TENANT IN COMMON- Continued. - Shell v. tenant in common, cannot by purchase at a tax-sale cut off the interest of his co-tenants. Whether a tax-sale amounts to an eviction, quære. Walker, Sup. Ct. Ia., Rep., November 17, p. 630. TRADE-MARK.- Expired patent- Right to manufacture, and to use descriptive name. If a sewing-machine has acquired a name which designates a mechanism or a peculiar construction, parts of which are protected by patents, other persons have a right, after the expiration of the patents, to construct the machine and call it by that name, because that only expresses the kind and quality of the machine. In this case the defendant is not prevented from constructing a "Singer sewing-machine," but he cannot be permitted to do any act the necessary effect of which will be to intimate that the machine which he constructs and sells was manufactured by the Singer Manufacturing Company. Neither has he the right to use any device which may be properly considered a trade-mark, so as to influence the public to believe that his machine was manufactured by the plaintiff. Singer Man. Co. v. Lansen, U. S. Cir. Ct. North Dist. Ill., Ch. Leg. N., November 6, p. 59. Numerals and letters. - Where A. used as a trade-mark a certain device with the figures 523 below, to show of whose manufacture a certain line of goods were, and not their quality, and B. used a similar device, with the same figures in the same relative position, well calculated and intended to deceive an ordinary purchaser: Held, that such use by B. was an infringement of A.'s trade-mark. -Lawrence Man. Co. v. Lowell H. M., Sup. Jud. Ct. Mass., Rep., December 22, p. 809. TRUSTS AND TRUSTEES. - Statute of Uses - Dry trust. — When there is a dry trust for the sole and separate use of a woman neither married nor in contemplation of marriage, the mere fact that on a certain contingency, which might never happen, the trustee was directed to execute a conveyance after the death of the cestui que trust, will not change the dry character of the trust and make it active. Armstrong's Estate, Sup. Ct. Pa., W. N. C., December 23, p. 289. Children-Creditors. The owner of property has the right to provide that his estate may be held in such a way that his children may receive the rents and profits of it during their lives, so as not to go to the benefit of creditors if they should be improvident or unfortunate. Nichols v. Eaton, 91 U. S. 716. In such case it is not necessary that a will should declare in terms that the property is to be held free from creditors, where such intent is sufficiently manifest from the language used. Spindle v. Shreve, U. S. Cir. Ct. North. Dist. Ill., Week. Jur., December 23, p. 679. -- VENDOR'S LIEN. - Persons claiming under vendee· Assignment of contract of sale. Upon the sale of real property on credit, without collateral security, the vendor has a lien upon the same for the unpaid purchase-money, unless it was waived by the express agreement of the parties; and such lien exists, and may be enforced against all persons claiming under the vendee, with notice that the purchase-money is unpaid. The assignment and acceptance of a contract for the sale of real property does not make the assignee personally liable for the purchase-money due thereon; and, as against him, the vendor's remedy is confined to the enforcement of his lien on the property.Coos Bay Wagon Co. v. Crocker, U. S. Cir. Ct. Dist. Ohio, Ch. Leg. N., December 25, p. 119. VERDICT. - Sunday — Valid. — A verdict returned by a jury on Sunday, the court having adjourned till Monday morning, is not invalid. It is no more a violation of the Sabbath law for the jury to return its verdict than for it to be compelled to deliberate in its room. Merce v. The Commonwealth, Ct. App. Ky., Am. L. Rec., December, p. 321. WILLS. Revocation by marriage Parol ante-nuptial contract — Equity — Mistake of form. - A will executed by a single woman is revoked by her WILLS-Continued. subsequent marriage, but a parol ante-nuptial contract in consideration of marriage is binding on the parties; and where a person having a right to dispose of property intends to do so, but, by a mistake of the scrivener, attempts to do so by an invalid instrument, equity will give effect to the intention without regard to the form of instrument. Lant's Appeal, Sup. Ct. Pa., Rep., November 17, p. 645; Ch. Leg. N., November 6, p. 61; W. N. C., November 25, p. 209. Undue influence — Unsound mind — Proof — Practice. · On appeal to the Circuit Court from an order admitting the will to probate, the original will is not necessarily a part of the record, and need not be transmitted except in cases where objections to the validity are predicated upon the manner of its execution, and the inspection of the original becomes necessary. When special issues are submitted to a jury, on the trial of the appeal in such a case, the Circuit Court has the discretion, after the evidence is given, to hold that there was no evidence in such issues to be considered by the jury. and to discharge the jury without a verdict. Proof that the person who drew the will was one of the witnesses to its execution, was a special friend and had been the business partner of the principal legatee, and that such legatee had great influence with the testator and managed his business and lived with him, and that the testator had made statements of a vague and indefinite character to the contestant, both before and after the execution of the will, which led her to believe that she would be or had been provided for in his will, is quite insufficient to establish unsoundness of mind or undue influence, even though the testator was old and feeble. Patrick Carroll's Will, Sup. Ct. Wis., Wis. Leg. N., December 16, p. 70. WITNESS. - Competency Religious faith. - Where a witness is objected to for want of religious faith, the ordinary mode of showing this is by evidence of his declarations previously made to others, the witness himself not being interrogated. But the trial judge may, in his discretion, allow the witness to be examined on his voir dire, permitting the objecting party to introduce evidence of such declarations. — Arnd v. Ammling, Ct. App. Mo., Rep., January 12, p. 49. BI-MONTHLY LIST OF VALUABLE ARTICLES IN THE LAW PERIODICALS. CRIMINAL LIBELS ON NON-RESIDENTS. Alb. L. J., Dec. 25, p. 505. Ch. Leg. N., Nov. 27, p. 91. CONFLICT OF CRIMINAL LAWS. - Cr. L. Mag., Nov., 1880, p. 689. - West. Jur., Dec., p. 529. DAMAGES IN TORT AS AFFECTED BY INSURANCE. ESTOPPEL BY CONDUCT-SCIENTER. - Cent. L. J., Jan. 14, p. 29. EVIDENCE OF DEFENDANT'S PECUNIARY STANDING IN SLANDER. - Alb. L. J., Jan. 15, p. 44. HAS AN INSOLVENT TESTATOR THE POWER OF PREFERENCE AMONG Creditors OF DIFFERENT CLASSES? - Va. L. J., Oct., p. 581. HAS THE STATUTE CHANGED THE COMMON LAW WITH REFERENCE TO BANK CHECKS? Week. Jur., Dec. 9, p. 625. IMPUTED CONTRIBUTORY NEGLIGENCE OF THIRD PERSONS. - Am. L. Rev., Nov., p. 770. IMPOSSIBILITY OF PERFORMANCE AS A DEFENCE IN ACTIONS EX CONTRACTU.— Cent. L. J., Jan. 7, p. 4. JUDICIAL DISCRETION. - - Cent. L. J., Dec. 24, p. 505. LAPSED APPOINTMENTS BY WILL. Irish L. T., Dec. 25, p. 623. LOCAL OPTION IN A NOVEL FORM. - Cent. L. J., Dec. 24, p. 501. Week. Jur., Dec. 10, PUNISHMENT FOR ESCAPING. p. 361. - Alb. L. J., Jan. 1, p. 5; Ky. L. Rep., Dec., SUBSIDIZED ADVOCACY. Irish L. T., Dec. 11, p. 597. THE DECLINE OF CIRCUIT LIFE.-L. Mag. and Rev., Aug., p. 335. THE STUDY OF Jurisprudence. — L. Mag. and Rev., Aug., p. 382. THE LEGAL RELATIONS BETWEEN A STOCK BROKER AND HIS CUSTOMER. — L. Mag. and Rev., Aug., p. 401. THE EXTRA-TERRITORIAL JURISDICTION OF THE UNITED STATES. - Alb. L' J., Jan. 8, p. 26. THE EMPLOYERS' LIABILITY ACT. - Irish L. T., Oct. 30, Nov. 6, Nov. 13, Nov. 20, Nov. 29, Dec. 4. INDEX. VOLUME VI.-NEW SERIES. BLACKFORD, JUDGE ISAAC BOOK REVIEWS: - 907 American Decisions, Vol. XIV., 420. Anson's Principles of the Law of CORPORATE OFFICERS, RIGHTS AND REMEDIES OF CORPORATIONS, STOCKHOLDERS, CREDITORS, and Others, as AGAINST I 568 162 (973) CORPORATION, NOTICE TO Directors - How FAR BINDING ON CORPORATIONS, NOTICE TO 45 386 COVENANTS OF WARRANTY, A STUDY OF THE LAW PERTAINING TO 719 822 INJUNCTIONS AGAINST MUNICIPAL AID SUBSCRIPTIONS INSURANCE AGENTS, CONCERNING JUDGE ISAAC BLACKFORD JUDICIAL NOMINATIONS LIABILITY OF DIRECTORS OF CORPORATIONS 45 706 99 206 80 482 367 907 554 386 LIABILITY OF TELEGRAPH COMPANIES For Negligence 321 LIST OF VALUABLE ARTICLES 160, 320, 480, 632, 792, 972 MARITAL PROPERTY RIGHTS, Modern LEGISLATION TOUCHING POLICE POWER of State, SUBJECTION OF PRIVATE RIGHTS TO PRIVATE INTERNATIONAL LAW, LATE WORKS ON PRIVATE RIGHTS, SUBJECTION of, to Police Power of State RULES OF LAw, Power of USAGE AND CUSTOM TO CONTROL AND TROVER, Demand and ReFUSAL IN TRUSTEES, Negligence of Public. TELEGRAPH COMPANIES, LIABILITY OF, FOR NEGLIGENCE |