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Lucas v. Case, 598

Lyon v. Pollard, 83

Lyle v. Ellwood, 525

MUIR v. FOLEY, 713

Mullen v. Indiana, 661

Munford, J. E., ex parte, 45

Munnell v. Peters, 68

Muller v. Fern, 147

Murdock v. Mayor, etc., of Memphis, 135, 151
Musselman v. Cravens, 482

Mutual B. L. Ins. Co. v. Atwood's Adm., 500

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Rubber Tip Pencil Co. v. Howard, 161 Ruchman v. Lightner's Exec., 500 Ryan v. World Mut. Ins. Co., 131 Ryder v. Meyer, 324

Saint v. Pilley, 529

Salkey and Gerson, in re, 110, 224
Salmon et al. v. Burgess, 775
SAUNDERSON v. GRAVES, 654

Salmon v. Delaware, etc., R. Co., 662
Sanborn v. Robinson, 710

SARGENT V. BOSTON & L. R. Co., 403, 714
Sargent v. Cornish, 380

San Francisco, etc., R. Co., v. Bee, 528

San Francisco v. Spring V. Water W., 528

Sausser's case, 529

Sawyer et al., ex parte, 482

Scaife v. Farrant, 383 (Ex. Ch.) 605
Schalwin v. Holmes, 668

Schrader v. Burr. 14

Scott v. Kelly, 160

Scott v. Miller, 661

Scudder v. Union Nat. Bank, 827

Sea Gull" v. "Sarah Watson," 228

Seaman v. O'Hara, 727

Seckel v. Scott, 451

Secombe v. Railway Co., 322

Selma, etc., R. Co. v. Lacey, 305
Sewall v. Roberts, 402

Seymour v. Bailey, 661

Shanks v. Albert, 483

Shedd v. Hawthorne, 96

Sherrard v. Lafayette Co., 347

Shirts v. Overjohn, 423

Schulman et al. v. Loeb & Brother, 42

Shurtleff v.. Thompson, 725

Sierra's Case, 529

Singer v. Sloan, 141, 133, 218

Sinking Springs etc., Ins. Co. v. Hoff's Exrs., 791

Sinus v. Bice, 689

Skouton, et al., v. Wood, 61

SLAUGHTER v. LYNCHBURG, 277

Sloan v. Missouri Pacific R. Co., 781

Slott v, Rutherford, 562

SMITH V. ATTECK, 34

Smith v. Glenn's Falls Ins. Co., 710

Smith v. House, 35

Smith v. Nichols, 322

Smith, et al., v. Smith, et al., 720

Smith's Case, 528

Somerset Co. Ins. Co. v. May's Exrs., 791

Sonnerborn v. Mina, 164

Southern Ex. Co. v. Caldwell, 481

Southern Ex. Co. v. Craft, 112

South Carolina v. Railroad Corporations, 774

Stevens v. Gage, 589

Steward v. Teutonia, 482

STICKNEY, ASSIGNEE, v. WILT, 39
St. Joseph, etc., R. Co. v. Callender, 31
St. John v. Quitzon, 89

St. Louis County Court v. Griswold, et al., 56
St. Louis Mut. L. Ins. Co. v. Grigsby, 123
St. Louis Sav. Bank v. Shawnee Co. Bank, 46
Stollenwerk v. Thacher, 402

Stout v. Merrill, 146
Stover's Appeal, 179, 227
Strader, et al., v. Snyder, 652

Stram v. Gourden, III

Strehl v. D'Evers, 303

Strohu v. Hartford F. Ins. Co., 710
Sulkey v. Joseph, In re, 291

SULLIVAN V. N. PACIFIC R. Co., 12, 165
Sullivan Co. v. Snell, 99

Sullivan's Admr. v. Louisville B. Co., 598
Sullivan Co. v. Grafton Co., 695

Swain v. Saltmarsh, 388
Sweeney v. Lomme, 371
Swihart v. Shaum, 82
Sykes v. Sykes, 112

Tappan's appeal, 694
Tarrant v. Swain, 754
Tawney v. Long, 531
Teat, ex parte, 48

Templeton v. Kraner, 259
TENNANT'S CASE, 97
Tennille v. Phelps, 305

Terre Haute, etc., R. Co. v. Fitzgerald, 482
Terry v. Imperial F. Ins. Co., 459

Texas Bank & Ins. Co., v. Texas, 691
Third Nat. Bank of St. Louis v. Allen, 612
Thomas v. Groesbeck, 449
Thompson v. Donaldson, 192
Thompson v. Toland, 527
THRELFALL v. BARWICK, 302
Tills & May In re, 224

Titus v. U. S., 289

Titusville Novelty W. v. Graham & Co., 67
Toledo, etc., R. Co. v Muthersbaugh, 83
Tomlinson v. Derby, 662

Towell v. Pence, 483
"Tonawanda," The, 483
Treat v. Jemson, 372
Tremain v. Hitchcock, 450
Tucker v. West, 607

Underwood v. People, 315

Underwriter's agency v. Seabrook, 305

Union Central L. Ins. Co. v. Poettker et al, 792 Union Hall Assoc. v. Morrison, 15, 98

Southern & Atlantic Tel. Co. v. New Orleans, etc., Union Pacific R. Co. v. McShane et al, 104

R. Co., 88

South Boston Iron Co. v. Brown, 574

SPADES V. SPADES, 713

Spalding v. Abbott, 695

SPEED V. MACAULEY, 698

Spear v. Hill, 388

Speer v. Bishop, 306, 355

Speyer v. "Mary Belle Roberts," 240

Sprattey v. Mut. Ben. Ins. Co., 243

Spratt v. Pierson, 774

Stanton v. Haverhill Bridge Co., 599

United Land Co. v. Great East, R. Co., 195

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Vermyle et al. v. Adams Ex. Co., 381
Visauska v. Bradley, 774

Wadham v. Gay, 547

Walker v. Day, et al., 179

WALKER V. MISS. VALLEY, ETC., R. Co., 481
Walker v. Seigel et al., 508
Wallace v. Auer, 467
Wall, ex parte, 527
Waller v. Creswell, 774
Ward v. Belton, 435
Ward v. Flood, 527

Warner v. Cronkhite, 773

Warren v. Wisconsin Val. R. Co., 542

Warning v. Pennsylvania R. Co., 67
Washington v. Meigs, 563

Waterman v. People, 599

Watson v. Citizens Sav. Bank of S. C., 126
Watson v. Taylor, 511

Watson v. Bondurant, 371

Weaver v. Ohio, 260

Weave v. Linnell, 727

Webb, In re., 775

Weber v. Anderson, 227

Weed Sewing Machine Co. v. Wicks, 475
Weil v. Calm, 97

Weimar v. Bunbury, 99

WEISE V. JUNKER, 197

Welch v. Ware, 346

Wells v. Mayor, 529

Wells' Admr. v. Robb, 598

Wemys v. Hopkins, 509

West Chester, etc., R. Co. v. Jackson, 178

West End, etc., R. Co. v. Atlanta, etc., R. Co., 30

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UNITED STATES v. STEAMBOAT MONTICELLO, 50 Winter's appeal, 178

U. S. v. Kansas Pacific R. Co., 801

U. S. v. George et al, 77

U. S. v. Villalonga, 83

U. S. v. State Nat. Bank of Minneapolis, 107

U. S. v. Southmayd, 86

U. S. v. Maxwell, 314

U. S. v. Shrewsbury, 322

U. S. v. Distillery No. 28, 749

U. S. v. Williamson, 371

State Board of Agriculture v. Citizens Street R., U. S. v. 483

Stanberry, et al., v. Dickerson, 147

St. Clair Co. v. Wiggin's Ferry Co., 178

Stearns v. Mason, 500

Ste. Marie's Case, 529

Stephens v. Green Co. Iron W., .

Stephens v. Black, 67

Stevens v. Bowen, 112

44

Rinsdorf, 679.

U. S. v. Union Pacific R. Co., 831

U. S. v. Cheeseman, 791

U. S. v. ex rel McKee v. Vernon Co., 771

U. S. etc., Felting Co. v. Haven, 758

UNIVERSAL NON-TARIFF INS. Co., in re, 318 Upchurch v. Anderson, 467

Upton v. Haines, 695

Upton v. Tribilcock, 784

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SEYMOUR_D. THOMPSON, }

Editor.

ST. LOUIS, FRIDAY, JANUARY 1, 1875.
Our Second Year.

Most of our readers will be apprised, by a circular from the

Hon. JOHN F. DILLON,

{ Contributing Editor.

LIABILITY OF STOCKHOLDERS IN INSOLVENT CORPORATIONS. -We publish in this number the full text of a very recent States, delivered by the chief justice upon this subject. In and satisfactory opinion of the Supreme Court of the United view of the large number of corporations which have failed in the last two years, this opinion is one of no inconsiderable interest. It will be seen that the supreme court hold, that a provision for proportionate liability on the part of

publishers, of the reasons which have induced the changes with which we begin the present year. Judge Dillon retires from the active management of the JOURNAL at his own request. We are authorized in saying that this will not diminish his interest in the JOURNAL, nor will it materially lessen the amount of his contributions. He will not, how-members for the debts of the corporation, is equivalent to a

ever, as heretofore, feel under the necessity of contributing at stated times, but will be free to confine his labors on the JOURNAL to such intervals of leisure as he may have between the terms of his various courts. Nor will he in any sense be chargeable with responsibility for opinions which may be expressed editorially in these columns.

stockholders, and for the benefit of all the creditors, and that provision that the remedy must be in equity against all the at common law there is no individual liability on the part of stockholders for corporate debts, and that such a personal liability is purely statutory.

EXCHANGE OF BRIEFS.-During the past year we received from friends and subscribers a large number of valuable briefs, many of them on novel and important questions. How to utilize these puzzled us somewhat, particularly as we could It now ocnot find time to read and digest their contents. curs to us that we may accomplish this by making the JOURNAL a sort of bureau for the exchange of briefs. For instance, suppose a subscriber in California sends us a printed argument upon some novel question. Suppose another subscriber is laboring on the same, or on a similar question; it would be of great advantage to the latter to know that he could procure material assistance from his professional brother in California. To enable our readers to communicate with each other,

Without making any definite promises, we have it in mind to say that the four pages of additional space which we shall carry during the present year, will be chiefly devoted to the publishing of novel decisions of the state courts, and decisions of the Supreme Court of the United States which are of general interest. We also have in mind the introduction of one or two new features of interest, but think it best not to make any promises in connection with them. The general satisfaction of our readers with our first volume, has induced us to continue the general plan of the JOURNAL without substan- and to profit by each other's labors in such cases, we propose tial change. A little experience has sufficed to teach us that examining any briefs with which we may be favored, so far it is unwise to make definite pledges as to our future course. as will enable us to publish in the JOURNAL a statement of the Instead of doing this, we shall endeavor to see that the meas-points involved in the controversy, and the name and address ure of each day's duty is fulfilled, and shall trust our readers of the counsel from whom a copy of the brief can be pro cured. Any reader who may desire to examine it will thus be enabled to procure it by addressing a request to its author.

to judge of what we may do in the future by the efforts which we have been able to put forth in the past.

We desire to tender our earnest thanks to those judges and members of the profession who have favored us with opinions and contributions, and we solicit a continuation of their favors during the coming year. We need not remind them that our space will still be too limited to publish in full all opinions which we may receive; but we hope to be able either to publish or notice all that are of general interest. We shall be obliged to any of our readers for timely information of any decisions which they may consider of sufficient importance

ind general interest for publication.

MANDAMUS AGAINST EXECUTIVE OFFICERS OF STATE GOVERNMENT.-Contrary to our usual custom, we yield a large ortion of our space in this issue to the opinion of the maority of the Supreme Court of Texes, in the case of Keuchv. Wright, which we noticed at length in our issue for Jecember 18. (1 CENT. L. J. 627). We shall publish the parate opinion of Mr. Chief Justice Roberts next week.

ADMIRALTY CASES IN THE SUPREME COURT.-If Mr. Chief

Justice Waite keeps on as he has begun this term, he will en-
dear himself to the profession by the brevity of his opinions.
The case of Rogers v. Schooner Wheeler, for instance, was a
case of collision in admiralty, and involved, as such cases
usually do, questions of fact only. Instead of writing a
great, long opinion, bringing out all the points in the evidence,
and giving Mr. Wallace an opportunity to illustrate them with
"Ques-
diagrams, he disposes of the case in these words:
tions of fact only are presented by this appeal. There is no

dispute as to the law. Two courts have already found against
the appellants. It has been over and over again ruled by this
court, that under such circumstances the burden is on the ap-
pellant to show the error. Every presumption is in favor of
the decrees below. We ought not to reverse unless the error
is manifest. Such is not the case here. It is, indeed, urged
that the claimants, by their own proof, established the fact
that there was no lookout at the bow of the Wheeler when the
collision occurred. This is so, but whether that was a con-
tributing fault was a question of fact, and that has been twice

affirmed."

The judgment of the circuit court is

found against the appellants. We are entirely satisfied with information of the same nature, which enables litigants to watch the progress of their causes. Heretofore, on the first day of a term, the attorneys' clients all the findings. and witnesses, promiscuously attended court, in consequence of which the court rooms were crowded to such a degree that no business could be transacted; and so for several days thereafter. Now, none need nor will attend except those whose causes are set down for trial. But the great feature of the bill, and that which should specially command it to the public, is the provision by which all legal notices or advertisements required by law to be pub

But what shall we say of the fact that the precious time of the judges of the Supreme Court of the United States must be taken up with the consideration of questions like these, which a jury of old sea captains would be more competent to determine? Under the ruling in Morgan v. Thornhill, 11 Wall. 65, we now have substantially nine final courts of bankruptcy, the number of questions and of causes which can be taken above the circuit judges being extremely limited, compared with the great volume of bankruptcy litigation. If "a uniform system of bankruptcy" can be successfully administered in nine final courts, it should really seem that questions in admiralty which do not involve important and unsettled questions of law, might stop in the circuit courts.

The Publication of Legal Notices.

An act passed by the Legislature of New York last winter, and which Governor Dix has just approved, provides as follows:

The presiding Justice of the Supreme Court of the First Judicial District, the Chief Judge of the Common Pleas Court in and for the City and County of New York, the Chief Judge of the Superior Court of the City of New

York, and the Chief Justice of the Marine Court of the City of New York, or a majority of them, shall designate a daily law journal, published in said city, in which shall be published all calendars of the courts of record held in and for said city and county, which calendars shall contain the numbers and titles of the causes and names of the attorneys appearing therein, with such

particulars and notices in respect to such calendars, or the causes thereon, as may be specified by the clerks of said courts respectively, under the order of said courts, together with every notice or advertisement in legal proceedings, or which may be required by law to be published in one or more papers in said in only one paper, then such publication shall be made in said paper; but if such notice or advertisement is required to be published in more than one paper, then one of such requisite papers shall be the paper so designated. Provided, that no greater sum shall be paid per folio than that now allowed by law.

city or county. If such notice or advertisement is required to be published

lished in one or more papers are required to be published in the official organ

as one of such papers. As a matter to be proven, it is proper that some one paper should be designated for such purpose. For the object of reference, such notice or advertisement will always be found in the official journal; and in perfecting the titles to properties sold under foreclosures or other processes this singling out a certain fixed and determinate publication will be invaluable.

The Supreme Court of the United States. should never be required to perform the police or atigue The French writers on the art of war, say that the cavalry duty of an army when it can be avoided; but that the strength and spirit of this arm of the service ought to be husbanded and nourished, not only in time of peace, but also during the active movements of the campaign, to the end that it may be freely lavished at the decisive moment on the field of battle. It would perhaps be well if Congress would apply this principle to the work of the judges of the Supreme Court of the United States. Their strength should not be wasted by the consideration of a mass of miscellaneous litigation with which their docket is crowded, which might equally well be determined in other tribunals, but should be carefully husbanded, in order that they should be able to give their best efforts to the determination of the great questions of constitutional and public law which are constantly coming before them. To give them some relief, and to render it possible for them to get through with the work which is constantly accumulating and increasing before them, several measures have been suggested. Of these the more important are the following:

1. To increase still further the number of the judges. To this proposition there are serious, if not insuperable, objections. Some who have attentively studied this subject, be

We referred to this particular measure, and expressed our views on the subject at some length in a previous number (Ilieve that a court composed of more than five judges, is too CENT. L. J. 391). The appropriateness-nay, even the necessity-in large cities of selecting some one law journal as the medium in which all legal advertisements shall be published, is too obvious to dwell upon. It must have been this consideration which inclined Governor Dix, after a long deliberation, to approve the above act, although it was opposed by the leading daily papers, and by the Council of Political Reform, of New York City, and although it involves what, on a superficial examination, may seem to savor of monopoly.

We need not add that the Daily Register is the journal which the judges have designated as the official journal of legal advertising under this act. This journal has, by its judicious attention to local interests, by its habit of reporting the decisions of the courts of New York City immediately after their rendition, by the freshness and ability of its editorials, and by the judicious quality of its selections from other journals, justly deserved this favor, and its managers and editor deserve our congratulations. In entering upon its new career, the Register makes the following observations:

This daily publication is hereafter to be official, and therefore a legal notice tried. The benefit to the legal profession is great, because of the daily information conveyed by such official organ; and to the general public it conveys

to parties litigant of the time when, and the place where, their causes will be

unwieldy for a good working court. Every one who has had experience with the workings of deliberative bodies, understands how much more readily a difficult and complicated whole house. In fact we believe that "committee of the measure can be developed in a small committee than by the whole" is seldom resorted to, except for the purposes of desultory debate, and as a sort of preparation for the final vote. The plan of increasing the number of judges, then, although it seems the measure most likely to be adopted, may be dismissed as the one least practicable.

2. To abolish appeals and writs of error from the supreme courts of the territories, and from the Supreme Court of the District of Columbia. Concerning the expediency of this measure, there would seem to be no room for hesitation. There would seem to be no valid reason whatever why these courts, composed as they are of benches of judges selected by the President and Senate from the whole Union, cannot exercise final jurisdiction over all matters wherein the jurisdiction of the highest state tribunals is final, and why the supervisory power of the Supreme Court of the United States should not be limited as to them in the same manner as it is limited with reference to the state courts.

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