AI B. B similarly compare the system in which he is an expert conceived and arranged. The work is published by CORRESPONDENCE. SURETYSHIP. appointed American suitors. They may either appeal the case or go away and swear at the court. With rea Editor of the Albany Law Journal : sonable professional feeling he seems to regret that his The death of one of two joint sureties discharges bis countrymen are unlike Englishmen in inclining to the estate both in law and in equity. Woodv. Fisk, 63 N. second alternative. He is as an American, though not Y. 245. But to effect tbat result the undertaking must as a lawyer, ungrateful at any rate in seeming to rep be joint, and not joint and several. Id. The relation robate the American disregard of the liberty of ap also must be strictly that of a surety. Richardson v. peal. It is devoutly to be wished that English liti- Draper, 87 N. Y. 337. And the rule obtains in case of gants were slower to use it. Redundancy of appeals direct proceedings by a creditor against the legal repis the disgrace of English law. It would frequently be resentatives of the deceased surety, but not where the better to go away and swear at the court in modera- action is brought by a co-surety for contribution. tion. Courts however have broader shoulders here Johnson v. Harvey, 84 N. Y. 363. perhaps that in parts of the United States. The doctrine of the last cited case would seem to enOf the incorruptibility and impartiality of British courage circuity of actions, or make it necessary, rather courts there can be no question. The praise is so in than to discourage the same, which generally is the disputable that the judges can themselves join in it policy of the law. without cousciousness of an indulgence in vainglory. In Richardson v. Draper, supra, Earl, J., delivering Care simply for the true decision is an obvious quality the opinion, makes in passing the following observaof British judges. Sir Hardinge Giffard uttered on tion: “The reasoning upon which the exemption of Weduesday a hope that no political and constitutional the deceased surety's estate from liability is founded, changes may be allowed to sully judicial patronage at though sanctioned by numerous cases, is not very con. its source, without any real fear that the Nation would vincing, and has not always been viewed by judges in any circumstances suffer the intolerable pollution. and jurists with favor. It is difficult to perceive why The extent to which recent legal reforms have restored the estate of a surety who was a joint obligor, upon to the Nation possession of its own law, and made law whose credit and responsibility mainly the obligee a manageable and available instrument of National loaned his money, should be discharged by the death life, is more debatable ground. Lord Justice Lindley of the surety. It would seem that in good conscience does not claim without cause that English jurispru- and sound morals, and upon principles of natural jusdence in the last few years has shaken off a vast load tice, it should respond and bear the loss, if any, rather of technicalities. It has become more practical and than the obligee who trusted the surety." heedful of common sense. It employs the learning of The views of Judge Elliott with respect to the imthe past as a clue to the truth, and does not feel it a portance of following precedents, as cited in the deep groove from which it may not try to escape. The ALBANY LAW JOURNAL of June 13, 1885, are sensible sole doubt is whether the evident amelioration there and judicious. To determine when to depart from has been of legal processes, and the advance toward a precedent is most difficult. But such power should certainty of the triumph of right in the end, have been exist. sufficiently matched by an improved prospect of final June 19, 1885. J. B. DALEY. and speedy deliverance from the legal labyrinth. Eng. lish law, though much less unintelligible and artificial COURT OF APPEALS DECISIONS. than formerly, remains for the litigant, as it has been said to be for the practitioner, a jealous mistress, that HE following decisions were handed down Tues bears no rival. No wise man will go to law now any day, June 23, 1885: more than of old who is not prepared to make it for an indefinite time his profession. A suit progresses more Judgment affirmed with, costs-Crosby v. Hotaling; swiftly than in the days of Lord Eldon; it is scarcely Adamson v. Elwell; Almy v. Thurber; Risley v. Ab. easier for a suitor to be sure wher, if ever, he will be bey; Langley v. Sixth Avenue Railroad Co.; Pond v. costs out of it for good and all. In view of all the unavoid Order affirmed, with Woerrishoffer v. North River Construction Co.able complications of modern existence it is unfair Order of General Term reversed ; that of Special Term that a necessary like litigation should be a resource affirmed, with costs-Rice v. Barrett.- - Judgment against which prudence warns in the United States affirmed-People v. Morse alias West. ---Motion for according to the minister, suitors either appeal or reargument denied, with costs-Jackson v. Andrews. swear at the court. They are not hung up on both -Motion to amend remittitur denied, with costshorns of the dilemma at the same instant. In England Carpenter v. New York, Lake Erie & Western R. Co. it is not to be assumed that they abstain always from -Motion to amend remittitur. Granted, with costs the second form of intemperance because they are ex to be paid by appellant and without costs of this travagantly addicted to the first. motion--In re Petitiou of Waring and another. Motion to amend remittitur. Granted and remitti- tur to be amended so as to allow appellants costs of appeal, together with all necessary disbursements in SHARSWOOD & Budd's LEADING Cases ON REAL both-In the matter of the final accounting of the exPROPERTY. ecutors of William Tilden.- Motion to put cause on The second volume of this series is at hand. We can calendar for day certain. Denied without costs--City do no more than reiterate our opinion expressed on of Brooklyn v. Copeland; Parker v. Supervisors of the publication of the first volume. The editorship Saratoga; Haight v. Same; Powell v. Same.---Motion has been deprived, by death, of the services of the ac- to strike cause from calendar. Granted on payment complished Judge Sharswood, but Mr. Budd shows of taxable costs of appeal and $100 counsel fee-Champgood discrimination in selection, and his notes are well lin v. Stodart. THE GENERAL INDEX. " Vergil 140 Page. CORRESPONDENCE-Continued. Page answers to an interesting inquiry.. 340 answer to a query.. 380 cancellation of notice of pendency. 198 cheap justice.. 199 79 100, 338 Court of Appeals calendar. 157 denials on information and belief.. 319 Enjoin 181, 220, 240, 279 239 40 Rundle ... Holl's Memoir of Lieber. 140 419 inconsistent decisions ; denials on informatlon and belief ...... 159 161 319, 360 law reports 359 440 lost wills 440 80 199 280 500 380 219 160 40 420 38, 258 259 political contributions from candidates for judge 220 120, 159 300 340 279 319 79 ..219, 240, 338 460 r 79 420 520 360 COURT OF APPEALS, suggestion of double 460 241 180 361 361 202 199 (See Current Topics. ) 420 CRIMINAL LAW, abstracts. 19, 78, 238, 256, 278, 358, 438, 458, 499 380 CURRENT TOPICS: 120 act prohibiting cigar-making in tenement-houses de- 285 82 180 agnosticism ; increase of, necessitates modification 301 199 aldermen; enjoining and release of, for political 199 21 40 American decisions; importance of, to coming lawyer 182 Anthony, Judge Elliott, interesting articles on 199 421 180 appeals from petty orders in First Department, N. 62 Arnold, late Isaac N., portrait of.. 321 Arthur, ex-president, resuming old law practice ; 422 501 assassination ; never justifiable in national differ- 101 101 281 Bar association; Georgia on Judicial Reform, por 302 221 241 61 364 of New York city; printing of absurd social theories against Codification by.. 21 122 of New York State ; meeting of, notice of trans- actions 36 41 341 Cairns, the late Earl ; reminiscences of, by Lord Coleridge.. 341 462 "catch-lines:" proper office of, as distinguished 202 82 279 Chicago Law Institute; catalogue of, library of 162 300 cigar-making in tenement-houses ; act prohibiting, 500 declared unconstitutional 399 Civil Code, and revision of Statutes ; names of committee on 102 261 ences of ...... of ...: on 221 CURRENT TOPICS-Continued. Page. "French law of marriage," London Law Times on, 122 382 Hamilton, Alexander, value of his ideas on inance, 81 new edition of works of.... hanging, pleasant mode of execution, Dr. Hammond 302 on. 302 head.notes, judges should not make, Virginia Law Journal on 21 481 Hill Governor, message upon reform of Legislative methods 62 “history of the people of the United States," Mc- 201 Master's husband and wife, valid copartnership of, with re- 201 gard to wife's separate estate 81 imprisonment for debt, Mr. Titus' bill for abolition 341 381 injunction; against receiving letters; against slander, 3 321 refraining mayor from filling certain municipal offices.... 141 141 injury, company not responsible for fireman injured 141 481 insanity, bill to amend code in relation to plea of... 201 241 Insurance, American life, a fraud, Central Law 61 401 1 381 "iteration in law,” David Dudley Field and ex-Judge Dillon on 382 -; remedy in hands of legislaturel.... Jones, Miss Becky, imprisonment for contempt 102 21 judicial legislation, actual, conflicting with pretense 281 21 treated in different communities, Judge Cooley and ex-Judge Erskine on.... 402 English, delivering opinions seriatim, Central Law Journal on.... 121 81 42 political struggle championed by 21 322 441 .342, 361 should not make head notes, Va. L. J. on... 21 -, always for amplification instead of bare point jury, Judge Van Brunt surprised at verdict of.... 381 punishment of, juror in short case by Judge Van 421 401, 461 204 system, proposed to be adopted in criminal and political cases in Norway. 221 42 justice of the peace, not disqualified on arriving at 4 labor and capital, relations of, to law, Judge Cooley 1 321 language, ambiguous use of arising from punctua- 1 tion larceny, common law uncertain as to what consti- 2 tutes, St. James Gazette on. Latin and French terms, senseless use, of in law.... 41 162 law, enforcement of dead-letter, case of Buddensiek, 501 41 263 brutal enforcement of, whipping 501 142, 181, 281, 321 constitutional question in case of appointment of General Lawton... 421 existence of lessons "Emotional Insanity' laws of 1879, omission of chapter 489 in seventh 221 501 501 Law Journal (Albany), subscribers' reason for discon. tinuance of,... 81 law journals, important changes in, during past 381 82 "lawless court,"the, account of, by Mr. Ernest J. 221 Miller. law and order, association for enforcement of Sun- 202 day.. la of the Legislature and of the courts 121 Law Quarterly Review, London, notice of opening number . 81 law, relations of labor and capital to, Judge Cooley 62 281 491 lawyers given "fits" by Chief Justice of Ontario.. legal compilation's, importance and value of Amer- ican Decisions, and Myer's Federal Decisions.. 62 Legislative acts, necessity of employing trained 461 class in drafting... letters, injunction restraining publication of Lord 481 Lytton's. paper. 101 Lieber, Franz, paper on, by Mr. F W. Holls.. Livingston, Chancellor, appropriation twice vetoed 2 to purchase Palmer's statute of.... “London Stone,” essay on, by Mr. Ernest J, Miller, Lotinga Case, reference to, by Spectator and Solici- 181 tor's Journal.. on... 1 on. 182 101 103 181 madness and crime, Mr. Austin Abbott on.. 261 marriage, cermouy not essential to in New York 501 master and servant, railroad company liable to its engineers for Injuries incurred by negligence of its 61 conductors .... medical expert testimony, Dr. Frank H. Hamilton 241 1222 on.. 141 222 CURRENT TOPICS-Continued. Page. 22 41 302 502 meeting of.... nental questions.. 301 101 161 262 162 York State, report of N. Y. Bar Association on 282 122 462 241 462 281 421 81 41 121 82 501 461 442 422 341 141 261 vacation," disagreement ol judges as to meaning 441 22 161 242 461 361 302 62 2 are ca 2 ana. Page. 382 160 242 285 guilty of contempt.... 401 France 241 242 421 304 346 202 141 101 419 283 59, 257, 359 481 defeat of Judge Cooley; no argument against 462 281 239 321 401 422 239 438 261 221 144, 183, 244, 264, 323, 344, 383, 403 305 281 362 281 441 84, 164 305 364 304 283 104, 204, 424 483 426, 445 on. 166 66 206 domicile and marriage, correspondence between 465 225 246 365, 385 127 187 64 125 106, 127 285 on....... 1065 Brite 382 for DALY, J. B. on married woman's liability on contract 187 341 121 382 462 121 500 402 4, 24 .. 36 LEADING ARTICLES-Continued. Page. 414 18, 253, 294, 417 234, 300, 377 Maine Supreme Judicial Court. .97, 138, 178, 255, 413 98, 236, 133, 497, 516 .84, 164 Massachusetts Supreme Judicial Court... 31, 296, 435 224 Michigan Supreme Court.. 33, 356, 478 Minnesota Supreme Court., 118, 139, 318, 335, 367 206 137, 217, 254 504 Nebraska Supreme Court. 31, 99, 378 New Jersey Court of Chancery... 177, 476, 498 New Jersey Court of Errors and Appeal. New Jersey Supreme Court 32, 294, 475 402 New York Court of Appeals., 13, 57, 75, 94, 116, 134, 155 176, 194, 212, 232, 251, 273, 290, 316, 373, 410, 455, 513 .365, 385 New York Court of Appeals decisions ...80, 100120, 140 200, 220, 240, 260, 280, 320, 340, 360, 380, 400, 460, 480, 500, 520 .197, 478 Ohio Supreme Court commission.. 218, 378 Oregon Supreme Court... 402 Pennsylvania Supreme Court.... 17, 34, 178, 298, 398, 457 Texas Commission Appeals. Texas Supreme Court. 362 United States Circuit Court. 14, 96, 117, 136. 215, 292, 333 397, 515 United States District Court.. 96, 117, 136, 215, 22, 515 United States Supreme Court... 75, 95, 135, 156, 196, 214 482 275, 317, 332, 355, 375, 396, 494 Vermont Supreme Court.... 58 Wisconsin Supreme Court.. 235, 274, 318, 336, 418 RECENT ENGLISH DECISIONS... 19, 437, 519 78, 4:38 REVISION OF STATUTES AND CIVIL CODE 40 282 SEDGWICK, Arthur G., review of Code by.. 302 66 SHEPARD, Elliott S., noteworthy remarks by, before State Bar Association.. 81 SOLICITOR, the English, A. B. M. on. 224 100 66, 166 40 486 400 "STARE DECISIS," conflict between pretense of 380 281 STERNE, Mr., essay before American Bar Association 282 500 STEWART, David, on household agency of hus- band and wife.... 208 200 246 260 THOMPSON, 'D, G., on moral evil, its sources and remedies.. 302 60 TRIAL OF LORD'S, Warwick and Mohun for mur. 125 340 420 VAN BRUNT, Judge, surprise of, at verdict of jury. 381 160 401 429 100 WALLACE, Ex-Chief Justice, on working of codein 205 202 WHARTON, Francis, on important instructions in 121 relation to citizenship, domicile and marriage. 504 WITNESSES, rules as to the privileges of, John D. 160 Lawson on........ 144, 183, 244, 264, 323, 344, 383, 403 260 WOOD, James, on agister's warranty of wholesome- ness of pasturage.. 205 261 YATES, Edmund, imprisonment of, for society libel, 102 |