EXECUTION. Exemption from, see Exemptions. EXECUTORS AND ADMINISTRA TORS. Liability for inheritance tax, see Taxes, 6. Appointment. Appealability of decree refusing to ap; point administrator, see Appeal and Error, 2. 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 ap Right of consul to take charge of ad-pointment, although the claims, to pay ministration of estate, see Diplomatic and Consular Officers. 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 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. 7. An administrator is bound by the act of an executor de son tort in paying lawful funeral expenses, such as the admin istrator of the estate of the deceased would 587. (Annotated) Creditors' rights against land; sale of land for debts. Appeal from order refusing to grant petition for sale of land, see Appeal and Error, 1, 5. 1a. A resident brother of a resident for eigner is entitled to administer upon his be bound to pay if they had not thus alestate under a statute providing that administration in case of intestacy must be grant-L.R.A.1915D, 948, 138 N. W. 744, 92 Neb. ready been paid. Lenderink v. Sawyer, ed to the representatives of decedent entitled to succeed to his personal property who will accept same, in the following order: 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 transmission 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 solely 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 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 dece. dent 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 2. A patient of full age who is detained in a hospital against her will, denied communication with her friends, and subjected to compulsory physical treatment when she might have been released without danger to herself, is entitled to damages as for false imprisonment, although the hospital author sufficient to pay the same, and the petition 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 administra-ities acted in good faith and the patient tion 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. 1. It is no part of the duty, nor is it FALSE IMPRISONMENT. Prejudicial error in argument of coun- Review of damages on appeal, see Ap- 1. A police officer who arrests without contracted to be subject to the rules, which FEDERAL EMPLOYER'S LIABILITY ACT. FENCES. 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 the wire. horses, becomes entangled in Houska v. Hrabe, L.R.A.1915D, 1074, 151 - S. D. N. W. 1021, FERTILIZER. Warranty on sale of, see Damages, 2; FICTITIOUS NAME. Transaction of business under, see Contracts, 8; Tradename. Excluding from state schools, see Con- -. FUNERAL EXPENSES. Liability of decedent's estate for, see 7. GAMING. One with whom bet is made as accomplice of other party, see Evidence, 49. GARAGE. Regulating use and construction of, see 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 subject 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. 1. The rule disallowing damages for fright does not apply where physical injuries are caused by a fall consequent upon a faint caused by an explosion due to another's negligence. Conley v. United Drug Co. L.R.A.1915D, 830, 105 N. E. 975, 218 Mass. 238. (Annotated) GIFT. 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 a Of corporate stock, necessity of transfer on books, see Corporations, 12. GOOD CHARACTER. Presumption as to, see Evidence, 6. 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 HAND. mental, and not in their proprietary, capacity. Ackeret V. Minneapolis, L.R.A. 1915Ď, 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. 1. One who has occasion to pass over a highway more frequently than others does not sustain special damage peculiar to himself, beyond that of the general public, which would entitle him to relief by injunction against an obstruction of the highway. 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 Injury to property by blasting in street, Demurrer to complaint in action for 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 manner as to frighten horses, may be liable to a traveler on the street who is injured through the fright and consequent runaway of his horses, which are reasonably well broken, steady, and roadworthy, and which are frightened by paper blown from the pile. Bowen v. Smith-Hall Grocery Co. L.R.A. 1915D, 617, 82 S. E. 23, 141 Ga. 721. HOLOGRAPHIC WILLS. HOMESTEAD. (Annotated) 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 manner as may be prescribed by law. Whelan v. Adams, L.R.A.1915D, 551, 145 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 gain is liable to a patient for the negli- 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, if known, may require. Broz v. Omaha Ma4. Section 882, Wilson's Rev. & Anno. ternity & G. H. Asso. L.R.A.1915D, 334, 148 Stat. of Oklahoma, 1903, providing that. W. 575, 96 Neb. 648. Pac. 1158, Okla. 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. 5. A wife who has abandoned her hus-f band, with whom she has effected a settlement 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. Admissibility of dying declarations, see 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 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, (Annotated) 127 Minn. 282. HORSES. a ducted without stock or profit, in which recover nurse. HOTELS. Forbidding location near, of garage storing inflammable substances, see Municipal Corporations, 11. HOURS OF LABOR. See Master and Servant. HOUSE OF REPRESENTATIVES. HUSBAND AND WIFE. As to adultery, see Adultery. Joint deposit of husband and wife, see As to breach of promise, see Breach 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, |