R RIGHTS. , 3, 4. CONTRACT.-A suit in equity by eged to have been entered into in ornia, to annul the contract as fraudcause from one by the other party to ame alleged marriage contract; and a Court will not abate a suit of the former er court. Sharon v. Hill (J. S. Cir. Ct., .--The state and United States courts are a suit pending in a state court will not abate a ted States court for the same cause. Id. , 50; NUISANCE, 16, 20-22, 26. SENT WITNESSES. See CONTINUANCE. SARY AFTER THE FACT. LDER AND MANSLAUGHTER, 13. ACCOMPLICE. TICE, 23, 25; MURDER AND MANSLAUGHTER, 83, 84. RD AND SATISFACTION. RCHASE AND SALE OF A CERTAIN AMOUNT OF LUMBER, BONDING upon the party who signs the same, although it party. Id. 765 DIGEST OF CASES REPORTED IN VOLUMES 1, 2, 3, 4. ABANDONMENT. See HOMESTEAD, 9-12; LEASE, 1; WATER RIGHTS. ABATEMENT. 1. ABATEMENT-DIVORCE-FRAUDULENT MARRIAGE CONTRACT.-A suit in equity by one party to a marriage contract in writing, alleged to have been entered into in pursuance of section 75 of the civil code of California, to annul the contract as fraudulent, and for an injunction, is for a different cause from one by the other party to the contract, for a divorce arising upon the same alleged marriage contract; and a suit for the latter object pending in one court will not abate a suit of the former character subsequently brought in another court. Sharon v. Hill (J. S. Cir. Ct., Cal.), IV, 199. 2. ABATEMENT-DIFFERENT JURISDICTIONS.-The state and United States courts are courts of different jurisdictions, and a suit pending in a state court will not abate a suit subsequently brought in a United States court for the same cause. Id. See CORPORATIONS, 50; NUISANCE, 16, 20-22, 26. ABSENT WITNESSES. See CONTINUANCE. ACCESSARY AFTER THE FACT. See MURDER AND MANSLAUGHTER, 13. ACCOMPLICE. NAL LAW AND PRACTICE, 23, 25; MURDER AND MANSLAUGHTER, 83, 84. ACCORD AND SATISFACTION. FOR THE PURCHASE AND SALE OF A CERTAIN AMOUNT OF LUMBER, an accord of a previous agreement for the same purpose, which renher to be of good quality, will be construed in accordance with the ttending the making of the previous agreement, so as to require the to be of good quality. Cary v. McIntyre (Col.), II, 117. CH ACCORD AGREEMENT MAY BE WAIVED by the party in whose on was made, to the extent, at least, of preventing the party ling the agreement, and declaring it a nullity. Id. INT IS BINDING upon the party who signs the same, although it other party. Id. 765 766 4. FAILURE TO PERFORM AN AGREEMENT FOR AN ACCORD can not be taken advantage of by the party through whose fault such failure was occasioned. Tucker v. Edwards (Col.), II, 400. See ACCOUNTING, 3; PLEADING AND PRACTICE, 29, 30. ACCOUNT. See ACCOUNTING; HUSBAND AND WIFE, 13; PAYMENT, 2. ACCOUNTING. 1. DISSOLUTION OF PARTNERSHIP-ACCOUNTING-SETTLEMENT BY PARTNERS.-In an action to dissolve a partnership, and for a settlement of its affairs, the account must generally be taken from the beginning to the end of the partnership. But if there has been a partial settlement between the partners themselves, that fact may be proved in the action; and, if proved, the settlement will be considered valid as between the partners themselves, unless it is assailed on the ground of mistake, error, or fraud. If there is no valid objection to the settlement, it is conclusive upon the parties as far as it goes, and leaves open only the unsettled portions of the Stretch v. Talmadge (Cal.), III, 579. account. 2. ASSUMPSIT-WORK AND LABOR-AVOIDING SETTLEMENT.-In an assumpsit for work and labor, the plaintiff can not avoid a settlement of the account between himself and the defendant, for mistakes or errors in items thereof. Such avoidance can only be had in an action to set aside the settlement. Roach v. Gilmer et al. (Utah), III, 258. 3. SETTLEMENT OF ACCOUNT-ACCEPTANCE BY CREDITOR.-A payment made and accepted as an adjustment of an unsettled or unliquidated demand will operate as a satisfaction, although shown to be much less than the creditor was entitled to receive, and would have received, had he brought an action. The fact that the creditor dissented at the time of the settlement can make no difference, if he finally accepted the debtor's offer, and agreed to the settlement. Id. 4. VERDICT AGAINST EVIDENCE-WORK AND LABOR.-A verdict for the plaintiff, in an action for work and labor, will be held unsupported by the evidence, when the same is largely in excess of the amount prayed for, and when no allowance is made for undisputed payments by the defendant. Id. 5. ACCOUNTING BETWEEN PARTNERS-PRESENTATION OF CLAIM.-In an action of accounting between a surviving partner and the administratrix of his deceased partner, the surviving partner is entitled to an allowance for sums drawn by the deceased partner from the partnership during his life-time, notwithstanding the claim for the sum so drawn has never been presented to the administratrix of the deceased partner for allowance and approval. Manuel, Adm'x, v. Escolle (Cal.), II, 375. 6. IN AN EQUITABLE ACTION TO REOPEN A SETTLEMENT AND SALE MADE BETWEEN PARTNERS, and for an accounting of the partnership affairs, on the ground of fraud alleged to have been practiced by the defendant, the court can not, without setting aside such sale and making an accounting, render judgment for the plaintiff for specific amount, on the ground that the defendant was guilty of a breach of warranty or of deceit. Black et al. v. Merrill (Cal.), II, 137. See ESTATES OF DECEASED PERSONS, 5, 7, 14, 15; FRAUD, 9; GUARDIAN AND WARD, 4, 6, 7; PARTNERSHIP, 14, 15. ACCOUNT STATED. 1. UPON AN ACCOUNT STATED THE LAW IMPLIES A VALUABLE CONSIDERATION, and 2. PROMISSORY NOTE IS THE MOST SATISFACTORY EVIDENCE of a settlement between 3. ACCOUNT STATED, WHAT CONSTITUTES.-In an action on an account stated against |