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Graham v. Lynn, 4 B. Mon. 18; Acklen V. Acklen, aud in another four times over. This is an objection45 Ala. 609; Ligon v. Rogers, 12 Ga. 281; Perdue v. able feature. In a note on pages 29-32 the editors give Bradshaw, 18 id. 287. It is well settled that no judg- the leading authorities in the various States on the ment other than a final judgment can give a lien. burden of proof when insanity is the defense, and the Freem. ou Judg. 340, and citations. The statute ex- degree sufficient to justify acquittal. pressly 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
COWEN'S CRIMINAL REPORTS. often held by this court not to be a final judgment. Reports of criminal cases decided in the appellate courts of Warren r. Sherman, 25 Tex. 319; Martin v. Wade, 22 the State of New York and of other States, with notes by id. 224; Fitzgerald v. Fitzgerald, 24 id. 416. Eastham Patrick H. Cowen, counsellor-at-law. Vol. 1 Albany, v. Ralston. Opinion by Stayton, J.
N. Y.: Weare C. Little & Co. 1884. [Decided Jan. 15, 1884.]
This volume contains 108 cases culled from the State reports, as follows: Counecticut, 7; Massachusetts, 8;
New York, 79; Rhode Island, 6; United States SuFINANCIAL LAW.
preme Court, 2; Vermont, 6; and covers 609 pages. The index contains 111 pages. The annotatione, with
a single exception, are confined to New York cases, PROMISSORY NOTE-BONA FIDE HOLDER-WHO NOT.
aud consist principally of the insertion of sections of - Where a bank transfers a promissory note to a party
the Code of Criminal Procedure and the Penal Code. to secure a pre-existing indebtedness, there being no new consideration beyond a mere forbearance to becure the claim by attachment, such party is not a THATCHER'S PRACTICE OF THE DISTRICT COURTS OF bona fide holder for value, and cannot recover on the
THE UNITED STATES. note. Sup. Ct., Iowa. Bone v. Tharp. Opinion by
A Digest of statutes, admiralty, rules and decisions upon the Seevers, J. (18 N. W. Rep. 906.) [See 16 Eng. Rep.
jurisdiction, pleadings and practice of the District Courts 169.-ED.)
of the United StatesBy Erastus Thatcher, author of Di
gests upon the Jurisdiction and Practice of the Supreme PROMISSORY NOTE-WARRANTY OF COLLECTION.
Court of the United States and of the Circuits of the The waranty that a note is as good as gold, or as good
United States. Boston: Little, Brown & Co 1884. Pp. as money, is not in legal effect a warranty that it is xxvi. collectible by due process of law, and it is not necessary to exhaust the legal remedies at law against the
This volume completes the author's series on the
Practice of the Federal Courts. It contains all the demaker before suing the assignor of the same for a breach of warranty. Sup. Ct., Mich. Taylor v. Soper.
cisions upon the jurisdiction, pleadings and practice
of the District Courts to be found in 246 volumes of Opinion by Champlain, J. (18 N. W. Rep. 570.)
the reports, which have been arranged under appro PROMISSORY NOTE ALTERATION SIGNING AS priate headings. The provisious of the Revised StatSURETY AFTER EXECUTION.-In this case the note was utes relating to the jurisdiction of said courts, Rules given for money borrowed by Rudisill of plaintiff, and of Practice in Admiralty and Maritime Causes, preone Fuller signed it as surety upon the request of
scribed by the Supreme Court, Rules of the District plaintiff, and without the assent or kuowledge of the Court for the Southern District of New York, and the inakers of the note. Rudisill signed it as surety after Standing Interrogatories in Prize Cases. This series its maturity. This was innocently done, without any is, we believe, destined to maintain a foothold among fraudulent inteution on the part of any one, for the
the books which it is absolutely necessary to have. purpose of better securing the note after unsuccessful efforts to collect it. Held, that the signing of a prom
3 AMERICAN PROBATE REPORTS. issory note by one as a joint maker, after the execution by the original maker without his knowledge and con- Of this series, published by Baker. Voorhis & Co., of sent, is a material alteration which will defeat the in- New York, we have heretofore found cause and occastrument. Hamilton v. Hooper, 46 Iowa, 515; Dicksion to speak well, and this volume gives no reason for erinan v. Miner, 43 id. 508; Hall's Adm'x v. McHenry, reversing or modifying our opinion. The volume con19 id. 521. When a promissory note has been inno- tains 93 cases, well-selected, furnished with clear and cently altered, without any frauduleut purpose, the concise head-potes, and occasionally and judiciously payee may recover in an action brought upon the annotated. original consideration. Krause v. Meyer, 32 Iowa, 566; Clough v. Leay, 49 id. 111; Morrison v. Huggins,
1 ABBOTT'S NATIONAL DIGEST. 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.
A Digest of the Reports of the United States Courts from the Sullivan v. Rudisill. Opinion by Beck, J. (18 N. W.
organization of the government to the year 1884, compris
ing the decisions of the United States Supreme Court, Rep. 856.) (See 12 Am. Rep. 306; 8 id. 48; 20 Eng. Rep.
those of the Circuit and District courts, of the court of 594.-ED.)
claims, and of the courts of the District of Columbia; together with leading provisions of the statutes and im
portant auxiliary information upon the National JurispruNEW BOOKS AND NEW EDITIONS.
dence. By Benjamin Vaughan Abbott. New York: Geo.
S. Diossy. 1884. Pp. xxiv, 816. Abandonment- ConverNEW YORK CRIMINAL REPORTS.
sion. Reports of cases decided in all the courts of the State of New The former edition of this work is well known, and
York involving questions of criminal law and practice, has answered a good purpose. We spoke of the supwith notes and references by Theodore Connoly and plementary volumes, 6 Alb. Law Jour. 68: 11 id 242. Henry L. Vilas. Vol. 1. Albany, N. Y.; W. C. Little &
The present is not a mere new edition, but is largely a Co. Pp. xxiv, 627.
new work. Among the new matter are bibliographic This series purports to give the current criminal de- notes, referring to the discussions in leading law cisious of the various courts of the State, the majority journals and in the notes of the American Reports and of whioh appear in the regular reports. Some of the American Decisions. The work is not to exceed the cases are reported twice, aud in one instance three five volumes. The abstracts are very full, and the editing seems thorough and precise. When completed the missioners set aside with costs and a rehearing ordered work will be very important, and of great practical before commissioners to be appointed by the Supreme value. It is well printed.
Court-In re Water Commissioners of Amsterdam, etc.
-Order reversed and judgment entered on referee's Wait's FRAUDULENT CONVEYANCES.
report affirmed with costs-Joseph Kohn, respondent, A Treatise on Fraudulent Conveyances and Creditors' Bills, v. Joseph Koehler, appellaut. — Judgment affirmed
with a discussion of void and voidable acts. By Frederick with costs-Jesse Hoyt and others, respondents, v. S. Wait. New York: Baker, Voorhis & Co. 1884. Pp. li, Hartford Fire Ins. Co., appellaut.-Judgment af741.
firmed-People, respondents, v. Ellen E. Peck, appelThis seems a very complete treatise on a sub- lant.-Judgment affirmed, and judgment absolute ject of considerable practical importance. The discusordered against the defendants on the stipulation with sion on void and voidable acts may perhaps be deemed costs-Casper Speiss, respondent, v. Constantine Rosssuperfluous, but it hurts nothing. The author shows way and another, appellants. — Judgment affirmed title to call his work his treatise, for he really treats with costs-Lyman Bradley, respondent, v. James the subject, and does not merely make up a mosaic of Manning and others, appellants. —-Order affirmed and cases. He cites nearly 4,800 cases, but they are not judgment absolute ordered against the plaivtiff with burdensome, typographically or mentally. We think costs-John J.Duffield, appellant,v. Thomas Johnson. his work commendable, and that it will make a place Order of General Term reversed and judgment for tbe for itself. It is sumptuously printed.
defendant ordered, upon the verdict, with costs
Hiram Purdy, respondent, v. Rochester Printing ComSPAULDING'S PUBLIC LAND SYSTEM.
pany (The Rochester Democrut and Chronicle). — A Treatise on the Public Land System of the United States, Judgment affirmed with costs-Morris Solomon, re
with references to the land laws, rulings of the depart- spondent, v. City of Kingston, appellant. — Judgment ments at Washington, and decisions of courts, and an ap- reversed and complaint dismissed with costs-John D. pendix of Forms in United States Landing and Mining McLean, respondent, v. Andrew McLean, appellant. Matters. By George W. Spaulding: San Francisco, A. L. Bancroft & Co. 1884. Pp. xxxii, 523.
Judgment affirmed with costs-Christianne R. AlThis is a subject of importance in the new States. thaus, respondent, v. Jumes R. Sharp, as receiver, etc., So far as we can judge of a subject with which our ac
appellant. Order affirmed with costs - Elijah quaintance is very small
, we regard the work as very Purdy et al., respoudents, v. Edward J. Dunning, Jr., complete and exact, and as forming a very convenient appellant. — Order affirmed with costs—In re Edward manual.
B. Long, guardian, etc. Appeals dismissed with costs--People ex rel. James Preston, appellant, v. Ste
phen B. French et al., commissioners, etc., respondents. BIDDLE ON WARRANTIES ON SALE OF CHATTELS.
Appeal dismissed with costs-Henry Hoffman v. A treatise on the Law of Warranties in the Sale of Chattels.
William S. Marrin and another.-Order affirmed By Arthur Biddle. Philadelphia: Kay & Brother. 1884.
with costs—In re Charles F. Hunter to vacate an assessPp. xx, 308.
ment. The author's apology for this large-type monograph bocker Life Ins. Co.; claim of Grigg.— Appeal dis
Order affirmed with costs-In re Knickeris the brevity of the treatment of the topic in the general works on Sales. This being so, we think he might American Bay Loaning Co. et al., respondents.Or
missed with costs— Theron S. Atwater, appellaut, v. well have expanded his own treatment. It consists in very little more than a statement of the principal der affirmed with costs in both cases-Stephen Tarnscases. Even these are not all mentioned. It is very tall
, respondent, v. Walter W. White, appellant. — Ordisrespectful to old age to leave out, for example, Pas
der affirmed with costs-Duight L. Dewey v. J. Barton singer v. Thorburn, on the subject of implied warran
Finn. -Motion to put case on preferred calendar ties of seed, which is certainly the leading American granted, on condition that the case be submitted, ou
So far as he goes however Mr. Biddle is judi- printed briefs, at this term-Lizzie Hannon, an infant, cious and useful. The index is rather crude and inad- appellant, v.John F. Agnew et al., respondents. —Mo
tion to amend remittitur denied without costs-In re equate.
Alleged Will of Eliza M. Smith, deceased. —Motion to
open judgment by default for not filing return granted REDFIELD'S SURROGATE'S PRACTICE.
on service of papers, within ten days, and payment of The Law and Practice of Surrogates' Courts in the State of New York. By Amasa A. Redfield. Third edition. New Hurt, appellant. —Motiou to set aside judgment de
costs of motion-Wm. G.Shanks, respondent, V. Joseph York: Baker, Voorhis & Co. 1884. Pp. xxxvi, 1022. We have referred to the former edition of Mr. Red
nied with costs-In re. Estate of Sarah Boston, de
ceased. field's work (12 Alb. L. J. 46; 23 id. 478), and can but reiterate what then was said. The cases from 50 volumes of reports and changes by legislation affect
NOTES. ing the subject-matter make up the material which
American Law to the practitioner in the probate court. It is
the printed on excellent paper and well bound. One case Validity of Voluntary, Trusts, by Simon Greenleaf (Matter of Simpson's Will, 56 How. Pr. 125), holding Croswell; “ Legal Tender" Decision of 1884, by D. H. that a revoked will may be revived by parol, seems to Chamberlain ; Codification of Commercial and Mari. have escaped notice.
time Law, by Harrington Putnam; Authorship of the Statute of Frauds, by James Schouler. The “Notes"
continue the most ceadable and the book reviews the COURT OF APPEALS DECISIONS. most excellent of their kind. It is well for the pro
fession to know in this weather, that although a man HE following decisions were handed down Tues- is seen coming out of a saloon intoxicated, and having day, June 24, 1884:
left his hat inside, this is no evidence that he was Judgment affirmed with costs-Andrew Harpend made drunk at that place. So held in Lovelace v. ing, appellant, v. Stephen T. Arnot and others, re- Briggs, 32 Hun, 477. Also that the Fourth of July "is spondents.---Judment and conviction reversed and notoriously hard upon livery horses.” So held by the new trial granted - People, respondent, v. Lorenzo Supreme Court of Nebraska, in Homan v. Boyce, May Baker, appellant. -Order reversed, report of com- :-8, 1874, 19 N. W. Rep. 590.
of the common law.
a short response to a long discourse ; David Dudley
Code Law v. Judge Law
two answers to Mr. Carter's Pamphlet
remarks of Geo. H. Yeaman before Law Reform
Society of New York City.
See Current Topics , Leading Articles.
6 CONTEMPT (see Current Topics).
statutory capacity of husband and wife to...
on discharge under State insolvent law
liability of issuing a certificate of shares
325 receivers of; right to sue stockholders for unpaid
20, 40, 118, 158
Dower, inchoate, rights, value of
359, 398, 439
300, 318, 380, 400, 439
99, 357, 399
Justices of the Peace, disqualification of by age 59
Partition under will, with outstanding power of sale, 220
Receivers of corporation; right to sue stockholders
Speakership of House of Representatives
Supreme Court, new justices, when does their term
79, 179, 199, 240
Will, provision that legatee contesting shall forfeit
78, 117, 219, 279, 317, 378
For subjects, see Index-Digest.
adultery with married woman, bill to punish for, by
Albany city hall, old, memorial of....
CURRENT TOPICS.-- Continued.
jury Judge Robt. c. Pitinan on
121 law schools as opposed to studying in offices
not efficient law reformers, Mr. Matthew Hale on, 41
Snow Hill Telegram on Mr. Croly's opinion.. 18
women as, Gibson's Law Notes on
libel, Belt v. Lawes...
Feuardent v. Cesnola..
literature, legal, in England..
lynch law, article in Century ..
married women, contracts by; Mr. Kruse's bill. 101
State Bar Association...
221 Mormonism, an apology for
the subject of a new story ....
murder statistics in different countries
negligence, contributory, Pullman Palace Car Co. v.
Sir John Mellor on...
262, 322, 323 obscene newspapers, Senator Gilbert's bill for sup-
pression of sale of..
502 Ohio Supreme Court, Ohio Law Journal on work of. 1
221 patentability of inventions; recent law book of
101, 161 Henry Childs Merwin..
261 Private Vengeance, Chas. T. Congdon on.
receiver of rents and profits in mortgage foreclosure
Kentucky, lawlessness in ; Judge Reid trouble... 401
481 reports of V. S. Supreme Court, comments on com.
reporters, American, estimate of in English work 161
143, 152, 181 reporting, criticism on head note of Mr. Hun. 5112
2d ; some of its provisions; its relations to codifi-
Swayne, Gen. Wager, address of before New York
telegram, property in; English case
121 title of purchaser of personal property
trial, adiuissibility of statement in behalf of prisoner
Wallace, John William, note on death of
502 DANA, JOHN CATTON, on responsibility, with a
DEATH, presumption of.
426, 464, 488, 504
DIVORCE (see Current Topics ; Domicile).
162, 201 DOMICILE OF MARRIED WOMAN, validity
402 ENGLAND (see Recent English Decisions)
EVIDENCE (see Current Topics).
See Current Topics.
..: 162, 201 FIELD, DAVID DUDLEY. in answer to Mr. Jas.
c. Carter's pamphlet on Codification.....
41 FINANCIAL LAW. Abstract of decisions.... 19, 95,
158, 199, 316, 519
For subjects see Index-Digest.
282 FRANKENHEIMER, JOHN, on Code Law v.
HUSBAND AND WIFE (see Contract).
341 INSANITY, trial of, by jury.....
Page. PATENT (see Current Topics).
316, 379, 418, 479
POEM, “Not all a dream,” by A. B. Pratt
PRESUMPTION OF DEATH... ..426, 464, 488, 504
PRESUMPTIVE VALIDITY OF OFFICIAL
PRESUMPTIONS arising from the usual course of
RECEIVER (see Corporation).
149 RECENT AMERICAN DECISIONS:
.37, 58, 157, 456, 479
Iowa Supreme Court.
237, 296, 313
36, 75, 195, 293, 397
Kentucky Court of Appeals..
77, 115, 156, 197, 237, 296
.57, 97, 196, 216
Michigan Supreme Court...75, 196,257,338,377, 458, 476, 498
Minnesota Supreme Court...57, 116, 140, 155, 218, 296, 357
Missouri Supreme Court..
.56, 154, 198, 498
Nebraska Supreme Court
244, 283 New Hampshire Supreme Court .137, 175, 198, 217, 257
295, 314, 338, 376, 417, 457
New Jersey Court of Errors..
138, 217, 397
New York Court of Appeals.
Texas Supreme Court...
United States Circuit Court, 18, 156, 195, 216, 356, 437, 456
18, 158, 216, 437, 456, 518
Supreme Court, 16, 34, 55, 95, 114, 153, 174, 194, 215, 235
256, 278, 312, 336, 354, 370, 396, 436, 455, 474, 495, 517
Vermont Supreme Court
37, 97, 139,
Wisconsin Supreme Court 38, 77, 293, 314, 374, 415, 476
For subjects see Index-Digest.
RECENT ENGLISH DECISIONS.
abstract of cases... 19, 98, 116, 177, 218, 258, 297, 315, 378
418, 459, 480
For subjects see Index-Digest.
RHODE ISLAND Supreme Court Abstract (see
ROGERS, R. VASHON, on upstairs and downstairs
STATUTORY capacity of husband and wife to con:
STEWART, DAVID, on statutory capacity of hus-
STORCK, HARVEY, on jury system.....
SUMMARY PROCEEDINGS (see Injunction).
TELEGRAM (see Current Topics).
THORNDIKE, J. L., on liability of a corporation
TRIAL (see Current Topics).
Circuit Court Abstract (see Recent American Decis-
District Court Abstract (see Recent American Decis-
Supreme Court Abstract (see Recent American Decis-
WEIGHTMAN, HUGH, on domicile of married
344 WHITON, LOUIS C., on abolition of oaths 344
WILDER, E. P., on trial of insanity by jury.
WISCONSIN Supreme Court Abstract (see Recent
WORDS (see Leading Articles).