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; justitication 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- l 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 following decisions were handed down Tuesday, 1 Dec. 21, 1880: MR. NATHANIEL C. MOAK, of this city, has issued Judgment affirmed with costs - Maas v. The Mis M a complete and useful Subjeot 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 now trial granted, costs to abide event -- David v. The Williams and Use. Mr. Moak indicates which he regards as burgh City Fire Insurance Company; Bryan v. Stewart; best, second best, and third best. No one is better Baird v. The Mayor, etc., of New York; Haynes v. I 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 Cruikshank'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 – Josepthal v. Steffen. bave 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. Every Wheelock.- Motion to an nend return denied, with $10 | lawyer should read Fielding, for he was himself a lawcosts -- 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 cæ 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 EngIn 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 - Lord Justice Coleridge succeeds Sir Alexander Bank, Skinker et al. v. Matthews, October term, 1878, Cockburn as lord chief justice of England. This ap19 Alb. L. J. 132? The effect of that decision, as I pointment was expected, and we believe gives 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 spicuously absent from the late lord chief justice's not conferred, or prohibited (which is the same thing funeral. Lord Penzance was also probably absent. — but that “the sovereign alone can object;" the gov The Chicago Legal News says that the Illinois Suppleernment must exact a forfeiture of the charter, obtain ment of the North Western Reporter has been disconjudgment 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 ciate the difficulty when the Illinois reporter issues government.” Respectfully yours, | advance sheets and the News publishes head-notes very J. KOPELKE. promptly. Still it was a good enterprise, and we are Crown Point, INDIANA, Dec. 14, 1880. sorry it has not been successful. GENERAL INDEX. 279 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 Ful). 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 People v. Redinger (see Cases in Full). ... .............. ....... 316 Matthew v. Densmore (see Cases in Full). Baker v. Humphrey (see Cases in Full). In re Steinman and Hensel (see Cases in Full). See Current Topics. 438 59 238 139 BOOKS-Continued. PAGE. American Decisions, Vol. 17. 59 American Decisions, Vol. 18.... 159 American Decisions, Vol. 19.... 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...... 461 Barbour's New York Digest..... 178 Bigelow's History of Procedure 369 Blatchford's Reports, Vol. 16, .. 459 237 359 399 Lascelle's Horse Warranty ... 519 Lawrence's Droit International... 319 McClellan's Surrogate's Court Practice. 238 McCreary on Elections.... 378 119 New Jersey Equity Reports, Vol. 32......... 237 New York Code of Civil Procedure......... 200 899 Seymour's Carriers of Passengers.......... 319 Starkie's Trial by Jury.............. 438 Texas Court of Appeals Reports, Vol. 7..... Thompson's Charging the Jury,.. 378 Thompson's Liability of Officers and Agents of Corporations.... 459 Throop's Justices Manual.. 139 United States Reports, Vol. 100... 110 Weeks on Depositions Wharton's Criminal Evidence ....... .... 139 Wood's Reports, Vol. 3 ..... 878 See Pamphlets and Periodicals. BUFFALO Superior Court Abstracts of cases (see Re cent Americain Decisions). BURIAL (see Notes of Cases). 324 237 .......... 22 237 BAIL (see Current Topics). See Notes of Cases. power to purchase notes .............. See National Banks; Savings Banks. Alabama (see Notes, Miscellaneous). ............ 141 ................ .. 421 annual meeting....... 162 proceedings of.. .. 176 New York State....... 402 notes of ...... 402 meeting of Executive Comınittee....... 437 order of business, fourth annual meeting. 398 438 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. (see Cases in Full). BEQUEST: M&Grath v. Van Stavoren (see Cases in Full). Abbott's Judge and Jury.... CARRIER OF ANIMALS (see Notes of Cases). International & G. N. R. R. Co. v. Halloran (see Cases in Full). See Current Topics ; Notes of Cases. See Chinese. 7 28 :::: nt Baker v. Humphrey. Attorney and client; contract by attorney in fraud of client (U. S. S. C.) Pro. D. & A. Div.) . .. t enterprise ........ 431 16 atto .... 158 .......... ::..... 346 ds CASES IN FULL-Continued. PAGE. illegal contract (Penn. S. C.)..... public. Negotiable instrument; holder for value; bar to action ; estoppel ; conflict of law (U. S. S. C.), 189 (Minn. S. C.) ............... ... ... ............. .... into court (N. Y. App.) ............. sist of contiguous territory (Wis. S. C.) ............ 373 establishing amount in dispute (U. S. C. C., N. Y.)... 49 (Penn, S. C.)...... follow calling within specified limits (Conn. S. C.). rious to trade; jurisdiction (N. Y. S. C.)...., of slaughter-houses (N. Y. App.)...... ............ 23 contract (Iowa S. C.). ... credit (Eng. App.) ..... at a future time ; contingent remainder (Mo. S. C.). 335 authorize ; evidence ; appeal (N. Y. App.).......... 1350 not dispute title of its depositor to deposit (Penn. S. C.) ... notice by mail of dishonor of bill (Neb. S. C.).. ........ ........ ....... children born abroad (Eng. Ch. D.).. change rules as to debts between members (Eng. App.) ... conversion not necessary (Cal. S. C.).... seized under Federal process (Mich. S. C.).... enforced (R. I. S. C.)........ trustees of savings banks (N. Y. App.)............... proof of handwriting ; foreign law ; presumptions (N, Y. App.).... fication by people (Ind. S. C.).. carrier not liable for injury to passenger (Tex. S. C.). quired personal property (Eng. C. P. D.). ........... as to offenses by National bank officers (Penn. S. C.). 293 alienation (Iowa S. C.)............................. include overdue coupons (N. Y. C. P.).... affidavit will not protect officer (Mich. S. C.)...... in ;................ 110 387 against bank by holder of unaccepted check not ............ 110 tion of shares, remedy for illegal; constitutional ........... 4 S. C.).... cemeteries from taxation (Penn. S. C.) .. cousins? (Eng. Ch. D)..... banks for special deposits (N. Y. App.) .......... bility of railroad company for injury to passenger in Pullman car (U. S. S. C.)..... .. ............. 249 ............ 210 tain appeal from conviction (Cal. S. C.).............., 332 CASES IN FULL - Continued. PAGE ............. .. 470 senger (Phila. C. P.)... false return (Mich. S. C lights (Penn. S. C.)... ble for frauds of officers (Penn. S. C.).... ....... ....... 212 street railway company (Md. App.) .... tus of benevolent societies insuring the lives of their crirainal cause on ground of alienage (U.S. C. C., N. H.)............. conti Malicious destruction tion (N. J. Q. S.)................: : : tion; duty of executive from whom fugitive is de- ......513 ble for frauds of officers (Penn. S. C.)... libel on judge (Penn. S. C.).... tected by Federal Const tution (U.S. S. C.)........ 8 porate shares; liability of corporation for wrongful issue of certificate (Tex. S. C)... lid (N. Y. S. C ).. ... own name in trade (Eng. App.)...... affecting qualification of juror (Col. S. C.).... ral laws (U.S. C. C., Tenn.)..... contempt in action for divorce (N. Y. App.) ......... 374 and payable in New York for use in another Stato (N. Ý. App.) ... and copy public records (Mich. S. C.)...... only, invalid (Cal. S. C.). as against public policy (Iowa S. C. of dead bodies invalid. Chinese religious customs. (U... S. C. C., Cal.).... to return mariner to port of shipment (U. S. D. C., Mo.).......::: : of single member (Eng. App.)..... ble for frauds of officers (Penn, S. C.) ..... mony.. ............ (see Cases in Full). California Statute prohibiting fishing, unconstitutional.. In re Wong Yung Quy (see Cases in Full). ........ See Current Topics. in Full). Cases in Full; Contract ; Marriage ; Treaties). .. 126 (see Recent American Decisions). Article by Dr. Spear. ................. See Chinese: Indiana, .. 68 ........ 131 duty of .......... 314 ........... ......... App.) . : .......... 489 .. .... 241 bli. 00 0 $ 20. 8 Chile),.. S . . 439 419 CD PAGE. CURRENT TOPICS - Continued. PAGE. brevity in law reporting, views of a correspondent..... 261 Bristow, Pres., address of, before American Bar Asso- carrier of passengers; expulsion of colored women from car; unchaste female . carriers of passengers, responsibility of, for injuries... “Charging the Jury," comments on Mr. Thompson's chief judge, contested title in South Carolina. "** **** Chinese, California statute prohibiting, from fishing in State............... Chinese letter case, Judge Davis' rebuke to Mr. Hewitt, citing of State Reports by title of report.......... classification in digests and indexes... Cockburn, Lord Chief Justice........... Cockburn, Chief Justice, death of... Code, $ 1623, additional findings of fact.. codification and reform of the laws of nations, Asso- ciation for, 8th annual conference....... common school system an incentive to crime...... 441, 461 concurrent and consecutive sentences, Tichborne case, constitutional amendments Indiana v. Swift)... 218 contracts to satisfaction (Lesser v. Sherwood).... 119 copyright, rights of author's heirs to control o cation after expiration.... Court of Appeals, selection of new chief judge........ Court of Appeals Reports, ownership.. Court of Conscience in Dublin............ Cox and Balbo, hanging of....... Currie, acquittal of, on the insanity plea ....... m y piel........... Daily Memphis Avalanche ...... Dejarnette, murderer of his sister ... divorce case of Countess de Tilley... divorce, Kerrison v. Kerrison... employees' liability bill in House of Commons.... 202, Egypt, consular courts ... electors, what constitutes a majority of (People v. “Esquire," honorary title action on promissory note. 102 evidence, admissibility of, of wife against husband in murder trial Motore grand jury against husband. evidence of wife bet 379 Briggs murder case.. expenditures for judicial services, compared with 279, 379 420 same in England.. 480 "experts and expert testimony paper of J. B. Chapin, M. D." ... express business, magnitud 439 fasting as a punishment for criminal offenses ......... Folger, Judge, election of ........................ 279 159 "garnishee, use of word as a verb.. good-will ; vendor's subsequent dealing ; extract from Solicitors' Journal.............. 319 277 government employees; wages for legal holidays .... 520 Indiana Constitutional Ámendments....... 21, 81, 161, 199 injunction ; evading (Buenos Ayres Gas Co. v. Wilde) 360 international law, institute of ........ interruptions in argument by English judges ...... 298 360 judges as referees; opposition to, in Connecticut judicial nominations..... judiciary article to Constitution amended... jury duty ; new excuse for shirking............ jury system, change in... ............ Kearney habeas corpus case ... land grants of surrounded land.. Law Weekly not a newspaper ... libel, leading editors on ... license to sell ale and beer, brook.... ........ ........... litigation, cost of ..... :: n maritime law, libel against "Sea Bird marriage contract, different views of, in New York and Massachusetts .... chusetts marriage, effect of subsequent ..... marriage by telegraph. master and servant ; injuries by co-servant; letter of Lord Bramwell....... Mirzan murder trial in Egypt... Montreal Gazette, reply to article in, denouncing Now York judges ... Nash v. Fugate, 27 Alb. L. J. 464, explanation of notë. 42 National Bank taxation, opinion of Judge Wallace in Natl. Alb. Ex. Bank v. Hill, and Stanly v. Super- Visors ............ .................................. 491 New York city : movement for reduction spenses of judiciary and law department.... d. New York city; special and local laws affecting public interests in city of New York ............ New York State Bar Association. .... New York State Reports; publishing contract; award omissions in law ; reports of Illinois judges ............ oral arguments not allowed in Supreme Court of Indi- ana oriel windows, case of Goldstraw v. Duckworth ... ... :*:***. 180 relieve..... case........ ..... 202 FELONY (see Criminal Law). PAGE constructive................................. .........20 See Notes of Cases. rican Decisions). 105 .................... CURRENT TOPICS-Continued. PAGE. ... 311 ies..... Reports ... Association .... coff.... consin. ............. tioned ... ............... ........................ ladies..... Mr. Maury's article .... BANY LAW JOURNAL .......... 361 customers ........... ...... :...... ........ .... ........ 312 HABEAS CORPUS (see Current Topics). .............. 8 evidence, admissibility of, by wife against husband in murder trial....................: without her anthority or consent........ See Married Women. . UCI .... .. ... See Evidence; Lunatici - .......... 6 2 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. INSOLVENCY, English and American Laws ......... 66 See Notes of (*118es, See Notes of Cases. "See Leading Articles; Notes of Cases. *** Full). Decisions). 00 ........ EFFECTS of marriage....... ......... 246, 266 Murphy v. Mayor (See Cases in Full). JOHNES, Edward R., on English and American Bank- ruptcy and Insolvent Laws.... foreign, on substituted service.. Rouissillon v. Rouissillon (see Cases in Full). State............... (see Cases in Full). See Notes of Cases. Town of Trinidad v. Simpson (see Cases in Full). S .............. ..... .................... KANSAS Supreme Court Abstract (see Recent Ameri- can Decisions). American Decisions). ENGLISH EMPLOYERS LIABILITY BILL, 276 See Current Topics. ......... 164 compelling prisoners to furnish personal, of his iden- 1414 ...... surgeon, declaration of injured party to................ 364 See Evidence. Pooley v. Whetham (see Cases in Full). |