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direct opposition to the tendency of judicial decis generally experts in handwriting; and such evidence, ions, and of the discussion of text-writers." See note for the many reasons given in the cases cited, would 1 to section 806, Pom. Eq. Jur., and cases there cited. often tend to confuse and mislead them. The case of It is worthy of notice also, that in the opinion re- | Yates v. Yates is not in conflict with these authori. ferred to Judge Field quotes approvingly from the ties. In that case the witness, after examining the Pennsylvania case of Hill v. Epley, 31 Peun. St. 334, signature of John Eller to a deposition admitted to be language which is practically, to all intents, au aban genuine, aud his signature as a witness to the deed in doument of the extreme position supposed to be controversy, was permitted to give it as his opinion maintained in the Brant Case. The language referred that the latter signature was not genuine. The witto is: “The primary ground of the doctrine is that it ness, as an expert, was allowed to compare the signawould be a fraud in a party to assert what his preri ture admitted to be genuine with the signature in disous conduct had denied, when on the faith of that de pute, but the paper was not submitted to the inspecnial others have acted.” The element of fraud is es tion of the jury, and the comparison was not made by sential either in the intention of the party estopped or them; and though there is a dictum of Rodman, J., in the effect of the evidence which he attempts to set ) and a reference to some authorities which seem to SUBup; so that at last the difficulty seems to be in the use tain the position of counsel for the defendaut, the of terms, rather than in the true principles controlling point decided is in perfect harmony with the authorithe doctrine under consideration. As to the second ties cited. In fact Judge Rodman, in admitting the propositiou for which the Brant Case is cited, it is testimony sustaining the ruling of the judge below, sufficient to say that it does not sustain the position says: “This was permissible under the decision of that the mutuality of the mistake, or the possibility Outlaw v. Hurdle." N. C. Sup. Ct., Oct. 15, 1888. of having discovered it, prevents the application of the Fuller v. Fox. Opinion by Davis, J. doctrine of estoppel. It merely asserts the familiar

MECHANICS' LIENS-PROPERTY SUBJECT TO-PUBLIC rule that where the party setting up the estoppel

SCHOOL-HOUSE.- A public school-house is not subject knew the true condition of the title, either in fact or

to a mechanics' lion under chapter 170, General Laws in contemplation of law, the doctrine will not avail

of 1887. While in some States it is held that what may him; the fact being in that case, as shown in the opin

be called the private property of municipal corporaion, that "he knew he was obtaining only a life-estate

tions-that is, such as they own for profit, aud not for by his purchase." Tenn. Sup. Ct., Oct. 18, 1888. Gal

a public use-may be sold on execution, yet the unibraith v. Lunsford. Opinion by Folkes, J.

versal rule is, that in the absence of express statutory EVIDENCE-HANDWRITING-SUBMISSION OF WRIT authority, the property of such corporations, held for ING TO JURY.-Ou a plea of non est factum, the signa and devoted to a publio use, is not liable to execution tures of defendant's testator to other instruments be on a general judgment. This rule is founded upon ing proved genuine, and witnesses having testified as considerations of public policy, obvious from the very . to whether they believed the bandwritings the same nature of such corporations and the purposes for as that to the note in controversy, it is not proper to which they are created. They are mere agencies of submit the other writings to the jury for their inspec the State, brought into being in aid of the civil goytion and comparison. The counsel for the defendant ernment of the State in the administration of the loconcedes that it has been held to be the rule in this cal affairs of the districts incorporated. The power to State that it was not competent, in passing upon ques sell, on execution, their property held and used for tions of this character, to submit writings, such as publio purposes, such as court-houses, jails, poorwere offered, to the inspection of the jury, for the houses, hospitals, school-houses, and the like, would purpose of comparison by them; but he insists, with be fraught with great public evils, and subversive of earnestness and ability, that the rule is not in har the very purposes for which such corporations were mony with more recent decisions in many of the created. Therefore for the enforcement of judgments States of the Union, and with the case of Yates v. against municipal corporations, the courts have alYates, 76 N. C. 142, and that the court should not lowed another writ, mandamus, to compel payment or withhold from the jury the inspection of writings ad the levy of a tax for that purpose. This secures the mitted or proved to be genuine, but should permit fruits of the judgment, and leaves the public property such writings to be submitted to the jury for the pur intact, for the use to which it is devoted. 2 Dill. Mun. pose of comparison, and thus to aid them in coming to Corp., $576; Freem. Ex'ns, $8 22, 126; Herm. Ex'ns, a correct verdict. The law, as it exists in the differ § 364. For the same reasons, and upon the same conent States, is not uniform. In many of them it has siderations of public policy, property which is exempt been regulated by statute, and in some of them it has from execution, on a general judgment against municbeen made to conform to the rule insisted on by coun ipal corporations, is also exempt from the operation sel for the defendant. Rog. Exp. Test. 190. But in of a mechanics’ lien law, unless it expressly appears by most of the States, and with rare exceptions, where the law that such property was intended to be inthere is no statutory regulation upon the subject, the cluded; and to warrant this inference sometbing more law is held to be as laid dowu by Gaston, J., in Pope must appear than a general provision that the claim V. Askew, 1 Ired. 16; Rog. Exp. Test. 192; Lawson is to be a lien upon a particular class of property. U1Exp. Ev. 400. It will be found upou examination that less the State of Kansas be an exception (see Wilson in Rowell v. Fuller's Estate, 59 Vt. 688, and in most of v. School Dist., 17 Kans. 104), this principle of couthe cases relied on by counsel for the defendant, the struction is, so far as we can ascertain, universal. The papers permitted to go to the jury, for inspection and authorities are numerous, and will be found cited in comparison, were such as were in evidence in the cause any text-book on the subject. See Phil. Mech. Liens, for other purposes, or such as were first passed upon $ 179; 2 Jones Liens, % 1375; Overt. Liens, $ 543; by the court and adjudged to be genuine. We think Kneel. Mech. Liens, $ 84. While enough can be gaththe cases of Pope v. Askew, 1 [red. 16; Outlaw v. ered from the crude and obscure provisions of this Hurdle, 1 Jones (N. C.), 150; Otey v. Hoyt, 3 id. 407; statute to iudicate that it was designed to be in many Watson v. Davis, 7 id. 178; Burton v. Wilkes, 66 N. C. respects a radical and drastic measure, yet there is 604, and Tuttle v. Rainey, 98 id. 513, settle the law in nothing in its language expressive of a legislative inthis State to be that testimony as to handwriting, tent to repudiate or repeal a doctrine founded upon founded on what is properly called a comparison of such a satisfactory basis of public policy. In view of hands, is inadmissible, and that “a jury cannot de- the principle governing the coustruction of such statcide by a comparison of bandwriting." Jurors are notutes already referred to, which had been so universally adopted, it is to be presumed that if the Legislaturetion was rejected by the Senate, as was also his nomi. had intended to change the law in that respect they | natiou for interual revenue assessor of New York, would have so declared in express terms. It is con There were few Democrats better known througbout tended however that this rule of construction, as ap the country, he baving been the reading secretary of plied to lien laws, is predicated upon, and follows as a the Democratic National Conventions from 1856 to consequence, from the doctrine that such property is 1872, inclusive. He was also many times secretary of exempt from execution upon a general judgment; Democratic State Conventions in this State. He was aud hence is in this State inapplicable to school dis elected clerk of the Court of Appeals in 1868, and aptriots whose property may in a certain contingeucy be pointed by the judges to that position when the court sold on execution. Gen. Stats. 1878, chap. 36, SS 119– was reorganized. This election Mr. Perrin largely 122. If a publio school-house can be sold under a geu owed to the friendship felt for him by the late San. eral judgment, the same as the property of a natural ford E. Church and the late Charles A. Rapallo. Mr. person or a private corporation, there would probably Perrin was popular with the lawyers who made argu. be no good reason why it should not be held subject to ments before the Court of Appeals, being a man of the operation of a mechanics' lien law, at least in fa- | highly courteous and genial nature. Mr. Perrin vor of the creditors of the district. But it will be ob- leaves a wife and two sons, Ernest W., a lawyer in New served that it is only upon a remote and improbable | York, and F. Stanton, a lawyer in Stanton, Marion contingency that any execution can be issued against county, Florida.-Albany Times. a school district. It is only after a specific tax has been levied for the payment of the judgment, and the time for the collection of the tax, and for paying over

CORRESPONDENCE. the money by the county treasurer, has expired and the district still fails to pay the judgment. Ample

TESTAMENTARY CHARGE OF DEBTS ON LAND. opportunity is thus given to raise funds with which to

Editor of the Albany Law Journal : pay the judgment, without endangering school prop

Mr. Elial F. Hall did a good service in your vumber erty. But under this lien law the court rendering the

T of November 10, 1888, in calling attention to the case

1 judgment is required immediately to order the sheriff

order the shariff of City of Rochester v. Smith, 17 N. Y. St. Rep'r. 146, to sell the property on three weeks' notice. Under

decided by the Court of Appeals on January 29, 1888. such procedure & school-house might be sold for a

But I do not see that it makes the change in the law small part of its value, and be irretrievably lost before

of testamentary charges of debts on real property any funds could be raised by taxation with which to

which he suggests. It simply does what bas long been pay the judgment or redeem the property. It may

a crying need in this State-clears up and settles the also be suggested, that if such property is subject to

law on that subject. By the common law a debt of the provisions of this statute, it would be so, not

the decedent could not be colleoted at all unless he merely in favor of the creditors of the school district,

left sufficient personal property to pay it, or upless by but also in favor of laborers and materialmen to

his will be charged it upon his real property. The rewhom the district owed nothing, and with whom it

sult of this was that the courts, in order to do justice, had no cortract relations. I: would require more

seized on any expression in a will which could, even thau is found in this statute to justify us in holding

by a forced construction amount to a charge of debts that the Legislature intended to make so radical a

on the realty, and thus grew up a doctrine of hair. change in the law as to subject the public property of spno

splitting and niceties, which should have no applicathese governmental agencies to liens in favor of labor.

tion under our changed state of the law on that subor materialmen. Minn. Sup. Ct., Oct. 16, 1888. Jor ject. By our statutory provisions all{debts of the dedan v. Board of Education of Taylor's Falls. Opinion

cedent are made a charge on the realty for three years by Mitchell, J.

after the granting of letters. Judge Gray, after call

ing attention to this, states that the course of adminOBITUARY.

istration in this respect should not be charged without clear evidence of intention on the part of the testator

to charge his debts on the realty. In view of our statute EDWIN O. PERRIN.

provisions, he does not consider that phrases like "alTDWIN O. PERRIN, clerk of the New York Court

ter the payment of my debts I give and devise," etc., L of Appeals, died suddenly of apoplexy at his any longer create such a charge. Sections 2749 aud home, No. 255 West Forty-second street, New York, 1859 of the Code of Civil Procedure clearly show that December 19. He had been unable to attend to bis such was the intention of the Legislature. The forduties for several months. Mr. Perrin was born in | mer section provides for proceedings to be taken at Springfield, Ohio, December 3, 1822. After being any time within three years after the granting of letgraduated from the Springfield Academy he studied | ters to sell the real estate of the decedent to pay his law with his father, Judge Joseph Perrip, and was | debts (the personal estate being insufficient), exceptadmitted to the bar in 1842. He then engaged in the ing where the realty is devised “ expressly charged " practice of law in Memphis, Tenu., and was there with such payment; and that the latter provides that elected a judge. In 1850 he married Rachel Stanton, l the Code provisions regulating actions by debtors a gister of Governor F. P. Stanton, of Kausas, and of | against heirs and devisees shall not affect the liability Judge Richard H. Stanton, of Kentucky. For years / of an heir or devisee where by will the debt is "el. he served as navy agent at Memphis under President pressly " charged upon the real property descended or Taylor. In 1857 he accompanied Robert J. Walker to | devised. It seems plain from these provisions that Kausas, and took an active part in the canvass against | the legislative intent in making this general charge of the Lecompton Constitution. In 1860 he moved to 1 all debts on the realty for three years was that no will Brooklyn and established a branch of the Memphis should thereafter be held to charge debts on realty law firm of Perrin & Wickersham, of which he was a unless it “expressly " did so; otherwise real estate member. During the same year he accompanied and could be sold under such provisions for debts though assisted Stephen A. Douglas in his presidential can- | it be by the will charged with the payment of debts: vass of Maine. He was sent on a confidential mission | whereas the meaning is, that it charged with the debts in 1861 to New Mexico, where he served with the com by the will, the real estate shall not be sold under the mand of the famous Kit Carson. He was subse statutory provisions, and unless it be “expressly' quently nominated by President Johnson for chief charged it is not charged at all. indge of the Supreme Court of Utah, but his nomina- ! BROOKLYN, Dec. 22, 1888.

W. J. G.

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TWELFTH ANNUAL MEETING OF THE NEW | quently consolidated in statements of principles, and
YORK STATE BAR ASSOCIATION. they are well grouped. The book is well printed.

With the two preceding volumes and the recent com-
THE twelfth annual meeting of the New York State / plete table of cases and notes it forms a complete in-
1 Bar Association will take place at the Capitol, | dex to the great series.
Albany, N. Y., Tuesday and Wednesday, January 15
and 16, 1889.
Monday, January 14, 8 P. M.:

COURT OF APPEALS DECISIONS.
Annual meeting of the Executive Committee at the
rooms of the Association in the Capitol.

THE following decisions were handed down Fri-
Tuesday, January 15, 3:30 P. M.:

1 day, Dec. 21, 1888: Annual meeting of the Association in the Assembly

Judgment affirmed with costs-Darid Kahnweiler, Chamber.

respondent, v. Andrew J. Smith, executor, appellant. 1. Prayer-Rev. John McClellan Holmes, D. D.,

-Order in habeas corpus proceedings affirmed with of Albany.

costs-People, ex rel. Marvin R. Clark, appellant, v. 2. President's Address-Hon. Martin W. Cooke,

Hugh J. Grant, sheriff, and another, respondents. of Rochester.

Opinion by Earl, J. 3. Annual Address-Hon. Thomas M. Cooley, of

Ordered: That a term of this court for the year Washington, D. C., Chairman of the Inter

1889 be held at the Capitol, in the city of Albany, comState Commerce Commission -.“ Compara mencing Monday, the 14th day of January, 1889, at 10 tive Merits of Written and Unwritten Con

o'clock, a. M., then to proceed with the call of the stitutions.”

present calendar. And it is further ordered that the 4. Appointment of Committee on Nominations.

court meet for consultation at their chambers, in the

city of Albany, on Thursday, the 3d day of January, Tuesday, January 15, 8 P. M.:

1889, at 10 o'clock, A. M. Tuesdays, January 15 and 29, Annual banquet at the Delavan House.

will be motion days.
Wednesday, January 16, 10 A. M.:
Meeting in Assembly Parlor, Capitol.
1. Reading minutes of last meeting.

NOTES.
2. Nominations for membership.
3. Report of Treasurer.
4. Report of Executive Committee and Secre-

A CORRESPONDENT writes us: “Your remarks tary of the Association.

A in last LAW JOURNAL on Tbe Macdermot, Q.C.', 5. Report of Committee on Admissions.

recall a tale that was popular in Toronto when I was a 6. Election of members.

law student there. A Scottish laird was travelling in 7. Election of officers.

Canada, and put up at the Queen's Hotel in Toronto, 8. Report of committees.

where he signed his name in the register 'The Macnab.' 9. Special orders.

W. Allan Macnab, of Toronto, happened in a few min. 10. Miscellaneous business and discussions on le

utes later, and wrote immediately under this, . The gal questions.

other Macnab.' Truly the Canadians are ripe for anThe following papers will be presented at

nexation." this meeting:

In a notice of Select Pleas of the Crown published “ Comparative View of Chief Judge San

by the Selden Society, the Solicitors' Journal says: ford E. Church and Judge Martin Grover,

" The fair print of Mr. Maitland's volume, with its late of the Court of Appeals," by L. B. Proc

translatious and annotations, of course gives no idea tor, Albany, N. Y.;

of the original rolls, but it is satisfactory to learn that “Legal Ethics," by Hon. Joseph Cox, of

when once the art of recording judicial proceedings Cincinnati, Ohio.;

bad been introduced it rapidly improved, At first the “The Security of Railway Investments,"

mere drudgery seems to have been too much for unby Daniel S. Remsen, of New York.

tutored human nature, and in one record the real Members are requested to call at the rooms of the

drift of the clerk's thoughts is shown by the interpo. Association, Capitol, and register their names.

lation of the live Omnia vincit amor, et nos cedamus The Assembly Parlors will be open as reception

amori, while in the froutispiece to the volume is given rooms for the members and their friends on the 15th a grotesque illustration of trial by combat reproduced and 16th.

from a fragment of an Assize Roll of Henry III, a perARTHUR L. ANDREWS, Albany, formance very similar to the desigus that ornament a WILLIAM H. ROBERTSON, Katonah, schoolboy's copy-book. Walter Bloweberme and JULIEN T. Davies, New York, Hamo le Stare, who are there represented, seem to be MATTHEW HALE, Albany,

very evilly disposed people, and one would not be SIMON W. ROSENDALE, Albany, sorry to see both consigned to the gallows which is JESSE L. L'AMOREAUX, Ballston Spa. sketched in the baokground as Hamo's final destina. R. A. PARMENTER, Troy,

tion. Eccentricities of this kind disappear as one E. C. SPRAGUE, Buffalo.

generation of clerks succeeds to another, but if the ROBERT T. TURNER, Elmira.

rolls become in the original less amusing, it is some IRVIN W. NEAR, Horvellsville, compensation that they become easier to read. But Committee of Arrangements. the real interest of the work lies in the pleas here se

lected and translated, and which afförd curious

glimpses into the life of those early times. Of course NEW BOOKS AND NEW EDITIONS. trial by battle is prevalent, and has naturally led to the

introduction of hired champions, who however were 3 AMERICAN DECISIONS DIGEST.

not favored by the judges. One of these in Hertford This concluding volume contains a digest of cases was condemned to lose his foot, and the court seemed reported from volumes 61 to 100,with the editor's notes. to think he was let off easily (p. 127). The nature of It contains above 1,400 pages. The head-notes are fre. I tbe punishments too, and of the crimes for which they

were inflicted, are full of interest, but these matters may judges relaxed into half-suppressed laughter, and the be left for the reader's perusal, and he will then be bar and audience indulged in as much mirth as is ever able to appreciate the industry and ability which Mr. permissible within the precincts of that august tribaMaitland has brought to his work.”

nal. The case was an appeal from the United States

District Court at Richmond against a manufacturer CAHN'T UNDERSTAND IT.–We have recently had oc

of meu's drawers for infringement of a patent for recasion to comment upon proceedings of American

iuforcement of the seat and crotch. Mr. Wise read lawyers showing a disposition to disregard the tradi.

the opinion of Judge Hughes of the District Court, tions of English law and to cultivate independent

and commented on it in a laughable way. Judge lines of thought and study. There can of course be no

Hughes remarked in his opinion: “It strikes me that objection to this, although we doubt extremely whether

a patent for a patch upon drawers, designed to remedy Story and Marshall, to mention only two eminent

the evils of rip and tear, to which they are liable in the American jurists, would have supported such a sug

crotch, ought never to have been granted, interfering gestion. Knowing what the tendency is, we naturally as it must necessarily do. with the prerogatives of the look with some curiosity to see how the new project housewiv

housewives of the civilized world to patch the drawers is to work out, and we have been attracted by a lead

of their husbands, fathers and sons freely iu their own ing paragraph in one of the best legal journals in the

way, with no patentee to molest or make them afraid. United States, the ALBANY LAW JOURNAL. This will It seems to me that this patent is the reductio ad abshow that in language and sentiment American law

surdum of the patent system of the United States. It vers have begun to drift away from the beaten tracks is impossible that the patch can be novel as to the simof their forefathers. The paragraph in question be

:) ple matter of strengthening the seams aud the mategins thus: “The 6th of this month signalized the re

rial of the drawers in the immediate region of the tirement of a distinguished lawyer from practice, and

crotch; for if drawers do continually give way there, the return of another to practice or his retirement.

it would be a reflection upon the housewives of civil: Also the lieu that the lawyers of this country seem to lized society not to admit that for hundreds of years have on the presidency. Very possibly also the great

they have been patching garments and the forks number of the profession who have been neglecting

| thereof, as the patent reads, by lapping the seams and their professional business, and running up and down

reinforcing the rents in that region. As to the disthe land in the production or direction of public opin

order of men's drawers in and near the crotch, which ion, will now consent to return to their anxious clients

anxious clients have troubled housewives for centuries, I do not think and the staguant courts. Very possibly that great

any person in our day can employ a patch for the purlawyer and statesman, guardian of public morals and

pose of preventing or curing them that can have any champion of public order, Colonel Fellows, will now

real novelty." Counsel for the patentee said the value consent to come off the stump and start a boodler or

of the drawers was so increased by being "reinforced" two on his way to acquittal. TDI8 18 à graphi0 pic-| that one pair was eanalto two. Mr. Wise. in reply. ture of the effect of politics upon the courts, the

18, the said that this could not be true, because it was well judges and the practitioners. What is a boodler? Butik

kuown everywhere that “two pair beats one," and this to proceed: “We have not beard what has become of

was the only game where a “split" counted against the proposed amendment to the Constitution, provid.

a dealer. The evident appreciation of these refering for a commission to help the Court of Appeals out

ences to games of cards seemed to imply a guilty o' the lurch, but we suppose it has been lost for want kuow

kuowledge on the part of the learned justices that of the requisite number of votes on the question. If

was as amusing to the bar and spectators as the witti. go, we hope it will ever be found, but that our law. |

cisms of counsel were to the judges themselves. makers will address themselves to the evident duty of furnishing a permanent and efficient number of judges, A SOUTHERN JUDGE'S PATRIOTIC WORDS.-MACON, and thus reducing the surplus of causes." It is satis Ga., Dec. 21.-The United States flag which was nailed factory to see that the young country is as much be Union down on a pole here Tuesday has been un. hindband as the old one in the matter of legal ad. furled over the Uuited States Court-House, where it ministration. The writer proceeds: “Nor have we now floats. The incident has awakened a strong naheard whether Judge Gray or Judge Rumsey has been |tional spirit, and it is said a new flag will be given the elected, but it probably does not make much differ court by a prominent citizen as a Christmas present. ence except to the gentlemen themselves, even if it On opening the court yesterday Judge Speer remarked much concerns them. We hope we have heard the | that he hoped the published statement that the flag last of tariff for one while, confident that tbe lawyers was exposed and reversed, not with the intention of are able to hold their own as against the stray British dishonoring it, but from a thoughtless and idle barristers who come here to prey on their commerce, spirit of merriment was true. The judge then and that the tariff on their prices is not likely to come | said: “There are those who will never behold down. So a truce for four years to torches, banners, any apparent indignity to the national colors spouting, bad language, robust lying, wagering, bully. without the most poignant sensibility and the ing, chicanery, treachery, forgery, perjury, bribery, | most gloomy forebodings for the careless and unprophecy and the pretended enmity of the uewspapers. patriotic spirit such wanton action inculcates. Il Since writiug the foregoing we have learned that the there was ever a people whom it behooved at all times complexion of the court continues gray, and that of to show devotion to the symbols of a great govern. the governor continues rumsy." This is remarkable ment of law and order, it is the southeru people. writing for a legal journal. The ordinary legal term. There is only one solution for all our troubles in the inology bas always struck us as bad enough, but this south, and that is a respect for law, its steady and introduction of what we must assume to be jocular impartial enforcement, obedience to the national law, slang indicates a downward progress of a very decided a devotion to the flag of our country and all those kind.---Law Times.

principles of good government which it typifies and

represents in the minds of all men. It is well for the MURTI IN THE SUPREME COURT.-The usual grave | youth of the country, the rising generation, to know demeanor of the United States Supreme Court was that there are thousands among us who love the mas upset the other day by the manner in which John S.

and honor its stainless glory, and who will never, Wise, of New York city, argued a case of infringe- without protest most vigorous. Ree its hallo ment of a patent. One after another the dignified | floating in dishonor, be it intended or not."

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AMERICAN BAR ASSOCIATION:
Page. | CURRENT TOPICS-Continued.

Page.
Address of President Wright to...... ........... .228, 248 Fellows, District Attorney, his neglect of duty....... 246

Fiske-McGraw will case – authorship of opinion... 486
BOOK NOTICES:

Gray, Justice, gunning in Virginia.....
Abbott's New Practice and Forms......

Green, Judge, address to Ohio State Bar Association
American Decisions Digest, volume 3.....

81.
American Decisions and Reports - Table of Cases

Hoadley, Governor, Address on the Common Law..
and Notes......

remarks on.......
American State Reports..........

not a judge...
Beach on Wills.

humorous cases.........
Bonham's Industrial Liberty........

of negligence – sky-lights..
Cochran's Law Lexicon.

Independent, The, notice of...
Elliott's "The Work of the Advo

Indiana's judicial arrears, Judge Elliott on
Freeman on Executions ...

Industrial Liberty, Bonham on........
Gear on Landlord and Tenant.....

inebriety as a disease........
Jones on Chattel Mortgages... ....

insanity, Dr. Crothers on Otto case........
Jones on Liens...

legal test ol...............................
Maclaren's Roman Law in E

prevalence of .........
Merrill's Newspaper Libel.....

and drunkenness, rule of responsibility....... 365
Miller on Conditional Sales ....

404

Jews ...... ..... .
Morse on Banks and Banking..

344
kleptomania, Mr. Ringgold's definition of .......

246
New York Chancery Reports......

Law Journals, Judge Elliott on....
Poor on Referees.......

Leary, clerk of New York Surrogate; his efficiency..
Shakespeare's Taming of the Shrew, Bankside edition

libel - newspapers – suggestions to change law....
Shepard's Life of Martin Van Buren .........

"loco focos," origin of...............................
Simonds' Digest of Patent Cases......

lynching at Birmingham ..........
Sterne's Constitutional History.. .................

Marlborough, Duke, legality of his marriage....

Matthews, Mr. Justice, on Judicial Power of
CORLISS, GUY C. H., on Fixtures.............

United States .......
on Indemnitors.....

names, queer, in reports....................
on Mortgagee's Equitable Lien on Insurance....

Nation, The, notice of......
CORRESPONDENCE:

• necessary occasion " - church-spire....

265
American manders, and Mr. Arnold........

newspaper coipment pending trial, withdrawing
gates on private way. ..

juror for......
devises after payment of debts ....

and law journalism, Virginia Law Journal on ...
married women as parties in suits for torts

Phelps, Minister, address at Glasgow..........
names, queer ....

80

physicians, education of; legislative aid...
stenographers' fees ..

portrait of David Dudley Field in Court of Appeals
testamentary charge of debts on land.....
Tuna.....

chamber ..........

......
usury laws necessary .

"Public".. ........... ...... . ....... .....
wrong word ....

punch for lawyers.....................................
CURRENT TOPICS:

remedial legislation, Judge Boardman on............
Abbott's New Cases, variety, novelty and import-

reports of New York inferior courts criticism an-
ance of Special Term business...

swered....

... 161
advising prisoner to appeal. ....

... 386

of United States Supreme Court, alleged defects
American Law Reports, prospectus of .....

1D.. .......
American State Reports, review of volume 1. ....

... 185

reporting arguments and dissenting opinions ......
Arpold, Matthew, and American manners......

. 142

rewards for apprehension of criminals – English
Bar Association, American, eleventh meeting. ... 14

practice.....
programme of eleventh annual meeting..........

“round about"...
National, first meeting.....

salaries of clerks of New York Surrogate.
Bennett, Edmund H., on Public Meetings and Public

self-conceit of lawyers.......
Order in the United States............ ........

sentences, incongruous.......
book reviews... ..

Shakespeare, lawyers on......
brief abusing judge ........

Sharon divorce case...........
briefs in Court of Appeals, humorous extracts from.

"slivery" defined ......
Buffalo City Hall....

streets, perils of......
Burns- dedication of statue - contrasted with Mans.

surveys, old. .....
field ... ..

text-books as aut
Cignarale, Mrs., commutation........

Thanksgiving ....
Codification, Mr. Hornblower on....

"The Macdermot,
common law, its changeableness...

Times, Albany, on ħaving imitation butter.
constitutional amendment to relieve Court of Ap-

vacation ........
peals, discussed...

Van Buren, Martin,
contempt, sentenced to imprisonment for life for.

woman suffrage ..
345.

in Washington Territory.........
Terry-Sharon case.......
Cooley, Judge, newspaper attack on............... DECISIONS OF NEW YORK COURT OF
counsel, artifices of... ...

APPEA
Crosby, Senator, on Legal Profession and American
Progress .: ..........................

HOADLY, GEORGE, address to American Bar
dead-letter laws .........

Association ....

...... 165
deaf-mutes, legal status of....
decisions, recent interesting...

LEADING ARTICLES:
dogs, larceny of ........

assignments, defective general .................... 488
drummers, 'řexas case taxing, overruled..

drinks and drinking.........
election, its results..........

ixtures, apparent but not real; right of innocent
Elliott, Judge, "The Work of the Advocate

purchaser of land to......

......... 64, 84
execution by electricity ....

iconoclasm and whitewash ...
Ethics of Insolvency, Rosenblatt on.....

indemnitor, how far bound by judgment against
evidence - dying declarations......

third person....
practical test -- skull ............

inn-keepers' liability of hosts to the stranger within
showing baby in bastardy.. ...........

their gates........
VOL. 38.

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