their authorized agent in such name of "Benton Line" to carry goods in place of one of such boats. It seems that by operating such boats jointly in such a manner for two seasons the owners would have rendered themselves liable as partners or joint traders even though they had not been such in fact.
5. Same; Death of Partner; Substitution of Administrator.
One of three defendants having died pendente lite, and his administrator having been substituted, and having voluntarily appeared and defended the action, and no objection having been raised by any of the defendants to such a course until after trial and verdict, held, this court would not on appeal of surviving defendants reverse judgment against all the defendants when the portion thereof relating to the administrator provides that the judgment against him shall be paid only in due course of administration.
6. Courts of State Successors of Territorial Courts.
The district court of the state of North Dakota is the successor of the territorial district court, and has jurisdiction to render judgment in actions pending in such territorial court at the time of the admission of the state into the federal Union, although the verdict was rendered before such admission.
7. Appeal—Appellant Cannot Question Ruling Not Affecting His Rights.
Defendants cannot raise the point that a judgment against them should have been in favor of the plaintiff alone, and not in favor of the plaintiff and intervenors. This is a matter exclusively between the plaintiff and the intervenors.
(Opinion Filed January 15, 1891.)
APPEAL from district court, Burleigh county; Hon. W. H. Winchester, Judge.
This action was tried in the territorial district court before Hon. Roderick Rose and a jury. After verdict, but before judgment, North Dakota was admited into the Union.
Francis & Barnes for appellants: The steamer Eclipse having been lost before the beginning of this action plaintiff's agency for her owners had terminated, and he could not maintain this action. Ins. Co. v. Ruggles, 12 Wheaton, 498. The Eclipse was a general ship—carried other goods than those here involved. In an action for freight of goods carried in a general ship all the owners must join. Abbott on Shipping, 7th Am. Ed., p. 115; Abbott’s Law of Merchant Ships,
