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A WEEKLY RECORD

OF THE

LAW AND THE LAWYERS.

CONDUCTED BY

IRVING BROWNE.

VOL. XXXVII.

FROM JANUARY, 1888, TO JULY, 1888.

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LIBRARY !
ALBANY:
WEED, PARSONS AND COMPANY.

1888.

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

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

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..513

Page.
BAR ASSOCIATION:
New York State, report of secretary ............. 102
eleventh annual report.

.. 244, 264
BLASPHEMY

368
CODE of Ethics of Alabama Bar Association....... 484
Civil, in 1888

221
COOKE, MARTIN W., on Statute of Frauds 492
CORLISS, GUY C. H., on judicial determination
of existence of statute.

428, 449
on liability of surety on bond for more than one
penalty...

108
on surety's liability on bond conditionally signed, 188, 208
BOOK NOTICES:
American Digest

444
Bailey's Condict of Judicial Decisions

285
Bardeen's Common School Law

224
Bates on Partnership..

224
Benjamin on Sales

143
Berryman's Insurance Digest.....

224
Bigelow on Fraud

304
Black on Tax Titles

323
Blackstone Publishing Co.'s Text Book Series 404, 532
Bolles on Banks

104
Boutwell's The Lawyer, the Statesman and the Sol-
dier

469
Bowen's Virgil.

128
Caruther's History of a Law Suit

143
Clark's Magistrate's Manual.

532
Code of Public Instruction

323
Field on Infants

364
Fowler's Supplement to New York Revised Statutes, 224
General Digest of the United States
Hall on Patent Estate...

511
Hamilton's Medical Jurisprudence

344
Heard's Shortt on Criminal Informations ..

384
Hotchkiss on Banks and Banking....

314
Index-Digest United States Supreme Court Reports, 303
It is the Law

165
Jones' Index to Legal Periodical Literature.

105
Lloyd on Building and Buildings

323
Metcalf on Contracts

,124
Newmark on Bank Deposits.

224
New York Chancery Reports

364
Patterson's Federal Restraints on State Action 424
Pennsylvania Supreme Court Digest

304
Randolph on Commercial Paper...

143
Shakespeare

.346, 405
Sherman and Red field on Negligence

404
Smith's Mercantile Law

224
Speer's Removal of Causes.

424
Spitzka on Insanity,

344
Siimson's American Statute Law - First Supplement, 511
Taschereau's Canada Criminal Acts..
Taylor on Corporations...

444
Tucker's Mercantile and Manufacturing Corporations, 104
Wandell's Law of Inns, Hotels and Boarding-Houses, 511
Waterman on Corporations..

303
Wharton on Evidence ...
CORRESPONDENCE:
ancient record, an

123
Boutwell on Webster

532
check to mistaken order.

183, 223
Code and the N. Y. City Bar Association

204
Code Civil Procedure, section 375

303
contract, question of...

384
Court of Appeals, relief of....

511
crag carving
district attorney, duty of

123
doggerel...

284
Dos Passos, Mr., justice to..

241
Dutch title in Manhattan island.

104
expert evidence, case for .

403
modification of rules of evldence.......

59
Mr. Hornblower on Code

223
judge system

531
Kahn's lunacy scheme.

204
negotiable instrument; failure of consideration
nolle prosequi and section 829 Code of Civli Proced-
ure..

163, 161
VOL. 37.

CORRESPONDENCE-Continued.

Page.
pregnancy from rape

182
service of process on infants above fourteen.

263
Sharpe case.

40
statute of limitations ; Code Civ. Proc., section 375.. 263
Mr. Davies and the Stewart will case..... 302, 323
text-books as authority.

242
CURRENT TOPICS:

Abbott, Austin, on The Physiology of the Rogue". 306
Albany ice carnival...

105
Law School; commencement; Mr. Pryor's ad-
dress...

425
American Reports, discontinuance of

385
Andrews, Judge, accident to..

470
animals ; dogs and cats of great men.....

266
and Mr. Bergh..
arbitration for settlement of international disputes ;
memorial to Congress

126
attorneys, amalgamation in England.

105
bill to prohibit advertising for divorce business.. 326
their charges ...

106
governor vetoes bill to prohibit advertising for
divorce business..

366
Bar Association ; Alabama, tenth annual meeting... 426
Kansas, report of fifth annual meeting

185
New York State, annual meeting..

65, 66
disbarring unworthy lawyers..

105
Bishop, Joel Prentiss, on the common law

125
on “Common Law and Codification"

415
Bliss on contingent fees
Boutwell's “The Lawyer, the Statesman and the
Soldier"

469
Bowen, Mr. Justice, criticisms on his translation of
Virgil

165
Lord Justice, his Æneid, criticisms on

325
capital punishment, recommendation of electricity.. 66
check, payment of, on false indorsement...

165
Chicago Law Times, notice of....

85
Chief Justice Waite; appointment of successor to. 305
appointment of Mr. Fuller as

366
newspaper comments on appointment

405
Choate, Rufus, Boutwell on

469
Code, New York Civil, hearing on
defeated ..

145, 146

365
Procedure, section 829, amendment..
codification, Mr. Creed Haymond and Central Law

86
Journal on....

205
protest against discussion of

326
Conkling, Roscoe, death of.

305
Cooley, Judge, on the uncertainty of the law.. 513
contingent fees

513
convention of lawyers at Washington

386
Cooke, Martin W., address to N. Y. Bar Ass'n.....

65
Court of Appeals, schemes for relief of.

445
court-house in Loudon, ruinous condition of

346
Dillon, Judge, on codification

125
dogs as bearers of despatches .

405
Dougherty, Daniel, address to the U. 8. Bar Ass'n... 65
dower, bill to restrict

266
driving, reckless, and its punishment..

490
Dutch settlement of New York, Judge Arnoux on.. 41
Dwight, Prof., his list of fifty leading law books.
“Elegant Extracts from Browning"; apology for
mistake.

185
evidence; common-law rules; relaxation recom-
mended.

1
Field, David Dudley, on legal reforms
“Forms and Failures of the Law;" Phlip Snyder op. 285

125
Harvard Law Review; notice of

326
Gray, John Clinton, nomination to Court of Appeals. 67
high license; Crosby bill

345
veto of.
Hill, Governor; recommendations in message

386
Holland Society dinner
proposed trip to Holland

406
humor in court.

406
among the English judges
humorous cases

166, 167

346
riding on buck board.

405
from Gibson's Law Notes..

206
inebriety as a disease..

246
Ingersoll's joke about the three taverns exploded... 128
intent to take life; time necessary to form

490

326

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Page.
LAWS OF PROPERTY. Address by Lord Cole-
ridge..

402
LEADING ARTICLES:

Bowen, Lord Justice; his translation of Virgil.. 128
dogs in law and elsewhere.

348
Ellwanger, W. D., on dogs..

348
hearsay evidence to prove pedigree ......

130
extradition bill, the new

88
Gravina's memoir of Papinian.....

148
mortgages as choses in action.
priority of liens; computation of time..

308
Scottish Court of Sessions and its Procedure
statute; can the judiciary determine whether one
exists.

428, 449
of frauds; Martin W. Cooke on..

492
surety, ou bond, when liable for more than one pen-
penalty

108
liability on bond conditionally signed

.188, 208
Lincolu, Abraham, Boutwell on..

470
Maine, Sir Henry James Sumner, death of.
Mellor, paper on parliamentary representation in
Great Britain..

61

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182

CURRENT TOPICS-Continued.

Page.
Inter-State commerce commission; express compa-
nies

21
Journal of Jurisprudence, notice of ..

86
judges, federal ; salaries of
jury trial, English judges on..

514
in New York city.

185
Lamar, Mr. Justice; remarks on criticisms on his
appointment.

42
lawyers ; Denver Republican on Phillip Snyder.. 345
Lomb. prize essays on public health

246
lunacy laws, proposed bill to amend..

146
marriage, celebration of, Mr. Cook on

226
Miller, Mr. Justice, his opinions on jury trials... 1
miscarriage of justice, Judge Barrett on.

385
Neilson, Judge, notice of..

105
newspaper," what is

446
and criminal justice, Mr. Curtis on

265
new trials, abuse of

446
oleomargarine laws...

325
overruled cases in Pennsylvania and Missouri
Palmer, E. D., presents bronze arms to the State.. 86
his Fort Orange Club seal....

42
portraits of legal authors in advertising columns 185
prison labor contracts ..

365
salaries of judges ; increase recommended...

326
Shakespeare, Appleton Morgan on

85
Merry Wives of Windsor; Appleton Morgan's
edition

346
Merchant of Venice; Furness' new edition...

405
Semple, District Attorney ; action in McGrath and
DeLeon cases.

85
Schouler on text-books.

126
Sharon divorce case

1215
sleeping car ; action for not making up berth...

489
Spiritualism ; constructive fraud..

245
impostures
stenographers in court.

426
Supreme Court of U. S.; Mr. Justice Harlan's re-
marks on..

186
Chief Justice Waite on calendar

106
Tennyson, obscure passage, solved by Attorney-Gen-
eral Brewster.

286
testimony of parties ; first advocated in Connecti-
cut..

21
Texas Court of Appeals, attack on.....

220
treadmill -- McMaster's misrepresentations..
text-books by judges, Kekewich, J., on..

206
" trusts Wm. W. Cook on......

186
for charity

489
Tilden case

246
uncertainty of law..

513
Waite, Chief Justice, death of...

245
Webster, Daniel, Boutwell op...

469
witnesses parties in their own suits.

2016
right to impeach one's own.

514

NEW YORK LETTER ...

.39, 203, 283, 509
NOTES:
black cap

243
codification of partnership law.

424
dogs as workers ...

488
Dykman, Judge, notice of.

324
evidence of personal identity .

144
flogging, Mr. Justice Grantham on

243
insanity; defense of; The Independent..

20
legal stories

384
marriage by sham clergsman.

512
Pettygrew, anecdotes of.

404
Pollock, Sir Frederick, reminiscences of.

404
Chief Justice Waite's death

324
water wizard......

512

... 306

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DECISIONS OF NEW YORK COURT OF
APPEALS....59, 84, 124, 144, 183, 204, 224, 242, 264, 304

344, 364, 384, 467, 487, 512, 532

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INDEX-DIGEST

358

257

Page.

Page.

ACCORD AND SATISFACTION. By substi-

tuted agreement; mistake; remedies

317 BETTING AND GAMING. Trotting horses for

ACCOUNT STATED. Action on; pleading and

premium

387

proof

178 Suit to recover money lost; statute..

281

AGENCY. Authority of agent to borrow money.

115

BILL OF LADING. Interest under contract;

Consigoment of goods; storage and payment of

agreeinent to pay sight drafts; estoppel....

234

charges ; reimbursement

31

BOND. Conditional delivery ; liability of sureties.... 15

Power of attorney; conveyance by agent to self; eject-

BOUNTIES. To volunteers ; liability of county; au-

ment....

84 thority of treasurer; notice to supervisors..

98

Factors; assignment of claims due consignor .. 339
BURIAL. Right to put flowers on grave

68
; consignments ; drafts ; advances on bills of lad-
Limitation of right in Catholic cemetery

167
ing; general lien for balance; estoppel ; ignorance

Subsequent rule excluding workmen from cemetery.. 472

of rights.

481

ANIMALS Corporation ; negligence; knowledge by

CANALS. Negligence in management; liability of

agent of viciousness

208

State: contributory negligence...

256

Cruelty to; hunting foxes........

CARRIERS Cattle; negligence; presumption.

3

363

Injuries by vicious dog.....

338

of goods; limiting liability for loss by connecting lines, 268
APPEAL: When lies ; payment of judgment

116

-; liability for loss; change in contract...

-; special proceeding; county court...

53

; destruction of property by fire; negligence; ques-

Who may take ; substantial rights of parties

216
tion for jury

257
Decision; partial affirmance

435

—; loss; limitation in contract ; burden of proof;
From decree of divorce ; conditions of judgment; re-

statute probibiting limitations extra-territorial

quisites of appeal...,

217

effect; stipulated subrogation to insurance; rights

Matters not apparent on record.

398

of insurer...
-; motion for new trial ; decision; affirmanco ; dis-

-; liability of ware-houseman; allowing eggs to

missal...

480

freeze..

16

; law and facts..

464

Misdelivery of freight : presentation of bill of lading.. 82

Jurisdiction ; amount in controversy

318

Limiting liability by stipulation on ticket

160

i appealable orders

480

Of passengers: coupon tickets; refusal to accept de-

Order denying motion for reargument of appeal ; who

tached ticket...

363
may appeal ; motion to dismiss for frivolousness.... 373

Person on train by invitation of baggage master; car-

What reviewable; findings of fact..

116

riers not liable for injuries...

438

; questions of fact

465

Duty to give passenger reasonable time to find ticket.. 16

Waiver; acceptance of costs ; supplemental bill; dis-

; injuries to passengers; negligence..

396

cretion of court..

480

-; presumption of negligence...

417

ARBITRATION AND AWARD. Submission ;

; toward infrm passengers; negligence

55

construction ; evidence; matters occurring before

Negligence; passengers on freight train.

298

arbitrators; failure of parties to offer evidence be-

Railroad; negligence; allowing basket in car...

227

fore arbitrators.

294

; door swinging against passenger going from wait-

Executory agreement to submit; bar to action..., 463

ing-room to ferry....

207

Conclusiveness ; party-walls.....

435

; injury to passenger while approaching ferry-boat;

Impeachment...

83 presumption.....

299

Bias of arbitrator..

421

; negligence; free pass; drawing-room car..

217

Misconduct of umpire ; evidence : inadequate award, 463

; protection from strikers...

27

ARREST: Detention of property by officer; liability. 159

Baggage; merchandise...

160

ASSIGNMENT or claim against State for dam-

-; bag put in passenger car and stolen in absence of

ages ; rights of parties

417 Owner...

247

ASSIGNMENT FOR CREDITORS. Liens ;

--; loss of baggage; evidence of value; jewelry; duty
priority of mortgage

to inform carrier..

480
Fraud : evidence; validity of debt; judgment as evi-

; jewelry; knowledge of agent.

dence

508

-; delivery to porter to be placed in car....

376

329

ASSUMPSIT. Privity; goods ordered of one and

CHARITIES. Bequest; description of object... 401

supplied by another; notice.

119 Uncertainty in bequest..

508

ATTACHMENT. Amdavit; foreign judgment; ac-

COMPOSITION. Contract to give undue advantage;

tion on..

294

effect; action before maturity....

98

Bond; sureties; signature of partnership dame.. 363

CONFLICT OF LAWS. Death by wrongful act;

Publication of summons; appearance; discontinu-

statute of sister State..

228

256 CONSTITUTIONAL LAW. Regulation of com-

ATTORNEY. Admission to practice; regents' ex-

merce; licensing foreign corporations....

340

amidation

134

; intoxicating liquors ...

ATTORNEY AND CLIENT. Lobby services,

Ioter-State commerce; taxation of telegraph compan-

340

no recovery for.......

406 ies..

Settlement of case by counsel

207

--; requiring locomotive engineers to be licensed. 172

Impairing contracts; exemption of homestead pur-

chased with pension money...

BAILMENT. What constitutes; delivering wheat to Corporations; consolidation with foreign corporation, 380

160

mills

422

Exclusive privileges; railroad at sea-side resort; re-

BANKS. National; taxation of shares; constitutional

ceiver ....

66

law; shares owned by other national banks

398

Legislative powers; divorce..

350

; transfer of stock; liability of assignor....

82

Due process ; special administrator's accounting with-
Payment of forged check; liability

481

VOL. 37.

423

out notice to distributees...... .....

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