superior to that of the mortgagor. Hence the pendency of an action
by the mortgagee against a third person in respect to the property is
a good plea in abatement to an action by the mortgagor, and a judg-
ment in an action by the mortgagee is a good plea in bar of an action
by the mortgagor. (S. C.) Wilkes v. Southern Ry., 890.
8. CHATTEL MORTGAGE-Actions by Mortgagor or Mortgagee.
After condition broken, a chattel mortgagee may bring an action him-
self against a third person in respect to the property, or the mortgagor
may bring it by the consent, express or implied, of the mortgagee, or
against his consent after demand and his refusal to bring it. (S. C.)
Wilkes v. Southern Ry., 890.
9. MORTGAGE OF CROPS-Sufficiency of Description.-A mort-
gage containing a description of the property mortgaged in the fol-
lowing language: "Our crop planted this year, and on which said
fertilizer is used," is not void for uncertainty in the description of
the property upon which a lien is created. (Ga.) Duke v. Neisler, 250.
10. MORTGAGE OF CHATTELS-Enforcement Against Property
of Husband.-Where a mortgage fi. fa., issued upon the foreclosure
of a chattel mortgage, is being enforced by a levy upon property of
a husband, as appears from statements in the affidavits of illegality
filed by the husband and by the wife, the question as to whether the
wife signed the mortgage note as principal or as surety is not ma-
terial, inasmuch as the mortgage, if valid in other respects, is being
enforced solely against the property of the husband. (Ga.) Duke v.
Neisler, 250.
Chattel Mortgage, acknowledgment of, as between the parties, 476.
acknowledgment of, generally, 476, 477.
actions by mortgagor after condition broken, for claim and de-
livery, 902, 903.
actions by mortgagor after condition broken, for detinue, 903.
actions by mortgagor after condition broken, for replevin, 902,
903.
broken, right to bring is
actions by mortgagor after condition broken, right to bring is
founded on legal title, 893, 894.
actions by mortgagor after condition
founded on ownership, 893, 894.
actions by mortgagor after condition
founded on possession, 893, 894.
actions by mortgagor after condition broken, trespass and case,
903.
broken, right to bring is
actions by mortgagor after condition broken, trover, 899-901.
actions not maintainable by both parties to, 898.
affidavit accompanying, contents of, 479.
affidavit accompanying, defects in, illustrations of, 481, 482, 483.
affidavit accompanying, defects in, effect of, 484, 485.
affidavit accompanying, jurat, necessity for, 486.
affidavit accompanying, particulars, mode of stating, 484, 485.
affidavit accompanying, reference to mortgage, mode of, 484.
affidavit accompanying, signature and seal of notary, 485, 486.
affidavit accompanying, signature, omission of, 479, 480.
affidavit accompanying, subscription of officer taking, 485, 486.
affidavit accompanying, sufficiency of, 481.
affidavit accompanying, surplusage in, 485.
affidavit accompanying, swearing, necessity for, 485.
affidavit accompanying, who should make, 485.
"affidavit," definition of, 478, 480.
Chattel Mortgage, attestation by mark, 474.
attestation by mark of signature by mark, 474
attestation, modes of, 475, 476.
claim and delivery, action for by mortgagor is governed by same
rules as trover, 902.
claim and delivery, action for by mortgagor is sustainable on
actual possession, 902.
claim and delivery, action for by mortgagor is not sustainable
without title or possession, 903.
copy of, delivery of, 486.
copy of, receipt for, 486.
definition of, 472.
detinue, action for by mortgagor, when sustainable, 903.
filing or recording of, as against third parties, 491.
filing or recording of, as between mortgagee and representatives
of insolvent mortgagor, 489, 490.
filing or recording of, as between mortgagee and representatives
of deceased mortgagor, 490.
filing or recording of, as between the parties, 489.
filing or recording of, by whom must be done, 493.
filing or recording of, law governing, 486, 487, 488.
filing or recording of, mode of, 493.
filing or recording of, place for, 492.
filing or recording of, time for, 492.
legal title to property included in, 893, 894.
lien to secure debt, considered as, 897.
mortgagee's right of action after condition broken is superior to
mortgagor's, 898.
mortgagor's right of action, according to modern decisions, 895,
896.
mortgagor's right of action, according to older decisions, 894, 895.
mortgagor's right of action is based on possession, 895.
mortgagor's right of action is inferior to mortgagee's, 898.
mortgagor's right of redemption, how affects, 896, 897.
mortgagor's rights as bailee, 898.
mortgagor's rights, how affected by statute, 897.
mortgagor's right up to time of foreclosure and sale, 897.
mortgagor is trustee for mortgagee after breach of condition, 900.
place for filing or recording, 492.
regarded as lien to secure debt, 897.
replevin, action for by mortgagor after condition broken is gov-
erned by same rules as trover, 902.
replevin, action for by mortgagor after condition broken is sus-
tainable on actual possession, 902.
replevin, action for by mortgagor after condition broken is not
sustainable without title or possession, 903.
revenue stamps, affixing, 478.
rights of mortgagor after condition broken, 898.
seal, no necessity for, 475.
signature of by mark, 474.
signature of, what necessary to, 474.
"subscribed," definition of, 474.
technicalities in, 471, 472, 494.
"third parties," who are, 491.
time for filing or recording, 492.
trespass and case, action for by mortgagor after condition broken
after "law-day" of mortgage has passed, 903.
trespass and case, action for by mortgagor after condition broken
against officer wrongly seizing chattels, 903.
trespass and case, action for by mortgagor after condition broken
for injury to the property, 903.
Chattel Mortgage, trover, action for by mortgagor after condition
broken against purchaser at illegal foreclosure sale, 901.
trover, action for by mortgagor after condition broken against
the mortgagee under special circumstances, 902.
trover, action for by mortgagor after condition broken and be-
fore foreclosure and sale, 899, 900.
trover, action for by mortgagor after condition broken and while
mortgagor in possession, 900.
trover, action for by mortgagor after condition broken lies wher-
ever trespass can be brought, 900.
trover, action for by mortgagor after condition broken lies against
all save mortgagee, 901.
trover, action for by mortgagor after condition broken, posses-
sion sufficient to maintain, 901.
trover, action for is not maintainable by assignee of mortgagor
out of and not entitled to possession, 902.
See Banks and Banking; Lost Instruments.
CIVIL DEATH.
See Convicts.
CLOUD ON TITLE.
See Quieting Title.
COMITY.-How Far Foreign Laws Should be Enforced under
the doctrine of comity depends upon whether any wrong or injury
will be done to citizens of the domestic state, whether the policies
of its laws will be contravened or impaired, or whether the courts
can do complete justice to those affected by the decree. (Ill.) Ed-
wards v. Schillinger, 308.
1. INTERSTATE COMMERCE-Authority of States and of Con-
gress. The authority of Congress to regulate interstate commerce is
exclusive, and no state, except in the exercise of the police power
for the security of the lives, health and comfort of persons and the
protection of property, can make any law or regulation which will
affect the free and unrestrained intercourse and trade between the
states as Congress has left it, or which will impose any discriminating
burden or tax upon the citizens or products of other states coming or
brought within its jurisdiction. (Ill.) Lehigh Portland Cement Co.
v. McLean, 322.
2. INTERSTATE COMMERCE Corporations.-The Right of Free
and unrestrained intercourse between the states is not confined to
natural persons, but extends to corporations. (Ill.) Lehigh Portland
Cement Co. v. McLean, 322.
3. CONSTITUTIONAL LAW-Interstate Commerce - Police
Power. The regulation of commerce among the states is within the
exclusive jurisdiction of Congress, but a state statute, enacted in
the exercise of its police power, not regulating or directly affecting
interstate commerce or in conflict with federal regulations, but merely
regulative of the instrumentalities of commerce, is not void. And
when such state regulations do conflict with federal regulations, they
are not void on the ground that the state has exercised a power exclu-
sively in Congress, but because the constitution and the laws of the
United States made in pursuance thereof are the supreme law of the
land. (Ohio St.) Detroit etc. Ry. Co. v. State, 758.
See Corporations, 32, 33; Railroads, 2, 3.
COMMISSION FORM OF GOVERNMENT.
See Constitutional Law, 9-11.
COMPROMISE.
See Attorney and Client, 5-7.
CONFESSIONS.
See Criminal Law, 4.
See Carriers, 34, 35; Insurance, 2; Telegraph and Telephones, 7, 8,
31, 32.
1. CONSTITUTIONAL LAW.-There is No Public Policy which
prohibits the legislature from doing anything which the constitution
does not prohibit. (Ky.) Flowers v. Logan County, 347.
2. CONSTITUTIONAL LAW.-Upon Questions of Due Process the
decisions of the supreme court of the United States are conclusive.
(Ala.) Hudson v. Wright, 55.
3. CONSTITUTIONAL QUESTION—When will not be Decided.—
Generally a court will not pass upon a constitutional question and
decide a statute to be invalid, unless a decision upon that very point
becomes necessary to the determination of the cause. (S. C.) Ross
v. Lipscomb, 794.
CONSTITUTIONAL LAW-Who cannot Question Statute.-A
party invoking the provisions of a statute is not in a position to raise
the question of its constitutionality. (S. C.) Ross v. Lipscomb, 794.
5. CONSTITUTIONAL QUESTION—Waiver by Delay in Raising.
The right of a defendant to raise a constitutional or federal ques-
tion is waived if, his motion to quash the return of service being
overruled, he makes no attempt to exercise his right until the next
term and after judgment by default has been taken. (Mo.) Kahn
v. Mercantile Town Mut. Ins. Co., 665.
6. CONSTITUTIONAL LAW.-A Statute is Retrospective in its
legal sense which creates a new obligation on transactions or con-
siderations already past, or destroys or impairs vested rights. A
statute does not operate retrospectively because it relates to ante-
cedent facts, but if it is intended to affect transactions which occurred
or rights which accrued before it became operative as such, and
ascribe to them essentially different effects, in view of the law at
the time of their occurrence, it is retroactive in character. (Ga.)
Ross v. Lettice, 281.
7. CONSTITUTIONAL LAW-Retrospective Statute.-A statute
which creates a liability against a county for services rendered by
an attorney, when no such liability existed at the time they were
rendered, is retrospective and opposed to the constitution. (Ga.)
Ross v. Lettice, 281.
8. CONSTITUTIONAL LAW-Retrospective Statute.-An act of
the General Assembly which creates a new obligation and imposes a
new duty in respect to transactions or considerations already past
is retroactive in character, and in violation of article 1, section 3,
paragraph 2, of the constitution (Civil Code, section 5730), which
forbids the General Assembly to pass a retroactive law. (Ga.) Ross
v. Lettice, 281.
Municipal Plans Commission.
9. CONSTITUTIONAL LAW-Municipal Plans Commission.-An
amendment to a city charter providing for a "municipal plans com-
mission" does not violate the constitutional guaranty of local self-
government, in that the members of some of the organizations
permitted to nominate the commissioners are nonresidents, the com-
missioners themselves being residents of the city, holding by appoint-
ment, not by election, having no legislative powers delegated to
them, and constituting an advisory body only, whose proposed plans
are subject to final vote by the people. (Wash.) Bussell v. Gill,
1070.
10. CONSTITUTIONAL LAW-Municipal Plans Commission.-An
amendment to a city charter providing for a "municipal plans com-
mission," the commissioners themselves being residents of the city,
but being nominated by organizations some of whose members are
nonresidents, is not invalid because it confers authority upon the
commissioners to approve vouchers for all expenditures incurred,
and requires the controller to issue warrants upon the city treasury
for the amount of such vouchers to be paid out of the municipal
plans commission fund. (Wash.) Bussell v. Gill, 1070.
11. CONSTITUTIONAL LAW-Municipal Plans Commission.-An
amendment to a city charter providing for a municipal plans com-
mission, the members of which are to be appointed by fourteen
enumerated organizations, does not offend the constitutional pro-
vision that no law shall grant special privileges to any citizen or
class of citizens. (Wash.) Bussell v. Gill, 1070.
See Commerce; Criminal Law, 1; Disorderly House, 6; Food; Jury;
Railroads, 2, 3; Statutes; Taxation, 2-7; Vagrancy.
See Executors and Administrators.
1. CONTEMPT-Newspaper Publication Scandalizing Court.-It is
a contempt at common law to scandalize a court of record by a news-
paper publication in respect of its decision in a case no longer pend-
ing. (Vt.) State v. Hildreth, 1022.
2. CONTEMPT - Statute Changing Common Law.-A statutory
provision that a person who defames a court of justice, or a sentence
or proceeding thereof, or defames the magistrate, judge, or justice of
such court as to an act or sentence therein passed, shall be fined not
more than so much, does not change the common law of the subject.
(Vt.) State v. Hildreth, 1022.
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1. MARRIAGE-How Far a Valuable Consideration.-While mar-
riage is a valuable consideration, it is such in ways differentiated
from that valuable consideration which will support a contract, in
that ordinarily the word "valuable" signifies that the consideration so
described is pecuniary or convertible into money. (Ala.) Nelson v.
Brown, 61.
2. CONTRACT.-Upon the Death of One of Several Joint Con-
tractors before complete performance, ordinarily the survivors are
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