« AnteriorContinuar »
Plaintiff had for many years used as a trade-mark for
RECENT BANKRUPTCY DECISIONS. labels upon packages of mustard manufactured by
ASSIGNABLE CLAIM. them the symbol of a bull's head, and this symbol had
1. Claim against government: practice.-A claim in not been previously used for the same purpose by any
favor of the bankrupt against the government will other person. Held, to entitle plaintiffs to protection
pass to his assignee. A description in the schedule of in its exclusive use and to an injunction against defend
assets of a claim for the burning of cotton in the eneants, restraining them from adopting and using for
my's country during the war, as against the officers labels upon packages of mustard a similar symbol, and
who destroyed the same, is substantially a statement that the fact that the head upon defendants' labels
that the claim is one against the government. Sup. was not precisely like that upon plaintiffs', but was a
Ct., Dist. Columbia. Phelps, assignee, v. McDonald, colorable imitation, and that the same trade-mark had
16 Nat. Bankr. Reg. 217. been used by others upon other kinds of manufactured
2. Worthless claim : practice: jurisdiction.-Where articles was no defense. (Congress, etc., Spring v. High
a claim is marked in the schedule as worthless, tho Rock Spring, 45 N. Y. 291; Newman v. Alvord, 51 id.
validity of a sale of the assets, including such claim, 189; Millington v. Fox, 3 M. & C. 338; Knott v. Morgan,
is not affected by it afterward becoming valuable. A 2 Keen, 213; Leather Cloth Co. v. Am. L. C. Co., 11
bankrupt who has received his final discharge is entiH. L. Cas. 523; Cransey v. Thompson, 4 M. & G. 356;
tled to his future acquisitions, and may use them to Canal Co. v. Clark, 13 Wall. 311.) Judgment below
purchase his former assets on a sale thereof by the asaffirmed. Coleman v. Crump. Opinion by Allen, J.
signee. The bankrupt court has no jurisdiction over [Decided Oct. 2, 1877.]
property of the bankrupt in foreign couutries, and
cannot compel an assignment thereof by him. Ib. BENCH AND BAR.
Discharges debts created by fraud.--Provable debts, Henry B. Northrup, a prominent member although created by fraud, are discharged by a comof the Washington county, N Y., bar, died at his resi position in bankruptcy. Sup. Ct., New Hampshire. dence at Sandy Hill, last week. His age was 73 years.
Wells v. Lamprey, 16 Nat. Bankr. Reg. 205. Ex-United States Senator Foster of Nor
EXECUTION. wich, Conn., has begun a course of lectures to the When valid against proceedings in bankruptcy.-In senior class in the Yale Law School on “Parliamentary Law and Methods of Legislation.”
Colorado the delivery of an execution to the sheriff
constitutes such a lien upon the debtor's property as Chief Justice W. B. Draper, of the Prov will be valid against proceedings in bankruptcy filed ince of Ontario, who died recently at the age of 77 |
after such delivery, but before a levy is made. U.S. years, was the first president of the Toronto Cricket
Circ. Ct., Colorado. Bartlett, assignee, v. Russell, 16 Club and a player in its eleven.
Nat. Bankr. Reg. 211. A writer in an English newspaper thus
JUDGMENT. describes the late Samuel Warren's first appearance at
Testing validity of : examination of docket.- In ascerthe bar: “I observed sitting near the witness box, oppo. taining the validity of the docket entry of a judgment site to the judge, a restless Jewish-looking little man,
the whole entry is to be looked at, and if from the very pale in the face, but with eyebrows exceedingly dark and expressive. He applied a pair of gold hand
whole the amount and date of the judgment, the parspectacles to his eyes, looked at the judge, afterward at ties and the court in which it was rendered appear, à portrait of George the Third which hung above the the entry is sufficient. While a judgment record canjudge, and then quickly removed the spectacles from his nose. They dangled on his chest for an instant,
not be resorted to in order to supply omissions in the then he put them to his eyes again, and inspected the docket entry, it may be examined to test the validity jury on his left. He took the glasses once more from of such evidence. U. 8. Circ. Ct., Oregon. In re his nose, held them between his finger and thumb,
Boyd, 16 Nat. Bankr. Reg. 204. raised them a third time to his eyes and looked inquiringly round the court. Such was Samuel Warren,
PREFERENCE. with nothing to do, in his first appearance in the Guild
1. Notice to creditors of insolvency: what constitutes hall, Newcastle."
knowledge of insolvency: oral promise to give security. Warren amounted in Parliament to no more -Where the bankrupt at the time of giving a mortthan his famous character “Tittlefat tit-mouse." In gage, in pursuance of a previous agreement, to secure fact.he did not do as well, for “Tittlefat" once defeated
a pre-existing debt, requests the creditor to permit the opposition by imitating a rooster, and became temporarily famous thereby. The writer says: “The roll
him to secure other creditors in such instrument, is very long of lawyers who have failed in the House such request is notice of the existence of such credof Commons. With training, self-possession, and itors and of the bankrupt's inability to pay them. A doubtless in many instances, earnest ambition, it seems a strange chapter in our intellectual history that
creditor who has obtained a preference is chargeable practicing lawyers do not succeed in obtaining the
with knowledge of facts, the existence of which he attention of Parliament. There are splendid excep could have ascertained by the slightest effort. It is tions, but these exceptions prove the rule absolutely.
not necessary that the creditor should know that the Warren was certainly no exception. No legislation owes its origin to him; and nobody remembers any
law prohibits him from taking the preference; it is speech he delivered. It might have been supposed that enough if he knows such facts and circumstances as so vigorous and so racy a writer would have said or bring it within the prohibition of the law and make done something worthy of record. He voted steadily
it a fraud in legal contemplation. An oral promise, with Mr. Walpole and his party. On one occasion somebody propo l a committee to investigat ques
made at the time the debt is contracted, to give setion appertaining to an extension of the suffrage. curity if required, cannot be executed after the debtor Warren rose and said, 'What a preposterous thing, to
has become insolvent. U. 8. Dist. Ct., California. refer the British Constitution to a select committee! I shall go no further in dealing with a proposition so
Lloyd, assignee, v. Strobridge, 16 Nat. Bankr. Reg. ridiculous,' and Samuel Warreu resumed his seat." 197.
2. Accepting chattel mortgage.- Where a creditor ac plaint in such an action must show the want of aucepts and records a chattel mortgage, correctly de thority. Ib. Decided June 2, 1877. scribing the note secured, in place of a prior unre
RAILROADS. corded mortgage incorrectly describing such note, Fencing against cattle: contributory negligence. such transaction does not constitute an illegal prefer
| If a railway company fences its track in the manier euce, but is a simple exchange of securities. U. S. required by statute, and such fence afterward becomes Dist. Ct., Missouri. Player, assignee, v. Lippincott, 16
defective, an action against the company for injuries Nat. Bankr. Reg. 208.
to horses or cattle straying upon the track through
such defective fence cannot be maintained if it apRECENT AMERICAN DECISIONS.
pears that the owner of the animals was guilty of con
tributory negligence. Brown v. Railway Co., 21 Wis. SUPREME COURT OF WISCONSIN.*
39, as to this point, overruled. Whether contributory
negligence would be a defense where the company had FORCIBLE ENTRY AND DETAINER.
entirely failed to fence its track, is not here decided. 1. What constitutes : entry without forcible violence. Jones v. S. & F. du L. R. R. Co. A, with the aid of six or eight men, hastily tore down a part of the fences around a lot which had been for a
BOOK NOTICES. year and a half in the peaceable possession aud occupation of B, and with great haste moved thereon a
Bliss' ANNOTATED CODE. shop, in the absence of B and his family from his
The New York Code of Civil Procedure, as amended in 1877,
with Explanatory Notes, showing the changes intropremises, and without personal violence or intimida duced thereby, together with those portions of the tion toward any person, but without the consent of
former Code of Procedure still in force, and the Tem
porary, Suspending and Repealing Acts, with Notes of B. Held, that the jury were warranted in finding a Judicial Decisions on Pleading, Practice and Evidence. forcible entry. Steinlein v. Halstead.
By George Bliss. New York: Baker, Voorhis & Co.,
1877. 2. Forcible detainer.-B afterward went to the shop, which was occupied by A with several workmen, and
IV HAT “ Voorhies’ Code" has been, Bliss' (ode informed A that he had taken possession unlawfully,
V will be, to the profession of this State. Not that and requested him to remove without delay; and A
| it would be possible under the ordinary circumstances answered that "no one could get him away unless he
for a new adventurer in the field of law-book-making were forced to go by law.” Held, that tbis language to reach, at one bound, the excellence that John imported that A would resist by force all attempts to
Townshend gave to his work through twenty years of remove himn except through legal process; and war
careful collation and revision; but here the new Code ranted the jury in finding a forcible detainer. (Carter
is the heir, as well as the successor, of the old, and has v. Van Dorn, 36 Wis. 289, distinguished.) Ib. Decided
its wealth and wisdom on which to build a new fortune. Sept. 25, 1877.
Mr. Bliss says in his preface: “In the notes upon MUNICIPAL CORPORATION.
judicial decisious rendered prior to 1870, I have made
free use of the notes of John Townshend, Esq., to what 1. Notice to, of defective sidewalk.-In an action for
is known to the profession as Voorhies' Code." Yet injuries to plaintiff's person caused by her stepping
Mr. Bliss has been no simple borrower, for he adds: through a hole in the sidewalk of the defendant city,
“I have, however, gone back to the original reports, where there was evidence that the walk was on one of
not only as to the cases bearing upon the very numerous the principal thoroughfares of the city, and that the
subjects not embraced in the old Code of Procedure, but hole had existed there for several months, this was
as to those covered by it. As to the cases published sufficient to warrant the jury in finding the city
since 1870, the notes are, of course, entirely new. I chargeable with notice of the defect. Hull v. City of
have given to such cases, especially to those in the Fond du Lac. Decided Sept. 11, 1877.
Court of Appeals, particular atteution." As the old 2. Not liable for change of grade of street.-In the
Code contained but 473 sections, and the new Code absence of a statute creating such liability, a munici
contains 1496, Mr. Bliss has had a wide field for origpal corporation is not liable for damages resulting from
inal investigation. an authorized change in the grade of a street, made
Of some of the special features of this work the with reasonable skill and care. Dore v. City of Mil
author speaks as follows: “I have briefly iudicated waukee.
the source from which each section of the text is de3. Liability for unauthorized acts. In case of inju
rived, and have pointed out the essential changes, il ries to a city lot from the alteration of the grade of a
any, made by it. Where uew words or sentences are street made pursuant to an unauthorized or illegal or
introduced into an existing section, with the effect of der of the city council, the city is liable in an ordinary
changing or throwing light upon its meaning, I have civil action for damages. The charter also provides
indicated them by printing the new mattter in italics. that the damages to a lot-owner caused by such an al
The text of this edition is printed from the standteration in the grade of a street shall be ascertained
ard text of the Code filed with the Secretary of State, by means of an assessment made by the board of pub
and is, we presume, literal, although there is certifilic works and confirmed by the council; gives the lot
cate of neither Secretary nor Commissioners. While owner the right of appeal to the Circuit Court from
the text is printed in unbroken lines, the editor 3 such assessment, and declares that “no action at law
notes are printed in two columns - a typographical imshall be maintained for such damages or injuries." Ch. 7, § 12. Held, that where the grade of a street in
provement on Voorhies’ Code, since long lines in fine
type are difficult to follow and trying to the eye. said city is changed pursuant to an order of the council not authorized by the charter, damages are still re
Much as we had been led to expect in this Code, we
confess to some surprise. The deed equals, if it does coverable in an ordinary civil action; but the com
not outrun, the promise; and seems to be far beyond • To appear in 42 Wisconsin Reports.
the possibility of a summer's work. The notes al
very full and comprehensive, and display great indus- | gift, and it could not be set aside as being founded on try and research, as well as much care in statement an immoral consideration. Gise v. Commonwealth, p. and method in arrangement. The unrepealed sections 428: In an indictment for bigamy, it is not necessary of the old Code are given and are fully annotated. to prove cohabitation with the second wife. Kim
In matter and manner, in contents and mechanical merer v. Tool, p. 467: Mere passive non-resistance to execution, this volume is well worth the price which regular legal proceedings will not constitute a preferthe publishers have put upon it.
ence under the bankrupt law, though the creditor knew the insolvency of the debtor, nor will conseut
ou the part of the debtor to au amicable action, or reP. F. SMITH'S REPORTS, VOLUME XXXI.
vival which does nothing beyond passive non-resistPennsylvania State Reports, comprising cases adjudged in the Supreme Court of Pennsylvania. By P. Frazer
ance, amount to a preference. The volume is fairly Smith, State Reporter. Vol. XXXI. Containing cases indexed, and well printed and bound. argued at January term, 1876. Philadelphia : Kay & Brother, 1877. This is the final volume of the series of reports pre
BURROUGHS ON TAXATION. pared by Mr. Smith, Mr. Norris having commenced
A Treatise on the Law of Taxation as Imposed by the States with volume 82 in the official numbering. Mr. Smith has and thcir Municipalitics, or other Subdivisions, and as Echeld the position of State Reporter for a long time,
ercised by the Government of the United States, Particu
larly in the Customs and Internal Revenue. By W. H. Burand has performed its duties satisfactorily to the pro roughs. New York: Baker, Voorhis & Co., 1877. fession and the courts. The present volume equals, in The subject of taxation is one of growing importevery respect, its predecessors, and contains a number ance, uot only to the legal profession but to all classes, of cases of general interest, among which we notice for every individual is, under the operation of the these: Derbyshire's Estate, Lang's Appeal, p. 19: A various methods in which the public revenue is raised, vessel in the stocks, before coming under the domin compelled to contribute something thereto. The peoion of admiralty lew, does not differ from other per ple of this country have had the peculiar advantage, if sonal property, and no title papers are necessary in
it may be called one, of experiencing every method of the absence of special contract. Schenck v. Uber, p. taxation which the ingenuity of governmental author31: The engine, machinery and cage constituting an ities has yet devised. Therefore, a treatise upon the elevator are realty when put in by the owner as a part subject of taxation, which undertakes to embrace the of his building. Ashburner v. Parrish, p. 52: Plaintiff, | provisions of law in force in this country in reference who was in the employ of defendants, entered into a to that subject, in its various phases, national, State, contract with the United States in his own name, but municipal and local, must cover a very wide field. for their benefit, and they became his sureties. Held, That the work before us does so may be seen by this that the contract was against public policy and void, analysis of its contents. It begins with a consideraand plaintiff could not recover from defendants com tion of the power of the State to tax and the limitapensation for procuring it. Philadelphia v. Scott, p. 80: tions upon that power arising from its nature, and The State may improve the space between high and from limitations in the constitutions of the State and low-water mark upon tide-waters, without compensa of the United States. Special chapters are given to tion to the owner of adjoining land, and may bank the sub-heads of license taxes, taxation of corporations out the water from his land. De Haven v. Kensington and exemptions from taxation. Then follows the asNut. Bank, p. 95: A mau dressed as, and pretending sessment and collection of taxes, including the sale of to be a policeman, by imposing upon the officers of a land for non-payment. Municipal taxation, or taxation bank, obtained access to the bank and robbed it. by the subdivisions of a State, is treated in the same Held, that the bank officers were not guilty of such
manner -- first the limits upon the power and then negligence as would render the bank liable for valu
upon its mode of exercise - special attention being ables gratuitously kept in its safe. Reserve Mut. Ins.
given to the important and vexed questions growing Co. v. Kane, p. 154: A child has an insurable interest out of municipal bonds and local assessments. Fedein the life of a parent. Abrahams v. Cooper, p. 232: In ral taxation is next treated in a similar manner, the an action for false imprisonment, sufferings from in coustitutional questions involved in its exercise being sufficient food and covering may be proved, aud first disposed of and the details connected with the that such sufferings resulted from the neglect of the every-day enforcement of the laws being then conpublic officers will not relieve defendant. Mountsidered. The work is brought down to January, 1877, Moriah Cemetery Assoc. v. Commonwealth, p. 235: A and an appendix gires such cases as are worthy of by-law of a cemetery association forbidding burials in notice decided between that time and August 1, 1877. the cemetery without a permit from the secretary, 1 Our readers are not entirely unfamiliar with Judge held not to abridge the rights of a lot-owner who pur | Burroughs' work, as we have, from time to time, chased before the adoption of the by-law. Bunting's printed extracts from advanced sheets thereof, but Administrators v. C. & A. Railroad Co., f. 254: A cor- a just estimate of this volume can only be forined poration bund, payable to bearer, may be sued in the upon au examination of it as a whole. As a legal pame of the holder. Houseman v. Girurd M. B. and author he has displayed ability of the first order. L. A880., p. 256: The recorder of deeds is liable for a
The various divisions of the subject, as will be seen false certificate of searches, but only to the party who | above, are systematically arranged, the statements of asks and pays for the certificate. Miners' Trust Co. v. principle appear to be clear and accurate, and the Rosebury, p. 309: Payment of usury is not necessarily
citations of reported cases we believe embrace every fraudulent as to creditors. Gisaf v. Neval, p. 354: A thing of value. The volume covers, exclusive of the man who had seduced a female, and induced her to index and tables of cases, over seven hundred closely submit to an abortion, thereafter, with the avowed printed pages. The index to the work is excellent; purpose of compensating her for her sufferings, gave the table of cases cited is carefully prepared, and the her money to buy her a house. Held, an executed' book is well printed and bound.
CRARY'S SPECIAL PROCEEDINGS.
upon the statutes of New York, it also discusses with
great fulluess the legal aspects of insanity at common In justice to both the author and publishers of this
law and in equity, and in such a way as to adapt it to work we should have made the following quotation
the jurisprudence of all the States. The subjects of from the Preface to the Fifth edition in our notice last
Contracts of persons of unsound mind, Testamentary week, and would have done so had we noticed it:
Capacity, Testimonial Capacity and Criminal Respon. “The text of the two editious (second and fifth) are sibility are treated with greater discrimination and substantially the same; the difference in the editions
thoroughness, we venture to assert, than in any other being mainly in the Supplements; in which are uoted all the recent decisions and alterations in the prac.
work extant, English or American. tice, including those made by the New Code of Civil Procedure."
The Journal of Jurisprudence and Scottish Law This statement entirely removes any appearance of Magazine, for November, contains the following ardeception, and fairly notifies the purchaser of the ware ticles: Professor Lorimer's introductory lecture to he is getting - an honesty not always paralleled in the the class of public law in the University of Edinburg “new” editions of the times. I
on the ethics of the Koran; International general But, after all, the edition is not what we had a right | average; the continued article upon Procurators Fisto expect from Mr. Crary. We have always looked cal; Statutes of 1877 affecting Scotland; The position upon his work as one of exceptional value. Such it of masters of the public schools under the recent eduhas been, and such it should be made to be now. | cational acts applicable to Scotland. The number Much of the law relating to Special Proceedings has contains but little of interest to the profession in this been revised, and something more is needed tban a country.— The Taxation of Personal Property is the “ supplement” to each chapter.
subject of a pamphlet treatise, written by Johu H Ames, one of the commissioners to revise the laws of
Nebraska, and published by Mills & Co., of Des Moines, COURT OF APPEALS DECISIONS. lowa. The subject of taxation is very carefully conTHE following decisions were handed down on Tues
sidered, and the evils attendant upon the system at 1 day, November 13, 1877:
present in vogue are very strongly dwelt upon. The
pamphlet should be read by every tax payer. Judgment affirmed, with costs – Wisner v. Ocumpaugh; Pierce v. Pierce; MacAuley v. Potter; Parrott v. Colby; Rose v. Baldwin; Christie v. Gage; The case of Chanveleau v. Fay, decided last week in Payne v. Hodge; Barkley v. Rensselaer and Saratoga the New York Court of Common Pleas, involved a R. R. Co.; Mumby v. Jackson.— Order aflirmed, question of practice under the new Code. It was a with costs – Crocker v. Whitney; In re National Bank motion to strike out a demurrer as frivolous. The of Genesee v. Bostwick; People ex rel. Slavin v. Wen- | court thus states the question: "The answer set up as dell; Jones v. Welwood; Thomson v. Taylor; Iu re new matter by way of avoidance, that plaintiff had Thompson, a creditor:- Appeal dismissed, with sold and assigned the claim in dispute prior to the costs — People ex rel. Richardson v. County Court of commencement of the action. To this a reply is inSt. Lawrence county; In re Security Life Ins. Co. on terposed deuying each and every allegation set up in application of Miller v. Wickham.- Judgment af the answer as new matter by way of avoidance. I firmed, without costs to either party as against the think the reply is sufficient within the meaning of other in this court - Loden v. Hatfield.— Order sections 514 and 516 of the Code. It may contain affirmed and judgment absolute for plaintiff on stipu- either a general or specific denial. The answer alleges lation, with costs - Outhank v. Lake Shore R. R. Co. an assignment of the claim by plaintiff prior to the
- Order affirmed and judgment absolute for defend- suit. This is denied in general terms by the reply, ant on stipulation, with costs — Ralph v. Brooklyn followed by an averment that plaintiff was the owner City R. R. Co.-- Judgment reversed and rehearing of the claim at the time the suit was brought. Plainordered - Pollock v. Pollock.- Judgment of Gen tiff had set forth the fact and should uot be required eral Term reversed and judgment of County Court to plead the avoidance of the fact. The motion to affirmed, with costs - Mynard v. Syracuse, Bingham- | strike out the demurrer to the reply as frivolous ton, etc., R. R. Co.- Judgment reversed and new should be granted." - George, the Count Joannes, trial granted, costs to abide the event -- White v. moved, the other day, for an order of arrest against Miller; Nash v. Mitchell; Dyer v. Erie R. R. Co. the actor Sothern. His papers were voluminous, but Order reversed and application denied, with costs — the court refused the motion on the ground that they Palmer v. Foley.
The Supreme Court of Pennsylvania, on the 12th
inst., announced its decision in the case of the atMR. JOHN D. PARSONS, JR., has in press a “Com- tachments for Governor Hartranft, and other State NI mentary on the Lunacy Laws of New York,” by officials, and General Brinton, to appear before the John Ordronaux, LL. D., State Commissioner in Lu- | grand jury and testify concerning the riots. The denacy, which will literally “fill a want that has long cision of Judge Kirkpatrick, granting the attachments, been felt," as the publishers usually phrase it. Mr. is reversed. The Chief Justice said, in announciug Ordronaux has no superior in this country as an au- this as the decision of the majority of the court, that thority on the jurisprudence of insanity, theoretical | no opinion could be delivered at present for want of or practical. To him New York is indebted for hav- time; but he directed the prothonotary to enter the ing its lunacy laws reduced from chaos to a wise and judgment of the lower court as reversed. This reliberal system. The title of the book hardly indicates | lieves the State officials from embarrassment, and its wide scope, for while it embraces commentaries | from having to reveal State secrets.
All communications intended for publication in the LAW JOURNAL should be addressed to the editor, and the name of the writer should be given, though not necessarily for publication.
Communications on busir.ess matters should be addressed to the publishers.
port, unlawful, the court refuses to make a decree of restoration, on the ground that it might be injudicious to disturb the present state of things in the congregation. This would appear to be giving the successful party a somewhat worthless judgment, but it is probably the best that can be done for him at the present time.
The Albany Law Journal.
Very little new business of interest to the profession ALBANY, NOVEMBER 24, 1877.
has been transacted in Congress during the past week.
We have only to note the introduction in the Senate . CURRENT TOPICS.
of a joint resolution amendatory of the Federal ConTHE annual meeting of the State Bar Association, stitution, providing for a tribunal for the decision
on the 20th inst., had a fair representation of of contested issues arising in the choice of electors members from all parts of the State. The addresses of President and Vice-President of the United were few and brief, and the exercises were in the States. The resolution provides for the appointmain routine. The reports of its officers seem ment by the governor of each State of a body of to indicate that the Association is placed upon lawyers, who are to determine all disputes in relaa permanent basis, both socially and financially. tion to presidential electors in such State. The The roll of active membership, though not as large ways and means committee in the House have apas it should be, is sufficient to authorize the organi- | pointed a sub-committee, who are directed to prezation to assume to represent the whole legal profes- | pare a bill, creating a new revenue system. This sion, and its action in any given matter will with sub-committee are holding daily meetings, and out doubt be indorsed and aided by the bar gener- expect to continue at their work until their bill is ally. A few subjects of practical importance were perfected, which will not be before the middle of brought before the meeting and referred to appro January next. priate committees. The time for discussion of the various matters presented was necessarily brief,
| We are sometimes unfortunate in this country in and only those concerning which there could be no
the selection of our higher judicial officers, whether essential difference of opinion were disposed of.
| elected or appointed. Men who should not occupy The address of Judge Porter, the President of the
the bench sometimes get there. When such an unAssociation, which appears elsewhere in our present
fortunate event happens we express our regret, but number, will be perused with interest by every
submit, and try to make the best of it. Oftentimes reader of the Law JOURNAL. The old officers were
the man whom we disapprove of turns out to be an in the main elected.
excellent judge, and if he proves otherwise we are
not disappointed, and put up with his short-comings, The Court of Common Pleas of Lycoming county, considering the existence of such a judicial officer Pennsylvania, have just decided a case which has as a necessary evil connected with our system. excited considerable attention among the Roman | Most of us, however, under such circumstances, Catholic population of Pennsylvania, and involves secretly wish that the English system of selection, an interesting question of ecclesiastical law and its which is supposed to be a sort of "survival of the relations to municipal law. Some six or seven years fittest” plan, could be adopted here. Under that ago a parish priest named Stack, ministering in a system, as it is understood, both here and in Engchurch at Williamsport in the State mentioned, was land, a superior judicial position is always filled by removed by the bishop of his diocese, forbidden to one among the inferior judiciary, who has displayed exercise the priestly function in that place, and the greatest legal learning or ability, or having the transferred to a church in Athens, in the same State. | longest judicial experience. But that the choice is The bishop gave no reason for his action, and the not always determined by such reasons is evidenced priest refused to obey him, claiming that he could by the recent appointment of a judge of the Court not, under the canon law of his church, as a parish of Appeal, which was mentioned by our English priest, be removed without cause or hearing. The correspondent in our last issue. The present Tory priest appealed to the civil courts for redress, and leader, some years ago, for the purpose of favoring the case has been in litigation ever since. The a friend and supporter, conferred a high judicial court has now decided in favor of the priest, hold- office where it did not belong. This alienated the ing the removal unwarranted by the canon law, con- friends of the one who should have received the trary to the law of the land, and prejudicial to the position, and, to win back their friendship, he has rights of citizenship. But while declaring the re-advanced the son of that one to another high posimoval of the priest, and the prohibition forbiddingtion before his time. This is the explanation of the him to exercise any priestly authority in Williams- I appointment of Mr. Thesiger as judge of the Court
Vol. 16.— No. 21.