same subject in Hanover on Horses, which cites the CROSS-EXAMINATION. English as well as the American cases. If we are to believe Cicero, from whom the present author quotes Editor of the Albany Law Journal: on his title page, there is after all much more need of In Rollwagen v. Rollwagen, 63 N. Y. 504, Wm. H. such a book in England than in this country, for Cicero Arnoux and Wm. A. Beach, for the appellant, mainsaid: “Tu qui cæteris cavere didicisti, in Britannia ne tained that: “The General Term erred in holding that ab essedariis decipiaris caveto.” the right of cross-examination is confined to subjects upon which the witness has been examined by the XXI AMERICAN DECISIONS. party calling him," citing authorities; yet the judg. ment in that case was affirmed. This volume has cases from 1 Saxton, 1 Halsted, 2 Can you inform me, through the columns of your Paige, 4, 5, 6 Wendell, 2 Devereux Law, 1, 2 Penrose & Journal, considered to be a court of reliable resort, Watts, 2 Rawle, 1, 2 Bailey Law, 1 Bailey Equity, 2, 3 how the law of this State now stands upon that point? Vermont, 2 Leigh, 3 Stewart, 1 Stewart & Porter, 8, 9 Yours, J. B. DALEY. Connecticut, 2 Blackford; and notes on privilege of WINDHAM, N. Y., Dec. 14, 1880. witness; power of appellate court after remittitur; justification of officer by process; notes payablo in [There can be no doubt that the rule here is, that specific articles; definition of “in jeopardy;" "tools" cross-examination is not limited by the direct, but in exemption laws; what is necessary to attach per- if it exceeds it, the witness in so far becomes the sonalty; effect of foreign divorce. witness of the cross-examining party. – ED. ALB. L. J.] NEW YORK COURT OF APPEALS DECISIONS. NOTES. THE.col.lawing decisions were handed down Tuesday, MR, Judgment affirmed with costs --Maas v. The Mis- a complete and useful Subject Index of Elementsouri, Kansas and Texas Railroad Company and ano : ary Law Books, used by him in his lectures to the AlWehle v. Conner; The Phenix Insurance Company of bany Law School, class of '81, on Books, their Selection Brooklyn v. Floyd. -Judgment reversed and new trial granted, costs to abide event--Duvid y. The Williams- best, second best, and third best. No one is better and Use. Mr. Moak indicates which he regards as burgh City Fire Insurance Company; Bryan v. Stewart; Baird v. The Mayor, etc., of New York; Haynes v. fitted to advise on this subject than Mr. Moak, and the Rudd; Sparman v. Keim.- -Judgment of General | Index will be useful to every student and lawyer.Term reversed, and judgment on report of referee F. D. Linn & Co., of Jersey City, publishers of the affirmed with costs - Church v. Simmons.- -Orders of Criminal Law Magazine, Jarman on Wills, and other General Term and Special Term reversed, and an order entered vacating the attachment as against the admirable issues, have put forth an edition of Fieldland embraced in Mrs. Alberger's deed, with costs ing's Novels, in four volumes duodecimo, at $7. The The Steuben County Bank v. Alberger. -Order re- book is elegantly printed and bound, and has reproducversed and proceedings remitted to recorder, with tions of Cruikshauk's famous illustrations. The page is directions to proceed and try the prisoner — The People one of the fairest we have ever seen. Fielding is one ex rel. Comerford v. Dutcher, sheriff.- -Order affirmed, with costs - In re Kendall to vacate assessment. of the half dozen greatest masters in English literaOrder of General Term reversed, and judgment of ture, whose works can never grow obsolete, but must Special Term affirmed, with costs - Josepihal v. Steffen. have a constantly-increasing value as faithful and vivid Motion for reargument denied, with $10 costs — Lord pictures of his time. Amelia is one of the strongest, v. Harrison; The Pacific Pneumatic Gas Company v. sweetest and sincerest novels ever written. Erery Wheelock. Motion to amend return denied, with $10 lawyer should read Fielding, for he was himself a law. costs - Schultz v. Hoagland. Appeals dismissed, with costs of appeal, and $10 costs of this motion yer and a useful magistrate. It is much better to reStevens v. Glover.- -Motion denied, without costs sort to this grand and genuine old master than to deThe People ex rel. Egan v. The Justices of the Marine vour such namby-pamby stuff as Endymion. Fielding Court of the City of New York. is called coarse. His coarseness was simply that of his time, like Shakespeare's. He is never gratuitously nasty. There is more unadulterated “smut" in many CORRESPONDENCE, a modern society novel, like one of Ouida's, or in a modern play, like Frou Frou, or a modern opera, like POWERS OF NATIONAL BANKS. La Traviata, than in all of Fielding's works, while there is in these modern works no healthy counteractEditor of the Albany Law Journal: ing air like that which blows on every page of Enge In your note of cases on the power of banks to pur- land's "prose Homer." chase notes (ante, p. 462), you say at the end: “ This important question ought to be settled, as to National Debenham v. Mellor, respecting a wife's right to banks, by the Federal Supreme Court." Has it not pledge her husband's credit for necessaries (see 21 Alb . thus been settled, practically, by the decision of the L. J. 344), has been affirmed in the House of Lords. United States Supreme Court in The Union National Bank, Skinker et al. v. Matthews, October term, 1878, Cockburn as lord chief justice of England. This ap Lord Justice Coleridge succeeds Sir Alexander 19 Alb. L. J. 132? The effect of that decision, as I pointment was expected, and we believe gires satisfacunderstand it, is that a private person has no right to tion, It is said that Lord Justice Blackburn was conset up in defense the assumption by a bank of a power spic not conferred, or prohibited (which is the same thingh funeral. Lord Penzance was also probably absent. usly absent from the late lord chief justice's but that the sovereign alone can object;" the gov- The Chicago Legal News says that the Ilinois Suppleernment must exact a forfeiture of the charter, obtainment of the North Western Reporter has been discomjudgment of ouster, etc., and “ a private person can tinued for want of patronage. We can easily apprenot, directly or indirectly, usurp this function of the government." Respectfully yours, ciate the difficulty when the Illinois reporter issues advance sheets and the News publishes head-notes very J, KOPELKE. promptly. Still it was a good enterprise, and we aro CROWN POINT, INDIANA, Dec. 14, 1880. sorry it has not been successful. GENERAL INDEX. . 59 PAGE. ABSTRACTS OF RECENT DECISIONS (see Criminal Law; Financial Law; Insurance Law: Re cent American Decisions; Recent English Decisions). ACTION: Davis v. Clinton (see Cases in Full). See Correspondence. D'Arusmont v. Jones (see Cases in Full.) ADVERTISEMENT (see Notes of Cases). ALIENATION: McCleary v. Ellis (see Cases in Full). State of N. H. v. Grand T. Ry, Co. (see Cases in Full). AMERICAN BAR ASSOCIATION (see Bar Asso ciations). ANCIENT LIGHTS: implied covenant as to 193 Rennyson's Appeal (see Cases in Full). APPEAL: People v. Redinger (see Cases in Full). Books. Matthew v. Densmore (see Cases in Full). Baker v. Humphrey (see Cases in Full). In re Steinman and Hensel (see Cases in Full). 22 See Current Topics. ...... 316 BOOKS-Continued. PAGE. American Decisions, Vol. 17. 59 American Decisions, Vol. 18. 159 American Decisions, Vol. 19.... 279 American Decisions, Vol. 20.... 398 American Decisions, Vol. 21... 520 American Decisions, Index.. 459 American Reports, Vol. 30 101 American Reports, Vol. 31.. 284 American Reports, Vol. 32. 464 Barbour's New York Digest.. 178 Bigelow's History of Procedure. 869 Blatchford's Reports, Vol. 16. 459 Bliss' New York Annotated Code, Vol. 2.. 499 Bradwell's Reports, Vol. 5.. 39 Bradwell's Reports, Vol. 6 279 Burke's Law of Public Schools.. 237 Carter's Old Court-House. 438 Goddard's Law of Easements.. Hall's International Law. 238 Jacob's Fisher's Digest, Vol. 4.. 359 Jarman on Wills 178 Kansas Reports, Vol. 23. 79 Kenny's Endowed Charities. 139 Kerr on Injunctions. 139 Landreth on Sale 399 Lascelle's Horse Warranty 519 Lawrence's Droit International 319 McClellan's Surrogate's Court Practice... 238 McCreary on Elections, 378 Massachusetts Reports, Vol. 127. 324 Michigan Reports, Vol. 39. 99 Naar's Law of Suffrage and Elections. 237 Nevada Reports, Vol. 11. 119 New Jersey Equity Reports, Vol. 32.. 2.37 New York Code of Civil Procedure. 280 New York Reports, Vol. 77. 84 New York Reports, Vol. 78. 304 Patterson's Liberty of the Press. 237 Redman's Law of Railway Companies. 60 Rhode Island Reports, Vol. 12.. 78 Saxton's Tax Laws, and Excise Law. 899 Seymour's Carriers of Passengers.. 319 Starkie's Trial by Jury... 438 Texas Court of Appeals Reports, Vol. 7..... 77 Thompson's Charging the Jury. 378 Thompson's Liability of Officers and Agents of Cor. porations.. 459 Throop's Justices' Manual 139 United States Reports, Vol. 100. 110 Weeks on Depositions 438 Wharton's Criminal Evidence 133 Wood's Reports, Vol. 3 878 See Pamphlets and Periodicals. BUFFALO Superior Court Abstracts of cases (see Re cent American Decisions). BURIAL (see Notes of Cases). 437 BAIL (see Current Topics). 68 See Notes of Cases. BANKS AND BANKING: power to purchase notes 462 First Nat'l Bank v. Mason (see Cases in Full). See National Banks, Savings Banks. Alabama (see Notes, Miscellaneous). 141 address of Pres. Bristow, note of.. 421 annual meeting... 102 proceedings of.. 176 New York State. 402 notes of... 402 meeting of Executive Comınittee.. order of business, fourth annual meeting.. 398 subject and regulations for the post graduate prize, for 1890 39 election of Sherman S. Rogers as president BASTARDY (see Notes of Cases). BENEVOLENT SOCIETIES: State of Missouri v. Merchts. Ex. M. B. Soc. (seo Cases in Full). BEQUEST: M&Grath v. Van Stavoren (see Cases in Full). BOSTON Lawyers in the old days. 384 BRAMWELL, Lord Justice, on injuries by co-servants.. 82 BREACH OF CONTRACT (see Contract). BREACH OF PROMISE (see Marriage). BOOKS, notices of new: Abbott's Judge and Jury.. 100 Abbott's Trial Evidence. 39 Alabama Reports, Vol. 62..... 438 CARRIER OF ANIMALS (see Notes of Cases). International & G. N. R. R. Co. v. Halloran (see Cases in Full). Pennsylvania Co. v. Roy (see Cases in Full). See Current Topics ; Notes of Cases. CALIFORNIA Supreme Court Abstract (see Recent American Decisions). See Chinese. Allis v. Leonard. Pleading in action on promissory 28 Baker v. Humphrey. Attorney and client; contract by attorney in fraud of client (Ú. S. S. C.) 51 Blewitt. In the goods of ; interlineation in wills (Eng. Pro. D. & A. Div.) 113 Boston & Col. S. Co. v. Smith. When joint enterprise is not partnership (R. I. S. C.).. 232
PAGE. 314 8 CASES IN FULL- Continued. Bredin v. Dorsey. Vacating judgment founded upon 431 public. Negotiable instrument; holder for value; 453 129 373 establishing amount in dispute (U. S. C. C., N. Y.)... 492 292 412 152 430 229 ant of city against contractor with city for breach of 87 91 at a future time ; contingent remainder (Mo. S. C.). 335 authorize ; evidence ; appeal (N. Y. App.). .[350 not dispute title of its depositor to deposit (Penn. 412 169 171 272 change rules as to debts between members (Eng. 70 413 392 31 329 proof of handwriting ; foreign law; presumptions 367 147 carrier not liable for injury to passenger (Tex. S. C.). 72 293 as to offenses by National bank officers (Penn. S. C.). 293 317 271 amdavit will not protect officer (Mich. S. C.)... 53 110 private water-course by city; assessment ; cloud of 387 against bank by holder of unaccepted check not 110 tion of shares, remedy for illegal ; constitutional 451 diction of Federal courts over suits by States (U. S. 489 349 352 506 bility of railroad company for injury to passenger in 510 249 210 3322 CASES IN FULL-Continued. PAGE. 470 391 270 193 ble for frauds of officers (Penn. S. C.) 212 90 tus of benevolent societies insuring the lives of their 427 crirainal cause on ground of alienage (U. S. C. C., N. H.).. by husband of wife's property; statutory construc- tion; duty of executive from whom fugitive is de- 513 313 311 tected by Federal Const tution (U.S. S. C..... porate shares: liability of corporation for wrongful 153 88 205 109 950 372 and payable in New York for use in another Stato 346 68 374 29 of dead bodies invalid. Chinese religious customs. (U. 131 mariner to port of shipment (U. S. D. C., of single member (Eng: App.)... 314 mony.. (see Cases in Full). California Statute prohibiting fishing, unconstitutional.. 03 In re Wong Yung Quy (see Cases in Full). See Current Topics. See Current Topics. in Full). See Words. Cases in Full; Contract; Marriage ; Treaties). (see Recent American Decisions). Article by Dr. Spear. See Chinese ; Indiana. 9 App.) 463 64, 344 258 PAGE. See Notes of Cases. wood (see Cases in Full). breach of liability of water company to citizen, for to 124 203 363 21 See Notes of Cases. Harpending v. Myers (see Cases in Full). 484 218 119 298 258 479 60 258 20, 120 157, 199, 239 520 460, 499 20 40 340 298, 319 439 419 320, 379 379 419 279, 379, 420 480 258 360, 400 439 279 159 199, 238 277 520 160, 199 360 298 360 479 Ventilation. Clarkson v. Manson (see Cases in Full). 317, 357, 418, 458, 499 82 182 443 See Leading Articles ; Notes of Cases. Castro v. Queen (see Cases in Full). Courts, table of. 402 141, 162 142 81 222 201 381 CURRENT TOPICS -- Continued. PAGE. 281 421 401 821 62 361 121 481 482 422 282 241 41, 61 21 822 502 382 122 401 241 207 502 281 81 81 361 222 341 2 322 862 181 262 141 101 821 41 441 481 221 101 1 501 202 1, 302 201 801 41 281 82 281 61 Natl. Alb. Ex. Bank v. Hill, and Stanly v. Super- 441 462 142 402 461 242 121 2 142 case........ ... 179 505 ory FELONY (see Criminal Law). PAGE. 478 constructive.. See Notes of Cases. GAMBLING (see Notes of Cases). rican Decisions). CURRENT TOPICS-Continued. PAGE, 311 202 401 321 422 801 182 302 41 362 62 Mr. Maury's article 211 42 21 61 181 102 41 361 221 181 121 381 312 HABEAS CORPUS (see Current Topics). on legislative humorists. 6 evidence, admissibility of, by wife against husband in 81 443 without her anthority or consent. See Married Women. 422, 462 2 ILLINOIS Supreme Court Abstract (see Recent Ameri- can Decisions). Court Full). Supreme Court Abstract (see Recent American Decisions). See Current Topics. 6 66 37, 118, 137, 256, 339, 357, 178 See Notes of (118es. State of Missouri v. Merchants' Ex. M. B. Society (see See Notes of Cases. See Leading Articles ; Notes of Cases. Full). Decisions). 407 504 DAMAGES: See Nuisance. reservation of timber in..... See Notes of Cases. Harpending v. Myers (see Cases in Full). In re Eldridge (see Cases in Full), In re Steinman and Hensel (see Cases in full). Kerrison v. Kerrison (see Cases in Full). See Current Topics. 86 66 JOHNES, Edward R., on English and American Bank- ruptcy and Insolvent Laws..., foreign, on substituted service.. Rouissillon v. Rouissillon (see Cases in Full). of actions for injuries to lands situated in a foreign State.. (see Cases in Full). See Notes of Cases. Town of Trinidad v. Simpson (see Cases in Full). 47 EFFECTS of marriage.... 246, 266 Murphy v. Mayor (see Cases in Full). 66 See Current Topics. 164 compelling prisoners to furnish personal, of his iden- 144 364 395 Pooley v. Whetham (see Cases in Full). |
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