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same subject in Hanover on Horses, which cites the English as well as the American cases. If we are to believe Cicero, from whom the present author quotes on his title page, there is after all much more need of such a book in England than in this country, for Cicero said: "Tu qui cæteris cavere didicisti, in Britannia ne ab essedariis decipiaris caveto."

XXI AMERICAN DECISIONS.

CROSS-EXAMINATION.

Editor of the Albany Law Journal:

In Rollwagen v. Rollwagen, 63 N. Y. 504, Wm. H. Arnoux and Wm. A. Beach, for the appellant, maintained that: "The General Term erred in holding that the right of cross-examination is confined to subjects upon which the witness has been examined by the party calling him," citing authorities; yet the judgment in that case was affirmed.

Can you inform me, through the columns of your JOURNAL, considered to be a court of reliable resort, how the law of this State now stands upon that point? Yours, J. B. DALEY.

WINDHAM, N. Y., Dec. 14, 1880.

This volume has cases from 1 Saxton, 1 Halsted, 2 Paige, 4, 5, 6 Wendell, 2 Devereux Law, 1, 2 Penrose & Watts, 2 Rawle, 1, 2 Bailey Law, 1 Bailey Equity, 2, 3 Vermont, 2 Leigh, 3 Stewart, 1 Stewart & Porter, 8, 9 Connecticut, 2 Blackford; and notes on privilege of witness; power of appellate court after remittitur; justification of officer by process; notes payable 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.]

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Judgment affirmed with costs-Maas v. The Missouri, Kansas and Texas Railroad Company and ano: Wehle v. Conner; The Phoenix Insurance Company of Brooklyn v. Floyd.- -Judgment reversed and new trial granted, costs to abide event -. - David v. The Williamsburgh City Fire Insurance Company; Bryan v. Stewart; Baird v. The Mayor, etc., of New York; Haynes v. Rudd; Sparman v. Keim.-Judgment of General Term reversed, and judgment on report of referee affirmed with costs- Church v. Simmons.- -Orders of General Term and Special Term reversed, and an order entered vacating the attachment as against the land embraced in Mrs. Alberger's deed, with costsThe Steuben County Bank v. Alberger. -Order reversed and proceedings remitted to recorder, with directions to proceed and try the prisoner-The People ex rel. Comerford v. Dutcher, sheriff. -Order affirmed, with costs- In re Kendall to vacate assessment.Order of General Term reversed, and judgment of Special Term affirmed, with costs-Josepthal v. Steffen. Motion for reargument denied, with $10 costs - Lord v. Harrison; The Pacific Pneumatic Gas Company v. Wheelock. Motion to amend return denied, with $10 costs-Schultz v. Hoagland.- Appeals dismissed, with costs of appeal, and $10 costs of this motion Stevens v. Glover. -Motion denied, without costs The People ex rel. Egan v. The Justices of the Marine Court of the City of New York.

CORRESPONDENCE.

POWERS OF NATIONAL BANKS.

Editor of the Albany Law Journal:

In your note of cases on the power of banks to purchase notes (ante, p. 462), you say at the end: "This important question ought to be settled, as to National banks, by the Federal Supreme Court." Has it not thus been settled, practically, by the decision of the United States Supreme Court in The Union National Bank, Skinker et al. v. Matthews, October term, 1878, 19 Alb. L. J. 132? The effect of that decision, as I understand it, is that a private person has no right to set up in defense the assumption by a bank of a power not conferred, or prohibited (which is the same thing), but that "the sovereign alone can object; " the government must exact a forfeiture of the charter, obtain judgment of ouster, etc., and "a private person cannot, directly or indirectly, usurp this function of the government." Respectfully yours,

J. KOPELKE. CROWN POINT, INDIANA, Dec. 14, 1880.

MR.

NOTES.

R. NATHANIEL C. MOAK, of this city, has issued a complete and useful Subject Index of Elementary Law Books, used by him in his lectures to the Albany Law School, class of '81, on Books, their Selection and Use. Mr. Moak indicates which he regards as best, second best, and third best. No one is better fitted to advise on this subject than Mr. Moak, and the Index will be useful to every student and lawyer. F. D. Linn & Co., of Jersey City, publishers of the Criminal Law Magazine, Jarman on Wills, and other admirable issues, have put forth an edition of Fielding's Novels, in four volumes duodecimo, at $7. The book is elegantly printed and bound, and has reproductions of Cruikshank's famous illustrations. The page is one of the fairest we have ever seen. Fielding is one of the half dozen greatest masters in English literature, whose works can never grow obsolete, but must have a constantly-increasing value as faithful and vivid pictures of his time. Amelia is one of the strongest, sweetest and sincerest novels ever written. Every lawyer should read Fielding, for he was himself a lawyer and a useful magistrate. It is much better to resort to this grand and genuine old master than to devour such namby-pamby stuff as Endymion. Fielding 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 a modern society novel, like one of Ouida's, or in a modern play, like Frou Frou, or a modern opera, like La Traviata, than in all of Fielding's works, while there is in these modern works no healthy counteracting air like that which blows on every page of England's "prose Homer."

Debenham v. Mellor, respecting a wife's right to pledge her husband's credit for necessaries (see 21 Alb. L. J. 344), has been affirmed in the House of Lords.

Lord Justice Coleridge succeeds Sir Alexander Cockburn as lord chief justice of England. This appointment was expected, and we believe gives satisfaction. It is said that Lord Justice Blackburn was conspicuously absent from the late lord chief justice's funeral. Lord Penzance was also probably absent. The Chicago Legal News says that the Illinois Supplement of the North Western Reporter has been discontinued for want of patronage. We can easily appreciate the difficulty when the Illinois reporter issues advance sheets and the News publishes head-notes very promptly. Still it was a good enterprise, and we are sorry it has not been successful.

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430

229

87

171

272

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Resh v. First Nat. Bank. National banks; when lia-
ble for frauds of officers (Penn. S. C.)
Roussillon v. Roussillon. Contract in restraint of
trade; foreign judgment (Eng. Ch. D )......
Short v. Balt. C. P. Ry. Co. Removal of snow by
street railway company (Md. App.)...
90

314

212

State of Missouri v. Merchants' Ex. Mut. B. Soc. Sta-
tus of benevolent societies insuring the lives of their
members (Mo. S. C.).....

453
Castro v. Queen. Cumulative sentences (Eng. App.).. 448
Chesterman v. Eyland. Investment of funds brought
into court (N. Y. App.)

129

373

292

Chicago & N. W. Ry. Co. v. Oconto. Town must con-
sist of contiguous territory (Wis. S. C.)
Clarkson v. Manson. Removal of cause; counter-claim
establishing amount in dispute (U, S. C. C., N. Y.)... 492
Commonwealth ex rel. Torrey v. Ketner. Jurisdiction
of State courts as to offenses by National bank officers
(Penn. S. C.)
Cook v. Johnson. Restraint of trade; agreement not to
follow calling within specified limits (Conn. S. C.) 412
Croft v. Richardson. Injunction of publications inju-
rious to trade; jurisdiction (N. Y. $. C.)..........
Cronin v. People. Municipal corporations; regulation
of slaughter-houses (N. Y. App.).
D'Arusmont v. Jones. Administration upon estate of
living persons void (Tenn. S. C.)

Davis v. Clinton Water-Works Co. Action by inhabit-
ant of city against contractor with city for breach of
contract (Iowa S. C.).

Debenham v. Mellor. Purchases by wife on husband's
credit (Eng. App.)

152

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DeLassus v. Gatewood. Devise to children to be alive
at a future time; contingent remainder (Mo. S. C.). 335
Eldredge, In re. Disbarment of attorney; what will
authorize; evidence; appeal (N. Y. App.).
.[350
First Natl. Bank of Lock Haven v. Mason. Bank may
not dispute title of its depositor to deposit (Penn.
S. C.)

412
Forbes v. Omaha National Bank. Commercial law;
notice by mail of dishonor of bill (Neb. S. C.).... 169
Ginesi v. Čooper. Sale of business and good-will (Eng.
Ch. D.).

Goodman's Trusts, Re. Conflict of law; legitimacy of
children born abroad (Eng. Ch. D.)...

State of New Hampshire v. Grand T. Ry. Removal of
criminal cause on ground of alienage (U. S. C. C., N.
H.)..

427

493

State of New Jersey v. Nugent. Malicious destruction
by husband of wife's property; statutory construc-
tion (N. J. Q. S.)...

411

State of North Carolina v. Perry. Inter-State extradi-
tion; duty of executive fom whom fugitive is de-
manded (D. C. S. C.)

513

Steckel v. First Nat. Bank. National banks; when lia-
ble for frauds of officers (Penn, S. C.)...
Steinman and Hensel, In re. Disbarring attorney for
libel on judge (Penn. S. C.)...

313

311

Stone v. Mississippi. Lottery grants not contracts pro-
tected by Federal Const tution (U. S. S. C.)....
Strange v. Houston & T. C. Ry. Co. Transfer of cor-
porate shares: liability of corporation for wrongful
issue of certificate (Tex. S. C).....
Thompson v. Hickey. Mortgage of cemetery lots inva-
lid (N. Y. S. C.)..

8

153

88

Thorley's C. F. Co. v. Massam. Deceptive use of one's
own name in trade (Eng. App.).

305

Town of Trinidad v. Simpson. Ignorance of English as
affecting qualification of juror (Col. S. C.)
United States v. Coppersmith. Felonies under Fede-
ral laws (U. S. C. C., Tenn.).

409

250

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Walker v. Walker. Right to strike out answer for
contempt in action for divorce (N. Y. App.).
Wayne Co. Savings Bank v. Law. Usury; note made
and payable in New York for use in another State
(N. Y. App.)

372

346

392

31

Webber v. Townley. Right of individuals to inspect
and copy public records (Mich. S. C.).
Westerfield, Ex parte. Sunday laws affecting one class
only, invalid (Cal. S. C.).

68

374

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Williamson v. Chic. R. I. & P. Ry. Co.
as against public policy (Iowa S. C.)
Wong Yung Quy, In re. State laws regulating removal
of dead bodies invalid. Chinese religious customs. (U.
S. C. C., Cal.)..

Contract void

29

131

Indiana Constitutional Amendments. Matter of; rati-
fication by people (Ind. S. C.)...

147

International & G. N. R. R. Co. v. Halloren. When
carrier not liable for injury to passenger (Tex. S. C.). 72
Lazarus v. Andrade. Mortgage of subsequently ac-
quired personal property (Eng. C. P. D.).
Luberg v. Commonwealth. Jurisdiction of State courts
as to offenses by National bank officers (Penn. S. C.). 293
McCleary v. Ellis. Conditions in deeds restricting
alienation (Iowa S. C.)...

Worth v. Lioness. Maritime law, duty of ship-owner
to return mariner to port of shipment (U. Š. D. C.,
Mo.)....

494

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293

347

McGrath v. Van Stavoren. Bequest of bonds does not
include overdue coupons (N. Y. C. P.)...
Matthews v. Densmore. Attachment on insufficient
affidavit will not protect officer (Mich. S. C.)....
Mayor of London v. Riggs. Right of way by necessity
(Eng. Ch.)..

Zeigler v. First Natl. Bank. National banks, when lia-
ble for frauds of officers (Penn. S. C.)
CEMETERY, Thompson v. Hickey (see Cases in Full).
CHAPIN, J. B., M. D., on Experts and Expert testi-
mony..

314

395

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Murphey v. Mayor. Eminent domain; diversion of
private water-course by city; assessment; cloud of
title; illegal tax paid under compulsion (Del. E. and
App.)
Natl. Bank of Brockville v. Second Natl. Bank. Action
against bank by holder of unaccepted check not
maintainable (Ind. S. C.)...

387

California Statute prohibiting fishing, unconstitutional..
In re Wong Yung Quy (see Cases in Full).

CIRCUIT LIFE, decline of

CIVIL DAMAGE ACT (see Notes of Cases).
COCKBURN, Lord Chief Justice..

See Current Topics.

110

CODE, opponents to..

407

468

294

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Natl. Exchange Bank v. Hills.

National banks; taxa-
tion of shares, remedy for illegal; constitutional
law (U. S. C. C., N. Y.)...
New Orleans, M. & T. R. R. Co. v. Mississippi. Juris-
diction of Federal courts over suits by States (U. S.
S. C.)..

See Current Topics.

451

COMMON CARRIER (see Carrier).

489

Olive Cemetery Co. v. Philadelphia. Exemption of
cemeteries from taxation (Penn. S. C.)

349

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COMMERCIAL LAW, Forbes v. Omaha (see Cases
in Full).

COMMON WORDS, legal definition of............ 64, 344
See Words.

CONFLICT OF LAWS, Re Goodman's Trusts (see
Cases in Full; Contract; Marriage; Treaties).
CONFLICT of Treaties and Laws..

CONNECTICUT, Supreme Court of Errors Abstract
(see Recent American Decisions).

State Registration Act when unconstitutional..
In re Wong Yung Quy (see Cases in Full).

Nat'l Exchange Bank v. Hills (see Cases in Full).
New Orleans M. & T. R. R. Co. v. Miss. (see Cases in Full).
See Chinese; Indiana.

226

126

325
43

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