140. MECHANIC'S LIEN-Notice-Statute-Construction. -Construction of Pennsylvania statutes, relating to giving notice of mechanics' liens in Lancaster county and in other counties of that State.-Best v. Bannergardner, S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 691.

141. MECHANIC'S LIEN-Pleading. A complaint to foreclose a mechanic's lien which avers that a third person had a contract to erect a building on the lot and that plaintiff had done work for such contractor is insufficient.-Adams v. Buhler, S. C. Ind., Oct. 13, 1888; 18 N. E. Rep. 269.

142. MECHANIC'S LIEN-Procedure

Description.

Where the

146. MINES-Location - Description. notice of location of a mine states that the boundaries are marked by substantial posts or monuments of stone at each corner, and the mine is about one-fourth mile from P canon, the sufficiency of the description by referenɔe to natural objects or permanent monuments is for the jury.—Flavin v. Mattingly, S. C. Mont., Sept. 15, 1888; 19 Pac. Rep. 384.

146. MINES-Mining-Lease-Construction-Burden of Proof. Where the lessee of mineral lands agrees to prospect for minerals, and covenants that if sufficient minerals be found the royalty shall not be less than a stated sum, and that if he fails to surrender by a fixed day that fact shall constitute an agreement on his part that there is sufficient mineral to pay the royalty: Held, that the failure to surrender on the day is not conclusive of the sufficiency of the ore, but cast upon the other party the burden of proving that the ore is suffi cient.-McCahan v. Wharton, S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 615.

147. MORTGAGES-Assignment-Representations.An applicant for a loan, in his sworn application, at the suggestion of the secretary of the company making the loa, fixed the value of the land offered as security at $30 an acre, its estimated value at the maturity of the loan. He then stated that the land cost him less than $6 an acre. It was really worth between $3 and $4 an acre: Held, that the court erred in directing a verdict for the company in a suit by him, to whom it had negotiated the mortgage on the strength of the representations in the application.-Ktng v. Sioux City, etc. Co., S. C. Iowa, Oct. 24, 1888; 39 N. W. Rep. 919.

148. MORTGAGE-Waste-Injunction.- When, on a bill by a mortgagee to restrain the mortgagor from cutting and selling the timber, it appears that it was done with the mortgagee's consent, and pending a prelim. nary injunction the land was sold under the motgage

for more than the debt, and so the bill should be dismissed.-Ellison v. Smyth, S. C. Iowa, Oct. 22, 1888; 39 N. W. Rep. 898.

149. MUNICIPAL CORPORATIONS Defective Streets Notice.- -In an action against a city tor injuries caused by a defective sidewalk, testimony of a member of the city council as to the complaints to the council concerning the condition of the sidewalk, is admissible to show notice to the city.-Trapnell v. City of Red Oak Junction, S. C. Iowa, Oct. 19, 1888; 39 N. W. Rep. 884.

150. MUNICIPAL CORPORATIONS — Railroad Aid. Under the law of 1887, a newly organized county cannot legally vote for and issue bonds in aid of a railroad company within one year after the county has been organized.-State v. Marlow, S. C. Kan., Oct. 6, 1888; 19 Pac. Rep. 362.

151. NEGLIGENCE - Contributory Negligence - Damages-Measure of Damages-Mental Suffering-Burden of Proof. -Where a person is thrown from his carriage and killed by a telephone wire stretched across the road, it is a question for the jury whether the defendant was guilty of negligence, and the burden of proof of contributory negligence is upon him. The measure of damages in such case is the pecuniary loss suffered, and mental distress cannot be considered.— Pennsylvania, etc. Co. v. Varnau, S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 624.

152. NEGLIGENCE-Contributory Negligence - Nonsuit -Evidence.- -Circumstances stated under which it was held that the evidence of contributory negligence was not sufficient to authorize a compulsory nonsuit.— Mc Williams v. Philadelphia, etc. Co., S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 654.

Railroads.

153. NEGLIGENCE-Evidence In an action against a railroad for personal injuries caused by the backing of defendant's train in response to a signal by an unknown person, it is error to permit the conductor to state on cross-examination that the ringing of the bell surprised him and that he was not expecting it, as tending to show negligence.-Gadbots v. Chicago, etc. R. Co., S. C. Iowa, Oct. 17, 1888; 39 N. W. Rep 871.

154. NEGLIGENCE-Street Railways-Jury.Where a party, not finding a seat on a summer street car, stands on the side on the foot board, and after passing several cars is struck and injured by one driven rapidly, a finding that he used ordinary care and that the railroad was negligent cannot be disturbed.-Geitz v. Milwaukee C. R. Co., S. C. Wis., Oct. 9, 1888; 39 N. W. Rep. 866.

155. NEGOTIABLE INNTRUMENTS- Consideration.Where it appears that defendant held several overdue notes against plaintiff's intestate, who paid money to defendant, who gave him a promissory note for the amount, and that the payment was made to extinguish the indebtedness to defendant, and that the note was given as a memorandum of payment, it is without consideration.-Rice v. Howland, S. J. C. Mass., Oct. 18, 1888; 18 N. E. Rep. 229.

157. PARTNERSHIP - Evidence. Defendants sold goods to an insolvent firm on credit and received money from them, which defendants paid out to the creditors of such firm. The insolvent firm was composed of a widowed sister-in-law of one of the defendants, and a former employee: Held, that there was no evidence that defendants were members of the insolvent firm.-Fargo v. Peterson, S. C. Iowa, Oct. 20, 1888; 39 N. W. Rep. 891.

158. PAYMENT-Presumption-Rebuttal.-Where the maker of two promissory notes, payable to a deceased person, promises one of the distributees of the obligee

that he will soon pay her half of the notes, such prom. ise is sufficient to rebut the presumption of payment arising from the lapse of more than twenty years.—Appeal of Runner, S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 647. 159. PAYMENT-Presumption-Rebuttal-Guardian and Ward.- An admission by a deceased debtor, made in his life-time, that the debt is due and unpaid, will, although no promise to pay is given, rebut the presumption of payment arising from the lapse of twenty years. A guardian, who has extended the time of payment of a debt due to his ward until the debtor becomes insolvent, and then pays it himself, in his settlement may maintain an action upon it as a debt due to him. self personally-Appeal of Breneman, S. C. Penn, Oct. 1, 1888; 15 Atl. Rep. 650.

160. PLEADING-Conspiracy-Voluntary Payment.A petition in an action for a conspiracy to obtain money from plaintiff, averring that defendants obtained a note from plaintiff, which she afterwards paid because she was still under the influence of fear exist. ing when the note was obtained, states a cause of action.-Hallichtel v. Yambert, S. C. Iowa, Oct. 18, 1888; 39 N. W. Rep. 877.

161. PLEADING-Insurance-Demurrer.In an action on an insurance policy, when the petition shows that the proof of loss was not furnished in the time required by the policy, and that the proof was not under oath, a demurrer thereto is well taken.-Von Genechtin v. Citizens' I. Co., S. C. Iowa, Oct. 19, 1888; 39 N. W. Rep. 881.

An

163. PLEADING-Quieting Title Allegations. allegation in a complaint that, by reason of a patent from the State, the defendant claims an interest in the land, is not necessarily inconsistent with the prior alle. gation that piaintiff is seized in fee of the land.-Heeser v. Miller, S. C. Cal., Oct. 19, 1888; 19 Pac. Rep. 375.

164. PLEADING Written Instruments. - When a petition sets out a written contract in its terms, the defendant, by pleading the general issue, without denying the execution of the contract on oath, admits its execution in manner and form as alleged.-Jenkinson v. Monroe, S. C. Mich., Oct. 19, 1888; 39 N. W. Rep. 854.

165. PLEADING - Wrongful Attachment — Proof. Under a counterclaim for wrongful attachment, it is necessary for defendant to show that the grounds alleged for attachment were untrue.-McCormich, etc. Co. v. Colliver, S. C. Iowa, Oct. 20, 1888; 39 N. W. Rep. 892. 166. PRACTICE - Appearance · Motion. When a defendant moves to set aside a judgment for lack of jurisdiction over the defendant, and for non-jurisdictional grounds, he enters a general appearance, as though he had made it at the trial.-Kaw, etc. Assn. v. Lemke, S. C. Kan., Oct. 6, 1888; 19 Pac. Rep. 337.

-

A

167. PRACTICE-Trial-Instructions - Opinion. judge may, in his charge, express an opinion on a matter of fact, providing the jury is informed that such opinion is not binding on them, and that they are to decide according to their own judgment.-Sorenson v. Northern P. R. Co., U. S. C. C. (Minn.), Sept. 10, 1888; 36 Fed. Rep. 166.

168. PRACTICE-Trial- Reading to Jury. Counsel should not be allowed to read to the jury an extract from an opinion of the supreme court in another case relating to another transaction. Mullen v. Reinig, S. C. Wis., Oct. 9, 1888; 39 N. W. Rep. 861.

169. PRINCIPAL AND AGENT-Authority-Payment.A, who usually acted as agent for borrowers, was authorized by B to foreclose mortgages and collect notes placed by him for B. A had foreclosed seven mortgages for B and commenced the foreclosure in question without B's knowledge, but B afterward sent the notes and mortgage to A, knowing that the fore.

closure was pending: Held, that A was authorized by B to receive payment.-Sessions v. Kent, S. C. Iowa, Oct. 23, 1888; 39 N. W. Rep. 914.

170. PRINCIPAL AND AGENT-Compensation-Law.A contract of agency to be performed in South Caro lina, in which state the agency was accepted, is gov. erned by the law of that State. The agent is entitled to a reasonable compensation for his services, though there is no agreement to that effect. — Martin v. Roberts, U. S. C. C. (S. Car.), Sept. 15, 1888; 36 Fed. Rep. 217.

171. PRINCIPAL AND AGENT—Special Patrolman.———A special patrolman, under New York laws subject to the orders of the superintendent of police, is not the mere servant of a person on whose premises he is appointed for duty, and by whom his salary is paid, and such person is not responsible for his official acts. Herskey v. O'Neill, U. S. C. C. (N. Y.), Sept. 5, 1888; 36 Fed. Rep. 168. 172. PRINCIPAL AND SURETY- Liability Sheriff. When a sheriff receives from a plaintiff in replevin money, instead of a bond, for the diligent prosecution of the suit, which money he embezzles, the sureties on his official bond are not liable therefor.-People v. Hilton, U. S. C. C. (Mich.), Sept. 10, 1888; 36 Fed. Rep. 172. 173. PUBLIC LAND-Lease-Sale. Construction of Texas statutes relating to public lands, the lease or sale thereof. When public lands leased cannot be sold during the continuance of the lease.-Nobles v. Magnolia, etc. Co., S. C. Tex., Dec. 13, 1888; 9 S. W. Rep. 448. 174. PUBLIC LANDS A purchaser of school land, by application to the land office at $1.25 per acre, accompanied by a twenty per cent. of the purchase money, followed by the issue of a certificate of purchase, cannot be completed by payment in land warrants. People v. Morris, S. C. Cal., Oct. 20, 1888; 19

Pac. Rep. 378.

Payment.

175. QUIETING TITLE-Jury Trial — - Jurisdiction. The Michigan law, extending the jurisdiction of equity to quiet titles in cases where the land is not occupied, is constitutional, and the federal courts can administer the equitable remedy thereby given.-Grand Rapids & I. R. R. v. Sparrow, U. S. C. C. (Mich.), Oct. 2, 1888; 36 Fed. Rep. 210.

176. QUIETING TITLE-Tax-title-Misnomer. -When it appears, that in a former action the title was adjudged to defendant's grantor in a suit against John, Van Nortrick, whereas the proper name was John Van Nortwick, who was plaintiff's grantor, the plaintiff is estopped from asserting the invalidity of such title. - Mallory v. Riggs, S. C. Iowa, Oct. 19, 1888; 39 N. W. Rep. 886. 177. RAILROADS-Negligence-Signals. A railway company may be guilty of negligence by not placing a sign of warning, or sounding a whistle, at a crossing, though not required to do so by statute.- Winstanley v. Chicago, etc. R. R., S. C. Wis., Oct. 9, 1888; 39 N. W. Rep. 856.

178. REALTY-Appeal-Time. In an action for injury to a dam, plaintiff's claim of title was denied by defendant's, who did not set up title in themselves, but gave evidence to show title was in third persons, with whom, however, they were not in privity: Held, that no "title to real property, or an interest therein," was involved within the meaning of Code Civil Proc. N. Y. § 191, subd. 3, allowing appeals to the court of appeal. Trevett v. Barnes, N. Y. Ct. App., Oct. 2, 1888; 18 N. E. Rep. 257.

179. REWARD-Information.--A party is not entitled to the reward offered for the capture of a prisoner if he merely informs the sheriff where the prisoner can be found, and is one of the possee who effected the capture. -Juniata County v. McDonald, S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 696.

erty, with a warranty as to quality, has authority to waive the return of the property when a rescission of the sale is attempted because of a failure of the warranty. Warder v. Robertson, S. C. Iowa, Oct. 22, 1888; 39 N. W. Rep. 905.

182. SALVAGE - Wrecking Company - Compensation.

Courts of admiralty should see that a liberal measure of salvage is awarded to a company undertaking to furnish effectual means of assistance, stationed at different places along the coast, where there is liability for its use for vessels in jeopardy and misfortune, where it has undertaken and successfully performed a salvage service. -The Andrew Adams, U. S. D. C. (Mass.), Aug. 18, 1888; 36 Fed. Rep. 205.

183. SCHOOL AND SCHOOL DISTRICT- Eminent Domain Poor and Poor Laws. The act of Pennsylvania which authorizes school directors to take by eminent domain one acre of land or less for school purposes, does not authorize them to take for such purposes lands appropriated by the county for the support of the poor.-Appeal of Tyrone, etc. Co., S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 667.

The accept

184. SHERIFF-Indemnity- Release. ance of an indemnity bond from the plaintiff does not estop the sheriff to show that goods attached by him were in fact the property of a third person, to whom he had released them.-Treiberg v. Johnston, S. C. Tex., Oct. 23, 1888; 9 S. W. Rep. 455.

185. SHERIFF-Returning Process- Jurisdiction. When judgment is rendered in one county and execu tion in another, proceedings to amerce the sheriff for not returning the execution can be maintained only in the court, out of which execution issued. Reynolds v. Nelson, S. C. Kan., Oct. 6, 1888; 19 Pac. Rep. 353.

186. STOCK-KILLING-Evidence-Sufficiency.—Where a mare was found dead in a cattle guard, but showed no marks of injury from the train, and it was impos. sible for the train, if it had passed over her therein, not to have left marks of the injury done by it, a verdict against the railroad for killing the mare should be set aside as not supported by the evidence. Brockert v. Central I. R. R., S. C. Iowa, Oct. 17, 1888; 39 N. W. Rep. 871.

1

187. SURVEY-Boundary-Distance- Monuments.In an action involving a boundary the distance called for in a conveyance must yield to the monument agreed upon and actually established by the parties.- Morse v. Rollins, S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 645.

188. TAXATION-Assessment- Special Taxation― Railroads.Where by its charter a railroad company is exempt from taxation "except as herein provided," it is nevertheless subject to a special tax for street improvements, that being in the nature of assessments for benefits and not taxation.—Illinois, etc. Co. v. City of Decatur, S. C. Ill., Sept. 27, 1888; 18 N. E. Rep. 315. 189. TAXATION Exemption Academies. academy whose chief income is derived from tuition fees is not entitled to the exemption of its property from taxation, under the laws of Pennsylvania.-Appeal of City of Philadelphia, S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 683.

An

Where a

190. TAXATION-Redemption-Estoppel. purchaser at tax sale demands redemption, stating the sum required, which is thereupon paid to him, a taxdeed thereafter executed gives no title to him nor to those afterwards claiming under him without knowledge.- Hunt v. Lyman, S. C. Iowa, Oct. 23, 1888; 39 N. W. Rep. 909.

191. TELEPHONES-Highways-Obstructions.-Under Ohio law, telephone companies must exercise reasonable care in the location of their poles on public highways so as not to incommode public travel, but are not required to provide against extraordinary circum. stances. Sheffield v. Central U. T. C., U. S. C. C. (Ohio), April, Term, 1888; 36 Fed. Rep. 164.

192. TRESPASS-Cutting Timber- Damages - Pleading -Amendment.— Construction of Pensylvania statute, allowing damages in cases of trespass by cutting

timber. In such cases treble damages will not be allowed by trebling the single damages. If the complaint does not declare upon the statute treble damages cannot be given. The rule of law which allows a verdict to stand and authorizes the court to make the pleadings conform thereto does not apply in such a case. Dunbar, etc. Co. v. Fairchild, S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 656.

193. TURNPIKE-Toll-Road-Family Pass.

Under

a contract for a perpetual family pass, the grantee is entitled to pass, toll free, though the toll gates agreed upon in the contract, with his ordinary cattle, but his married children are not so entitled, although they live on the same tract of land.-Park v. Richmond, etc. Co., Ky. Ct. App., Oct. 25, 1888; 98. W. Rep. 423.

194. VENDOR-Fraud-Innocent Purchaser.- -Under agreement to exchange his store for a patent right, plaintiff was induced to execute a deed for the store property, while the inventory was being taken, to the patent owner, who sold it to defendant and absconded without completing his purchase of the goods. The defendant was not shown to have been in collision with his vendor: Held, that defendant took a good title. May v. Council, S. C. Iowa, Oct. 19, 1888; 39 N. W. Rep. 879.

198. WILL-Annuties-Forfeiture- Lease. A will charged an annuity on a lease which was subsequently forfeited for non-payment of rent, a second lease was obtained of the same property: Held, that the annuity was a charge upon the second lease. Appeal of Danforth, S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 635. 199. WILL-Construction Devise. A devise of "the residue of my property" to a named person and the family of another named person, gives one-half to the first named person and the other half to the children of the second named person. Silsby v. Sawyer, S.

C. N. H., July 19, 1888; 15 Atl. Rep. 601. 200. WILL-Testamentary Capacity - Evidence - Appeal.- -Where, upon an issue of the validity of a will, the testamentary capacity of the testator is fully supported by the evidence, the supreme court will not reverse the judgment for errors in the admission or rejection of evidence unless it is fully satisfied that the jury were misled by the ruling on that subject.-Hoar v. Leaman, S. C. Penn., Oct. 1, 1888; 15 Atl. Rep. 716.

An in

201. WILLS-Undue Influence. -Evidence of undue influence and conspiracy in obtaining a will.-Primmer v. Primmer, S. C. Iowa, Oct. 8, 1888; 39 N. W. Rep. 676. 202. WITNESS-Credibility- Instructions. struction that where a witness is sustained by as many credible witnesses as impeach him, his testimony can. not be held to be impeached, is not prejudicial error, when proper instructions are given as to crediting witnesses.-Roberts v. Morrison, S. C. Iowa, Oct. 3, 1888; 39 N. W. Rep. 519.

203. WITNESS-Husband and Wife.- -In a suit by the father of a minor child for the latter's separate use

and benefit, the mother can testify.-Lapleine v. Morgun, etc. Co., S. C. La., July Term, 1888; 4 South. Rep. 875.

204. WITNESS-Impeachment.- -Questions as to the reputation of an impeached witness for truth and veracity, and whether he is entitled to be believed under oath, are improper, because calling for the opinion of the witness, and not restricted to general character and reputation.- Griffin v. State, Tex. Ct. App., Oct. 13, 1888; 9 S. W. Rep. 459.

QUERIES AND ANSWERS.*

[Correspondents are requested to draw up their answers in the form in which we print them, and not in the form of letters to the editor. They are also admonished to make their answers as brief as may be.-Ed.]

QUERY NO. 13.

A plaintiff in trespass introduced a land contract showing that he had an equitable title, and is to get a warranty deed upon making certain monthly payments aggregating $1,500. Subsequently on the trial he offered a warranty deed of the same property, between the same parties, but bearing date on a day subsequent to the commencement of the action. The form of the complaint in alleging title is the same as in ejectment cases, i. e., the plaintiff alleged himself to be the owner and entitled to the possession. It had appeared on the trial previous to this offer, that the land upon which the trespass was committed was a vacant lot. The warranty deed was objected to upon the ground that only facts which were in existence at the time of the commencement of the action were admissible. The court received the deed, stating that he did so with some hesitation, but because the contract already in evidence showed that the plaintiff had sufficient interest in the land to maintain the action, and the only further question to consider was whether the owner of the legal title would have a remedy against the defendant in addition to the one the plaintiff claimed on this title; and that this deed conferring the whole title in the plaintiff was relevant and material. Was the court right? Cite authorities. R.

QUERY NO. 14.

A sells and indorses in blank, before maturity, to B, D's promissory note payable to A's order. B fails to make proper presentment of note at maturity, and to give A proper notice of non-payment. B sues A on note, and in his petition sets out three causes of action in three counts. First count alleges the indorsement and due notice; second count alleges fraud, and third count alleges that A orally guaranteed payment of note, and omits the copy of indorsement. Can B maintain the third cause of action?

QUERIES ANSWERED.

QUERY NO. 12 [27 Cent. L. J. 516.)

G.

Will you please inform me whether the statutes of Missouri fix the amount of damages recoverable by the representatives of a person killed by the negligence of a railroad company? Does the common law measure of damages prevail, or have you a limiting statute? J. W. H.

Answer. The laws of Missouri limit the damages to $5,000. It is generally held that at common law there is no right of action in such a case. R. M.

RECENT PUBLICATIONS.

A TREATISE ON THE LAW OF EXECUTION IN CIVIL CASES, AND OF PROCEEDINGS IN AID AND RESTRAINT THEREOF. By Abraham Clark Freeman, Author of a Treatise on the Law of Judgments, and also of a Treatise on the Law of Cotenancy and Partition. Executio est fructus et finis legis. In two volumes. Second edition. San Francisco: Bancroft-Whitney Company, Law Publishers and Law Booksellers. 1888.

We have long been familiar with the first edition of this excellent work, and welcome with much pleasure the appearance of a new edition, and in this sentiment we have no doubt the profession will concur. Mr. Freeman's reputation as an author is too firmly established to need commendation from us, but we must say that, in addition to his other merits, in one respect he commands our especial admiration. He never abuses the patience of his readers by unnecessary and protracted quotation, or, in one word, by "padding," a sin which very generally besets the authors of textbooks. Mr. Freeman says all that is necessary and proper to say upon each topic, and no more, scrupulously citing every authority bearing upon the question, and in the first edition of this work gave to the profession a model law book on one of the most important subdivisions of the law. In this new edition, carefully revised and brought down to date by the veteran learned and laborious author, he has left nothing to be desired. The work has few equals and no superior in the wide field.of legal literature, and as such we cordially commend it to the profession. The book is well printed and well bound, and in every respect creditable to the publishers.

JETSAM AND FLOTSAM.

FRENCH JUDGES AND COURTS.-A judge presiding over one of the Paris courts was recently removed from his office for two very curious offenses. It appears that after examining a witness for several hours in his court he invited that witness to dine with him at a neighboring restaurant, Plying him there with wine, the judge put a number of questions to his guest, and having drawn out of him certain damaging facts, forthwith caused him to be arrested.

His other offense was still more flagrant. He talked through a telephone with a witness, pretending that he (the judge) was one of the persons accused in court, and so led the witness to betray himself and his accused friend. It is no wonder that, after conduct so unbecoming a judge, he was deemed unfit any longer to hold the even scales of justice.

LORD NORBURY, while on circuit, being attacked by sickness, sent to the solicitor general to ask the loan of a pair of slippers. "Take them," said the solicitor to the servant, "with my respects, as I expect soon to be in his lordship's shoes."

The Central Law Journal.

ST. LOUIS, DECEMBER 14, 1888.

CURRENT EVENTS.

The

CORPORATIONS STOCKHOLDERS. growth of corporation law is one of the marvels of the modern improvement of the science, and a striking illustration of the flexibility and adaptability of the common law. In former times corporation law was a comparatively insignificant segment of English law; now it has grown to enormous proportions, ingrediturque solo, et caput inter nubila condit. Aggregation of capital, industry and enterprise of every variety has for many years past steadily increased, and is now the dominant feature of business of every kind, and it is needless to say that litigation and legislation on the subject have increased in proportion.

We have been led into this line of remark by the perusal of an able and highly interesting paper read on the 19th day of July, 1888, before the Misscuri State Bar Association by Frederick N. Judson, Esq., an eminent member of the St. Louis Bar. Mr. Judson discusses the general subject of corporations, the interstate relations of those bodies, and especially the rights (and wrongs) of their stockholders, and the remedies which the law affords, and often does not afford, them. "The law's delay" has been for time immemorial one of the standing grievances of civil society; we have always realized how intensely all classes of litigants, except the fraudulent defendant, have suffered from it, but it seems that stockholders in business corporations have been, and are, peculiarly the victims of legal delays. Ubi jus, ibi remedium, is the boast of the law, and judges who magnify their office reiterate it on all proper, and some improper, occasions, but although the law is always to be found in the courts, the remedy which they afford is sometimes illusory. Too often does the law emulate Macbeth's juggling fiends,

"That palter with us in a double sense
That keep the word of promise to our ear,
And break it to our hope."

VOL. 27-No. 24.

What is the use of locking the stable door after the steed is stolen? And yet this is often the style of relief which the law offers to the minority stockholder who contests the election of directors of corporations, declaring six months after the expiration of their term, and after the contemplated mischief had been fully accomplished, that they had been merely de facto, and not de jure, officers. This, we are assured, is one of the leading defects of Missouri law bearing upon this subject, and we are certain that the statute laws of other States will, upon examination, The probe found to be equally deficient. ceeding provided by statute in Missouri for investigating the election and testing the title of corporation officers, which follows closely the system in force in New York, is very elaborate and apparently complete and exhaustive. It has been decided, however, by the Supreme Court of Missouri, that whenever a decision is rendered under this comprehensive system, an appeal with supersedeas may be taken, which deprives the remedy of all force and vitality by the length of time which must elapse before any decision, favorable or otherwise, can go into operation.

Brevity in legal proceedings and promptitude in the administration of justice, constitute a crowning glory of every civil government. Justice should be done quamprimum but to obviate the errors incident to human fallibility, a certain degree of delay, for the purpose of appeal, is absolutely indispensable. The right to an appeal, and the benefit of the delay caused thereby, is a purely statutory right, and, in our opinion, legislatures have been too liberal in granting the privilege without making a proper provision for the protection of the impatient sufferers. In all cases, such as matters of election, in which time is of the essence of the controversy, and the lapse of time a potential element in the enjoyment or deprivation of privileges and franchises, it is the duty of legislatures to limit the delay of adjudication to the shortest possible term consistent with justice.

There is another phase of corporation law which is discussed in the paper before us, and which we think is well worthy of the consideration of legislators of every State. The intermingling of our people in their business, as well as their social relations, has practi