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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,

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Actions upon; mode of impeaching account, 167.
ACKNOWLEDGMENT OF DEEDS.

Certificate not conclusive as to the identity of the
person; this is for the jury, 525.
Defective acknowledgment of wife's deed does not
entitle husband's creditor to recover the prop-
erty from the purchaser, 534.

Official character of the person taking an ac-
knowledgment, 343.

Mistake in acknowledgment of deed by married
woman, 357.

ACTIONS.

Grounds of, see REMEDIES.

For injuries causing death, see DEATH.

ACTS OF CONGRESS.

When take effect; signature of the President, 95.
ADMINISTRATION OF ESTATES.

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For seven years, quarrying stone, cutting timber, ASSIGNMENTS.
etc., 96.

Under claim of title need not be by actual enclo-
sures; aliter, a trespasser, 143.

AFFIDAVIT.

How entitled in federal court.
sley, 106.

AIDER BY VERDICT.

Sterrick v. Pug-

When a defective petition in a suit for damages
against a municipal corporation will be aided
by verdict, 169.

ALEXANDRIA AND BLOOMFIELD R. R. CO.
Charter of construed. Smith v. Clark Co., 5.
ALIMONY.

See DIVORCE and ALIMONY,
ALTERATION OF NOTES.

Article in Alb. Law Jour. upon, 561.

As to certifying altered checks, see BANKS and
BANKING.

AMENDMENTS.

Legislature cannot authorize in pending suits.
Kent v. Gray, 244.

Right to file supplementary petition discretionary
with court, 343.

Amendsments in criminal cases; see CRIMINAL
LAW and PROCEDURE.

Mistake in classification of claims; the remedy ANCIENT LIGHTS.
by entry nunc pro tunc, 221

Presentation and allowance of claims under
Texas statute, 369.

Executor may erect suitable tombstone, 625.
ADMINISTRATION OF THE LAW IN
SOUTH.

Article upon, 448.
ADMIRALTY.

THE

District court has no jurisdiction in, to issue at-
tachment against non-resident of district and
such want of jurisdiction not cured by appear-
ance, 36.

Liens created by master in violation of instruc-
tions, 60.

Jurisdiction of suits in admirality between for-
eigners, 60.

Tug parting from tow; liability, 473.

Power of master of ship to bind owner by con-
tract for necessaries, 523.

Case where the assistance rendered a vessel was
held to be salvage and not pilotage, the vessel
having displayed ambiguous signals, 577.
Right of disrated seamen to accept recission and
claim discharge, 601.

Contract of minor to serve as seaman, 601.
Shipping articles under British act of 1854; when
Seaman engages unconditionally to make the
voyage, 601.

shipping act of 1872; construction of, by Mr.
District Judge Lowell; when contracts with
seamen must be in writing. The Grace Laht-
rop, 189.
Construction of the same by Mr. Circuit Judge
Woodruff. United States v. City of Mexico,
191.
Salvage services performed by permission of
wrecking company, 380.

Salvage of ocean steamship by passenger; salv-
age reduced if passenger assert command after
distress is over, 381.

Description of lake vessel in libel in personam
Morren v. Keen, 454.

Expenses of discharging ship, disbursements of
agents, etc., and bottomry lien, how rated with
reference to priority, 612.

See COLLISION; MARITIME LIENS.

ADMISSIONS TO THE BAR.

See LAW SCHOOLS.

ADULTERY.

Open and notorious, under the Missouri statute,
162.

ADVERSE POSSESSION.

Under tax-title, 13.

Article upon, in Alb. Law Jour., by J. Alexander
Fulton, 333.

Article in same journal combating these views,
mentioned, 392.

APPEAL.

In admiralty from federal district to circuit court,
62. Effect of such appeal, 548. No appeal
lies to Supreme Court from simple decree of
affirmance in such case, 548.

If a court which has been abolished take an ap-
peal bond on a judgment rendered before it was
abolished, the appeal will not be void, 122.
Appeal from satisfied judgment, 511, 547, 586.
From decree committing for contempt; waiver of
objections, 560.

Does not lie from refusal to enter non-suit, 625.
APPEARANCE.

Kuhn v.

When record held to show appearance.
McMillan, 46.
Appearance by corporation conclusive evidence of
corporate existence, 143.

Appearance by defendant's attorney cures cer-
tain defects in process, and the fact that attor-
ney withdraws from the proceedings, does not
change defendant's position, 636.
ARBITRATION.

Matters of law; mistake of law, 95.
Arbitrators not bound to decide according to law,
95.

If submission revoked by one party, the other
may show value of the property in dispute,
443.
ARKANSAS.

The Arkansas imbroglio, some of its legal as-
pects, 237.
Its end, 238.

Opinion of the Attorney-General with reference
to, 257.

ARMS.

Right to keep and bear for public and private de-
fence, 259, 272, 285, 295.

ARRESTS.

Military, in district not under martial law; lia-
bility for, 36.

ASSAULT AND BATTERY.
Aiding and abetting, 109.

Conspiracy to commit; evidence of, 109.
Indictable in Illinois, 624.

ASSIGNEE.

See BANKRUPTCY.

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Failure to designate paper.

Validity of judgment when publication is irregu-
lar. Ibid, 114.

Bonds deposited with state treasurers by foreign
insurance companies, not subject to attachment,
367.

Priority of attachment over deed of assigment,
460

Attachment of debt does not prevent recovery
of judgment, but only suspends execution, 575.
ATTEMPTS.

Attempt to vote illegally indictable, 548.
ATTORNEY.

Lien of, upon fund for fee; claim prosecuted
against United States, 71.

Contract to prosecute claim before congress, not
against public policy, 71.

Assignment of part interest in claim; act of Feb-
26, 1853, 71.

Authority of counsel of corporation, proceeded

against in bankruptcy to admit act of bank-
ruptcy; authority of corportion to act through
counsel, how expressed, 87.

Married women cannot be. Re Lockwood, 254.
Liability of attorneys for stenographer's bill, 346.
Constitutionality of tax upon lawyers, 357.
Liability of attorneys of collecting agencies for
collections made by their agents, 433.
Withdrawal by, from suit does not change posi-
tion of client with respect to the advantages he
may have waived by appearance, 636.
AUDITING.

Re-stating items contained in or omitted from for-
mer accounts, 431.

AUTHOR AND CONTINUER OF NUISANCE.
Article on, by Hon. Francis Hilliard, 307.
BAILMENTS.

Grain stored in public elevators and warehouse re-
ceipt taken, is a sale and not a bailment.
Rahilly v. Wilson (with note), 80.
Obligations of a bailee for hire, 302.
Law of bailments exhaustively discussed by
Chief Justice Daily of the New York Common
Pleas, 343.

Hirer liable for tortious injury to horse, notwith-
standing illegality of contract, 457.

BANK DEPOSITS.
Taxation of, 96.

BANK OF TENNESSEE.

Whether the notes of, issued in aid of the rebellion
are invalid; argument of John Reid, Esq., 367.
BANKRUPT ACT.

Shall it be repealed, 1.

Abatement; Discontinuance,

Death of bankrupt no bar to continuance of bank-
ruptcy proceedings. Re Litchfield, 220.
Vacating proceedings on account of insanity of
bankrupt, 576,

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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
issue. Re Rogers, 470.
Composition with Creditors.
Composition with creditors, 26.

Composition with creditors; arranging bankrupt
failing to pay installments, creditors remitted o
original rights, 393.

The fact that bankrupt could not, if opposed, ob-
tain his discharge, will not prevent composition.
Re Haskell, 531.

Creditors need not be informed of exact proposi-
tion before meeting. Ibid., 531.
Schedule ordinarily a sufficient statement of assets
and liabilities. Ibid., 529.

In estimating numbers of creditors for purposes of
composition, those whose debts are less than
fifty dollars not to be counted, 531.
Varying terms of composition, 590.
Debtor cannot,after terms of composition accepted,
annoy creditors by calling future meeting, 483.
Corporations.

Bankrupt act not applicable to national banks. Re
Manufacturer's National Bank, 19.

An insurance company a banker or trader? Re
Great Western Telegraph Co., 75.
Authority of corporations proceeded against in
bankruptcy to act through counsel. Leiter.v,
Payson, 87.

Winding up insolvent corporations; remedy un-
der bankrupt act cumulative. Chandler v. Sid-
dle, 341.

Remedy by assignee in bankruptcy, against
stockholders of insolvent corporations, for un-
Faid stock. Myers v. Seeley, 451.

Costs.

In suit by assignee, 50.
Discharge,

Evidence held not to amount to new promise by
bankrupt to pay debt discharged. Allen v.
Ferguson, 47.

Surety on replevin bond may be discharge in, 62.
Discharge of principal releases surety in appeal
bond. Martin v. Kilbourn, 94.
Does not release defaulting guardian from liability
to his sureties, 142.

Relation of principal and surety not affected by
bankruptcy proceedings, 142.
Surety on official bond payable to United States
not released by discharge of principal, 207.
Plea of discharge in bankruptcy after cause has
been remanded from appellate court, 431.
Proportion of assets to debts. Re Franke. 448.
Limitation as to time within which bankrupt must
apply for discharge, construed, 556.
Conditions on which discharge of voluntary bank-
rupt will be granted, 612.

Right of creditor to oppose bankrupt's discharge,
485.

Distribution.

When preferred creditor may participate in distri-
bution, 345

Examination of Bankrupt.

Bankrupt cannot be examined after he has ob-

tained his discharge. Re Doll, 121.
When leading questions may be put, 534.
Exemptions; Homestead; Dower.
Exemption may be waived by debtor, 318.
Amendment of 1873 with reference to exemptions
unconstitutional. Re Deckert, 316, 320, 332.
State exemptions and the bankrupt law, 578.
Bankrupt entitled to exemptions out of partner-
ship assets, 588.

Deed fraudulent as to creditors being set aside,
the title reverts to the grantor and passes from
him to his assignee, subject to homestead ex-

emption, etc., as if the deed had never been
made; voluntary joining by wife in deed after-
wards set aside as in fraud of creditors, does not
prevent her on such setting aside from claiming
dower or homestead in the land, 589.

Fees of Officers.

Fees of district court clerks under act of 1874, 359.
One hundred dollars allowed solicitors for prepar-
ing schedules, 576.

Illegal Preferences, Conveyances, etc.
Sale by trustee under deed of trust to secure debt,
made since commencement of bankruptcy pro-
ceedings not invald. McGready v. Harris, 34.
Illegal proceedings, Wilson v. City Bank. Edi-
torials, 15, 39. Reported in full, 40.
Agreement between corporation and stockholder
to convert indebtedness for stock into a loan.
Sawyer v. Hoag, 43.

Lien of execution levied before bankruptcy pro-
ceedings commenced; Wilson v. City Bank, 15,
39, 40.

Property claimed by wife; presumption that it be-
longed to husband, 50.
Confession of judgment by agent of corporation.
Re Gt. W. Te!. Co., 75.

Ratification by corporation of deed of trust execu-
ted by its officers without authority, to be valid.
must have taken place more than four months |
prior to bankruptcy of such corporation, 87.
Action of the San Francisco merchants, III.
Fraudulent preference; case affirmed on facts, 146.
Confession of judgment, 345.

Articles of separation; effect of voluntary con-
veyance from husband to wife, 357.
Recent amendments in regard to fraudulent con-
veyances not retroactive. Hamlin v. Petti-
bone, 404.

Such amendments do not change the previous
meaning of the law. Ibid, 404.

The above decision criticised, 423, 428, 471.
Injunction to restrain fraudulent sale not dis-
solved by operation of law when debtor is ad-
judicated bankrupt, 433.

Assignment of lease to secure debt not a fraudu-
lent preference. Meador v. Everett, 453.
Judgment notes given by debtor, when not set
aside, 513.

Illegal payment; right of holder of endorsed note
to receive payment of insolvent debtor, 161;
Bartholow v. Bean, 166.

Amendments of 1874 to 35 not retroactive, 512.
Judgment rendered more than four months, but
dated and execution issued within that time,
not ipso facto fraudulent, 501.
Jurisdiction of Courts.
Adjudication suspends operation of state insolvent
laws, 23.

Possession of officer of state court cannot be in-
terferred with. Townsend v. Leonard, 69, 135.
Contests between federal and state courts for pos-
session of insolvents' property, 100.
What residence within district gives jurisdiction
in compulsory cases, 223.

When court will decree restoration of fund to as-
signee in hands of state officer, 345.
Jurisdiction to permit amendment of petition de-
fectively verified. Re Buchanan, 446.
Federal Circuit Court has jurisdiction under 2
of suit by assignee to recover property fraudu-
lently conveyed, 512.

Liens.

Payment of life insurance premiums by insolvent
husband, a fraud upon creditors. Re Bear &
Steinberg, 608.

Procedure to subject same to benefit of creditors.
Ibid, 608.

State law allowing savings bank to deposit in
other banks, and giving such depositing bank
priority of payment over all except bill-holders,
does not create lien. Re Stuyvesent Bank, 83.
Right to acquire lien for advances to owner of
stock, and effect of bankruptcy proceedings
upon secured claims, 60r.
Limitations.

Suit by bankrupt does not interrupt running of
statute of limitations in respect of suits by as-
signee, 96

Debts barred by limitation in state where bank-
rupt resides; new promise to pay, 612.
Number and Value of Creditors.

Under 39 of act of 1867, as amended by ? 12 of
act of 1874. petitions must show number and
value of creditors. Re Scammon, 328.
These amendments held by Judge Treat retro-
active, 337.

But held not to disturb adjudications already
made Re Obear and Re Thomas, 362; Rel

Angell, 6; Re Raffaux (in note) 364 (see
also 367). Re Rosenthal (in note(364 (see also
367 sub nom. Lowenthal.); Re Pickering, 381;
Re Hightown, 384; Re Buchanan, 446; Re
Comstock, 483.

Creditors who, since amendment of 1874, have
joined in petition, cannot withdraw and break
quorum, 392.

But may repudiate proceedings where joined with-
out their consent. Re Rosenfield, 583.
Construction and practice by Judge Blatchford of
amendatory act of 1874 in Re Scull, with ref-
erence to the number and amount of petitioning
creditors, 399.

Number and amount of petitioning creditors, how
computed Re Hymes, 462.

Signing order of adjudication with initials by
judge, prior to June 22, 1874, does not authorize
continuance of proceedings without joining
of requisite number and amount of creditors
482.

Admission of debtor will not dispense with allega-
tion that requisite number and amount of cred-
itors have joined, 482.

Assignee, when may prosecute and defend suits,
483.

If a sufficient number of creditors do not join.
court will dismiss on motion, without requiring
debtor to file schedule, 559.

The determining whether requisite number and
value have joined, those only counted whose
debts are unconditionally provable, 560.
The decisions with reference to the number and
value of creditors, collected, 564.

Amendment of petition soon to comply with new
law, when petition was filed on date of passage
of act of 1874. 575.

Pleading.

Verification of injunction bill to restrain fraudu-
lent sale, 433.

Verification of petition by agent; residence of peti-
tioners need not be stated. Re Simmons, 440.
Verification in behalf of each petitioner must be
sufficient if standing alone.
Ibid, 440.
Court has jurisdiction to permit amendment of
petition defectively verified. Ibid, 440.
Court will not adjudicate upon petition not in
conformity with amended act, although objection
be not made by bankrupt. Re Buchanan, 446.
Allegation as to number and amount of creditors
is an allegation of a jurisdictional fact. Ibid..
584.

Amendment not allowable unless petition show
joining of requisite number and amount of cred-
ito:s. 583.

Deposition of acts of bankruptcy must be such as
constitutes legal testimony, 583.

Verification of petition good only as to those
named in it; verified by agent, must be proof of
agency; supplementary affidavit as to agent's
authority received nunc pro tunc. Re Rosen-
fields, 583.

Prior Remedies.

Proof of debt in bankrupt court does not extinguish
it; rights of creditor in respect of prior reme-
dies, 357,

Schedule.

Debtor required to file list of creditors and state-
ment of claims, 431.

Set off; counter-claim.

Debts must be mutual and in same light. Saw-
yer v. Hoog, 43.

Debtor may set up in answer to an order to show
cause, counter-claim against petition for unliqui-
dated damages. Re Osage Valley, etc., Rail-
road. 33.
Counter-claim reducing petitioner's debt below
$250. Defeats proceeding. Ibid. 33.
Insurance company having failed, another
company which had reinsured certain policies,
may buy them in and set them off against claim
for reinsurance, 408.
Solicitors.

Authority of corporation to act through counsel,
87.
Trustee.

A trustee of a bankrupt cannot recover a greater
penalty for taking usurious interest than the
bankrupt himself could recover, if solvent and
suing in his own right. Tiffany v. Boatman's
Saving Institution, 71.

Power of bankrupt to call meeting of creditors,
after his estate has been placed in the hands of
trustee. Re Jay Cooke & Co., 580.

In absence of fraud, directions of committee to
trustee are conclusive. Re Jay Cooke & Co.,
580.

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Liability of sureties on cashier's bond, 524.
Bank deposits create only relation of debtor and
creditor, 460.

Bank may take judgment upon notes payable to
order of cashier only, 587.

Liability of a bank (government fiscal agent)
for paying a draft drawn by the United, States
Treasury upon it in behalf of a claimant, on a
forged endorsement, 525.

Forgery of endorsement a question for jury, 525.
Usurious contracts by state and national banks
in New York, void in toto, 624.

Liability of banks and bank officers for misrep-
resentations concerning solvency of customers,
160.

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Notice to endorser, 61. Same; due diligence,
168.

Notice delivered on Sunday a nullity, 408.
Acceptance of such notice without reply, no
waiver, 408.

Indorser before maturity presumed an innocent
holder for value, 143.

Composition between holder and maker releases
endorser, 158.

Signature fraudulently obtained no defence against
bona fide holder. Chapman v. Rose, 242.
Endorsement of check "payable in gold coin,"
380.

Relative rights and duties of endorsement of ac-
commodation paper, 408.

Bond payable in blank; action for possession of,
440.
Voucher of municipal corporation for work done

cannot be recovered from bona fide holder in
replevin, without tendering amount paid for it,
636-7.

Effect of delay in presenting bank check for pay-
ment, 457.

Maker taking endorsed note to bank for discount,
endorsement presumed for accommodation. Le
Moine v. The Bank, 529.

If it be a firm's endorsement, bank must at its
peril ascertain whether the partner had author-
ity. Ibid, 529.

Article in Alb. Law Jour. on Alteration of Notes,
noticed, 561.

Note negotiated on last day of grace,
Conditional acceptance, 168.

600.

Liability of surety who signs with particular
agreement as to co.surety; see ESCROW.

BONA FIDE PURCHASERS.

Rights of, 303.

See BILLS AND NOTES; MUNICIPAL BONDS;
BANKRUPT ACT, sub-title, Illegal Conveyances,

FD4UDIH ENT CONVEYANCES

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BOOK NOTICES.

American Corporation Cases, 169.
American Law Record, 23.

American Law Review, January, 1874, 23; April,
1874, 221.

American Law Times and Reports, 145.
American Medical Weekly, 391.
American Railway Reports, 380.
American Reports, 150.

Arnould's Continuation of Lives of Chief Justices,
482

Benedict's District Court Reports, Vol. 5, 294.
Bispham's Equity, 133.

Bliss on Life Insurance, 512.

Broom's Legal Maxims. 7th Am. ed., 234.
Byles on Bills, 332.

Bankrupt Act as Amended. Baker, Voorhis &
Co.'s edition, 406.

Bankrupt Act consolidated with its Amendments.
By Seymour D. Thompson, 406.

Bar Association of Chicago; Constitution and
By-Laws of the, 221.

Bench and Bar Review. January, 1874, 170.
California Citations, 73.

California Reports. Vol. 43, 23.

Campbell's Lives of the Lord Chancellors, 366,
574.

Cases on Self-Defence, 246.

Catalogue of Law Books. Baker, Voorhis & Co.,
599.

Catalogue of Boston University School of Law,

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Daily Register, 37.

Dillon on Municipal Corporations, 366.
Doctor and Student, 181.

Examination for Admission to the Bar, 472.
Famous Cases on Circumstantial Evidence, 343.
Federal Court Reports; Wood's Circuit Court
Reports; Hill's District Court Reports, and
Johnson's District Court Reports, 527.
Fisher's Patent Cases. Vol. 5, 121.
Flanders on Fire Insurance, 574.
Forty-Sixth Annual Report of the Trustees of the
New York State Library, 294.

Forum, the, for April, 1874, 355; for July, 1874,
420, 446

Freeman on Judgments, 511,
Green's Criminal Law Reports, 545.
Hirskell's Tennessee Reports. Vol. 4, 37.
Hilliard on Remedies for Torts, 73.
Hubbell's Legal Directory. .1874-5, 599.
International Review for January, 1875, 635.
Irish Law Times and Reports, 48.
Kent's Commentaries. 12th ed., 85.
Law of Design Patents, 317.
Law Student's Review Book, 393, 472.
Legal Bibliography, 222,

Littleton & Blatchford's Fire Ins. Digest, 144.
Lower Canada Jurist, 38.
May on Insurance, 48.

Memoirs of Westminster Hall, 356.

Minot's Case. A Third Chapter of the Rule in,
407.

Montesquieu's Spirit of Laws, 73.
Nash's Ohio Pleading and Practice, 423.
Nashville Commercial Reporter, 145.

New York Supreme Court Reports. Vol. 1, 121,
431; Vols, 2 and 3, 546.
Ohio State Reports, 269.
Oliver's Precedents, 391.

Paschal's Digest of Texas Laws. Vol. 2, 13.
Pattison's Missouri Digest, 430.

Perry on Trusts. 2nd ed.. 635.
Phillips on Mechanics' Liens, 391.

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Templin's Abridgment of Iowa Decisions, 406.
The Law. 599.

The Monthly Western Jurist, 473.

United States Supreme Court Reports. By Mr.
Justice Miller, 257, 423.

Virginius Case, the, Considered with Reference
to the Law of Self-Defence, 303.
Washburn on Easements, 60.
Washington Law Reporter, 48.
Wharton's Criminal Law, 7th ed. 108,
Withrow and Stiles Iowa Digest, 356.

BOUNDARIES.

Fixed monuments will prevail over metes and
bounds, 357.

BRADY, JAMES T.

His defence of Gen. Cole for murder of Hiscock,
377.

Sketch of him by John F. Baker, Esq., 544.
BREACH OF PROMISE.

Does an action for, divorce with the defendant?
Wade v Kalbfliesch, 99.

BREWSTER, RT. HON. ABRAHAM.
Death of, 422.

BRIBERY.

Members of legislature to vote for United States
Senate; information for, under Kansas statute,
State v. Pomeroy, 414.

BROKERS.

Property in membership of board of stock brokers,
460.

BUILDING ASSOCIATIONS.

Whether loans of, are usurious; the cases col-
lected, 457.

BURGLARY.

In first and second degree under Mo. statutes, 157
CASE LAW.

Relative importance of, 572, 609.

CAUSES CELEBRES.

A great trial; trial of Cole for murder of Hiscock,
377.

CHAMPERTY.

Compensation of lawyers; agreements for con-
tingent fees, 563.

CERTIORARI.

Is the remedy to review proceedings of a court
proceeding without jurisdiction, 536.

CHARACTER.

Evidence of; see HOMICIDE.

CHARITABLE BEQUESTS.

Suits for by state; public application of; establish-
ment of schools, 72.

See WILLS.

CHASE, CHIEF JUSTICE.
His biographer, 184.
CHOATE, RUFUS.
Recollections of, 389, 419.
CHOSE IN ACTION.
Mortgage of, 96.
CIVIL WAR.

See WAR.

CHINESE IMMIGRATION.

Power of a state to prevent the immigration of
lewd and debauched Chinese women, cases of
Ah Fook and Ah Fong, 515, 516.

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When risk commences, 358.

Sale by, of unclaimed packages without opening
them, 360.

Passenger carriers; article by Hon. Francis Hil-
liard, upon, 463,

Loss arising from felony of carrier's servants,
536.

Exemption of, under Irish carrier's act, where
nature and value of goods are not disclosed,
536.

Liability of express company when goods are
lost by fire in railroad accident; stipulation
against loss by fire; proof of assent of shipper
to stipulation in receipt against liability. Bank
of Ky. v. Adams Ex. Co., 436.

Note, dissenting from foregoing case, 440.
The above decision disapproved in Albany Law
Journal, 446; and criticised by correspondents,
498, 500; and defended, 570.

Negligence by.

Passenger's baggage, 303.

Duties of, in preservation of goods in transitu,
637, 588.

Loss of wine by "blowage" in consequence of
negligence of master of vesel to ventilate apart-
ment, 588.

Particular act of negligence by, need not be
proved, 133.

Loss of goods by flood, 568.

Liability for injuries sustained by passengers jump-
ing from train while in motion, 169.
Restrictions Against Liability.

In case of drover traveling on free pass which
contains stipulation against liability. N. Y, C.
R. R. Co. v. Lockwood, 27.

Or other person so traveling. Jacobus v. Rail-
way Co. 375.

Effect of express company's receipt limiting
liability where value is not inserted. Oppen-
hiemer v. U. S. Ex. Co., 107.

In case of goods lost in time of war by armed
mob. Olwell v. Adams Ex. Co., 186.
Against losses by fire, Bank of Ky. v. Adams Ex.
Co., 436.

In case of "robbers, thieves, barratry of the mas-
ters and mariners," and damage which is capa-
ble of being covered by insurance, 512.
Conditions which were null and void under Irish
carrier's act, 536.

Connecting Lines.

Liability where coupon tickets are purchased of
one carrier and passenger is killed on connect-
ing line. N. & C. R. R. Co. v. Sprayberry,
541; Hartan v. Eastern R. R. Co., 423.
Loss of goods on connecting line, 578.
Agents of.

Power of receiving and forwarding agent to bind
company, 358.

COMMON LAW.

Some of the dying glories of the, 424, 455.
COMPTROLLER.

Nature of the office under Texas Constitution.
Bledsoe v. International Ry. Co. 401.,
Mandamus will not lie against him. Ibid, 1401.
But see 627.

COMPULSORY EDUCATION.
The New York statute, 248.
CONDEMNATION OF LAND.
See EMINENT DOMAIN.
CONFEDERATE MONEY.

Received under duress, 86.

When principal must account for value of, 86.
Investments by trustees in, in Alabama; trustees
liable. Ferguson v. Lowry, 416.

CONFLICT OF LAWS.

See PRIVATE INTERNATIONAL LAW.
CONFUSION OF MATERIALS.

Replevin for articles which have lost their identity,
611.

Cheese factory; interest of farmer in products of,
not subject to execution, 23.
CONGRESS.

Power of House of Representatives to commit for
contempt, 549.

CONSTITUTION.

New, of Pennsylvania, 3.

Summary of its leading features, 38.

Thirteenth and fourteenth amendments; valuable
paper on, 367.

New, of Ohio [rejected by people. Eds.], 384.

CONSTITUTIONAL CONVENTIONS.
Power of, 3.

A constitutional convention cannot adopt a consti-
tution without ratification by the people; pow-
ers of a constitutional convention discussed, 587.
CONSTITUTIONAL LAW.

Special Legislation.

Special acts conferring corporate privileges void in
California, 380.

Prohibition against the passage of special acts cre-
ating corporations, 561.

"Local option" stock law unconstitutional, 25.
Local option laws unconstitutional; acts taking
effect or happening, of future contingency. Ex
parte Wall, 592.

Fourteenth Amendment.

Effect of on schools for separate education of
white and colored children, 199.
Slaughter-house cases criticised, 366.
Right of aliens to equal protection of the laws un-
der. Ex parte Ah Fong, 516.
Miscellaneous.

Constitutionality of acts passed under a former
constitution; Spencer v. Klinger, 4.
Power of states to tax agencies of general govern-
ment. U. P. R. R. Co. v. Peniston, 58.
Special legislation for municipal corporation not
unconstitutional, 61. .

Illinois warehouse law; legislative control over
storage rates. Munn & Scott v. People, com-
mented upon, 88. Reported in full, 89.
Act prohibiting sale under deed of trust until
debt is reduced to judgment, unconstitutional,
96.
Statute forbidding slaughter-houses, constitution-
al, 132.

Validity of exemption laws which operate upon
particular contracts, 173.

Effect of the prohibition in the New Constitution
of Missouri against legislative exemptions from
taxation. Maguire v. Iron Mountain R. R.
Co., 173.

Effect of homestead laws which operate retroac-
tively. Cochran v. Darcy, 179.

Legislative grant of a fund to a municipal corpo-
ration cannot be taken away or diverted by

subsequent legislation. Spaulding v. Andover,
179.

Power to release taxes due municipal corporations.
Davenport v. Railway Co., 385, and note, 388.
Duties of tonnage, 207. And state quarantine
laws, 413.

State statute enacting that foreign corporations
shall not transact business within its limits, un-
less it contracts not to remove suits against it
to federal courts, void, 624.
Privilege in railroad charter of receiving sub-
scriptions from counties, a contract not im-
paired by subsequent legislation. Thomas v.
Scotland county, 216.

Statutes permitting amendments in pending suits,
unconstitutional. Kent v. Gray, 244.

The constitutional right to keep and bear arms
for public and private defence, 259, 272, 285.
Power of legislature to levy annual tax of ten
per centum on all gross receipts of railroads.
North Mo. R. R. Co. v. Maguire, 275.
Power of the courts to award a mandamus
against the governor of a state. People v.
Badgley, 299.

Or against comptroller, 395; Bledsoe v. Inter-
national Railway Co., 401. But see 627.
Appropriation by state of assets of insolvent state
bank to pay debt of state to the prejudice of
private creditors, void. Barring Bros. v. Dab-
ney, 337.

Power of state to tax land grant of Union Pacific
Railroad Company and Burlington and Mo.
River Railroad Company, 347.

Power of a state to prohibit introduction of Tex-
as cattle, 359.

Illinois patent law of 1869 unconstitutional, 367.
Territories not sovereign; cannot pass laws for for-
feiture of alien's lands, 408.

Contract with railroad company to erect warehouse
and receive and discharge all freights, not re-
pugnant to power of Congress to regulate com-
merce between the states, 421.

Power of a (federal) court of equity to restrain
treasurer of state from paying out money in ac-
cordance with law, 457.

Ex parte

The Louisiana question, 475, 488, 527.
Power of a state to prohibit the introduction of
lewd and debauched Chinese women.
Ah Fook, 515; Ex parte Ah Fong, 516.
Power of a state to regulate the speed of railway
trains, 484.

Mr. Justice Bradley's opinion in the Grant Parish
case, construing the recent amendments to the
federal constitution, noticed, 524.

Legislature can vacate office of professor in state
university, who is appointed for six years, "sub-
ject to law," 576.

Power of legislature of Missouri to release state;
lien upon railroads; "shall have no power for
any purpose to release the lien," held not to
prevent the legislature from compounding the
debt, and thereby discharging the lien. Wood-
son v. Murdock, 619. Dissenting opinion of
Mr. Justice Miller, 628.
Louisiana funding bill; suit to enjoin its collec-
tion; suits in federal courts against a state; the
federal courts have no jurisdiction to force a
state to pay its obligations. Macauley v. Clin-
ton, 164.
Fourteenth amendment and state liquor laws.
Bartmeyer v. Iowa, 167.

Power of the judiciary of a state to control the
official acts of the officers of a state govern-
ment, 627.

New Jersey statute providing for sale pending lit-
igation of incumbered property, unconstitution-
al, 636.

Construction of Iowa; constitution as to exemption
of railway property from taxation. Davenport
v. Ry Co., 385.
CONTEMPT.

Power of federal courts to disbar attorney for con-
tempt; disbarring without a hearing; inherent
power of courts to punish for contempt. Ex
parte Robinson, 280.

County judge in England cannot punish for, 421.
In marrying ward of court, 548.
Power of federal house of representatives to com-
mit for, 549.

In failing to pay money, power to imprison for,
560.

Appeal from decree committing for contempt;
waiver of objection, 560.

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