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EXECUTION.

Exemption from, see Exemptions.
Levy on, see Levy and Seizure.

EXECUTORS

AND ADMINISTRA

TORS.
Effect of discharge of administrator in
one state upon liability for inherit-
ance tax imposed in another state,
see Judgment, 3.
Attachment of property in hands of
executors, see Levy and Seizure, 1.
Set-off by or against, see Set-Off and
Counterclaim, 1.

Liability for inheritance tax, see Taxes,

6.

Appointment.

Appealability of decree refusing to ap;
point administrator, see Appeal
and Error, 2.
Right of consul to take charge of
ministration of estate, see Diplo-
matic and Consular Officers.

tion of the subject-matter and the parties in an action by an administrator against a coroner, who had sold property of the decedent, and applied the proceeds in payment of funeral expenses, and the surety on his official bond, it should adjudicate and determine the whole matter instead of rendering judgment against the defendants, and then sending the coroner to the county court to file claims against the estate, thereby unnecessarily increasing the expenses of the litigation. Lenderink v. Sawyer, L.R.A. 1915D, 948, 138 N. W. 744, 92 Neb. 587.

6. The statute of limitations or of nonclaim is not involved in an action by a principal administrator to sell real estate in a state other than that of his appointment, and transmit the funds derived there

from for the payment of claims properly proved and allowed in the state of his apad-pointment, although the claims, to pay which the sale is sought, were filed in the ancillary administration in the state where the real estate is situated, but were not allowed by the administrator nor action brought thereon within the time limited, but they were properly filed and allowed in Dow v. Lillie, L.R.A.1915D, 754, 144 N. W. the state of the principal administration. 1082, 26 N. D. 512.

1. The situs of shares of capital stock in a corporation of one state, owned by one who was a resident of another state at the time of his death, is, for the purpose of administration, at the domicil of the decedent,

rather than in the state in which the cor

poration is organized and has its place of
business. Re Miller L.R.A.1915D, 856, 136
Pac. 255, 90 Kan. 819.
(Annotated)
1a. A resident brother of a resident for
eigner is entitled to administer upon his
estate under a statute providing that admin-
istration in case of intestacy must be grant-
ed to the representatives of decedent en-
titled to succeed to his personal property
who will accept same, in the following or-
der: Husband or wife, child, father, mother,
brothers, where those having priority to
him under the statute are nonresidents and
therefore disqualified. Re D'Adamo, L.R.A.
1915D, 373, 106 N. E. 81, 212 N. Y. 214.
Indebtedness; distribution.

Right of coroner sued for property of
deceased to set off funeral expenses,
see Set-Off and Counterclaim, 1.
2. Sections 8225 and 8226 of the North
Dakota Revised Code, which impress the
estate of a decedent with a trust in favor
of creditors, and provide for the transmis-
sion of the residue of the estate to the execu-
tor or administrator in the state or county
of the decedent's domicil, do not relate sole-
ly to cases in which the decedent has left
a will.
Dow v. Lillie, L.R.A.1915D, 754,
144 N. W. 1082, 26 N. D. 512.

3. In allowing or rejecting a claim, an administrator acts merely as an auditor, and his refusal to allow such claim is not res judicata. Dow v. Lillie, L.R.A.1915D, 754, 144 N. W. 1082, 26 N. D. 512.

4. Where there are both a principal and an ancillary administration, creditors may prove their claims in either jurisdiction, and it is not always necessary that they should be proved in both. Dow v. Lillie, L.R.A.1915D, 754, 144 N. W. 1082, 26 N. D. 512.

5. Where a district court has jurisdic

7. An administrator is bound by the act of an executor de son tort in paying lawful funeral expenses, such as the administrator of the estate of the deceased would be bound to pay if they had not thus alL.R.A.1915D, 948, 138 N. W. 744, 92 Neb. ready been paid. Lenderink v. Sawyer, (Annotated) Creditors' rights against land; sale of land for debts.

587.

Appeal from order refusing to grant petition for sale of land, see Appeal and Error, 1, 5.

8. Sec. 8134, Revised Codes of North Dakota 1905, which provides that any local creditor may make an application for the sale of real estate of a decedent, if the administrator neglects to do so, does not cover local creditors merely, to the exclusion of creditors in a foreign jurisdiction. Dow v. Lillie, L.R.A.1915D, 754, 144 N. W. 1082, 26 N. D. 512.

9. Under the Code of North Dakota the sale of real estate of a nonresident decedent located in that state is authorized to pay debts of the estate duly proved in the domiciliary jurisdiction, to the exclusion of the heirs of the decedent in North Dakota. Dow v. Lillie, L.R.A.1915D, 754, 144 N. W. 1082, 26 N. D. 512. (Annotated)

10. Under statutory provisions authorizing the sale of real estate of a nonresident decedent to pay debts approved in the administration of the decedent's estate in a foreign jurisdiction, and the transmission of the proceeds there for distribution, a sale will be ordered where the claim to pay which the sale is asked has been duly proved in the foreign court, which was the domiciliary court of the decedent, and there are not assets in such jurisdiction

sufficient to pay the same, and the peti- | tion asking for the sale of real estate is filed in an ancillary administration had in the state where the real estate is thus situated, in which there is no money or personal property and no debts, and the contestants of the sale are the heirs, who had knowledge of the foreign administration and opportunity to defend against the claims. Dow v. Lillie, L.R.A.1915D, 754, 144 N. W. 1082, 26 N. D. 512.

EXEMPTIONS.

Homestead exemptions, see Homestead.
From taxation, see Taxes, 2.
Duty of debtor whose property is levied
on to select exempt property, see
Levy and Seizure, 2.

1. It is no part of the duty, nor is it the right, of an officer holding an execution, to select and set apart the judgment debtor's exempt property, but such right rests wholly with, and can be exercised only by, the judgment debtor. Parsons v. Evans, L.R.A.1915D, 381, 145 Pac. 1122, Okla. (Annotated) 2. It is the duty of a judgment debtor having more property of a certain class than is exempt by statute, who desires to claim his exemptions out of the whole, to promptly inform the officer holding execution of the particular property selected and claimed as exempt from levy. Parsons v. Evans, L.R.A.1915D, 381, 145 Pac. 1122, · Okla. —.

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FALSE IMPRISONMENT.

Prejudicial error in argument of counsel, see Appeal and Error, 25. Measure of damages for, see Damages, 3, 4.

Review of damages on appeal, see Appeal and Error, 18.

1. A police officer who arrests without warrant a person whom the police officials desired to interview, is answerable in damages for mistreatment of the prisoner by such officials while they are subjecting him to examination in the absence of the officer. Ross v. Kohler, L.R.A.1915D, 621, 174 S. W. 36, Ky. L.R.A.1915D.

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Insufficiency of fence around reservoir, see Negligence, 4.

The owner of a lot used to pasture horses, adjoining another lot used for the same purpose, between which the respective owners maintain wire fences on their own land several feet from the boundary line, for the purpose of preventing the horses in the respective pastures from quarreling, is liable for the resulting injury in case he permits his fence to get out of repair so that his horses enter the intervening line, reach the land of the adjoining owner, and attract to the fence one of his horses, which, in attempting to strike or kick through or over the fence at the visiting horses, becomes entangled in the wire. Houska v. Hrabe, L.R.A.1915D, 1074, 151 N. W. 1021, — S. D.

FERTILIZER.

Warranty on sale of, see Damages, 2;
Evidence, 40; Sale, 2, 3.

FICTITIOUS NAME.

Transaction of business under, see Contracts, 8; Tradename.

FINALITY OF DECISION.

For purpose of appeal, see Appeal and
Error, 1, 2.

FINES.

As punishment for contempt, see Contempt, 7.

FIRE INSURANCE.
See Insurance.

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Excluding from state schools, see Constitutional Law, 1, 10; Injunction, 3; Schools, 1; State Universities.

FRAUD AND DECEIT.

Secret commission by owner of prop-
erty to broker employed by
chaser, see Brokers, 2.

In securing subscription to corporate
stock, see Corporations, 11.
Estoppel by, see Estoppel, 2.
In application for insurance, see In-

surance.

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FUNERAL EXPENSES.

Liability of decedent's estate for, see
Executors and Administrators, 5,

7.
Contract to furnish burial as insurance,
see Insurance, 1.

GAMING.

One with whom bet is made as accomplice of other party, see Evidence, 49.

GARAGE.

Regulating use and construction of, see
Buildings, 1-4; Constitutional
Law, 17; Municipal Corporations,
6, 11.

GARBAGE.

Grant of monopoly in collection of, see Constitutional Law, 3, 8; Municipal Corporations, 10.

GARNISHMENT.

Of bank deposit, see Banks, 1.

Cars of a foreign railroad company engaged in interstate commerce are not subpur-ject to garnishment when in possession of a local company also engaged in interstate commerce, under an agreement by which the local company might transport to destination loaded cars coming into its possession, and employ the cars in its business for a per diem compensation, where it would be practically impossible for the local company to carry on its business independently' of the arrangement. Koontz v. Baltimore & O. R. Co. L.R.A.1915D, 838, 107 N. E. 973, 220 Mass. 285. (Annotated)

Rescission of contract for, see Vendor
and Purchaser.

FRAUDS, STATUTE OF.
See Contracts.

FREEDOM OF WORSHIP.
See Constitutional Law, 19.

FREIGHT CARRIERS.
See Carriers.

FRIGHT.

Evidence in action for injury caused
by, see Evidence, 34, 35.

Of horse, see Highways, 6, 7; Pleading
5; Proximate Cause.

1. The rule disallowing damages for
fright does not apply where physical in-
juries are caused by a fall consequent upon
a faint caused by an explosion due to an-
other's negligence. Conley v. United Drug
Co. L.R.A.1915D, 830, 105 N. E. 975, 218
Mass. 238.
(Annotated)

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2. One who negligently explodes heavy blast in close proximity to and casts débris upon a dwelling occupied by a woman, when he could have foreseen that some injury was likely to happen to the

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GOOD FAITH.

Question for jury as to, see Trial, 3. GOOD WILL.

Of corporation, fraudulent appropriation of, by other company, see Corporations, 19.

GOVERNMENT.

Proximate cause of injury, see Proximate Cause.

3. It is the duty of a municipal corporation to keep its streets in a reasonably safe condition for ordinary travel by the public. Muskogee v. Miller, L.R.A.1915D, 243, 145 Pac. 782, Okla. -.

4. In establishing, caring for, and maintaining streets, highways, and public

Separation of powers of, see Constitu- parks, municipalities act in their governtional Law, 1.

GRAND JURY.

Refusal of witness before, to answer questions, see Contempt, 3, 4.

GREEK LETTER FRATERNITIES. Excluding from public schools, see Constitutional Law, 1, 10; Injunction, 3; Schools, 1; State Universities.

GROCERIES.

Wife's liability for, see Husband and
Wife, 2.

HAND.

mental, and not in their proprietary, capacity. Ackeret V. Minneapolis, L.R.A. 1915D, 1111, 151 N. W. 976, 129 Minn. 190.

5. Cities and villages are liable for injuries resulting from dangerous conditions in their streets; but, with this single exception, municipalities are not liable in damages for negligence in performing their governmental functions, unless such liability has been imposed by statute. Ackeret v. Minneapolis, L.R.A.1915D, 1111, 151 N. W. 976, 129 Minn. 190.

6. Where a person is riding upon a wellbroken horse ordinarily sure of foot, not at an unusual speed, and such animal, without fault on the part of the rider, becomes

Extent of recovery by insured for loss frightened and temporarily unmanageable, of, see Insurance, 24.

HARMLESS ERROR.

See Appeal and Error, 20-26.

HIGHWAYS.

Right of legislature to divert proceeds

of bonds issued by county for construction of highway, see Counties. Municipal regulations as to, see Municipal Corporations, 8, 9.

Obstruction generally.

and, by reason of coming in contact with a defect in a street negligently created or permitted to remain therein by a city, falls and injures such rider, the municipality is liable therefor Muskogee v. Miller, L.R.A. 1915D, 243, 145 Pac. 782, Okla.

(Annotated)

7. The proprietor of a business house who places on the sidewalk in front of his place of business, without confining in a receptacle, at a time when a high wind is blowing, trash and loose sheets of paper, which are easily blown about in such a 1. One who has occasion to pass over manner as to frighten horses, may be liable a highway more frequently than others to a traveler on the street who is injured does not sustain special damage peculiar to through the fright and consequent runaway himself, beyond that of the general public, of his horses, which are reasonably well which would entitle him to relief by in- broken, steady, and roadworthy, and which junction against an obstruction of the high-are frightened by paper blown from the pile. way. Borton v. Mangus, L.R.A.1915D, 142, 145 Pac. 835, 93 Kan. 719. (Annotated) Use and occupation by railroads.

2. The lien for compensation provided by the Constitution for injury to abutting property by the location of a railroad in a street may be enforced against the property in the hands of a successor in title of the corporation which located the road, if it undertakes to operate the same, without making the predecessor a party to the proceeding. Appel v. Chicago, M. & St. P. R. Co. L.R.A.1915D, 397, 148 N. W. 513, S. D. (Annotated)

Liability for injuries on.
Liability for injury by animal on, see
Animals.

Injury to property by blasting in street,
see Blasting.
Liability for injury by electric wires in
highway, see Electricity.
Liability as to parks, see Parks and
Squares.
Demurrer to complaint in action for
injuries caused by fright of horse,
see Pleading, 5.

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1. An attempted conveyance by deed of the homestead of the family by a married man, given without the wife's consent in the manner prescribed by law, is void, and this is true notwithstanding the fact that the husband and wife may be living separate and apart, or even though the wife may have, without justifiable cause, abandoned the husband, under a constitutional provision prohibiting the sale of the homestead of the family where the owner is a married man, without the consent of the wife given in such manner as may be prescribed by law. Whelan v. Adams, L.R.A. 1915D, 551, 145 Pac. 1158, Okla.

(Annotated)

2. The purchaser at a foreclosure sale under a mortgage on a homestead, given by

a husband to his wife to secure the payment of a postnuptial settlement, succeeds to the rights of the wife, and may attack as void a deed of the homestead given by the husband without the wife's consent. Whelan v. Adams, L.R.A.1915D, 551, 145 Pac. 1158, Okla. -.

3. Section 883, Wilson's Rev. & Anno. Stat. of Oklahoma, 1903, providing that an instrument executed by the husband or wife, relating to the homestead, without being joined by the other, could be avoided only by the one not joining, is repugnant to § 2, art. 12, Oklahoma Constitution, providing that the homestead of the family shall not be sold by the owner if married without the consent of his or her spouse given in such may be prescribed by law. Whelan v. Adams, L.R.A.1915D, 551, 145

manner as

Pac. 1158, Okla.

4. Section 882, Wilson's Rev. & Anno. Stat. of Oklahoma, 1903, providing that

where the title to the homestead is in the

husband, and the wife voluntarily abandons him for the period of one year, or for any cause takes up her residence outside of the state, he may convey, mortgage, or make any contract relating thereto without being joined therein by her, is unconstitutional under a Constitution providing that the homestead of the family shall not be sold by the owner if married without the consent of his or her spouse given in such manner as may be prescribed by law. Whelan v. Adams, L.R.A.1915D, 551, 145 Pac. 1158, Okla.

Evidence in action from death of patient resulting from negligence, see Evidence, 30.

Liability of physician for negligence of nurse, see Physicians and Sur

geons.

Negligence as question for jury, see
Trial, 5.

gain is liable to a patient for the negli
1. A hospital conducted for private
gence of nurses while acting within the
scope of their employment. Broz v. Omaha
Maternity & G. H. Asso. L.R.A.1915D, 334,
148 N. W. 575, 96 Neb. 648. (Annotated)

hospital conducted for private gain, under
2. A patient is generally admitted to a
an implied obligation that he shall receive
such reasonable care and attention for his
safety as his mental and physical condition,
ternity & G. H. Asso. L.R.A.1915D, 334, 148
if known, may require. Broz v. Omaha Ma-
N. W. 575, 96 Neb. 648.

ducted without stock or profit, in which
3. A paying patient in a hospital con-
indigent patients are treated without cost,
and the fees exacted from patients who can
pay are used in promoting the work may
through the negligence of an attending
damages for injury done him
L.R.A.1915D, 1167, 68 So. 4,
Tucker v. Mobile Infirmary Asso.
Ala. -.

recover

nurse.

HOTELS.

-

Forbidding location near, of garage storing inflammable substances, see Municipal Corporations, 11.

See Master and Servant.

5. A wife who has abandoned her husband, with whom she has effected a settle-HOURS OF LABOR. ment purporting to be in full of property rights, which settlement she sought to and did enforce in a subsequent judicial proceeding, is not entitled to a judgment for rents and profits against the occupant of the homestead, to whom the husband alone conveyed. Whelan v. Adams, L.R.A.1915D, 551, 145 Pac. 1158, Okla.

HOMICIDE.

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Admissibility of dying declarations, see
Evidence, 31.

Indictment for, see Indictment, etc., 1.

A physician, or a person acting in that capacity, will be held guilty of "culpable negligence" within the meaning of Minnesota Gen. Stat. 1913, § 8612, subd. 3, defining manslaughter in the second degree as homicide committed without design to effect death, "by any act, procurement, or culpable negligence" not constituting a higher crime, where he has exhibited gross incompetency or inattention, or wanton indifference to his patient's safety. State v. Lester, L.R.A.1915D, 201, 149 N. W. 297,

127 Minn. 282.

HORSES.

(Annotated)

HOUSE OF REPRESENTATIVES.
See Legislature.

HUSBAND AND WIFE.

As to adultery, see Adultery.

Joint deposit of husband and wife, see
Banks, 2.

As to breach of promise, see Breach
of Promise.

As to divorce or separation, see Divorce and Separation.

Admissibility of statements between, see Evidence, 28.

Rights in homestead, see Homestead. Wife of one of two persons indicted for burglary as competent witness in behalf of the other, see Witnesses, 1.

Husband's liabilities.

1. A man is not, under statutes giving his wife the right to manage her separate property, liable for torts committed in the management of her statutory separate estate, such as injuries to a tenant by the operation of an elevator in her apartment

Fright of, see Highways, 6, 7; Plead- house, where he was not present, and did ing, 5; Proximate Cause.

HOSPITAL.

Liability for retaining patient against her will, see False Imprisonment, 2.

not direct or otherwise participate in the management, although his express statutory exemption extends only to liability for debts and liabilities contracted by the wife before marriage. Boutell v. Shellaberger,

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