cars, held to state a good defense.-Martin v. Great Northern Ry. Co. (Minn.) 825. (C) Custody and Control of Goods. $76. Where property is consigned to a commission merchant without any previous contract or advances to a shipper, the consignee cannot sue for damages to the property in transit.-Grinnell-Collins Co. v. Chicago, M. & St. P. Ry. Co. (Minn.) 377. § 76. Gen. Laws 1907, p. 715, c. 466, § 1, authorizing actions to recover damages for injury to freight in transit, does not change the rule that an action may be prosecuted only by the real party in interest.-Grinnell-Collins Co. v. Chicago, M. & St. P. Ry. Co. (Minn.) 377. (E) Delay in Transportation or Delivery. Effect of interstate commerce act on reciprocal demurrage law, see Commerce, § 10. Imposition of attorney's fees by reciprocal demurrage law, as denial of equal protection of law, see Constitutional Law, § 248; as dep: rivation of property without due process of law, see Constitutional Law, § 317. $100. Reciprocal Demurrage Law (Laws 1907, p. 25, c. 23) § 11 (Rev. Laws Supp. 1909, § 2023-11), construed.-Hardwick Farmers' Elevator Co. v. Chicago, R. I. & P. Ry. Co. (Minn.) 819; Gray v. Minneapolis & St. L. R. Co. (Minn.) 1100. 104. The carrier delaying the transportation of property has the burden of showing a special excuse.-McMillan v. Chicago, R. I. & P. Ry. Co. (Iowa) 1069. (I) Connecting Carriers. $ 170. A connecting carrier held required to accept and transport cars without a new contract therefor.-McMillan v. Chicago, R. I. & P. Ry. Co. (Iowa) 1069. $174. The agents of a transfer company. taking the car from the initial carrier and switching it to the track of the connecting car rier, held agents of the connecting carrier.McMillan v. Chicago, R. I. & P. Ry. Co. (Iowa) 1069. § 174. A car is delivered to the connecting carrier when it is placed on its transfer track, and it is notified of that fact.-McMillan v. Chicago, R. I. & P. Ry. Co. (Iowa) 1069. III. CARRIAGE OF LIVE STOCK. § 207. Where a carrier made an oral agreement with plaintiff for the transportation of a mare which his daughter gave him, the carrier was not relieved from the duty of performing it by inducing the daughter, who was not the father's agent, to sign a contract for its transportation.-Cox v. American Express Co. (Iowa) 202. § 209. Live stock carrier held required to furnish a car reasonably safe, in view of the kind and nature of the stock to be transported. -Berry v. Chicago, M. & St. P. Ry. Co. (S. D.) 859. § 218. The rule relieving a carrier from liability for failure to feed or water live stock during transportation held not to relieve it from liability for negligent delay.-McMillan v. Chicago, R. I. & P. Ry. Co. (Iowa) 1069. § 218. Under the direct provisions of Civ. Code, § 1583, a carrier cannot be exonerated by any agreement from gross negligence.-Berry v. Chicago, M. & St. P. Ry. Co. (S. D.) 859. § 218. A carrier cannot relieve itself of its failure to provide a suitable car by a stipulation in the bill of lading devolving upon the shipper the duty of selecting a suitable car.Berry v. Chicago, M. & St. P. Ry. Co. (S. D.) 859. § 218. Agreed value of horses shipped, so out of harmony with actual value as to indicate that the question of value was not in fact con sidered, held__not_binding.-Berry v. Chicago, M. & St. P. Ry. Co. (S. Ď.) 859. § 228. In an action against a carrier for loss of a mare, evidence held sufficient to authorize a finding that the transportation of the mare was undertaken under an oral contract between plaintiff and defendant's agent.-Cox v. American Express Co. (Iowa) 202. § 228. Evidence held to show unreasonable delay in the transportation of live stock by the connecting carrier.-McMillan v. Chicago, R. I. & P. Ry. Co. (Iowa) 1069. § 228. Letters by shipper of live stock to claim agent itemizing the loss held the best evidence that notice of loss was given and properly admitted.-Berry v. Chicago, M. & St. P. Ry. Co. (S. D.) 859. what they did sell for, held a proper method of § 229. What horses would have sold for, and determining the difference in value, in an action against a carrier for delay in their transportation and their negligent injury.-Berry v. Chicago, M. & St. P. Ry. Co. (Š. Ď.) 859. § 230. In an action against a carrier for loss of a mare, evidence held to make the question of defendant's negligence for the jury.-Cox v. American Express Co. (Iowa) 202. § 230. In an action against a carrier for loss of a mare, evidence held sufficient to make the question of whether or not there was an oral agreement for her carriage one for the jury.Cox v. American Express Co. (Iowa) 202. § 230. Whether delays in the transportation of horses and broken timbers on the side of the car were the result of gross negligence held for the jury.-Berry v. Chicago, M. & St. P. Ry. Co. (S. D.) 859. carrier for injury to live stock, held properly § 230. Request to charge, in action against Chicago, M. & St. P. Ry. Co. (S. D.) 859. refused as inapplicable to evidence.-Berry v. IV. CARRIAGE OF PASSENGERS. (D) Personal Injuries. Declarations as res gestæ, see Evidence, § 123. $318. Evidence in action for injuries to one after alighting from street car held to sustain verdict for plaintiff.-Swanson v. Duluth St. Ry. Co. (Minn.) 219. § 318. In an action for injuries to a passenger on a street car, caused by defendant starting the car while the gates were open, evidence held to justify verdict for plaintiff.-Koenig v. St. Paul City Ry. Co. (Minn.) 832. § 320. Evidence held to raise for the jury the question of defendant's negligence.-Reese v. Detroit United Ry. (Mich.) 539. (E) Contributory Negligence of Person Injured. § 347. A passenger using the baggage compartment of a combination coach held not guilty of contributory negligence as a matter of law.Davis v. Iowa Cent. Ry. Co. (Iowa) 753. § 347. Whether a passenger injured while in the baggage compartment of a combination coach was guilty of contributory negligence held, under the evidence, for the jury.-Davis v. Iowa Cent. Ry. Co. (Iowa) 753. (G) Passengers' Effects. Mandamus to compel carrier to put in force rates fixed by railroad commission for excess baggage, see Mandamus, § 134. possession as to whom the title is in the grantor.-Burke v. Scharf (N. D.) 79. § 7. Where a grantor's first deed was void for champerty because of adverse possession. his subsequent deed to one in possession through a vendee, holding under another, conveyed the title.-Burke v. Scharf (N. D.) 79. § 7. The doctrine of champerty as applied to a deed of land held adversely by a person Probable cause for prosecution, see Malicious not in possession is in force in North Dakota. To witness in criminal prosecution, see Criminal Of accused or other persons, evidence in crimLaw, § 667. CERTAINTY. Of contract as affecting right of action to restrain breach, see Injunction, § 57. Of description of property conveyed, see Deeds, § 38. CERTIFICATE. inal prosecutions, see Homicide, § 163. Of female, evidence in criminal prosecutions, see Bastards, § 59; Rape, § 40. Of witness, see Witnesses, § 344. CHARGE. By carrier, see Carriers, §§ 13, 35. Criminal accusation, see Indictment and Information. To practice medicine, see Physicians and Sur- For water supply, see Waters and Water Coursgeons, § 5. CERTIORARI. Review of assessments for public improvements, see Municipal Corporations, § 512. I. NATURE AND GROUNDS. § 5. The error of the court in entering a decree without a hearing to the owner restraining the maintenance of a liquor nuisance held not subject to the correction by certiorari.— Denmead v. Parker (Iowa) 780. § 8. Where the merits of a will contest have been determined in another action between the same parties, certiorari to correct an entry in the will contest will be dismissed.-Casad v. District Court of Cedar County (Iowa) 198. es, § 203. Instructions to jury, see Criminal Law, §§ 772789, 824. 829; Trial, §§ 194-296. CHARITIES. Exemption of property of charitable institutions from legacy and transfer taxes, see Taxation, § 876. CHATTEL MORTGAGES. Admissions by failure to deny execution of chattel mortgage, see Pleading, § 377. Delivery in escrow, see Escrows, § 9. Subrogation on payment, see Subrogation, § 38. Transfers operating to hinder, delay, or defraud creditors in general, see Fraudulent Conveyan ces. I. REQUISITES AND VALIDITY. (A) Nature and Essentials of Transfers of Chattels as Security. Retention of possession by seller in absolute sale intended as security as fraudulent as to creditors, see Fraudulent Conveyances, § 139. III. CONSTRUCTION AND OPERA TION. (C) Property Mortgaged, and Estates and Interests of Parties Therein. Admissibility of parol evidence, see Evidence, § 460. (D) Lien and Priority. § 136. That a chattel mortgage note was not in the possession of the mortgagee at the trial between her and a levying creditor did not defeat the lien of the mortgage.-Peppers v. Harris (Iowa) 625. V. RIGHTS AND REMEDIES OF $182. The term "creditors," as used in relation to mortgages fraudulent as to creditors construed.-Citizens' State Bank of Tracy v. Brown (Minn.) 990. CIVIL DAMAGE LAWS. $ 190. Chattel mortgage, where the mortgagor by agreement was authorized to sell the mortgaged property and apply the proceeds to See Intoxicating Liquors, §§ 309, 316. his own use, held void as to creditors.-Citizens' State Bank of Tracy v. Brown (Minn.) 990. $ 190. Evidence held to justify a finding that chattel mortgage was void as to creditors, though they had no lien on the mortgaged stock until acquired by bankruptcy proceedings.Citizens' State Bank of Tracy V. Brown (Minn.) 990. § 198. A defect in the description of the personalty in a mortgage is cured by the subsequent delivery of the personalty to the mortgagee as against the general creditors of the mortgagor.-Cuddy v. Becker, Mayer & Co. (Iowa) 1071. CIVIL RIGHTS. Constitutional guaranty of civil rights, see Con- Constitutional guaranty of trial by jury, see Denial of equal protection of laws, see Constitu- CLAIM AND DELIVERY. 8 201. Evidence held to justify a finding that chattel mortgagor sold the property and applied the proceeds to his own use with the consent of the mortgagee.-Citizens' State Bank See Replevin. of Tracy v. Brown (Minn.) 990. Liability of owner of automobile for injuries CLAIMS. Against estate of decedent, see Executors and Against exempt property, see Homestead, § 96. To property levied on, see Execution, § 182. CLASS. caused by negligence of chauffeur, see Master See Constitutional Law, § 208. and Servant, § 302. CLERKS OF COURTS. $35. Fees collected by a county clerk in naturalization proceedings and not paid over to the Bureau of Immigration and Naturalization, under Act 59th Congress, June 29, 1906, c. 3592, § 13, 34 Stat. 600 (U. S. Comp., St. Supp. 1909, p. 483), held emoluments of the clerk's office for which he must account to the treasurer, where his office is on a salary basis, under Laws 1901, c. 411.-Barron County v. Beckwith (Wis.) 1030. CLIENTS. See Attorney and Client. CLOUD ON TITLE. See Quieting Title. CODES. Joinder of causes of action under codes, see Action, § 48. COLLATERAL ATTACK. On judgment, see Judgment, §§ 487, 511. On judgment in action to foreclose mortgage, see On order establishing boundaries of irrigation COLLATERAL INHERITANCE TAXES. COLLATERAL UNDERTAKINGS. COLLECTION. Of taxes, see Taxation, §§ 587, 593. Forms of action at common law, see Action, § 32. COMMON NUISANCE. See Nuisance, §§ 86, 91. § 10. Reciprocal demurrage law (Laws 1907, p. 25, c. 23 [Rev. Laws Supp. 1909, §§ 20231 to 2023-13]) held not displaced by the interstate commerce act (Act Feb. 4, 1887, c. 104, 24 Stat. 379 [U. S. Comp. St. 1901, p. 3154]), as amended by the Hepburn law (Act June 29, 1906, c. 3591, 34 Stat. 584 [U. S. Comp. St. Supp. 1909, p. 1149]).-Hardwick Farmers' Elevator Co. v. Chicago, R. I. & P. Ry. Co. (Minn.) See States. 819; Gray v. Minneapolis & St. L. R. Co. (Minn.) 1100. COMMONWEALTH. COMPANIES. § 10. State laws, enacted in the exercise of See Corporations; Partnership. Ry. Co. (Minn.) 819; Gray v. Minneapolis & II. SUBJECTS OF REGULATION. § 33. Merchandise transported between two points within the state, but carried by a carrier's lines through a neighboring state, is interstate commerce.-Hardwick Farmers' Elevator Co. v. Chicago, R. I. & P. Ry. Co. (Minn.) 819; Gray v. Minneapolis & St. L. R. Co. (Minn.) 1100. § 33. A sale of goods through a traveling salesman of an Iowa corporation to a buyer in Wisconsin held interstate commerce, as to which St. 1898, § 1770b, regulating foreign corporations, was inapplicable.-Ady v. Barnett (Wis.) 1061. COMMERCIAL PAPER. See Bills and Notes. COMMISSION. COMPENSATION. For property taken for public use, see Eminent COMPENSATORY DAMAGES. See Damages. COMPETENCY. Of evidence, see Criminal Law, § 393. Of juror, see Jury, § 115. Of witnesses, see Witnesses, §§ 138-195. COMPETITION. Drainage and reclamation commissions, see Combinations to lessen or stifle free competiDrains, $$ 18. 20. tion in trade, see Monopolies, § 17. COMPLAINT. By servant to master as affecting assumption of risk, see Master and Servant, § 220. In civil actions, see Pleading. In criminal prosecutions, see Indictment and Information. Of pain as part of res gestæ, see Evidence, § 127. COMPOSITIONS WITH CREDITORS. See Compromise and Settlement. COMPOUNDING FELONY. Validity of contracts to compound offenses, see Contracts, § 128. COMPROMISE AND SETTLEMENT. See Payment; Release. Attempt to compromise as affecting right to open default judgment, see Judgment, § 143. Of cause of action for causing death, see Death, § 25. Power to compromise claim against estate of decedent, see Executors and Administrators, Admissibility in evidence, see Criminal Law, § 3. §§ 516-531. § 6. Claimant's forbearance to sue on a claim against an estate was a sufficient consideration for an agreement by one in possession of the estate to pay claimant a sum agreed upon in settlement of the claim.-Bull v. Hepworth (Mich.) 569. $ 22. The fact of settlement of a cause of action presents an affirmative defense which must be specifically pleaded.-Mitchell v. Knudtson Land Co. (N. D.) 946. COMPUTATION. CONFIDENTIAL COMMUNICATIONS. Disclosure, see Witnesses, §§ 188, 195. CONFIDENTIAL RELATIONS. See Brokers; Guardian and Ward; Partnership; Principal and Agent; Trusts. Disclosure of communications, see Witnesses, §§ 188, 195. CONFIRMATION. Of period of limitation of civil actions, see Lim- Of tax sale, see Taxation, § 685. itation of Actions, §§ 55, 56. CONCLUSION. Of law on trial by court, see Trial, 8$ 398, 404. Of witness, see Criminal Law, 88 452, 465; Evidence, 88 471, 483. CONCLUSIVENESS. Of certificate of acknowledgment, see Acknowledgment, 55. Of judgment, see Judgment, &$ 702-719. Of judgment in action to foreclose mortgage, see Mortgages, § 497. Of probate and record of will, see Wills, § 427. Of verdicts and findings, see Appeal and Error, 88 989-1012. CONCURRENT JURISDICTION. Of courts in general, see Courts, §§ 487, 489. CONDEMNATION. Of tax title, see Taxation, §§ 805-814. CONFLICTING CLAIMS. Determination of conflicting claims to real property, see Quieting Title. To property levied upon or garnished, see Execution, 182. CONFLICT OF LAWS. Actions for breach of contracts in general, see Contracts, § 325. Conflicting jurisdiction of courts, see Courts, §§ 487, 489. Contracts in general, see Contracts, §§ 2, 101, 144. Contracts of married women, see Husband and Liability for torts, see Torts, § 2. CONFUSION OF GOODS. Taking property for public use, see Eminent II. RIGHTS AND REMEDIES OF PER Domain. CONDITIONAL SALES. See Sales, § 473, 477. CONDITIONS. In contracts and conveyances. Insurance policies, see Insurance, §§ 308-350, 723. Sale, see Sales, §§ 473, 477. SONS INTERESTED. § 11. Where a party had mingled her goods with those of judgment debtors, and all were levied upon as the property of the judgment debtors, upon her refusal to select the goods belonging to her, the officer was justified in retaining and selling all.-McCausey v. Hoek (Mich.) 570. CONGRESS. Power to regulate commerce, see Commerce, § 10. |