October 6, 1941. March 29, 1943. Present: FIELD, C.J., DONAHUE, COX, RONAN, JJ. Res Judicata. Practice, Civil, Amendment. Judgment. Words, "Leave to amend." A judgment in an action at law, rendered on the sustaining of a demurrer to the declaration, is treated as based on the merits within the doctrine of res judicata if, although the demurrer was sustained by reason of insufficiency of the statement of the cause of action in the declaration, the plaintiff was given an opportunity to amend for the
No. 32786. September 16, 1947. (Syllabus.) DIVORCE — Division of real property — Separation decree setting aside property to wife with full power of disposition without husband's consent held valid. In an action for divorce, alimony, and the division of jointly acquired property, where the plaintiff, upon submission of the cause to the court, in open court withdraws her prayer for divorce and asks only for separate maintenance, and division of the jointly acquired property of the parties, and the
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. No. 453. Argued March 14, 15, 1900. Decided May 28, 1900. This case falls within the same rule as Mutual Life Insurance Co. v. Phinney, ante, 327, and Mutual Life Insurance Co. v. Sears, ante, 345, and is disposed of in the same way. THE case is stated in the opinion. Mr. Julien T. Davies and Mr. John B. Allen for petitioner. Mr. Edward Lyman Short and Mr. Frederic D. McKenney were on their brief. Mr. Stanton Warburton and Mr. Harold
Civil Action No. 3558-H. June 6, 1944. Raymond E. Yost has petitioned for a writ of habeas corpus to be directed against Major General Thompson Lawrence, Commanding Officer of Infantry Replacement Training Center at Camp Roberts, California. He was born on March 22, 1925, and duly registered under the Selective Training and Service Act of 1940, 50 U.S.C.A. Appendix, § 301 et seq., on April 8, 1943, before Local Board No. 1, Coos County, Oregon, at Marshfield. As a member of the group known as Jehovah's
No. 11,400. Decided November 23, 1925. Action against officers of a corporation to recover upon alleged debts of the corporation. Judgment for plaintiff. Affirmed in Part. Reversed in Part. On Application for Supersedeas. 1. PLEADING — Corporations — Annual Report. Where it is intended to allege that no report was filed, a complaint alleging that a corporation failed to file its annual report within time, but did file one after the time therefor had expired, is sufficient. 2. CORPORATIONS — Indebtedness