ment or items relied on, but this require- negligence in keeping varnish outside and ment may be waived by the plaintiff.) near the railroad track, and if ignited by sparks from an engine emitted from a defective "spark arrester, the company is Ifable for the damage done.] Hutchinson v. Ayres. Filed June 12, 1886.—Ill. (In a bill for relief by a cestui que trust all co-trustees must be made parties. If all are not joined it may be necessary to review the whole matter.) McLean v. Hess. Filed May 25, 1886.—Ind. Hyde Park v. Washington Ice Co. Filed May 15, 1886.—Ill. (An instruction directing the jury to ascertain the depreciation in value caused to certain property by an improvement is not faulty.) Wallahan v. Ingersoll. Filed May 15, 1886.—Ill. (In establishing a title in the state by escheat it is essential that in the judicial proceedings the statute be strictly complied with.) Savings Bank v. Com. Union Association. Filed June 30, 1886.-Mass. (Where property subject to a mortgage is insured and a loss occurs, and the mortgagee sends the company notice of the loss, signed by him and also signed by the owner of the property, requesting a reply if any further notice is required, to which no reply is made by the company. Held that the company thereby waives any defect in the notice.) Damon v. Deeres. Filed July 15, 1886.-Mich. (Where a mortgage contains a palpable error in the figures as to the sum due, foreclosure may be had for the real debt without a previous reformation of the mortgage.) Martin v. M. and O. Ry. Co. Filed July 15, 1886.-Mich. (Where an employer gives his employe an to the employer, this does not constitute an assignment of the laborer's claim.) (Property conveyed to a wife under a fraud-order on a store for goods, and it is preulent intent of the husband and the grantor sented and the goods obtained and charged jointly, for which the wife gives her note jointly with her husband, cannot be set aside as in fraud of creditors where the debtor has not parted with any of his property in the transaction.) Kalbfleish v. L. I. Ry. Co. Carrier v. Heather. Filed July 15, 1886.-Mich. (Where state lands are conveyed to one who pays for the same with money furnished [The owner of a factory is not guilty of by another, with whom there is an express agreement that the former shall convey to pleadings can be reviewed by the appelate the latter, the statute against resulting trusts court, and statements repugnant to this does not bar his rights.) issue should not be regarded.] Farmer, Assignee v. Cobban. Filed February, 1886.-Dak. (A deed of assignment for the benefit of creditors must be accompanied by affidavit of the assignor that the schedule is a full, just and true statement of his assets and liabilities, and must be filed with the deed.) Reitan v. Goebel. Filed July 7, 1886.—Minn. (The condition of a stay-bond, given on appeal from an order denying a new trial, does not require the payment of the final judgment.) Gille v. Hunt. Filed July 7, 1886.-Minn. (A deed or mortgage of land made to a firm in the firm's name, runs to the individuals named in the firm name, and not to those whose name does not appear in the name of the firm.) Hawkins v. Circuit Judge. Filed July 21, 1886.—Mich. [Where an appeal is taken from the taxation of costs to the circuit court, that court should not remand, but should at once make the correction.] Kinney v. Robinson. Filed July 21, 1886.—Mich. [An attorney has a lien on a judgment, which he recovers for his client to the extent of his taxable costs, which no set-off can defeat or impair.] Brown v. Weightman. Filed July 21, 1886.-Mich. (An objection raised on the trial should be accompanied by the reasons therefor. A witness may be shown a book of original entries to refresh his memory.) Ellsmore v. Gamble. Filed July 21, 2886.-Mich. Braley v. Henry. Filed May 27, 1886.—Cal. (In an action on a promissory note in the hands of payee or in the hands of a third party having notice of all the facts, the maker may defend on the grounds of a collateral agreement that there was to be a conditional credit on the amount in the face of the note.) Leppla v. Minn. Tribune Co. Filed July 25, 1889.-Minn, (The husband or wife cannot be examined as a witness as to any communication between them unless the other consent to such examination.) Sanborn v. Minneapolis. Filed June 25, 1886.—Minn. (The interest of the state in lands cannot be affected by the statutes relating to the assessment and collection of taxes. The easement of a highway cannot be affected by a judgment against the land.) Reilly v. Stephenson. Filed July 21, 1886.—Minn. (The laborer in cutting logs has a lien. thereon for his wages, although there be no privity of contract between him and the owner of the logs.) Irving v. Carpenter. Filed June 17, 1886.—Cal. (Where the name of defendant is unknown, he may be designated by any name. in the pleading and when his true name is discovered the pleading should be amended accordingly.) Turner v. Strengel. Filed June 17, 1886.-Cal. (A material man is only entitled to a lien on that portion of the contract price which has not been paid to the contractor, and the complaint in such case must allege money [Nothing but the issue framed by the due from the owner to the contractor.) Hemphill v. Collins. Filed June 12, 1887.—Ill. [An appeal may be taken from an order in an attachment suit discontinuing the attacement and taking judgment on the merits of the case.] Hanchett, Sh'ff v. Kimbark. Filed June 12, 1886.—Ill. (Where a party to the action is a witness, or where the witness is an unwilling one, the court in its discretion may allow the range of cross-examination to extend beyond the limits of the direct examination.) C. B. and Q. Ry. Co. v. Boyd. (Where the vendee of property is in possession, it is notice to all the world of all just claims of the vendee.) In Re Bickerstoff. Filed June 25, 1886.-Cal. Kopp v. French et. al. Filed June 22, 1886,-N. Y. (One who has been appointed a policeman, who has been convicted of a crime which makes him inelligible, may be summarily dismissed subsequently by the commissioners.) Liddy v. Long Island City. Filed June 8, 1886.—N. Y. (Notice of filing an undertaking given by mall on the 7th, and an answer excepting thereto is mailed on the 17th day of same month, it is sufficient and unless the sureties justify the appeal will be dismissed.) B. and O. Ry. Co. v. Owings. Filed June 23, 1886.—Md. (The rights and obligations of railway companies and travelers on highways at points of intersection are mutual, and where injury is done the ques ion of contributory negligence depends on the circumstances in (A license law for the purpose of regulating each particular case and is a question for the the traffic in intoxicating liquor and obtain-jury.) ing a revenue is held constitutional.) Atkinson v. Dailey. Filed June 22, 1886.-Ind. (Instructions should be construed as a whole and not by separate paragraphs or items. The jury should in all cases be governed by the evidence in the case and not by preconceived notions as to the value of service for which compensation is asked.) Miller v. State. Filed June 19, 1886.—Ind. (Where a personal pronoun is so used in an affidavit that it may refer to either party, the meaning is to be taken from the affidavit as a whole and the strict rule of grammar may be disregarded.) Brown, Ex'r v. Critchell. Filed June 16, 1886.—Ind. (The want of legal capacity to sue has reference to the plaintiff under legal disability and not to the fact that the facts in the case give no right of action.) Stewart v. Carbett. Filed June 22, 1886.-Md. (An unqualified admission of existing indebtedness made to the plaintiff or his agent or to a stranger, will remove the bar of the statute of limitations.) People v. Fonda. Filed July 15, 1886.—Mich. (An action for embezzeling funds of a national bank can be prosecuted only in the United States court, the state court having no jurisdiction.) Lamson, Ex'r v. Monroe. Filed June 23, 1886.—Maine. (A gift causa mortis is not valid unless the intention to make the gift is clearly apparent and as complete a delivery made as the nature of the property will permit.) Grimont v. Hartman. Filed Feb. 8, 1886.-Pa. (Where an employe brings an action. against his employer for damages for injuries arising from the use of machinery, the bur The Chicago Law Journal. CHICAGO, OCTOBER, 1886. profession in having so complete an arrangement of the federal reports at so small a cost compared with the labor and cost of handling and examining an unabridged edition. In previous notices of this work, we have stated fully our appreciation of its merits, both in the conception of the plan and execution of the same. It will be a series of great and permanent value in any AN EXCELLENT LAW SCHOOL. THE CHICAGO LAW JOURNAL, is published on the first of each month, and law library. mailed to subscribers at $3.00 per annum, postage prepaid. It is within the plan and purpose of the JOURNAL, to advise its patrons of the chief points decided by the courts of last resort, in all the states named on the title page, and HOW and WHERE the full text of any decision may be speedily and cheaply obtained. Each number of the JOURNAL will contain notes of from 250 to 300 cases, filed Within the past three or four years the Law Department of the University of Notre Dame, situated at Notre Dame, just north of the city of South Bend, Indiana, has taken rank among the very best law schools in the country. Not one of its graduates, within the last month preceding the publi- during that time, has failed to pass a creditcation. Subscriptions may commence any month in the year. TERMS. One copy, one year in advance... with able examination for the Bar in any of the states. While its diploma admits the holder, without examination, to the Bar of Indiana, $3.00 yet in other states prevails the general rule 3.50 applying to all law schools outside of their .25 respective jurisdictions, and an examination We continue to send THE JOURNAL to is necessary. But it is worthy of note, that all subscribers until all arrears are and we are requested to stop it. Single numbers..... paid the graduates of Notre Dame have not only successfully passed that test in every case, CHICAGO LAW PUBLISHING Co. but also have on several occasions been MYER'S FEDERAL DECISIONS. Cases argued and determined in the Supreme, Circuit and opinions of those Courts from the time of their organiza District Courts of the United States, comprising the tion to the present date, together with extracts from the opinions of the Courts of Claims and the Attorneys General, and the opinions of general importance of the Territorial Courts; arranged by William G. Myer. Vol. 15, pp. 920. Gilbert Book Co. St. Louis, Mo. highly complimented by the examiners. The methods of studying law at Notre Dame differ in certain particulars from those in force at Harvard, Yale, Ann Arbor, etc. The duration of the regular course is from two to three years-two years for those who attend two lectures a day, and three years for those who attend but one. Each lecture lasts an hour. The first is delivered This volume embraces the subject: in the morning, soon after breakfast, and "Equity", and gives a full treatise on the the other begins at 2.30 o'clock in the afWhile these lectures are very subject, including its several subdivisons. ternoon. The work is not inferior either in plan or in carefully condensed, they are yet so arsubstance to any that have preceded it. ranged and delivered that the youngest With this book onehalf the complete work student cannot fail to understand them. is accomplished, and the compiler and They are prepared with special reference publisher can be congratulated in giving to to brevity and clearness, and are free from the profession so valuable a work, and the the contradictory and repugnant dicta so |