an innocent bona fide holder for a valuable consideration, without tendering what circumstances abstracts of title may be received in evidence in place of him the amount paid therefor. original deeds. 2. Where the plaintiff made his promissory note for $3,000, payable to his own order, and endorsed it and delivered it to a broker to get discounted, giving him the voucher as security; and the note was discounted and the pro:eeds paid plaintiff; and the broker claimed that the voucher was given upon agreement that he might sell and dispose of it at any time for 90 cents on dollar, and the plaintiff claimed he was not to sell it until after maturity, nd non-payment of the note; and the broker sold it to the defendant before ach maturity, for a valuable consideration, and without any notice or knowldge of such arrangement. Held, upon this state of facts it was proper for the astice who tried the case below, to instruct the jury to return a verdict for dedant, as there was no proof of tender before suit brought, Ex. parte J. L. Pennock, same court, same journal: 1. If a chain is atched to a shaft rotated by the same mechanism as the rolls in a rolling-mill, other end being furnished with grappling-irons, by which the heated pile drawn from the furnace, and placed upon a platform suspended from a irane, when it is swung by the crane to the rolls, the whole machinery constitutes the proper subject of a patent. Wylie and Olin, associate justices, dissenting 3. And a patent is valid which describes such machinery, and contains the following claim, viz: In a rolling-mill, the revolving shaft with its drumchain and grapple, or any equivalent power-driven hauling mechanism, in combination with a crane, arranged and operating in connection with the said mechanism to receive the fagot from the same and deliver it at the rolls." *** lie and Olin, associate justices, dissenting. 3. Whether the inventive faculty has been exercised, is a question of evience, and is always to be considered in reference to the condition of the art and the result accomplished; and where the combination is new, and the benefit great, the presumption is strongly in favor of originality. The Legal News contains considerable other interesting matter of minor importance. Legal News and Notes. -THE Tilton-Beecher suit promises a rich feast for the scandal-loving. One thousand jurors have been summoned. -IT is said that large bodies move slowly; but Delaware, one of the smallest states of the Union, still retains the whipping-post. --THOMAS DUNPHY, a prominent lawyer of New York city, formerly partner of Edwin James, died on the 7th inst. counsel, has become totally blind, -SIR JOHN BRUGES KARSLAKE, the eminent English lawyer and Queen's and there is hope that it may prove temporary. His affliction was caused by overwork -MISSOURI is to have a constitutional convention, the late election having, according to the official count, resulted in a majority of 283 in favor of the measure. -MR. ATTORNEY-GENERAL WILLIAMS has decided that the Hustings Court of Staunton, Va., is fully authorized, under the laws of Congress, to naturalize persons. -MR. JUSTICE SWAYNE, of the Supreme Court of the United States, having reached his seventieth year, is entitled, under the law, to retire on full pl -a step which he contemplates taking, but has not yet fixed the day. —JUDGE BALLARD, sitting in the United States District Court for the Western District of Tennessee, has sustained a motion to quash the n. dictments against the Gibson county kuklux, for want of jurisdiction, and the hold-prisoners are discharged. The same journal publishes a decision of the secretary of the interior, ng that when a claim, under the pre emption law, is defective in the matter of citizenship, such defect cannot be cured by the retroactive effect of the United States statutes, if an adverse right has intervened. The Albany Law Journal, for December 12, has an article by Josiah H. Bissell, Esq., of Chicago, Ill., on Limitations of Claims Against Estates. It publishes a long extract from the opinion of the New York Court of Appeals, in the case of Tilton v. Beecher, holding that a bill of particulars in an action for criminal conversation is a matter of discretion with the inferior court. It has an extract from the Irish Law Times, on the Duties of Carriers in the Protection of Goods; and contains its usual amount of other interesting matter. " 'GATH" writes to the Chicago Tribune that General Sherman "had to keep nine servants in Washington, of whom he gets rid of one-half in Sa Louis." This reminds us of the Irish captain, who, when told on a march that there were five soldiers in one ambulance, shouted, "the half o' ye's get out!" -WE are pleased to learn that Hon. John Lowell, United States Distret Judge for the District of Massachusetts, is preparing for publication a treatise on the bankrupt law. One of the best legacies a judge can leave behind him is to embody in a book the result of his experience on some topic the comes constantly before him in his judicial capacity. --THE amendments to the New York constitution, voted on at the late election, were all adopted by very large majorities. That forbidding special legs on an amendment, which provides additional security against bribery at elevtions, the whole number in its favor being 459,658, and against it 179,891. The Chicago Legal News, for December 12, prints an opinion of the Su-lation, had 414,345 votes in its favor, to 97,965 opposed. The largest vote was preme Court of the United States, Mr. Justice Strong, in the case of the Ship Belle of the Sea v. Higgins. This was a proceeding to enforce a bottomry lien, and the court hold that there was no evidence of actual payment, as claimed by the owners, and that the ship was not discharged from the lien unless there was actual payment of the bond, or unless the libelants agreed to pay it and look to the freights, the general average, and the insurance, exclusively, for their reimbursement. -HON. EDWARD P. COWLES, formerly a justice of the Supreme Court o New York, died in Chicago on the first instant. He was admitted to the ba in 1839, was appointed to the bench in 1853, and was re-appointed at the close of his official term. Retiring at the close of his second term, he resumed the It also prints the opinion of the New York Court of Appeals in the Tilton- practice of the law, in which he was very successful. He died from a hurt Beecher bill of particulars case. It also prints an opinion of the Circuit Court of Peoria county, Illinois, Tipton, J., holding that the city council of Peoria, has the power to determine when and where, and the expediency of, the location of the street-railroad of the city; that their determination, without fraud, is final, and the courts cannot interfere by injunction or otherwise; that under its charter the city has power to authorize onehorse railroad to locate its line upon and over the road of another company; that a company so authorized has authority to condemn the right of way or use of such other company's road for the necessary use of its cars, and that the county court has jurisdiction of such condemnation proceedings. It also prints an opinion of the Supreme Court of Illinois, in Culver v. Third National Bank of Chicago. This was an action of assumpsit, in the Superior Court of Cook county, brought by the Third National bank of Chicago, claiming to be a creditor of the Northwestern Glass Company, against Howard Z. Culver, alleged to be a stockholder in that company. It was agreed there were many other suits depending on the decision of this, and the court therefore, gave it careful consideration. The court hold, that the act of 1867. under which the glass company was incorporated, was intended by the legislature as a substitute for the act of 1849, they at the time having the whole subject fully before them, and this being so, the stockholders are primarily liable by section nine of that act. It is also held that a creditor may pursue his remedy at law against a stockholder. while returning from a visit to California. -JUDGE JAMESON, author of the work on constitutional conventions, bas written a letter to the Chicago Tribune, in which he says distinctly, "I think it established, in the public law of the United States, that it is always in the power of a legislature to call a convention whenever it may deem it'necessary or expedient to do so with a view either to amend or remodel the constitution." The only exception he allows is an express prohibition, by the constitution itself, of the exercise of such a power. --JUDGE DURELL'S resignation will make five United States district judges who have left the bench within the past eighteen months, the other four being Sherman of Ohio, Delahay of Kansas, Story of Arkansas, and Busteed of Alabama. We wonder that they do not all resign. We do not see what there is to stay for. Certainly it is not the salary, and as to the honor, there certainly is not much honor in being judge of a nisi prius court of limited jurisdiction, if it is for life. And then to be tied up for life to an office from which you cannot get away long enough to go a-fishing, It is too much greatness. --SIR JOSHUA ROWE, K. C. B., for many years Chief Justice of Jamaica died in London last month. He was appointed chief justice in 1832. He was then a young man. At his decease he was nearly eighty years of age He was remarkable for his upright conduct as a judge and the general correctness of his decisions. A few years ago he retired on a pension, when he was succeeded by the Hon. Bryan Edwards, who received the honor of knight It also publishes an opinion of the same court, Sheldon, J., stating under hood on the occasion, Actions upon; mode of impeaching account, 167. Certificate not conclusive as to the identity of the Official character of the person taking an ac- Mistake in acknowledgment of deed by married ACTIONS. Grounds of, see REMEDIES. For injuries causing death, see DEATH. ACTS OF CONGRESS. When take effect; signature of the President, 95. For seven years, quarrying stone, cutting timber, ASSIGNMENTS. Under claim of title need not be by actual enclo- AFFIDAVIT. How entitled in federal court. AIDER BY VERDICT. Sterrick v. Pug- When a defective petition in a suit for damages ALEXANDRIA AND BLOOMFIELD R. R. CO. See DIVORCE and ALIMONY, Article in Alb. Law Jour. upon, 561. As to certifying altered checks, see BANKS and AMENDMENTS. Legislature cannot authorize in pending suits. Right to file supplementary petition discretionary Amendsments in criminal cases; see CRIMINAL Mistake in classification of claims; the remedy ANCIENT LIGHTS. Presentation and allowance of claims under Executor may erect suitable tombstone, 625. Article upon, 448. THE District court has no jurisdiction in, to issue at- Liens created by master in violation of instruc- Jurisdiction of suits in admirality between for- Tug parting from tow; liability, 473. Power of master of ship to bind owner by con- Case where the assistance rendered a vessel was Contract of minor to serve as seaman, 601. shipping act of 1872; construction of, by Mr. Salvage of ocean steamship by passenger; salv- Description of lake vessel in libel in personam Expenses of discharging ship, disbursements of See COLLISION; MARITIME LIENS. ADMISSIONS TO THE BAR. See LAW SCHOOLS. ADULTERY. Open and notorious, under the Missouri statute, ADVERSE POSSESSION. Under tax-title, 13. Article upon, in Alb. Law Jour., by J. Alexander Article in same journal combating these views, APPEAL. In admiralty from federal district to circuit court, If a court which has been abolished take an ap- Does not lie from refusal to enter non-suit, 625. Kuhn v. When record held to show appearance. Appearance by defendant's attorney cures cer- Matters of law; mistake of law, 95. If submission revoked by one party, the other The Arkansas imbroglio, some of its legal as- Opinion of the Attorney-General with reference ARMS. Right to keep and bear for public and private de- ARRESTS. Military, in district not under martial law; lia- ASSAULT AND BATTERY. Conspiracy to commit; evidence of, 109. ASSIGNEE. See BANKRUPTCY. Failure to designate paper. Validity of judgment when publication is irregu- Bonds deposited with state treasurers by foreign Priority of attachment over deed of assigment, Attachment of debt does not prevent recovery Attempt to vote illegally indictable, 548. Lien of, upon fund for fee; claim prosecuted Contract to prosecute claim before congress, not Assignment of part interest in claim; act of Feb- Authority of counsel of corporation, proceeded against in bankruptcy to admit act of bank- Married women cannot be. Re Lockwood, 254. Re-stating items contained in or omitted from for- AUTHOR AND CONTINUER OF NUISANCE. Grain stored in public elevators and warehouse re- Hirer liable for tortious injury to horse, notwith- BANK DEPOSITS. BANK OF TENNESSEE. Whether the notes of, issued in aid of the rebellion Shall it be repealed, 1. Abatement; Discontinuance, Death of bankrupt no bar to continuance of bank- Act of 1874. In full, 329. Bill of Review. Will not lie at suit of creditor, 207. Commencement of Proceedings. What is; when order to show cause may legally Composition with creditors; arranging bankrupt The fact that bankrupt could not, if opposed, ob- Creditors need not be informed of exact proposi- In estimating numbers of creditors for purposes of Bankrupt act not applicable to national banks. Re An insurance company a banker or trader? Re Winding up insolvent corporations; remedy un- Remedy by assignee in bankruptcy, against Costs. In suit by assignee, 50. Evidence held not to amount to new promise by Surety on replevin bond may be discharge in, 62. Relation of principal and surety not affected by Right of creditor to oppose bankrupt's discharge, Distribution. When preferred creditor may participate in distri- Examination of Bankrupt. Bankrupt cannot be examined after he has ob- tained his discharge. Re Doll, 121. Deed fraudulent as to creditors being set aside, emption, etc., as if the deed had never been Fees of Officers. Fees of district court clerks under act of 1874, 359. Illegal Preferences, Conveyances, etc. Lien of execution levied before bankruptcy pro- Property claimed by wife; presumption that it be- Ratification by corporation of deed of trust execu- Articles of separation; effect of voluntary con- Such amendments do not change the previous The above decision criticised, 423, 428, 471. Assignment of lease to secure debt not a fraudu- Illegal payment; right of holder of endorsed note Amendments of 1874 to 35 not retroactive, 512. Possession of officer of state court cannot be in- When court will decree restoration of fund to as- Liens. Payment of life insurance premiums by insolvent Procedure to subject same to benefit of creditors. State law allowing savings bank to deposit in Suit by bankrupt does not interrupt running of Debts barred by limitation in state where bank- Under 39 of act of 1867, as amended by ? 12 of But held not to disturb adjudications already Angell, 6; Re Raffaux (in note) 364 (see Creditors who, since amendment of 1874, have But may repudiate proceedings where joined with- Number and amount of petitioning creditors, how Signing order of adjudication with initials by Admission of debtor will not dispense with allega- Assignee, when may prosecute and defend suits, If a sufficient number of creditors do not join. The determining whether requisite number and Amendment of petition soon to comply with new Pleading. Verification of injunction bill to restrain fraudu- Verification of petition by agent; residence of peti- Amendment not allowable unless petition show Deposition of acts of bankruptcy must be such as Verification of petition good only as to those Prior Remedies. Proof of debt in bankrupt court does not extinguish Schedule. Debtor required to file list of creditors and state- Set off; counter-claim. Debts must be mutual and in same light. Saw- Debtor may set up in answer to an order to show Authority of corporation to act through counsel, A trustee of a bankrupt cannot recover a greater Power of bankrupt to call meeting of creditors, In absence of fraud, directions of committee to Liability of sureties on cashier's bond, 524. Bank may take judgment upon notes payable to Liability of a bank (government fiscal agent) Forgery of endorsement a question for jury, 525. Liability of banks and bank officers for misrep- Notice to endorser, 61. Same; due diligence, Notice delivered on Sunday a nullity, 408. Indorser before maturity presumed an innocent Composition between holder and maker releases Signature fraudulently obtained no defence against Relative rights and duties of endorsement of ac- Bond payable in blank; action for possession of, cannot be recovered from bona fide holder in Effect of delay in presenting bank check for pay- Maker taking endorsed note to bank for discount, If it be a firm's endorsement, bank must at its Article in Alb. Law Jour. on Alteration of Notes, Note negotiated on last day of grace, 600. Liability of surety who signs with particular BONA FIDE PURCHASERS. Rights of, 303. See BILLS AND NOTES; MUNICIPAL BONDS; FD4UDIH ENT CONVEYANCES BOOK NOTICES. American Corporation Cases, 169. American Law Review, January, 1874, 23; April, American Law Times and Reports, 145. Arnould's Continuation of Lives of Chief Justices, Benedict's District Court Reports, Vol. 5, 294. Bliss on Life Insurance, 512. Broom's Legal Maxims. 7th Am. ed., 234. Bankrupt Act as Amended. Baker, Voorhis & Bankrupt Act consolidated with its Amendments. Bar Association of Chicago; Constitution and Bench and Bar Review. January, 1874, 170. California Reports. Vol. 43, 23. Campbell's Lives of the Lord Chancellors, 366, Cases on Self-Defence, 246. Catalogue of Law Books. Baker, Voorhis & Co., Catalogue of Boston University School of Law, Daily Register, 37. Dillon on Municipal Corporations, 366. Examination for Admission to the Bar, 472. Forum, the, for April, 1874, 355; for July, 1874, Freeman on Judgments, 511, Littleton & Blatchford's Fire Ins. Digest, 144. Memoirs of Westminster Hall, 356. Minot's Case. A Third Chapter of the Rule in, Montesquieu's Spirit of Laws, 73. New York Supreme Court Reports. Vol. 1, 121, Paschal's Digest of Texas Laws. Vol. 2, 13. Perry on Trusts. 2nd ed.. 635. Templin's Abridgment of Iowa Decisions, 406. The Monthly Western Jurist, 473. United States Supreme Court Reports. By Mr. Virginius Case, the, Considered with Reference BOUNDARIES. Fixed monuments will prevail over metes and BRADY, JAMES T. His defence of Gen. Cole for murder of Hiscock, Sketch of him by John F. Baker, Esq., 544. Does an action for, divorce with the defendant? BREWSTER, RT. HON. ABRAHAM. BRIBERY. Members of legislature to vote for United States BROKERS. Property in membership of board of stock brokers, BUILDING ASSOCIATIONS. Whether loans of, are usurious; the cases col- BURGLARY. In first and second degree under Mo. statutes, 157 Relative importance of, 572, 609. CAUSES CELEBRES. A great trial; trial of Cole for murder of Hiscock, CHAMPERTY. Compensation of lawyers; agreements for con- CERTIORARI. Is the remedy to review proceedings of a court CHARACTER. Evidence of; see HOMICIDE. CHARITABLE BEQUESTS. Suits for by state; public application of; establish- See WILLS. CHASE, CHIEF JUSTICE. See WAR. CHINESE IMMIGRATION. Power of a state to prevent the immigration of When risk commences, 358. Sale by, of unclaimed packages without opening Passenger carriers; article by Hon. Francis Hil- Loss arising from felony of carrier's servants, Exemption of, under Irish carrier's act, where Liability of express company when goods are Note, dissenting from foregoing case, 440. Negligence by. Passenger's baggage, 303. Duties of, in preservation of goods in transitu, Loss of wine by "blowage" in consequence of Particular act of negligence by, need not be Loss of goods by flood, 568. Liability for injuries sustained by passengers jump- In case of drover traveling on free pass which Or other person so traveling. Jacobus v. Rail- Effect of express company's receipt limiting In case of goods lost in time of war by armed In case of "robbers, thieves, barratry of the mas- Connecting Lines. Liability where coupon tickets are purchased of Power of receiving and forwarding agent to bind COMMON LAW. Some of the dying glories of the, 424, 455. Nature of the office under Texas Constitution. COMPULSORY EDUCATION. Received under duress, 86. When principal must account for value of, 86. CONFLICT OF LAWS. See PRIVATE INTERNATIONAL LAW. Replevin for articles which have lost their identity, Cheese factory; interest of farmer in products of, Power of House of Representatives to commit for CONSTITUTION. New, of Pennsylvania, 3. Summary of its leading features, 38. Thirteenth and fourteenth amendments; valuable New, of Ohio [rejected by people. Eds.], 384. CONSTITUTIONAL CONVENTIONS. A constitutional convention cannot adopt a consti- Special Legislation. Special acts conferring corporate privileges void in Prohibition against the passage of special acts cre- "Local option" stock law unconstitutional, 25. Fourteenth Amendment. Effect of on schools for separate education of Constitutionality of acts passed under a former Illinois warehouse law; legislative control over Validity of exemption laws which operate upon Effect of the prohibition in the New Constitution Effect of homestead laws which operate retroac- Legislative grant of a fund to a municipal corpo- subsequent legislation. Spaulding v. Andover, Power to release taxes due municipal corporations. State statute enacting that foreign corporations Statutes permitting amendments in pending suits, The constitutional right to keep and bear arms Or against comptroller, 395; Bledsoe v. Inter- Power of state to tax land grant of Union Pacific Power of a state to prohibit introduction of Tex- Illinois patent law of 1869 unconstitutional, 367. Contract with railroad company to erect warehouse Power of a (federal) court of equity to restrain Ex parte The Louisiana question, 475, 488, 527. Mr. Justice Bradley's opinion in the Grant Parish Legislature can vacate office of professor in state Power of legislature of Missouri to release state; Power of the judiciary of a state to control the New Jersey statute providing for sale pending lit- Construction of Iowa; constitution as to exemption Power of federal courts to disbar attorney for con- County judge in England cannot punish for, 421. In failing to pay money, power to imprison for, Appeal from decree committing for contempt; |