Слике страница
PDF
ePub

using the mortgaged stock of goods therein, selling the same and reinvesting the proceeds. The conveyance was held fraudulent and void as to other creditors.

Insolvency-Discharge-Composition-Estoppel.-W. L. Blake Co. v.
If an insolvent debtor with-

Lowell, 34 Atl. Rep. 264 (Me.).
draws the percentage gained on composition proceedings and
withholds it he can not use the discharge to accomplish his own
fraud by pleading it in bar of the suit of his creditor.

Bankruptcy-Assignment-Preferences.-Goodbar Shoe Co. v. Montgomery, 19 Southern Reporter 196 (Miss.). The appellant claimed that an assignment in which certain creditors were preferred was void. It was held that, as the assignment expressly stated that the assignee should pay "according to the true amounts legally due the creditors," and that any creditors whose names had been accidentally omitted should share under it, the objection alleged did not invalidate it.

MISCELLANEOUS.

Contracts-Consideration-Eaton v. Libbey et al., 42 N. E. R. 1127. The defendants in this action maintain that a child was a stranger to the consideration of a note given to his parents for his benefit for the privilege of giving him a name, and that he, as plaintiff, could not sue on it. Held, that the consequence of a name affects the child more than any one else that the child has an interest in the name imposed and that it forms a consideration which will give him right to sue on the note.

Libel and Slander-Book Review-Correct Statements-Criticism— Characterization.-Dowling v. Livingston, 66 N. W. R. 225. The plaintiff published a book entitled "The Wage Worker's Remedy." The defendant's paper, Detroit Journal, in reviewing the book spoke of its author as appropriating the theories of other writers without giving them any credit, while his solutions of different labor problems were characterised as "quack remedies which would only intensify the trouble." The whole attack was full of sarcasm and ridicule, but there was no misstatement of fact. The court said, "When an author places his book before the public he invites criticism and however hostile that criticism may be and however much damage it may cause him by preventing its sale, provided the critic makes no misstatement of any material facts contained in the writing and does not attack the character of the author, there is no remedy."

BOOK NOTICES.

The Principles of the American Law of Bailments. By John D. Lawson, LL.D., Professor of Common Law in the University of the State of Missouri. Pages xv., 667. The F. H. Thomas Law Book Company, St. Louis, 1895.

As is announced on the title page this treatise by Mr. Lawson on the subject of Bailments is a companion to his previous work on Contracts and is written in the same spirit. We notice the same scientific point of view, the same attempt to treat the subject in hand by a close and logical analysis which the earlier text-book displays to such a marked degree. In following out this conception the author has rejected the conventional classification of bailments which has held undisputed sway in our textbooks since the days of Lord Holt and Sir William Jones. In its place he adopts a division of the subject into ordinary and exceptional bailments, of which the first includes bailments for the sole benefit of bailor (depositum and mandatum), those for the sole benefit of the bailee (commodatum), and those for the mutual benefit of both parties (pignus, locatio rei). The second class of exceptional bailments covers the cases where the law imposes certain obligations of a public nature, such as innkeepers and common carriers. This classification is the chief novel feature of the book; it certainly lays out the field in a more scientific way than the older method of treatment, and it is open only to the objection that our authorities from time whereof the memory of man runneth not to the contrary have looked at the subject from the more artificial point of view-a fact which is of considerable practical importance.

Mr. Lawson's book will probably become the most useful elementary text-book on this practical subject, both on account of its thoroughness and its concise character. A first reading points to the chapters on common carriers and the concluding chapters on questions of proof and damages as of especial practical value.

Law of Garnishment. By John R. Rood. Sheep, 534 pages. West Publishing Co., St. Paul, Minn., 1896.

This is claimed to be the first text-book ever published which is exclusively devoted to the subject of garnishment. The author

clearly states in his preface the object and scope of the work: "It has been the one aim and effort to make a book of ready reference in which all the decisions upon any point of garnishment law and their bearings may be discovered with the least possible expenditure of time. It is not sought to lay down the law, but merely to furnish a key to it which shall in a trice open to the searcher the authorities upon any branch of the subject." To this end there is a topical and an analytical index, with a table of cases, and ample cross references. Conflicting authorities are clearly indicated. Among the matters treated of are "Persons who may be Garnisheed," "Property subject to Garnishment,” "The Effects of Garnishment," and "Procedure in Garnishment Proceedings." Altogether it is a very useful book, and should be of great value to lawyers who have much to do with this class of cases.

Bodington-Kelley's French Law of Marriage. Half Law Sheep,
Baker, Voorhis & Co.

280 pages.

1895.

In these days when international marriages are becoming more and more common, a new edition of Kelley's French Law of Marriage which has recently come into our hands for review is most timely. This volume will prove of interest not alone to the student of Private International Law, but the American who is about to marry a citizen of France, may well consult its pages and learn the effect of French law upon such a contract. The author, Edmond Kelley, an American residing and practicing law in Paris, wrote for the American Law Review an article on the French Law of Marriage and this, having proved of much interest to the public, it was enlarged into book form and pub. lished in 1885. The present edition has been revised and enlarged by Oliver C. Bodington of London, so as to contain the text and translation of the new articles imported into the French Code by the Divorce Laws of 1884 and 1886 and generally to carry the text and authorities down to date. The book is printed in bold, clear type and divided into chapters and sections devoted to such subjects as "Capacity of Parties," "Formalities of Celebration," "Validity of Marriage of French Citizens Abroad," "Marriage of American Citizens in France," "Consequences of Marriage Under French Law," "Property as Affected by Marriage," "Separation and Divorce," etc., etc., also extracts from the French Civil Code bearing on Marriage and Divorce and an Appendix containing copies of many diplomatic documents from the archives of the American Legation.

Π

The Works of James Wilson, Associate Justice of the Supreme Court of the United States and Professor of Law in the College of Philadelphia. Edited by James DeWitt Andrews, 2 vols. cloth. Price, $7.00. Callaghan & Company, Chicago, 1896.

The production of the famous lectures of Professor Wilson is a real service to all those who are interested in the philosophical study of American institutions. The author was a profound student of political science and comparative jurisprudence and was distinguished as the member of the Constitutional Convention, most learned in the Civil Law. The lectures which form the greater part of these volumes were delivered to the students of the College of Philadelphia in 1790-92. The mind of a master is apparent throughout. He discusses and controverts the views expressed by European writers, notably Puffendorf and Blackstone, as to the nature of sovereignty and the origin of law, with a skill and logical force worthy of the subject and of the combatants. The theory of jurisprudence which underlies American law probably finds its best expression in these pages. The student of American political and legal history cannot well afford to neglect this book. It is impossible to read it without feeling a profound admiration for the character of the men who undertook and solved the problem of forming our national system, and for the qualities and training which they brought to their tremendous task. Mr. Andrews' preface, memoir, introduction, and notes are alike valuable and interesting.

A Treatise on the American Law of Attachment and Garnishment. By Roswell Shinn of the Chicago Bar. 2 vols. Sheep.

The scope of this work is broader than that of any modern work treating of the subject. The author has made a systematic arrangement of the subjects following their natural order, and by minute analysis of each subject treated of, has so expounded it that it is within the easy grasp of the reader. Every phase of the law of attachment and garnishment is set forth with a complete and accurate statement of its principles. The work is a general one calculated to supplement the statutes of every state, and it cannot fail to gain great popularity among the legal profession.

MAGAZINE NOTICES.

Albany Law Journal, 1896.

Execution of Foreign Judgments in England, G. G. Phillimore

Apr. 4.

Apr. 11.

The Common Law of England,

[blocks in formation]
[ocr errors]

Law Times E. H. Mounier Sylvia R. Hershey

Law Times

[blocks in formation]

Percy Edwards

Chemical Experts: A Trio of Important Factors in
the Detection of Crime,

[ocr errors]

Apr. 17.
Apr. 24. Vesting of Legacy-Presumed Assent of Executor.

[blocks in formation]

William L. Murfree, Jr.

Frank Trenholm

J. H. Ramage

« ПретходнаНастави »