent and superintendent is the representative of the corporation, and may do in the transaction of its ordinary affairs what the corporation itself could do within the scope of its powers. (Raftis v. McCloud River Lumber Co., 398.) 11. AGENCY-EVIDENCE-TESTIMONY OF AGENT.-The rule that the declarations of an agent are as against his principal inadmissible to prove the fact of his agency does not apply to his testimony as a witness in the trial in which such fact is in issue; and consequently the testimony of the agent, unless he is disqualified for some other reason, is competent to establish the fact of his agency and the existence of facts from which the agency may be inferred. (Id.) See Contract, 24; Corporation Law, 12; Negligence, 7, 9, 20; AMENDMENT. See Estates of Deceased Persons, 2; Pleading, 4. APPEAL. 1. JUDGMENT STATEMENT OF JUDGE IN ORAL DECISION-RECORD.— On an appeal from a judgment, a statement of facts made by the trial judge in rendering his oral decision, although printed in the appellant's brief, cannot be treated as forming any part of the record, nor used to supply findings or to influence the judgment in any way. (Curtin v. Black Oak Development Co., 1.) 2. FINDINGS TO SUPPORT JUDGMENT· PRESUMPTION.-On an appeal from a judgment the appellate court must presume that the trial judge found every fact warranted by the evidence which is necessary to support the judgment. (Id.) 3. ALTERNATIVE METHOD-RECORD AND CONTENTS.-Judgment should be affirmed for failure to print any part of judgment-roll with the brief. (Easterly v. Praul, 39.) 85 Cal. App.-52 APPEAL (Continued). 4. ALTERNATIVE METHOD-BRIEF-INSUFFICIENT RECORD.-On an appeal taken from a judgment under the alternative method, the judgment must be affirmed where the appellant fails to print in its brief sufficient of the record to properly present the points relied upon for reversal. (Jones v. American Potash Co., 128.) 5. ALTERNATIVE METHOD-RECORD NOT PRINTED IN BRIEF-AFFIRMANCE OF APPEAL.—An order granting a motion to set aside a judgment and granting permission to file an amended complaint must be affirmed on appeal, where there is no record other than a typewritten transcript prepared in accordance with section 953a of the Code of Civil Procedure, and the brief of appellant contains none of the evidence and no part of the record as required by section 953e of such code. (Stewart v. Andrews, 230.) 6. PREPARATION OF TRANSCRIPT-CERTIFICATION-CURE OF OMISSION TO ORDER PREPARATION.—Where on an appeal from a judgment the appellant filed within the required time a notice of intention and request for a transcript in accordance with the provisions of section 953a of the Code of Civil Procedure, and the court never ordered the reporter to prepare the transcript as required by such section, but the transcript was prepared and certified by the judge, the omission to order the preparation was cured by the certification. (White v. Hendley, 267.) 7. ORDER DENYING NEW TRIAL-REVIEW-APPEAL FROM JUDGMENT.Under the amendment of 1915 to section 956 of the Code of Civil Procedure, an order denying a motion for a new trial is reviewable on an appeal from the judgment. (Id.) 8. LACK OF GOOD FAITH-PENALTY.-An appeal from a judgment in an action for conversion, for insufficiency of the evidence to sustain certain findings, cannot be regarded as having been made in good faith, and is a proper case for the imposition of a penalty for the taking of a frivolous appeal, where reversal is asked merely because of a claimed preponderance of the evidence in favor of the appellant, although the findings are directly and substantially supported by other evidence. (Brannigan v. Miller, 292.) 9. ALTERNATIVE METHOD-TYPEWRITTEN TRANSCRIPTS-REVIEW.-While the alternative method of appeal permits parties to file typewritten transcripts in lieu of printed judgment-rolls and bills of exceptions, such permission casts no burden upon the appellate courts to examine the typewritten documents in deciding the appeal. (Huffaker v. McVey, 302.) 10. DISMISSAL OF ACTION-FAILURE TO FILE BOND REQUIRED BY LIBEL AND SLANDER ACT-NATURE OF ACTION-DEFECTIVE RECORD.-Upon an appeal from a judgment of dismissal of an action after refusal of the plaintiff to file a bond as required by the provisions of the libel and slander act (Stats. 1871-72, p. 533), where the appellant 12 $2 APPEAL (Continued). contends that the amended complaint was not one for either libel or slander, it is the duty of appellant to print in his brief the whole of the complaint and not mere fragments thereof, in order to enable the appellate court to determine its character. (Id.) 11. ALTERNATIVE METHOD-RECORD.-Where an appeal is taken under the alternative method, and neither party prints in his brief such portions of the record as he desires to call to the attention of the appellate court, the typewritten transcript will not be examined. (Hepler v. Wright, 567.) - EFFECT OF CODE AMENDMENT.— 12. ORDER DENYING NEW TRIAL 13. ALTERNATIVE METHOD SUFFICIENCY OF RECORD.-On an appeal from See Assault, 1; Bill of Exceptions, 1; Bonds, 3; Certiorari, 2; Con- APPEARANCE. See Dismissal, 5. ASSAULT. 1. ACTION FOR DEATH-ASSAULT AS CAUSE-CONFLICT OF EVIDENCEVERDICT NOT DISTURBED.-The record disclosing a substantial conflict in the evidence as to whether the defendant struck the deceased without cause or not in necessary self-defense, and also as to whether death was caused by the blows alleged to have been struck, the verdict awarding damages cannot be disturbed on appeal. (Marks v. Reissinger, 44.) 2. STATUTE OF LIMITATIONS-TIME FOR COMMENCEMENT OF ACTION.The time for bringing an action of this character begins to run from the time of the death of the injured person, and not from the time the injury causing his death was inflicted upon him. (Id.) 3. RIGHT OF ACTION OF HEIRS-FAILURE OF DECEASED TO SUE.-The right of heirs and representatives to sue under section 377 of the Code of Civil Procedure is not affected or barred by the failure of the deceased to sue in his lifetime. (Id.) ASSESSMENT. See Corporation Law, 1; Injunction, 1. ASSIGNMENT. CORPORATIONS-ASSIGNMENT OF CAUSE OF ACTION.-An assignment, for collection, of a cause of action was properly executed by the president under the corporate seal, without action by the board of directors when that was the business custom of the corporation. (Burrell v. Southern California C. Co., 162.) See Election Law, 2; Promissory Note, 3. ASSIGNMENT FOR BENEFIT OF CREDITORS. See Vendor's Lien, 3. ATTACHMENT. 1. THIRD-PARTY CLAIM.-Unverified demand is insufficient although "acknowledged" before a notary. (Easterly v. Praul, 39.) 2. SHERIFF RELEASE OF ATTACHMENT-LACK OF WRITTEN AUTHORIZATION-LIABILITY FOR JUDGMENT-CONSTRUCTION OF SECTION 4166, POLITICAL CODE.-Under section 4166 of the Political Code, which provides that no direction or authority by a party or his attorney to a sheriff, in respect to the execution of process or return thereof, or to any act or omission relating thereto, is available to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it is contained in a writing, signed by the attorney of the party, or by the party, if he has no attorney, a sheriff who levied a writ of attachment upon certain real estate, and thereafter released such attachment without obtaining the written consent of the attaching party, and placed the attachment upon money in escrow payable to the defendant, in consequence of which plaintiff's judgment was not satisfied, is liable to the plaintiff for the amount of his judgment. (Robinson v. Baker, 318.) See Stipulation, 1. ATTORNEY AND CLIENT. SERVICES IN DIFFERENT CAPACITIES-RIGHT OF RECOVERY.-An attorney at law may in an action for professional services also recover compensation for services rendered in the capacity of an attorney in fact. (Creely v. Cohen, 642.) ATTORNEY AT LAW. 1. UNAUTHORIZED USE OF NAME-ACTION FOR DAMAGES-PLEADINGSUFFICIENCY OF COMPLAINT.-In an action by an attorney at law for damages to his professional reputation, the complaint is sufficient as against a general demurrer under which at least nominal damages are recoverable, where it appears therefrom that the defendant, without the consent or knowledge of the plaintiff, caused to be sent out and mailed, with plaintiff's name appended thereto as the sender in ATTORNEY AT LAW (Continued). typewriting, of over one thousand letters to debtors threatening them with legal proceedings unless they called and settled their accounts. (Crane v. Heine, 466.) 2. OPPOSITION OF APPLICATION TO PRACTICE-FINDING OF TRIAL COURT IN CIVIL ACTION-HEARSAY.-Where an application to practice law is opposed on the ground that the applicant had committed fraudulent acts rendering him unfit to practice, the finding of a trial court on conflicting evidence in a certain action brought against the applicant is hearsay, and inadmissible in such proceeding. (Matter of Application of Wells, 802.) 3. RIGHT OF APPLICANT.-Where an application to practice law 18 opposed for alleged lack of good moral character and the commission of alleged fraudulent acts rendering the applicant unfit for admission to the profession, he is entitled, as to all of the several distinct charges formally preferred against him, to be confronted by the witnesses called to support those charges, and to have their testimony taken directly before, and to cross-examine them in the presence and hearing of, the tribunal which must ultimately pass upon the question whether said charges have been sustained by sufficient proof. (Id.) See Disbarment, 1-8. ATTORNEY'S FEE. PROMISSORY NOTE-In an action on a promissory note, the allowance of the sum of fifty dollars as a reasonable attorney fee is not excessive where the payments were disputed and considerable time consumed in trying the issue. (Gallwey v. Castelhun, 589.) See Contract, 29, 31; Promissory Note, 5, 6. AWARD. See Workmen's Compensation Act, 1. BAIL. See Criminal Law, 56–58. BARRATRY. See Criminal Law, 25. BILL OF ATTAINDER. See Red Light Abatement Law, & BILL OF EXCEPTIONS. REFUSAL TO SETTLE-REMEDY.-The remedy for refusal to settle a bill of exceptions is by mandamus and not by appeal from the order of refusal. (Potter v. Pigg, 707.), See Appeal, 13. BONDS. 1. COSTS-UNDERTAKING IN ACTIONS BY NONRESIDENTS-POWER TO EXTEND TIME—Under the provisions of section 1054 of the Code of Civil |