« SebelumnyaLanjutkan »
bave been known to the Lord Chancellor. But poor serious blow to this school there can be no doubt; for Mr. Cobbett will tease the court no more; and the Great Hall of Pleas will lose one of its most constant
it makes it impracticable, as a rule, for two important visitors. Its analogue in the French Palais de Justice
classes of the graduates of Harvard college to remain is called " La Salle des Pas Perdus." How many tens here for their legal education; namely, those whose of thousands of footsteps must not old Mr. Cöbbett homes are in the State of New York, and who expect have utterly squandered and wasted in Westminster Hall!
to remain there, and those who, not being residents of The Queen's speech, read in Parliament to-day, con
the State of New York, are ambitious to establish tains the following paragraph:
themselves in the city of New York. It is true, that Among other measures for the amendment of the any graduate of this school who has received the delaw, a bill will be laid before you to simplify and ex
gree of Bachelor of Arts from a college (even from the press in one act the whole law and procedure relating meanest college in the United States) will be relieved to indictable offenses.
from one year of clerkship; but it is not to be supThis confirms what I wrote to you in the autumn, posed that Harvard graduates, who intend to practice of the intention of the Lord Chancellor to bring in a
in New York, will go through a year's course in this bill for the codification of the criminal law.
school, passing severe examinations at the end of each year, if neither our degree nor the time spent here is
to count for any thing in the State where they are to THE HARVARD LAW SCHOOL.
practice. Moreover, if the other States of the Union
should follow the example of New York, in this reTHE annual reports of the president and treasurer of spect (and this is a fair test to apply to the action of Harvard college, just issued, contain considerable of
the latter State), it would seem that this school, or any interest to the profession in relation to the Law
other school of national scope, must cease to exist." school connected with the college. According to the The Court of Appeals is, however, not responsible for
the discrimination in favor of New York law schools, report, “the condition and prospects of the Law school are in the highest degree satisfactory. It
that being the result of the legislative enactments in grows in numbers, improves as regards the quality of
pursuance of which the rules were made. The report
of the dean contains some valuable criticism on the its students, earns a good surplus from year to year, adds steadily to its valuable library, and step by step general subject of admission to the bar that enlarges its instruction and increases the significance worthy of the attention of the profession. He does of its degree.” The reports criticize the rules of the
not approve of the adoption in this country of the Court of Appeals of this State, in relation to admis- English ideas upon the subject. The States have, as a sion to the bar, in this respect, that they make no al rule, adopted the English notion, and in measuring lowance to the candidate for admission for the time
the standard of qualification, have insisted on a thorspent in attendance at law schools outside the State. ough training of the candidate as an attorney. They The president says that the Law school does not de
have thus been at cross-purposes with this law school sire to have its graduates admitted to practice with
which has endeavored to train its students to become out examination.” But it feels justified in asking counselors. Of course, a school cannot successfully
teach the art of the attorney, which is in its nature that its graduates who have spent two or three years in the study of law under the guidance of learned and
local, while the science of the law, which is general, can faithful teachers, should not be placed, as regards ad
be best taught there. mission to the bar, on a level with persons who have never opened a law-book, as is now the case under the rules of the New York Court of Appeals. In view of UNITED STATES SUPREME COURT ABSTRACT, its own honorable history, as a national school of law,
OCTOBER TERM, 1877. the school also thinks it a duty to protest against rules
CONSTITUTIONAL LAW. for admission to the bar which have a tendency to make legal education local in character, and to recruit 1. State statute prohibiting transportation of cattle.each bar chiefly from its own locality. Rules which A statute of a State, which prohibits driving or conmake discriminations in favor of the law schools of veying any Texas, Mexican, or Indian cattle into any particular State have this tendency. The result the State between the first day of March and the first which such rules tend to produce, could it be com- day of December in each year, is in conflict with the pletely brought about, would be a grave national mis- clause of the Constitution of the United States that fortune. What the Harvard Law school, aud every ordains “ Congress shall have power to regulate comrespectable law school, must desire at the hands merce with foreign nations, and among the several of the States, or the courts, is, that time well States, and with the Indian tribes." (State Freight Tux spent in the school, as proved by passing its periodic | Cases, 15 Wall. 281; Welton v. The State of Missouri, examinations, should count toward admission to the 91 S. C. 275; Ward v. Maryland, 12 Wall. 418; Henbar in every State, like time spent in an attorney's or derson v. Mayor of New York, 92 Sup. Ct. 259; and counselor's office in that State, except that one year Chy Lung v. Freeman, id. 275; Thorp v. R. & B. R. of pupilage sbould have been passed in the State where R. Co., 27 Vt. 149; Passenger Cases, 7 How. 283; Gibthe candidate applies for admission. The dean of the bons v. Ogden, 9 Wheat. 210.) Judgment of Supreme Law Faculty also presents some cogent arguments Court of Missouri reversed. Hannibal & St. Jo. R. against the discrimination made by the New York R. Co., plaintiff ini error, v. Husen. Opinion by rules. He says: “This school, therefore, has been ex- Strong, J. cluded from the State of New York by legislation; and 2. Police power: quarantine regulations. - Such a this has happened just as we had established an exam- statute is not a legitimate exercise of the police power ination for admission to the school, and extended our of the State. It is more than a quarantine regulation. course of study to three years. That the action is a Ib.
3. Over what police power cannot be exercised. - The cepting a quantity of iron under an alleged contract police power of a State cannot be exercised over a of purchase. Upon the trial the jury rendered a versubject, such as interstate transportation of subjects dict against Thompson of $5,066.17 “ in gold," but beof commerce, confided exclusively to Congress by the fore judgment Butler remitted $66.17, and judgment Federal Constitution. Ib.
was entered for five thousand dollars “in coin." 4. Limit of State power as to sanitary laws. – While Thompson having brought the case here by writ of a State may enact sanitary laws, while, for the pur- error, Butler moves to dismiss because the “matter pose of self-protection, it may establish quarantine in dispute" does “not exceed the sum or value of five and reasonable inspection regulations, while it may thousand dollars." Held, that as the writ of error prevent persons and animals suffering under conta- was sued out by the defendant below, the amount in gious or infectious diseases from entering the State, it controversy was fixed by the judgment. (Gordon v. cannot interfere with transportation into or through Ogden, 3 Pet. 34; Knapp v. Banks, 2 How. 73; its borders, beyond what is absolutely necessary for Walker v. U. S., 4 Wall. 164; Merrill v. Petty, 16 its self-protection. Ib.
id. 344.) Held, also, that the fact that the judge 5. State cannot interfere with power delegated to Con- ment was payable in coin, which was worth more gress. — Neither the unlimited powers of a State to than the same number of dollars in United States tax, nor any of its large police powers, can be exer- notes would be, did not render it a judgment for cised to such an extent as to work a practical assump- more than its face, and this court acquired no juristion of the powers conferred by the Constitution upon diction. Writ of error to Circuit Court, MassachuCongress. Ib.
setts, dismissed. Thompson plaintifi in error, 6. Duty of courts. — Since the range of a State's Butler. Opinion by Waite, C. J. police power comes very near to the field committed by the Constitution to Congress, it is the duty of courts to guard vigilantly against any needless intrusion. Ib.
Bonds in aid of bridge : toll bridge, public highway. CONTRACT.
- Under a statute of Nebraska authorizing counConstruction of contract dependent on rise and fall of ties and cities, upon a vote by the people, to issue gold.— A contract was made between Q. and the firm bonds in aid of “ any railroads or other work of of A. & Sons, reading thus: “Q. agrees to furnish us internal improvement,” county commissioners issued and we take from him 15,000 dozen long shovel-han- bonds in aid of a bridge. In an action on the bonds dles, to be of the best quality of timber and workman- it was set up as a defense that they were issued in aid ship, for the present year, the price to be ($1.25) one of a toll and not a free bridge, and that the county dollar and twenty-five cents per dozen, basing the commissioners were to regulate the tolls, which were price on the present price of gold, $2.25. “If to be applied toward paying the bouds. Held, (1) that the price of gold goes up or down, then the price of the bridge was a work of internal improvement and handles shall be advanced or reduced accordingly. the authority to aid it was not affected by the fact But it is understood that no advance or reduction of that tolls were to be levied for its use, nor (2) would the price of gold of 25 per cent shall change the price the validity of the bonds be affected by any want of of handles unless it shall remain at the advanced or power on the part of the county commissioners to reduced rate sufficiently long to affect the general demand tolls for such use, and (3) that the answer was price of merchandise.” Held, that the contract meant demurrable. All bridges intended and used as thorthis: Gold being at the price of $2.25, and having oughfares are public highways, whether subject to toll reference to that fact as giving their value, the one or not. Judgment of Circuit Court, Nebraska, afparty agrees to deliver and the other to receive the firmed. County Commissioners of Dodge, plaintiff in goods at $1.25 per dozen. This price named should error, v. Chandler. Opinionby Bradley, J. not, however, be fixed and absolute. If the price of 2. Railroad aid bonds: construction of statute: gold shall change, the price of the goods shall also limit of taxation.- Railroad aid bonds were issued change. But they do not propose to embarrass them- by a county under a statute of Missouri reading thus: selves about trifles, and the gold regulation shall be “It shall be lawful for the corporate authorities of modified by the extent of the cbange in its price. If any city or town, or the County Court of any county it varies more than twenty-five per cent, we agree desiring to do so, to subscribe to the capital stock of that that shall be deemed an important change, and said company, and may issue bonds therefor and levy shall of itself work a change in the price of the goods. a tax to pay the same, not to exceed one-twentieth of If the variation does not exceed twenty-five per one per cent upon the assessed value of taxable propcent, it will not necessarily be important, and we erty for each year." The act imposed no limit upon agree that that variation shall not affect the price of the amount allowed to be subscribed, and there was the goods, unless it continues so long as to affect the no provision in the act that the proceeds of the special general price of merchandise. If it does so continue tax alone should be applied to the payment of the and does so affect general prices, then that variation bonds. Held, that the holder of the bonds subscribed shall also regulate this contract. In error to Circuit for under the act was not limited to the special tax of Court, W. D., Michigan. New trial granted. Ames one-twentieth of one per cent for payment, but might et al., plaintiffs in error, v. Quimby. Opinion by look to the funds of the county raised by general taxHunt, J.
ation. (Supervisors v. United States, 18 Wall. 71; State JURISDICTION.
V. Shortridge, 56 Mo. 126, distinguished.) Judgment Judgment remitted in part so as to reduce to $5,000 : of Circuit Court, E. D. Missouri, reversed. United judgment payable in gold coin. - This was an action by States ex rel. Johnson, plaintiff in error, v. County Butler, the defendant in error, against Thompson, Court of Clark County. Opinion by Strong, J. Waite, the plaintiff in error, to recover damages for not ac- C. J., and Miller and Bradley, JJ., dissented.
or any of the parties, by whom the 'money is paya1. Care required of traveler approaching a street rail- ble, at the option of the plaintiff. But an action road crossing: contributory negligence. — The neglect against one or some of the parties by whom the money of the engineer of a locomotive of a railroad train to is payable may, while the litigation therein continues, sound its whistle or ring its bell on approaching a street be pleaded in bar of another action, against another crossing does not relieve a party from the necessity of or others of the said parties."(14 Stat. at Large, 405, 8 20.) taking ordinary precautions for his safety. He is | In an action against two of several makers of a prombound to use his senses -- to listen and to look — before issory note, and one of the indorsers thereof, there attempting to cross the railroad track, in order to avoid being other makers and indorsers, held, that the any possible accident from an approaching train. If act of Congress was intended to produce the effect of he omit to use them, and walk thoughtlessly upon the the statutes of several of the States, to wit: “Persons track, he is guilty of culpable negligence, and if he re- severally liable upon the same obligation or instruceive any injury, he so far contributes to it as to deprivement, including the parties to bills of exchange or him of any right to complain. If using them, he sees promissory notes, may all or any of them be included the train coming and undertakes to cross the track in- in the same action, at the option of the plaintiff." (2 stead of waiting for the train to pass, and is injured,
Edm. Stat. of N. Y., 32.) Judgment of Sup. Ct., Dist. the consequences of his mistake and temerity cannot Columbia, affirmed. Burdette, plaintiff in error, v. be cast upon the railroad company. If one chooses in Bartlett. Opinion by Hunt, J. such a position to take risks, he must bear the possible consequences of failure. Judgment of Ciro. Ct., W. D. Missouri, reversed. Chicago, R. I. & P. R. R. Co.,
RECENT AMERICAN DECISIONS.* plaintiff in error, v. Houston. Opinion by Field, J.
2. Instruction upon assumed facts, error. – To instruct upon assumed facts to which no evidence applies
1. Alteration of power of attorney renders it void.-A is error. Such instructions tend to mislead the jury
power of attorney to confess a judgment, which is by withdrawing their attention from the proper points materially altered whilst in the hands of the payee of involved in the issue. Ib.
the indebtedness, without any explanation of the alteration, is made void by such alteration, and a
judgment entered by confession under it is also void. 1. Collision: vessels at anchor and moving vessels : nego Burwell v. Orr. ligence.- Vessels in motion are required to keep out 2. Alteration of promissory note. - Where a promof the way of a vessel at anchor, if the latter is without issory note, containing a promise to pay a certain fault, unless it appears that the collision was the result
sum as attorney's fee, is altered whilst in the hands of of inevitable accident, the rule being that the vessel in the payee, increasing the amount of such fee, the motion must exonerate herself from blame by showing alteration will be presumed to have been made by that it was not in her power to prevent the collision by him, and the note becomes thereby utterly void, and adopting any practicable precautions. The Batavia, cannot be collected, even by a subsequent indorsee in 40 Eng. L. & Eq. 25; The Lochlibo, 3 W. Rob. 318; | good faith without notice. Ib. Strout v. Foster, 1 How. 94; Ure v. Coffman, 19 id. 62; 3. Alteration in date of promissory note, material.The Granite State, 3 Wall. 314; The Bridgeport, 14 id. An alteration in the date of a note and cognovit, so as 119; The John Adams, 1 Cliff. 413.) Accordingly, where to make the note fall due one year later, is a material a steam dredge was anchored on the edge of an exca- alteration, at least, as to a surety on the noto. Wyvated channel in the harbor of Baltimore, and a tug man v. Yeomans. with a vessel in tow had plenty of sea-room to pass on
INSANITY either side of the dredge, and the dredge had proper Presumption in regard to.-The legal presumption is, lights and lookout, held that the tug and vessel were that all persons of mature age are of sane memory, liable, if unskillfully navigated, for damages sustained and this presumption continues until inquest found, by the dredge from a collision occurring by reason of when, perhaps, the presumption is reversed until rebuch unskillful navigation. Decree of Circ. Ct., Mary. butted by evidence that sanity has returned. Titcomb land, modified and affirmed. Steam tug Ehrman et v. Van Tyle. al., appellants, v. Curtis et al. Opinion by Clifford, J.
MASTER AND SERVANT. 2. Compensation of innocent parties.- Innocent par- 1. Duty of employer'to furnish safe machinery.-It is ties in a case of collision are entitled to full compen- the duty of railroad companies to furnish good, wellsation for the injuries received by their vessel, unless coustructed machinery, adapted to the purposes of its it occurred by inevitable accident, provided the amount use, of good material and of the kind that is found to does not exceed the amount or value of the interest of be safest when applied to use; and whilst they are not the other party in the colliding ship and her freight required to seek and apply every new invention, they then pending. (9 Stat. at Large, 635; The Atlas, 3 must adopt such as is found by experience to combine Otto, 317; The Gamecock, 2 id. 695; The Gregory, 9
the greatest safety with practical use. Toledo, Wab. Wall, 516.) Ib.
& West. R’way Co. v. Asbury, Admx.
2. Employee required to use care commensurate with STATUTORY CONSTRUCTION. Action upon several note : when plaintiff may elect as
danger of employment.-Although machinery furto parties defendant. By the Revised Statutes of the
nished by a railroad company for the use of its District of Columbia ($ 8.27) it is enacted as follows,
employees may be unsafe, yet if an employee, knowing viz. : "Where money is payable by two or more per
the character of the machinery, continues to use it, he sons jointly or severally, as by joint obligors, cove
is bound to exercise care commensurate with the nantors, makers, drawers, or indorsers, one action
dauger; and if he fails to do so, and is injured, his may be sustained and judgment recovered against all * To appear in 84 Ilinois Reports,
negligence will preclude a recovery against the company on account of such injury. Ib.
MUNICIPAL AID BONDS.
neglected and injury to the party ensues, he cannot recover; but this rule cannot be applied to an infant of tender years. Ib.
6. Parents permitting children to cross railroad track. -It is not negligence in parents to send a child of six or seven years to Sabbath school, in company with and under the care of an older brother, in a village through which a railroad track runs, and which track the children have to cross in going to and returning from the Sabbath school; but it might be otherwise to permit such infant to go alone. Ib.
1. Municipal subscription without vote of the people.A vote of the people of a town to subscribe to the capital stock of a railroad company, in the absence of any law authorizing such vote or subscription, is not binding upon the town. Barnes v. Town of Lacon.
2. Legalization of void subscription.-Where an election for the purpose of voting upon a subscription to a railroad company is held without any authority of law, and in pursuance of a vote at such election a subscription is made by the supervisor of the town without any authority of law, the whole proceeding is void, and the legislature cannot, by any subsequent act, legalize the same. Ib.
3. Limit of legislative power.—The legislature has no power to authorize the supervisor and town clerk of a town to create a corporate debt, without the consent of the people, expressed at the polls. Ib.
4. Municipal bonds in hands of purchaser for value.If municipal bonds are simply voidable, they may be enforced in the hands of an innocent purchaser for value, but if they are absolutely void, they cannot be enforced either by the original holder or a purchaser for value. Ib.
5. When holder bound by recitals.-Where a muni. cipal bond contains a recital that it is issued in payment of a subscription made in pursuance of a vote of the people at an election therein specified, and there was no law authorizing such election and subscription, the holder has notice, by such recital, of the illegality of such subscription. Ib.
NEGLIGENCE. 1. Care required in running railroad trains in proportion to the danger of injury at a given place.-Where stock is permitted by law to run at large in a town or village through which a railroad runs, and the fact is known to the operators of the road, they will be held to a higher degree of care than where they have the road fenced and have no reason to expect stock will be found on their track. Chic. & Alt.R. R. Co. v. Engle.
2. Permitting stock to run at large is not, unless prohibited by law.-It is not negligence for the owner of stock to permit it to run at large in a village through which a railroad runs, if it is not prohibited by law. Ib.
3. Running trains through towns at high rate of speed. It is the duty of a railroad company, whose road runs through a village, to run their trains, whilst in the village, at such a rate of speed as to have them under control, and be able to avoid injury to persons or property, though there is no ordinance of such village on the subject; and if they fail to do so they are guilty of negligence. Ib.
4. Railroad running trains at rate prohibited by law.It is gross negligence on the part of a railroad company to run its trains through a town at a rate of speed prohibited by law, and if the company does so run its trains, and thereby causes the death of a person who is himself in the exercise of due care and caution, it is liable in an action by the representatives of the person so killed. Chic. & Alt. R. R. Co. v. Becker.
5. Rule as to adult not applicable to infant.-The general rule is, that a person approaching a railroad crossing is required to look up and down the track, in either direction, and watch for the approach of trains, before attempting to cross, and if such precaution is
1. Partners liable for each other's torts committed as partners.-Partners are liable in solido for the torts of one, if committed by him as a partner and in the course of the business of the partnership; but if a partner commit a tort, not as a partner, but as an individual, in respect to a matter entirely foreign to the business of the partnership, the other partners are not liable. Schwabacker v. Riddle.
2. Partners selling their interest, not liable for false representations in relation thereto by other partners. – Where one partner induces a stranger to purchase the interest of the other partners in a partnership business, by fraudulent representations, the parties selling are not liable for such false representations, unless they instigate or approve of them, or the partner making such representations is acting as their agent in making the same. The mere fact of their relation as partners will not make them liable. Ib.
SALE AND DELIVERY. 1. Sale of growing crops: delivery.-In case of the sale of standing crops the possession is in the vendeo until it is time to harvest them, and until then he is not required to take manual possession of them. Ticknor v. McClelland et al.
2. Sales : manual delivery of ponderous goods, not required.—Where goods are ponderous and incapable of being handed over from one to another, there need not be a manual delivery, but it is different where the property is capable of being immediately removed. Ib.
3. Sale: fraudulent, if possession retained by vendor. -Any sale of personal property, where it remains with the vendor, if it is that character of property that is capable of being removed, is fraudulent in law as to creditors and subsequent purchasers, notwithstanding the sale may be in good faith, and for a valuable consideration. Ib.
STATUTE OF FRAUDS. Parol gift of real estate, when enforced.-A father agreed, by parol, to convey a tract of land to his son, as a gift, and the son took possession of the land, and made lasting and valuable improvements thereon, and resided there with his family for four or five years, when he died, in possession of the land, leaving a widow and one child. The father brought ejectment, against the widow and child, for the land, and upon a bill filed by them to enjoin the prosecution of the ejectment suit, and to compel a conveyance to the child, subject to the dower of the widow, the relief sought was properly granted. Worth v. Worth.
2. Evidence to take case out of the statute.-In order to take a case out of the Statute of Frauds, upon the ground of part performance of a parol contract, it is not only indispensable that the acts done should be clear and definite, and referable exclusively to the contract, but the contrast must also ha ontohlin
competent proofs to be clear, definite and unequivocal therewith, exploded, causing the death of relator's in all its terms. Ib.
wife, etc. To this petition a demurrer was sustained; 3. Relief where valuable improvements have been made we think it improper. The petition states a good cause under a contract.-Where a son, by permission of his of action against the inspector and the sureties on his father, takes possession of land, and puts lasting and official bond, which is not affected by the fact that the valuable improvements thereon, and continues such manufacturers, Cobb & Co., were also liable under possession for a number of years, and dies in posses- section 4 of the same chapter, and the judgment is sion, claiming that the father, by parol, agreed to con- reversed and the cause remanded. Opinion by Shervey the land to him, although a court of equity may wood, C. J. Sup. Ct., Missouri, Oct., 1877. County not decree a conveyance to the beirs of the deceased, Court of St. Louis, to use of Jenks, v. Fassett (Cent. it will require the father to pay for the improve
L. J.) ments. Ib.
Principal and factor: pledge of chattels by factor: 4. Contract: by a child with parent, to releuse to other bankruptcy: rights of trustee and pledgee : order and dischildren all claim to parent's estate, is valid and bind- | position. — A. bought of J. Sillence and paid for two ing.–Where a father executes a deed for a tract of horses, which were returned as not being according to land to one child, who accepts and takes possession of warranty. Sillence then supplied A. with two other the same, upon the express understanding and agree- horses, to be retained and used by her until the warment that it is in lieu of all claim such child may have ranty was performed. The horses had been placed in and to the residue of the father's estate upon his with Sillence to sell or job on commission, but of this death, and that such child will release to the other A. was ignorant, she having considered throughout children all his claim in expectancy to the residue of that the horses belonged to Sillence. Upon the bankthe estate, such contract is legal and binding, and will ruptcy of Sillence the County Court Judge decided be enforced in equity. Galbraith v. McLain.
that the horses so placed with him were, under the cir5. When not within Statute of Frauds, nor contrary to cumstances, in his order and disposition with the conStatute of Wills.-A contract made by a child with his sent of the true owner, Held, that A., as against the father, in consideration of a conveyance of land to trustee in bankruptoy, could not claim to retain the him by the father, that he will release to his brothers two horses in her possession either by way of set-off and sisters all claim ip expectancy to the residue of the or as having a lien upon them for the purchase-money. father's estate, is not within the Statute of Frauds, English Court of Bankruptcy, Nov. 19, 1877. Ex parte nor is it contrary to the provisions of the Statute of Roy, Re Sillence (37 L. T. Rep. N. S. 508). Wills. Ib.
Nuisance: bawdy-house: damages. — A person rentTELEGRAPH.
ing a house to be used as a bawdy.house, or who Non-delivery of message: liability.-In an action by knowingly allows it to be so used, is liable, at the suit a father against a telegraph company, for negligence in of an adjoining owner, for the special damage caused failing to deliver a telegram sent by him to his son, by the depreciation in value of his property from the summoning the son home to the death-bed of his
existence of a nuisance, over and above the wrong and mother, the plaintiff is entitled to recover at least
injury done to the general public. St. Louis Ct. App., nominal damages, including the price paid the com
Nov. 1877. Givens v. Van Studdiford (6 Cent. L. J. 6). pany to send the dispatch. Logan v. West. Un. Practice in Federal courts : application of statutes Tel. Co.
regulating. - The Act of Congress of June, 1872, § 914,
U. S. Rev. Stat., which requires that the practice, NOTES OF RECENT DECISIONS.
pleadings and forms and modes of proceeding in civil Infancy: liability of parent for maintenance by volun
causes, other than equity and admiralty causes, in the teer.— A brother, as a volunteer, undertook the main
Circuit and District Courts of the United States, shall tenance and education of his sister, who had aban.
conform as nearly as may be to the practice, pleaddoned her father's home, and without his fault. Held,
ings, forms and modes of proceeding existing at the
time in like causes in the courts of record of the State under such circumstances, no promise to pay by a mere volunteer for the maintenance of the child can be im
within which such Circuit or District Courts are held, plied on the part of the parent. He who intervenes in
has no application to the manner of taking depositions
to be used in the Federal courts. The requirements such a case, to make the child independent of the parent, does but encourage its alienation from the line of
which must be followed in taking depositions to be filial duty, and stands in no relation to be favored by
used as evidence in the Federal courts are prescribed the law. Sup. Ct., Tennessee, Oct., 1877. Toncray v.
by S8 863, 864 and 865, U. S. Rev. Stat., which have not Toncray (Tenn. L. J.)
been repealed by § 914. U. S. Circ. Ct., S. D. Ohio,
Dec. 1877. Sage v. Tauszky (6 Cent. L. J. 7). Official bond: when sureties on, liable for damages resulting from neglect of principal to perform duty.
Stoppage in transitu : insufficient notice. - W. P., in
Hamilton, bought from plaintiffs in England fifteen The statute requires the inspector's bond to be ditional for the faithful performance of the duties im
packages of goods, which were shipped at Liverpool, posed by the act," and such bond is “for the use of
8th November, 1876, by T. M. & Co., plaintiff's shipping all persons aggrieved by the acts of neglect of such
agents, in whose name as consignors the bills of lading inspector." The petition averred that the inspector
were made, W. P. being the consignee. On the 23d in default and breach of the conditions of his official
November, the way-bill of the major part of the goods
arrived at Hamilton, and on the same day M. P. & Co., bond, branded one hundred empty casks as “approved,"
creditors of W. P., obtained an indorsement to them that the casks belonged to Cobb & Co., who afterward filled them with oil below test; that the inspector
of the bill of lading, and notified defendants on the
4th December. The plaintiff's branch house at St. refused to inspect the same; that Cobb & Co. sold one of these casks to O'Connell, a grocer, who sold a gallon
John, N. B., were telegraphed by W. P., who had of the oil to the relator's family, and that a lamp filled
become insolvent, to detain the goods. The branch