A number of errors appear in the first sixteen pages, due to the negligence of our printer, and not discovered by us, until too late to correct, which we beg our subscribers will excuse.--ED.

The Chicago Law Journal.

CHICAGO, JANUARY, 1886.

-Where abortion is charged in an indictment and the dying declaration of the victim is admitted in evidence upon the trial, it is ground for reversal. Dying declaration are restrict to cases in which death

With this issue the CHICAGO LAW JOURNAL is the subject of the charge, and the cir

cumstances of the death is the subject of the declaration. When the victim has died

and aboriion only is charged in the indictment, the death of the woman is not necessarily and ingredient of the crime charged. -Railing v. Commonwealth.-Filed Oct. 5, 1885. — Pa.

enters upon its seventh annual volume. Since first established the JOURNAL has been greatOur ly enlarged and its scope extended. system of condensation and digesting has met with so much favor that we have felt warranted in thus enlarging and extending its original plan. As State Reports and Weekly Reporters multiply, and as reprints of old series are produced, reducing from three to fonr volumes to one, it becomes more and more evident that the demands of the profession are for condensation. To accomplish this is the purpose of this JOURNAL.-To bring in review to the busy lawyer, in condensed form, all the current decisions of from 20 to 25 States, in such form that he can with the time at his command see what questions have been adjudicated. No argument is needed to show to any lawyer the value of the services of any one who will read all the current decisions and tell him briefly what particular decisions will assist him in cases which he has in hand. This is what this JOURNAL undertakes to do. Ist. It saves the lawyer the time of read-the statement of the account. Where a ing the full text.

2nd. İt furnishes him upon application such, and only such decisions as he needs in practice at actual cost.

During the past year we have furnished 1103 copies of decisions to 443 lawyers at an average cost to them of 35 cents for each copy, and so far as we can judge, greatly to their satisfaction and interest. Thanking our subscribers for their past patronage we enter upon the work of the coming year with renewed and zeal and a determination energy to serve their interest to the extent of our

resources.

ABORTION DYING DECLARATIONS.

ACCOTNT STATED-ACTION ON-CONSIDERATION. Where an account has been disputed and the parties come together and agree upon a settlement, the account thus stated is a sufficient consideration for an action to enforce payment, even though the debtor may be subsequently able to prove that he does not owe the amount so stated. A question of duress is one to be decided by the jury after considering all the circumstances.-Dunham v. Griswold.-Filed Oct. 27, 1885.-N. Y.

ACCOUNT STATFD-BURDEN OF FROOF.

Where a settlement has been had and an account stated the court will support the settlement unless there has been fraud in

note has been given for the balance and subsequently the maker of the note alleges this there is certain sums due him from the other party, the burden of proof is on him to show that such sum was not included in the settlement.-Keller v. Keller.- Filed Nov. 4, 1885.—Neb.

AGENT-REAL ESTATE BROKER-CONTRACT NOT IN WRITING.--A broker who contracts to exchange real estate for his principal cannot recover on such contract unless it be in writing and signed by the principal.-Myers v. Surryhne.--Filed Nov. 19, '85--Cal.

ALTERATION OF BANK CHECK-LIABILITY

DEATH RESULTING FROM CRIMINAL ABORTION OF BANK FOR PAYMENT.-Where a patry

drew his check, before leaving home for a SUBJECT TO A MORTGAGE.-In purchasing few days, in favor of his clerk dating it April land if the purchaser assumes the mortgage 22nd, and left it with his clerk for the pur- lien on the land he is personally liable for pose of paying laborers on the 22nd, and on that debt. If it is recited in the deed that the 21st, the clerk in whose favor the check he buys subject to the mortgagee the mortwas drawn changed the date to the 21st, gage must look to the land alone for the drew the money and absconded. Held that debt and not to the purchaser. Where land the bank was liable to the maker of the check is sold on a judgment prior to the mortgage for the amount thus wrongfully drawn.- the owner cannot extinguish the mortgage Crawford v. West Side Bank.-Filed on lien by purchasing the land so sold.-HanOct. 6, 1885.-N. Y. cock v. Fleming.---Filed Nov. 19, 1885.— Ind.

APPEAL

LIMITATION--MOTION TO STRIKE OUT PART OF THE RECORD- FINAL JUDGMENT. ATTACHMENT OF RAILROAD CARS-SPE-The time in which an appeal may be tak- CIAL STATUTE GOVERNS.-A deputy sheriff en is one year from date of the final Judg- having in hand a writ of attachment made ment. Where Judgment was rendered and demand upon the president of the company a motion for a new trial overruled, and for personal property sufficient to satisfy the subquently a motion was made to strike out writ. His demand not being complied with part of the original complaint, which motion he served the writ upon the conductor of a was not decided for about two years, the de- train and demanded that one certain car be cision of this motion is not a final Judg- set out on the side track, which the conducThe limitation for appeal commence tor agree to do. He neglected to do so, and to run when the motion for a new trial was after running the train to the end of the overruled.-Joyce v. Dickey.-Filed Nov. road the car thus attached by the sheriff is 18, 1885.—Ind. siezed by a constable on another claim and put in charge of a custodian until sold. In

ment.

APPEAL FROM JUSTICES COURT-JURISDIC❘ an action it is held that the levy made by TION OF SUPERIOR COURT.—In taking an ap- the sheriff was valid and made as prescribed peal from a justices court it is necessary to by statute.-Hall v. Carney.-Filed Oct. serve and file the notice of appeal. It is not 6, 1885. Mass. material as to the order, in point of time, in which these acts are done. If done within the prescribed time the superior court has jurisdiction. Hall v. Sup. Ct. El Dorado CoFiled Nov. 19, 1885.--Cal.

BAILMENT FOR HIRE-USED FOR A DIFFERENT PURPOSE--LIABILITY OF BAILEE.--Where a party hired horses to draw logs and used them in drawing hay and while so using them in crossing a river the horses are drowned. ASSAULT ACTION FOR INJURIES-MEAS- Held that the bailee is liable for their value. URE OF DAMAGES.-Exemplary damages De Voin v. Mich. Lumber Co.-Filed cannot be recovered for an indecent assault Dec. 1, 1885.-Wis. but compensatory damages may be awarded for all injuries arising therefrom. Excessive damages is no ground for a new trial unless KEEPING FRAUDULENT DISPOSITION OF THE

it clearly appears that the jury were corrupted or were laboring under a mistake or were some way misled. Wolf v. Trinkle. Filed Oct. 29, 1885.-Ind.

BANKS-BONDS DEPOSITED FOR SAFE

BONDS-STATUTE OF LIMITATIONS.-Where a bank has received bonds for safe keeping, and au officer of the bank wrongfully uses them as collateral and conceals the facts from the owner from time to time, the bank

ASSUMPTION Of mortgage-PURCHASING | is liable and cannot plead the statute of limi