Sidebilder
PDF
ePub

A WEEKLY RECORD

OF THE

LAW AND THE LAWYERS.

CONDUCTED BY

IRVING BROWNE.

VOL. XXXV.

FROM JANUARY, 1887, TO JULY, 1887.

, .

10182

CIATI

LIBRARY

ALBANY:
WEED, PARSONS AND COMPANY.

1887.

L

Entered, according to act of Congress, in the year eighteen hundred and eighty-seven,

By WEED, PARSONS AND COMPANY,
In the office of the Librarian of Congress, at Washington.

APR 2 0 1966

GENERAL INDEX.

[ocr errors]

Page. CURRENT TOPICS-Continued.

Page
ALBANY LAW SCHOOL, commencement exer-

Code; in California : Mr. Adams on,

321
cises........

460

bearing before judiciary committee of assembly.. 82
passes the assembly.

201
BAR ASSOCIATION, STATE:

hearing before senate judiciary committee...241, 261
Address by David Dudley Field, on the needs of

of civil procedure, advocated in Georgia... 201
legislation ..

84
of evidence; commission to report on...

382
Address by Matthew Hale, op needed reforms in

Columbia Jurist, the, dies peacefully.

242
courts and litigation ..
124 common law; sources of: D, D. Field on....

862
Contents of tenth annual report..

219
Mr. Bonney on....

121
Notice by secretary of .

99, 119
its uncertainty

161
Programme of tenth annual meeting.
40, 60 Cornelison-Reid case in Kentucky.........

401
BOOK NOTICES:

American Law Review on...

501
Barvard's Pennsylvania Supreme Court Digest:.. 360 courts; House of Lords as an appellate court.
Bennett's Lis Pendens.

320

inconvenience of even number of judges.. 461
Birdseye's Table of Statutes.

359
relier of the United States Supreme Court

21
Bishop on Contracts

198
of Appeals ; bill for relief of calendar

361
Black's Constitutional Prohibitions..

240 Crosby high-license bill; American Law Review on
Bliss on Code Pleading.

119
veto of

501
Chok on Stock and Stockholders..

199 death; actions for; bill to increase limit of recovery. 101
English Overruled Cases...
440 Digest of Howard's Practice Reports

421
Fry's Questions and Answers...
240 divorce in the west

21
Gould on Pleading..

359
in Michigan, cruelty

502
Hare op Contracts...

119
national legislation ; Mr. Beauett on..

141
Johnston's Arguments.
220 dogs; proposed taxation of

481
Morrill on Competency and Privileges of Witnesses.. 20 Donnelly, Ignatius; his promised Shakespearian
Schouler on Wills....

160
cypher

462
Smith's Elements of Right and of the Law.....
198 Earl, Judge, portrait of

502
Taylor's Landlord and Tenant
199 evasion of excise law

102
Von Holst's Constitutional Law.
219 evidence; practical test; birth mark.

161
Washburn on Real Property

76 Field, David Dudley, on construction of codes.
on sources of common law..

362
CODIFICATION: Points for advocates of codifica-

sails for Europe..

461
tion, Irving Browne

244, 264
COMMON WORDS AND PHRASES...

George, John H., on decline or influence of lawyers. 122
85, 324 Gibson's Law Notes; amusing cases in.

302
COOK. WILLIAM J., on the Civil Code, remarks

Hale, Matthew, on preferred causes

81
before Senata Judiciary committee..
246 Hamilton, Alex., new edition of his works.

21
CORRESPONDENCE:

Harvard Law Review

342
appeal from demurrer.
19 head notes; queer ones

442
cleaning sidewalks.

819 Hill, Gov., address to the New York State Bar Asso-
conflict of jurisdiction ; double punishment

439
ciation

81
Constitutional Law; rule of prima facie evidence.300, 340 Hoogeboom, John C., his dreadful disease.

262
Cornelison-Reid case, the...

460
holidays

81
findings as res adjudicata..

239
proposed bill for bank

182
foreclosure by advertisemeut..

. 40, 59, 4:20 Hollander and Puritan, Ernest J. Miller on .241, 281
friendly with the judge

118
humorous cases

.302, 382
gift by will to charity...

79
baby carriage

122
holiday act..

420
throwing " wash" from railway train..

22
instructing witness as to obligation of oatb.

480
automatic show...

41
jury's agreement to disagree

420
remains of a Roman lady

161
justices' courts.

118
from Gibson's Law Notes

302
non-filing note of issue; dismissal..
439 Hypnotism..

341
reporting.

240 injunction against exhibiting wax figure of Miss Van
comparison and criticism courted; New York State

Zant.

102
Reporter v. Hun.

260
against selling liquor by club.

341
subscriptions to the Selden Society.

400
to enable an actress to appear.

262
vacancy on the Supreme Court bench..

440 insanity; pamphlets by Clark Bell and L. F, Everest. 441
CURRENT TOPICS:

J. H. Lloyd.

461
Abbott, Austin, "New Practice and Forms
482 Intelligence company, the National Press

301
Annual Digest for 1886
402 International law, Wharton's Digest of

81
Albany Law School, address by Dr. Ordronaux. 442 Inter-State Commerce Act; De Passos' edition.. 262
American Economic Association, meeting

Reports...

421
nounced.
422 'Jubilee" not valid trade-mark

461
animals; English' judges' views of their rights 601 Judges; conscious of each other's short-comings. 481
Bar Association of New York, programme for tenth

Federal; memorial for increase of salaries.. 141
annual meeting.

41

Gov. Hill's new appointments
report of meeting

of New York Court of Appeals; Albany Evening
tenth annual report

422
Journal on personal characteristics

381
of Tennessee, reports of proceedings..

422 jury system; inconvenience in filling panel in public
Beecher, Henry Ward, his death and character..... 221

cases

462
Wm. A. Beach on

342
Judge Thomas on the..

242
Bermudez, Ch. J., suggested for United States Su-

land transfer, report of committee of New York
preme Court.

421
Bar Association

262
blasphemy; conviction in New Jersey
441 law books, increase of.

181
Bleckley, Judge, on "Truth at the Bar".
61 "Law Made Easy; "Miss Robinson's book.

2
Bonney, Mr., on common law..
121 lawyers, corporation, Gov. Hill on..

81
boycotting cases, briefs in

242
decline of influence, Mr. George on...

122
Bradley, Mr. Justice, bis "perpetual calendar 201 Legislature, N. Y., adjournment..

441
capital punishment of women
1, 101, 462 libel of the dead

302
Code; civil; construction of; D. D. Field on.... 362 license; high; governor will probably veto. 282
the " professors

be vetoes it.
Mr. Louis K. Church's change of opinion... 281 love letters, meaning of "crosses

in.........

501
VOL. 35.

9

an-

92

61

on ......

281

322, 341

[ocr errors]
[ocr errors]

462

OURRENT TOPICS-Continued.
Page. LEADING ARTICLES-Continued.

Page.
Major, Alfred, his " Legal Sketches "

61 Chester, Alden, on a peculiar feature of Federal
marriage, Mr. Adams' proposed bill to regulate 181 jurisdiction.

45
Senator Wemple's billior regulation of

141 Clark, Geo. T., on some old laws of New York......
Prof. Bennett on...

421
circumstantial evidence, singular case of..

44
Ohio aut

882
common words and phrases

65, 324
ight hiusband to open bis wife's letters, .. 221

extradition, the law of, Samuel T. Spear, on... 204
Merur, Chief Justice; death of

501 federal jurisdiction, a peculiar case of, Alden
master and servant; bill to increase master's liability

Chester, on

45
for Degligence
121 future of our laws....

445
Miller, Ernest J., on Hollander and Puritan. 241, 281

insurance; delivery of policy without payment of
municipal corporations; right to require citizens to

premium, Sydney G. Fisher, on

104
clear ice and snow from sidewalk; coasting in

international law; report of Secretary Bayard to the
streets

221, 242
Senate

144
National Law and Order League
161 legalized felony, Central Law Journal on.

500
New York; old sesion laws; curiosities of

Lord Mansoeld and the Blacks

265
New York city, ferry case.

402 needs of legislation, the, David Dudley Field on..
"Obiter Dicta," essays ...

points for advocates of codification, Irving Browne
omnibuses, proper mode of signalling to stop, in

on....

244, 264
Eugland

502 remarks of William J. Cook before the senate judi-
Phelps, Minister, his “Law of the Land"

201
ciary committee on the Civil Code...

246
Philadelphia, city government of, pamphlet

some much needed reforms in the organization of
pool bill

401

the courts and in the conduct of litigation, Matthew
Central Law Journal on..

482
Hale on...

124
preference on calendar, Matthew Hale on..

81 some old laws of New York, Geo. T. Clark on...
prohibition, Central Law Journal on

381
what is a quorum ....

305
Police power; Tiedeman on limitations of.

2 William H. Seward as a lawyer, a review of his cases
Railroad and Corporation Law Journal..

at the bar, L. B. Proctor on...... ....281, 359, 399
reform of laws in England; primogeniture and entail. 341
in Pennsylvania
41 MILLER, Judge Theodore, retirement of .......

99
"rig," for borse, wagon and harness.

462
Robinson, Miss, her " Law made Easy

9
London Law Journal on.

91 NOTES:
Salt Lake city, history of....

261 American women advancing in honorable pursuits.. 80
seduction; bill in Iudiana to make killing a seducer

Bar Association, State, entering on work of reform-
a misdemeanor..

101
ing certain statutes and laws

200
Selden Society; foundation of

Bar-rooms contrasted with laundries.

300
sentonce; no allowance for time spent in jail. 342 capital punishment, verses on, by learned judges. 59
Shakespeareana Dinesta, comments on
402 Cbinamen's oaths........

20
Sbepard, Elliot !; address..

142 codification, Rochester Union and Advertiser on. 320
Somerville, Judge, suggested for U. S. Supreme

Virginia Law Journal on.

200
Court,

contract; theatre tickets; custom.

20
speeches in parliament; bill to curtail.
481 cousin, definition of in Cloak v. Hammond.

20
Storrs, Emory A, biography of

101
cricket,'' not English..

80
Stuart, Frank Q , lis "Natural Rights, Natural Lib-

"cricket," English..

200
erty and Natural Law"

202 cruelty to animals; railroad neglecting to protect
temperance question...::

181
its frogs

140
tenancy by curte y; bill to abolish
127 curiosities of Paris law

400
Thorough good v. Bryan, overruled.
141, 402 de minimis

240
Tiedeman's “Limitations of the Police Power".

2 divorce not authorized because woman will not
Tiiden, S. J., Wu. A. Butler's memorial of.

142
“flop”

100
Treat. Judge, his death and character

301 familiar empty forms of words in common law
United States Supreme Court, criticism for long va-

pleading..

160
cations answered

482 Hand, late Judge Samuel, anecdote of..
Vander Veer, Dr., bis reception to Judge Van Vorst. 81 humorous defense by William Bradley in U. S. Dis-
Vedder lice se bill ; veto.

442
trict Court

120
veto; Central Law Journal on exercise of.
381 idem zonans

240
Wharton, Francis, bis Digest of International Law. 81 Intuition v. Law.....

100
wills; Judge Thomas in favor of abolishing..

1 Iowa State reporter's telegraphic signs in side-notes. O
bill for ante-mortem probate....
301 Judge Bleckley. anecdote of.

260
Central Law Journal on..
361 mockery of justice..

100
witnesses, Lord Bramwell's bill to enable prisoners

mysterious return of burglar's plunder to Judge
and husbands and wives of prisoners.

261
Bynum...

220
women; capital punishment of
1, 101, 162, 462 peculiarities of clients..

240
Senate enable them to vote at municipal elec-

picturesque reporting in Texas Court

280
tions

161
Serjeant Ballantine's, examination of witnesses.

120
shortest bill on record.

160
FIELD, DAVID DUDLEY, on the needs of legis-

singular defense at Chester Assizes...

280
lation.

84
thests in Paris......

360
FISHER, SIDNEY G, on delivery of insurance
polies without payment of premium...,

104
FLOWERS IN COURT, Daily Telegraph on

OBITUARY: Chief Justice Cartter.
519

OUR NEW YORK LETTER .... .......78, 278, 358
HALE, MATTHEW, on needed reforms in organ-

POEM: The Widow's Mite, Aud How It Was Ex-
izaliou of courts, and in conduct of litigation...... 124 pended

158

PARMENTER, Frank J., poem, The Widow's
JURY DISAGREE. Selection from "Rudder

Mite

158
Grange

197 PROCTOR, L. B., on William H. Seward as a lawyer. 284
JURYMAN, the joys of the..

293

SPEAR. Samuel T., on the law of extradition . 204
LEADING ARTICLES:
boycotting

SPENCER, Joshua A., a portrait of; sketch of his

224
breach of contract, a queer case of..

life; reminiscences ...

139, 180, 339
Browne, Irving, on points for advocates of codifica-
tion..

..244, 264 TRIAL OF RHODE ISLAND JUDGES, THE 338

[ocr errors]

20

318

INDEX-DIGEST

TO

ABSTRACTS, CASES IN FULL AND NOTES OF CASES.

Page.
ABATEMENT. Penalty under general manufactur-

ing act:ronspiracy...
Survival; Code Civ. Pro., 88 764, 1910.

391
ACCOUNT Mutual and open; offset; Statute of
Limitations...,

455
Stated: opened for fraud; evidence; parol to explain
ambiguits

330
ADMIRALTY. Damages for death; State statute;

90
ADVERSE POSSESSION. Tacking

154
AGENCY Authority of selling agent ; public policy. 257
Authority of agent to indorse purchase notes......

258
Real estate broker; commissions...

37
Commissions ; liability ; double employment..

491
Corporations; manager engagiug doctor for employee;
Lability

256
Factur; power to pledge; Missouri Act of March 4,
1469; custom..

235
Frand of special; liability of principal...

350
Liability of agent to third person; possession under
bond after sequestration :

196
Power of attorney; revocation by death; construction;
to recover interest of heirs

16
l'odisclosed principal; action for price; party... 512
Liability of railway company for services to injured

einployee; contract; liability of principal to third

person for agent's contract; railroad company... 16
ALIENS. Inheriting lands; defeasible and indefeasi-
ble lilles; foreign law; Texas acts...

16
APPEAL Assignment of error; general objection.. 512
Certificate of division of opinion

295
Judeipent on default; dismissal; reinstatement; exces-
sive damages..

470
Dismissal; appellant accepting benefit under judg-
ment

134
Divided court; res adjudicata.

513
W ben motion to disiniss should be devied; costs 211
As to preliminary examination as to admissibility of
dying declarations

391
Findings; inconsistency..

13
Judgment of affirmance should be entered

211
Jurisdictional amount; distinct claims; creditor's bill. 516
Parol evidence to vary writing: practice; objection.. 94
Practice; argument

373
Railroad assessments;
certiorari.

491
Order; surplus moners

313
Order on motion; habeas corpus..

75
From surrogate; exceptions not specific; code Civii
Proredura, New York, 8 2545.

14
ARMY AND NAVY. Marine Corps; status of.. 253
Pav of Divist officers; sea service and short service;
secretary of the navy

213
ARREST Civil process ; affidavits in support;
And for; extrinsic facts.

111
ASSAULT AND BATTERY. Justification;
ejection of an intruder froin business notice.

258
ASSESSMENT. Recovery of money paid on void;

paid by referee on foreclosure; presenting claim
against New York City; LAW 1873, ch. 355 ; Statute of

Limitations, l'ode Civil Procerlure, 88 406, 410 , 192
ASSIGNMENT FOR CREDITORS. agreement

w prefer, Traud; attachment; suficieucy of affidavits. 232
By corporation; preferences

516
Prelerence of employees' wages, omission to state.. 392
Authority to assignee to complete un disbed work 391
Compromise of debts; power to sell on credit; fraud;

directing verdiet; eridence; province of jury...... 470
Equitable lieu ; purcha-er for value....

152
Time when assignee's title vests.

391
ASSOCIATIONS. Odd Fellows' Society; tenants in
Com Won; compelliog purchase of furniture.

216
VOL. 35.

Page.
ATTACHMENT. Affidavit; omission of necessary
worils

38
ATTORNEY. Disbarment; privilege; pleading 456
ATTORNEY AND CLIENT. Contingent fees.. 517
Privileged communications

457
BANKRUPTCY. Discharge; Aduciary character;

Revised Statutes, United States, $ 5117, effert of dis-
charge; regularity of; application for; presuniptions;
Revised Statutes, United States, 5108, 5119; juris-
diction in bankruptcy.....

16
--; judginent obtained pending proceedings. 475
Fraudulent conveyance; suit by assignee

516
Suits against assignee; jurisdiction; state courts. 113
BANKS Collections ; liability for agents' default.. 185
Custom of corresponding baubs as to collections; rights
of owner of vote.

38
Cashing draft; bill of lading as security; indorsement
for collection; evidence.

172
Draft; certification; liability

513
indorsed for collection; liability of collecting
bank...

393
National; loss of securities by burglary; negligence... 113
---; usurious interest; who can enforce forfeiture.. 357
Fraud; liquidation of; bill for relief; aunendment;

parties ; limitation ; liability of stockholders; liqui-
dation; interest; costs...

411
Set-off against deposit; partnership

258
See Criminal Lau; Remotal of Cause.
BASTARDY Legitimation.

457
BOARD OF HEALTH Power to restrain nuisance 409
BONDS. Conditional delivery: surety's liability.. 357
Of indemnity;, judgment entered by consent; pre-
sumptive evidence...

94
Attachment; pleading; evidence ; ratification... 513
CANALS. Improvements; damage to adjoining
lands; coller dams...

491
Flowage; damages.

513
CARRIERS. Of animals; dogs; limitation of ; lia-
bility

43, 183
Of goods; connecting railroad lines.

298
Perishable freight; delay; flood

358
Limitation of liability by contract; free pass; ordi-
nary negligence

71
By water; dangers of river, etc.; sand reef: fallen trees 274
Ejection of passenger ; refusal to deliver ticket.. 458
Trespasser; Degligence..
Mulatto.

457
Mobs; protection of passengors.

96
Negligence; railroad compaoies; personal injury; con-
tributory negligence.

155
Street railway; rights of passenger; putting excessive
fare in box..

184
Stipulations on ticket

357
Conductor bound by passenger's statemevt

258
Sleeping car company; liability for passenger's valua-
bles..

123
Limit of duty to transport.

438
CIVIL DAMAGE ACT. Action by the drinker sus-
tained..

162
Exemplary damages as against lessor.

163
Injury to wife's means of support; re-marriage

347
COUNTY. County commissioner's liability for re-
fusing to levy tax to pay judgments..

105
CONFLICT OF LAWS. Bill of exchange; accept-
ance for accomniodation; holder for value

394
Champerty; contract to collect a legacy on shares. 314
Death by negligence; survival of action...

190
CONSTITUTIONAL LAW. Collateral inberi-
tance tax....

169

« ForrigeFortsett »