Johnson v. Railroad Co., 105 id. 539; Bantz v. Frantz, id. 160; Wing v. Anthony, 106 id. 142. (3) Where the original claim was for a hollow soldering iron with a handle and beveled rim, in combination with a rod to hold the cap firm, and the specifications showed that the hollow iron was intended to fit upon a cap of any shape, held, that a claim in the reissue for "a tool consisting of a soldering-iron revolving about a central pivotal rod" was broader than the original, and void. (4) Where a patent has been declared on the oath of a patentee to be invalid and inoperative, been surrendered and canceled, and reissued letters patent granted in its place, it is not competent for the patentee or his assignees, by merely disclaiming all the changes made in the reissued patent, to revive and restore the original patent. This could be done only, if it could be done at all, by surrender of the reissued patent and the grant of another reissue. McMurray v. Mallory. Opinion by Woods, J. [Decided March 24, 1884.] UNITED STATES CIRCUIT AND DISTRICT COURT ABSTRACT.* PATENT-SUSPENDING INJUNCTION-PUBLIC INTEREST. After a final decree establishing an exclusive right to the use of a patent and awarding an injunction to protect it, the injunction will not be suspended while the decree stands unreversed, unless some extraordinary cause outside of the interests of the parties is shown. Public necessity may bo a cause for such suspension; but the defendant, after insisting that the invention is of no use and benefit, and thus defeating the orator's claim for substantial damages on account of infringement will not be heard to allege that it is of such public importance as to warrant a court in suspending the injunction. Potter v. Mack, 3 Fish. Pat. Cas. 428; Brown v. Deere, 6 Fed. Rep. 487. Cir. Ct., S. D. N. Y., 1884. Munson v. Mayor, etc., of New York. Opinion by Wheeler, J. WHARVES--RIGHT TO MOOR VESSELS-COLLISIONDAMAGES. (1) The right of mooring vessels at public wharves is as much to be protected as that of navigation itself, but it is to be exercised with due regard to the rights of passing vessels, and any unnecessary encroachment upon the channel-way which greatly imperils passing craft is without justification. (2) A steamboat lying at a wharf-boat at the public landing of Pittsburgh threw her stern out in the way of a descending coal-tow, when she might have lain broadside to the wharfboat, and thus afforded a sufficient passage-way for the towboat and tow. A collision occurring, held, that the steamboat was answerable to the owner of a coalboat thereby lost. (3) In case of a collision between a descending coal-tow and a vessel wrongfully obstructing the channel-way, the previous fault of another vessel, in striking and throwing out of shape the coal-tow, is not to be imputed to the towboat if the latter were free from blame. (4) An innocent party who sustains loss by reason of the concurrent negligence of two vessels may pursue and recover the entire damages from either wrong-doer. The Atlas, 93 U. S. 302; The Franconia, 16 Fed. Rep. 149. Dist. Ct., W. D. Penn. Jan. 23, 1884. The St. Lawrence. Opinion by Acheson, J. SHIPPING AND ADMIRALTY-DISCHARGE OF SEAMEN -RECOVERY OF WAGES - REMEDIES.—(1) In consequence of a disagreement between the master of a vessel and his seamen about the amount of wages due them, the mariners were ordered to go to work or go on shore. They agreed to go on shore if he would give *Appearing in 19 Federal Reporter. them orders for their wages, stating that they would regard themselves in that case as discharged. The master gave them the orders, and the saiiors left the vessel. Held, that they were discharged, and were not to be looked ou as deserters. Grauon v. Hartshorne, Blatchf. & H. 458; The David Faust, 1 Ben. 187. (2) Upon the wrongful discharge of a workman engaged under an entire contract, he is entitled to recover his wages during actual service. (3) The remedy afforded seamen by sections 4546 and 4547 of the Revised Statutes is not exclusive, and the usual process in rem against the vessel is still open to them. Murray v. Ferryboat, 2 Fed. Rep. 88; The William Jarvis, Spr. Dec. 485; The M. W. Wright, 1 Brown, Adm. 290; The Waverly, 7 Biss. 465. Dist. Ct., D. N. J. Feb. 2, 1884. The Frank C. Burker. Opinion by Nixon, J. TEXAS SUPREME COURT ABSTRACT. DAMAGES-RAILROAD ON PUBLIC STREET-SPECIAL INJURY.-(1) In a suit for damage to property by a railroad running along a public street, near such property, evidence going to show damage from smoke, cinders, unusual noises from the ringing of bells, blowing of whistles, etc., is admissible. Sutherland on Damages, pp. 436-7; Wilmington, etc., R. Co. v. Stauffer, 60 Penn. St. 374. (2) Where the continued presence and operation and operation and operation of such road along the street inflicts such special injury to the property of the abutting owner as to practically deprive him of the ordinary use and enjoyment of it, that such special injury is of such a nature that an action for damage will lie. Ashley v. Port Huron, 35 Mich. 296; Pumpelly v. Green Bay R. Co., 13 Wall. 166. Hooker v. New Haven, etc., R. Co., 14 Conn. 146; Grand Rapids Boom Co. v. Jarvis, 30 Mich. 308; Armond v. Green Bay R. Co., 31 Wis. 316. In order to give the party injured a right of action the street need not be entirely destroyed or wholly or exclusively used by the appellant. Where, as the result of the occupation of it by the railroad company, the use of the street by the adjoining owner is very greatly impaired and the injury in this respect one special in its nature, and not one common to the community at large, an action to recover damages will lie. G. C. & S. Fe R. Co. v. Eddins. Opinion by West, J. [Decided Jan. 29, 1884.] APPLICATION - NO CHANGE WITHOUT PAYMENT DEBTOR'S CONSENT.-The debtor may designate to what particular debt a payment shall be applied where he owes more than one distinct separate debt to the creditor. Such designation precludes the creditor from otherwise appropriating it. Proctor v. Marshall, 18 Tex. 66; Taylor v. Coleman, 20 id. 776. If a creditor receive money, with directions to appropriate it on a named debt, it must go to the specified debt, no matter what the creditor may say at the time; and au appropriation once desiguated cannot be changed by the creditor without the debtor's consent. Whart. Cont. 923; Levystein v. Whitman 59 Ala. 345; Reed v. Boardman, 20 Pick. 443; Benj. Sales, 746. Eyler v. Read. Opinion by Stayton, J. [See 1 Am. Rep. 109; 16 Eng. R. 273.--ED.] [Decided Nov., 1883.] JUDGMENT-NUNC PRO TUNC-FOR COSTS NOT FINAL. -(1) Judgments nunc pro tunc are never permitted to affect the rights of such persons as have acquired rights between the time a judgment is really rendered and the time at which the judgment is entered upon the minutes, now or then, such persons having no notice of the judgment. Freem. Judg., 66; Jordan Petty, 5 Fla. 326; McCormick v. Wheeler, 36 Ill. 114; Graham v. Lynn, 4 B. Mon. 18: Acklen v. Acklen, 45 Ala. 609; Ligon v. Rogers, 12 Ga. 281; Perdue v. Bradshaw, 18 id. 287. It is well settled that no judgment other than a final judgment can give a lien. Freem. on Judg. 340, and citations. The statute expressly restricts such effect to final judgments. Acts of 1866, p. 118. (2) A judgment for costs, which does not dispose of the subject-matter of the suit, has been often held by this court not to be a final judgment. Warren v. Sherman, 25 Tex. 319; Martin v. Wade, 22 id. 224; Fitzgerald v. Fitzgerald, 24 id. 416. Eastham v. Ralston. Opinion by Stayton, J. [Decided Jan. 15, 1884.] FINANCIAL LAW. PROMISSORY NOTE-BONA FIDE HOLDER-WHO NOT. -Where a bank transfers a promissory note to a party to secure a pre-existing indebtedness, there being no new consideration beyond a mere forbearance to secure the claim by attachment, such party is not a bona fide holder for value, and cannot recover on the note. Sup. Ct., Iowa. Bone v. Tharp. Opinion by Seevers, J. (18 N. W. Rep. 906.) [See 16 Eng. Rep. 169.-ED.] PROMISSORY NOTE-WARRANTY OF COLLECTION.The waranty that a note is as good as gold, or as good as money, is not in legal effect a warranty that it is collectible by due process of law, and it is not necessary to exhaust the legal remedies at law against the maker before suing the assignor of the same for a breach of warranty. Sup. Ct., Mich. Taylor v. Soper. Opinion by Champlain, J. (18 N. W. Rep. 570.) PROMISSORY NOTE- ALTERATION SIGNING AS SURETY AFTER EXECUTION.-In this case the note was given for money borrowed by Rudisill of plaintiff, and one Fuller signed it as surety upon the request of plaintiff, and without the assent or knowledge of the makers of the note. Rudisill signed it as surety after its maturity. This was innocently done, without any fraudulent intention on the part of any one, for the purpose of better securing the note after unsuccessful efforts to collect it. Held, that the signing of a promissory note by one as a joint maker, after the execution by the original maker without his knowledge and consent, is a material alteration which will defeat the instrument. Hamilton v. Hooper, 46 Iowa, 515; Dickerman v. Miner, 43 id. 508; Hall's Adm'x v. McHenry, 19 id. 521. When a promissory note has been innocently altered, without any fraudulent purpose, the payee may recover in an action brought upon the original consideration. Krause v. Meyer, 32 Iowa, 566; Clough v. Leay, 49 id. 111; Morrison v. Huggins, 53 id. 76; 4 N. W. Rep. 854; Eckert v. Pickel, 59 Iowa, 545; 13 N. W. Rep. 708. Sup. Ct., Iowa, Apr. 8, 1884. Sullivan v. Rudisill. Opinion by Beck, J. (18 N. W. Rep. 856.) [See 12 Am. Rep. 306; 8 id. 48; 20 Eng. Rep. 594.-ED.] NEW BOOKS AND NEW EDITIONS. NEW YORK CRIMINAL REPORTS. Reports of cases decided in all the courts of the State of New York involving questions of criminal law and practice, with notes and references by Theodore Connoly and Henry L. Vilas. Vol. 1. Albany, N. Y.; W. C. Little & Co. Pp. xxiv, 627. This series purports to give the current criminal decisions of the various courts of the State, the majority of which appear in the regular reports. Some of the cases are reported twice, and in one instance three and in another four times over. This is an objectionable feature. In a note on pages 29-32 the editors give the leading authorities in the various States on the burden of proof when insanity is the defense, and the degree sufficient to justify acquittal. COWEN'S CRIMINAL REPORTS. Reports of criminal cases decided in the appellate courts of the State of New York and of other States, with notes by Patrick H. Cowen, counsellor-at-law. Vol. 1 Albany, N. Y.: Weare C. Little & Co. 1884. This volume contains 108 cases culled from the State reports, as follows: Connecticut, 7; Massachusetts, 8; New York, 79; Rhode Island, 6; United States Supreme Court, 2; Vermont, 6; and covers 609 pages. The index contains 111 pages. The annotations, with a single exception, are confined to New York cases, and consist principally of the insertion of sections of the Code of Criminal Procedure and the Penal Code. THATCHER'S PRACTICE OF THE DISTRICT COURTS OF THE UNITED STATES. A Digest of statutes, admiralty, rules and decisions upon the jurisdiction, pleadings and practice of the District Courts of the United States. By Erastus Thatcher, author of Di gests upon the Jurisdiction and Practice of the Supreme Court of the United States and of the Circuits of the United States. Boston: Little, Brown & Co 1884. Pp xxvi. This volume completes the author's series on the Practice of the Federal Courts. It contains all the decisions upon the jurisdiction, pleadings and practice of the District Courts to be found in 246 volumes of the reports, which have been arranged under appro priate headings. The provisions of the Revised Statutes relating to the jurisdiction of said courts, Rules of Practice in Admiralty and Maritime Causes, prescribed by the Supreme Court, Rules of the District Court for the Southern District of New York, and the Standing Interrogatories in Prize Cases. This series is, we believe, destined to maintain a foothold among the books which it is absolutely necessary to have. 3 AMERICAN PROBATE REPORTS. Of this series, published by Baker. Voorhis & Co., of New York, we have heretofore found cause and occasion to speak well, and this volume gives no reason for reversing or modifying our opinion. The volume contains 93 cases, well-selected, furnished with clear and concise head-notes, and occasionally and judiciously annotated. 1 ABBOTT'S NATIONAL DIGEST. A Digest of the Reports of the United States Courts from the organization of the government to the year 1884, comprising the decisions of the United States Supreme Court, those of the Circuit and District courts, of the court of claims, and of the courts of the District of Columbia; together with leading provisions of the statutes and important auxiliary information upon the National Jurisprudence. By Benjamin Vaughan Abbott. New York: Geo. S. Diossy. 1884. Pp. xxiv, 816. Abandonment-Conversion. The former edition of this work is well known, and has answered a good purpose. We spoke of the supplementary volumes, 6 Alb. Law Jour. 68: 11 id 242. The present is not a mere new edition, but is largely a new work. Among the new matter are bibliographic notes, referring to the discussions in leading law journals and in the notes of the American Reports and the American Decisions. The work is not to exceed five volumes. The abstracts are very full, and the ed iting seems thorough and precise. When completed the work will be very important, and of great practical value. It is well printed. WAIT'S FRAUDULENT CONVEYANCES. A Treatise on Fraudulent Conveyances and Creditors' Bills, with a discussion of void and voidable acts. By Frederick S. Wait. New York: Baker, Voorhis & Co. 1884. Pp. li, 741. This seems a very complete treatise on a subject of considerable practical importance. The discussion on void and voidable acts may perhaps be deemed superfluous, but it hurts nothing. The author shows title to call his work his treatise, for he really treats the subject, and does not merely make up a mosaic of He cites nearly 4,800 cases, but they are not burdensome, typographically or mentally. We think his work commendable, and that it will make a place for itself. It is sumptuously printed. cases. SPAULDING'S PUBLIC LAND SYSTEM. A Treatise on the Public Land System of the United States, manual. BIDDLE ON WARRANTIES ON SALE OF CHATTELS. The author's apology for this large-type monograph is the brevity of the treatment of the topic in the general works on Sales. This being so, we think he might well have expanded his own treatment. It consists in very little more than a statement of the principal cases. Even these are not all mentioned. It is very disrespectful to old age to leave out, for example, Passinger v. Thorburn, on the subject of implied warranties of seed, which is certainly the leading American case. So far as he goes however Mr. Biddle is judicious and useful. The index is rather crude and inadequate. REDFIELD'S SURROGATE'S PRACTICE. The Law and Practice of Surrogates' Courts in the State of justifies this present edition, and rendered it a necessity THE to the practitioner in the probate court. It is printed on excellent paper and well bound. One case (Matter of Simpson's Will, 56 How. Pr. 125), holding that a revoked will may be revived by parol, seems to have escaped notice. COURT OF APPEALS DECISIONS. THE IE following decisions were handed down Tuesday, June 24, 1884: missioners set aside with costs and a renearing ordered before commissioners to be appointed by the Supreme Court-In re Water Commissioners of Amsterdum, etc. -Order reversed and judgment entered on referee's report affirmed with costs-Joseph Kohn, respondent, v. Joseph Koehler, appellaut.-Judginent affirmed with costs-Jesse Hoyt and others, respondents, v. Hartford Fire Ins. Co., appellant. Judgment affirmed-People, respondents, v. Ellen E. Peck, appellaut. Judgment affirmed, and judgment absolute ordered against the defendants on the stipulation with costs-Casper Speiss, respondent, v. Constantine Rossway and another, appellants. Judgment affirmed with costs-Lyman Bradley, respondent, v. James Manning and others, appellants.-Order affirmed and judgment absolute ordered against the plaintiff with costs-John J. Duffield, appellant,v. Thomas Johnson. — Order of General Term reversed and judgment for the defendant ordered, upon the verdict, with costsHiram Purdy, respondent, v. Rochester Printing Company (The Rochester Democrat and Chronicle).Judgment affirmed with costs-Morris Solomon, respondent, v. City of Kingston, appellant.-Judgment reversed and complaint dismissed with costs-John D. McLean, respondent, v. Andrew McLean, appellant. ―――――― -Judgment affirmed with costs-Christianne R. Althaus, respondent, v. James R. Sharp, as receiver, etc., appellant.- Order affirmed with costs — Elijah II. Purdy et al., respondents, v. Edward J. Dunning, Jr., appellant.—Order affirmed with costs—In re Edward B. Long, guardian, etc.-Appeals dismissed with costs-People ex rel. James Preston, appellant, v. Stephen B. French et al., commissioners, etc., respondents. Appeal dismissed with costs-Henry Hoffman v. William S. Marrin and another.Order affirmed with costs-In re Charles F. Hunter to vacate an assessment.- Order affirmed with costs-In re Knickerbocker Life Ins. Co.; claim of Grigg.—Appeal dismissed with costs-Theron S. Atwater, appellant, v. American Bay Loaning Co. et al., respondents.—-Ortall, respondent, v. Walter W. White, appellant.—Order affirmed with costs in both cases-Stephen Tarnsder affirmed with costs-Dwight L. Dewey v. J. Barton Finn. Motion to put case on preferred calendar granted, on condition that the case be submitted, on printed briefs, at this term-Lizzie Hannon, an infant, appellant, v.John F. Agnew et al., respondents.-Mo tion to amend remittitur denied without costs-In re Alleged Will of Eliza M. Smith, deceased.—Motion to open judgment by default for not filing return granted on service of papers, within ten days, and payment of costs of motion-Wm. G.Shanks, respondent, v. Joseph Hart, appellant.- -Motion to set aside judgment denied with costs-In re. Estate of Sarah Boston, deceased. Judgment affirmed with costs-Andrew Harpending, appellant, v. Stephen T. Arnot and others, respondents. Judment and conviction reversed and new trial granted-People, respondent, v. Lorenzo Baker, appellant.-Order reversed, report of com NOTES. .. THE American Law Review for May-June contains the following leading articles: Formation and Validity of Voluntary Trusts, by Simon Greenleaf Croswell; “Legal Tender" Decision of 1884, by D. H. Chamberlain; Codification of Commercial and Maritime Law, by Harrington Putnam; Authorship of the Statute of Frauds, by James Schouler. The "Notes continue the most readable and the book reviews the most excellent of their kind.- -It is well for the profession to know in this weather, that although a man is seen coming out of a saloon intoxicated, and having left his hat inside, this is no evidence that he was made drunk at that place. So held in Lovelace v. Briggs, 32 Hun, 477. Also that the Fourth of July "is notoriously hard upon livery horses." So held by the Supreme Court of Nebraska, in Homan v. Boyce, May 8, 1874, 19 N. W. Rep. 590. Abbott's National Digest.. American Probate Reports, Vol. 3 Bair and Babcock's Guide to the Law Biddle on Warranties on Sale of Chattels... Cowen's Criminal Reports. 438 CALIFORNIA VOL. 29. 6 39 20 260 325 519 4 520 440 350 519 120 319 320 440 318 120 320 200 319 359 319 160 360 119 319 439 160 200 440 519 400 319 200 120 439 199 440 200 480 519 319 440 520 400 440 CASES IN FULL, 10, 27, 50, 68, 89, 108, 132, 149, 166, 189 CODIFICATION. a short response to a long discourse; David Dudley on discharge under State insolvent law on sureties on official bonds.. Code Law v. Judge Law two answers to Mr. Carter's Pamphlet See Current Topics; Leading Articles. statutory capacity of husband and wife to... gence Dower, inchoate, rights, value of Grammar, critic on... Injunction in summary proceedings.. Justices of the Peace, disqualification of by age Lawyers, should they decide their own cases Lightning, is fire Lucri causa Page. 325 CRIMINAL LAW. abstracts of decisions 127 26 .. imprisonment Albany city hall, old, memorial of.... 308 159 499 459 119 299 359 300 459 239, 299 285 300 499 300 499 Partition under will, with outstanding power of sale, 220 399 Receivers of corporation; right to sue stockholders Roger Amero case. 286 186 404 364 365 Speakership of House of Representatives Supreme Court, new justices, when does their term commence 79, 179, 199, 240 500 Swayne, Mr. Justice Transfers by insolvent corporations United States Supreme Court reports.. Will, provision that legatee contesting shall forfeit 419 78, 117, 219, 279, 317, 378 Abbott's Annual Digest . 161 adultery with married woman, bill to punish for, by 40 149 281 blasphemy, law of; N. Y. Daily Register on Justice .... Board of Claims, 1st report of 322 322 Butler, General, criticism on us by a correspondent, 281 502 code cences. common law, present sources of; Mr. Field's address Solicitor's 421 Gen. Butler on 401 Mr. Carter's pamphlet let ...... defeat of Civil Code in the Senate extent to which N. Y. codes have been adopted copyright, Sarony photograph case. 321 Court of Appeals, New York, relief of.. on Denver Law Journal or Wm. Reinecke and C. B. Seymour on 301 suggestion to submit to the lawyers... 62 bar at imported innovations of.... 322 notice of publication of his American Reminis- 462 301 82 99 121 382 461 N. Y. Daily Register on.... 101 renomination of Judges Andrews and Rapallo.. 341 502 201 261 481 261 courtship. Rice v. Comm cremation dictionary of baptismal names. without publicity in Italy Kentucky Law Journal on ... 2 CURRENT TOPICS.-Continued. law, evasion of, by respite of murderers 221 241 not efficient law reformers, Mr. Matthew Hale on, 41 441 Snow Hill Telegram on Mr. Croly's opinion.. 182 women as, Gibson's Law Notes on Feuardent v. Cesnola.. Livingston, Chancellor, statute of marriage and divorce, Judge Noah Davis on Milburn, Mr., comments on address of, before N. Y. the subject of a new story murder statistics in different countries 361 82 Gardner English cases.. railroads Graves, Judge Benj. F., retirement of.. abolish insanity trial of, by jury. Mr. Wilder's paper Judge Daniels on methods of selecting. ... .... oaths, abolition of, American Law Review on. obscene newspapers, Senator Gilbert's bill for sup- of. Ohio Supreme Court, Ohio Law Journal on work Pennsylvania Supreme Court, business of. Private Vengeance, "Chas. T. Congdon on. probate, ante-mortem, bill. receiver of rents and profits in mortgage foreclosure Reid, Judge, suicide of, Virginia Law Journal on... 261 402 ENGLAND (see Recent English Decisions) in re Robb..... Page. 501 381 302 102 reporters, American, estimate of in English work 161 INJUNCTION, in summary proceedings.. 21 62 341 INSANITY, trial of, by jury............. 282 INSOLVENCY, discharge under State law. 162 241 501 South Carolinia; Law in Cash case 302 telegram, property in; English case trial, admissibility of statement in behalf of prisoner 101 381 41 2 462 462 342 142 442 99 2 502 362 62 461 401 Erksine, Judge, resignation of Eternal Vigilance evidence in action for divorce. Bill to permit hus- 461 Court of Appeals 162, 201 61 305 HUSBAND AND WIFE (see Contract). ILLINOIS Supreme Court Abstract (see Recent Amer- 441 462 DANA, JOHN CATTON, on responsibility, with a 246 DEATH, presumption of.. DIVORCE (see Current Topics; Domicile). 92 421 281 445 See Current Topics. 127 206 6 186 |