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that this ruling will render the application in practice of the provision of the state constitution making the rolling stock of foreign corporations, or even of railroad companies created by the state, very narrow; but if so, it is the result of the force, the paramount force, of the federal constitution.

For these reasons we reverse the decree of the circuit court, and dismiss the plaintiff's suit.

Property in the Hands of a Carrier received for transit to a place outside the state is not subject to garnishment: Baldwin v. Great Northern Ry. Co., 81 Minn. 247, 83 Am. St. Rep. 370, 83 N. W. 986. But it is held in Landa v. Holek, 129 Mo. 663, 50 Am. St. Rep. 459, 31 S. W. 900, that a statute permitting the garnishment of carriers is not a regulation of interstate commerce.

Am. St. Rep., Vol. 94-61

THE NOTES.

INDEX TO THE

Animals, bailment of, to be returned with their increase, 216.
bailment of, when amounts to their sale, 216.

Assignments, defined, 229, 230.

for the benefit of creditors, difference between, and assignments
in payment of claims, 230.

for the benefit of creditors, preferences may be created by, 230.

Bailment, definitions of, 215, 216.

differences between, and a sale, 216.

millers, delivery of grain to, to be ground into flour, 221.
must require the return of the thing delivered, 216, 218.

of animals, to be returned with their increase, 216.

of articles, to be changed by manufacture into other articles,
217, 218.

of leather, to be made into shoes, 217.

of milk, to be converted into butter or cheese, 217.

of sheep, on the shares, 216.

of timber, to be sawed into boards, 217.

sale, void contract of, cannot be converted into, 220.

warehouse, deposit of grain in, 220.

with privilege or option to purchase is not a conditional sale,
226.

Bankruptcy, contingent debts which are provable and may be dis-
charged in, 630.

contracts for the support of wife and children, when not dis-
charged by, 625-631.

discharge in, does not affect contract to support wife, 625.

foreign courts, effect of discharges granted by, in, 555-557.

foreign, assignments made under, 555, 556.

foreign, discharge under, effect of, 556, 557.

foreign, effect of proceedings in, 555.

uncertainty which prevents demands being provable or discharg-
able in, 626.

Banks and Banking, forged indorsement of check or draft, bona fide
holders, whether may retain moneys received under, 647, 648.

Banks and Banking, forged indorsement of check or draft, estoppel

to deny genuineness of, 645.

forged indorsement of check or draft, liability of drawee mak.
ing payments upon, 643.

forged indorsement of check or draft, negligence in paying does
not give right to retain moneys paid, 642.

forged indorsement of check or draft, notice, when must be
given on discovering that money has been paid on, 644, 645.
forged indorsement of check or draft, recovery of money paid
on can be sustained only when the bank paying suffers loss,
644.

forged indorsement of check or draft, recovery of moneys paid
on, conditions precedent to, 645, 646.

forged indorsement of check or draft, recovery of one bank from
another of moneys paid on, 649.

forged indorsement of check or draft, right of drawer against
one receiving payment under, 644.

forged indorsement of check or draft, right of one innocent in-
dorsee against another, 644.

forged indorsement of check or draft, right of payee against
one receiving payment under, 645.

forged indorsement of check or draft, right to retain moneys
received upon, 644.

forged or altered check or draft, liability of payee receiving
money under, 645.

indorsement of check or draft by bank, warranties implied by,

647.

indorsement of check or draft, warranties implied by, 642, 643.
signature of drawee or indorsee, a bank is not presumed to
know, 642.

Bonds, lost, actions, when sustainable thereon, 468.

Boundaries, declarations of deceased persons, as evidence of, 677-679.

Common Carriers, payment to, when regarded as involuntary, and
therefore recoverable, 420, 421.

Compromise, of doubtful claim, moneys paid under cannot be re-
covered, 424.

Constitutional Law, due process of law, what is in proceedings, to
assess property for taxation, 621, 622.

interstate commerce, license laws, when void as interfering with,
488.

Corporations, conveyances made to in anticipation of formation of,

597.

de facto cannot exist where a corporation de jure is impossible,

597.

foreign, effect of foreign judgments against, 538.

inchoate or imperfect, conveyances to, effect of, 597.

Corporations, inchoate or imperfect, estoppel to deny corporate ex-
istence of, 596.

inchoate or imperfect, personal liability of members of does not
exist where there is a corporation de facto, 594, 595.
inchoate or imperfect, personal liability of members of, where
a corporation de facto does not exist, 595, 596.

inchoate or imperfect, principles which should control proceed-
ings against members of, 594.

Criminal Trials, compelling the accused to cover or uncover his face
or head, 339.

compelling the accused to exhibit marks on his person, 340.
compelling the accused to give a specimen of his handwriting,
344, 345.

compelling the accused to make footprints, 343.

compelling the accused to try on a shoe, 344.

compelling the accused to utter certain words, or to show the
sound of his voice, 341.

footprints, evidence that the accused refused to make is not
admissible, 343.

footprints of the accused, evidence of, when admissible, 342,
343.

physical examination of the accused against his will, evidence
of marks discovered by is not admissible, 339, 340.
Custom or Usage, cannot affect the meaning of an unambiguous con-
tract, 225.

interpretation of contract by aid of, 225.

presumption that business was conducted in accordance with,

225.

Damages recoverable against party repudiating or countermanding
a sale, 121, 122.

Deceased Persons. See Evidence.

Declarations of Deceased Persons. See Evidence.

Deeds, lost, effect of, 470.

lost, relief in equity based upon, 470.

Definition, of conditional sales, 210.

of duress, 412.

of foreign judgment, 533.

of sales, 209.

Divorce, foreign decrees of, conclusiveness of, 553, 554.

foreign, dissolving marriage contracted in another country, 555.
foreign, in favor of wife whose husband retains his domicile in
this country, 555.

foreign, when neither party is domiciled within the nation, 554,

555.

foreign, where both parties were domiciled within the nation, 554,

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