THE AMERICAN LAW TIMES. PUBLISHED IN CONNECTION WITH THE AMERICAN LAW TIMES REPORTS. EDITED BY ROWLAND COX. NEW SERIES, VOLUME I. NEW YORK: Cambridge: The Riverside Press. 1874. CONTENTS. PAGE ADMIRALTY. The twelfth rule...... ANECDOTES of lawyers and the law.. BANKRUPTCY. The amendatory act of June 22, 1874. Effect of proof of debt..... Rights of party who has proved his claim in respect of former remedy. ..96 .46, 64, 79 .110 ..107 ..107 Practice under act of 1874, where petition based on failure to pay commercial paper is filed less than forty days prior to passage of the act...... ...166 DIGEST OF CASES published in contemporaneous legal periodicals....2, 17, 33, 49, 65, 81, ABBREVIATIONS USED IN THE DIGEST OF CASES CONTAINED IN CON TEMPORARY PERIODICALS, WITH ADDRESSES OF PUBLISHERS. THE AMERICAN LAW TIMES. NEW SERIES.- JANUARY, 1874.- VOL. I., No. 1. OUR readers will peruse with interest the carefully prepared opinion of Mr. Justice MILLER, delivered in the case of Wilson v. City Bank of St. Paul, which is published in the present issue of our reports. The effect of this decision is to overthrow the precedents of perhaps a majority of the inferior courts upon a point that has received not a little. attention at the hands of some of the ablest of the federal judiciary. opinion is thus epitomized by its learned author: The 1. That something more than passive non-resistance of an insolvent debtor to regular judicial proceedings, in which a judgment and levy on his property are obtained, when the debt is due and he is without just defence to the action, is necessary to show a preference of a creditor, or a purpose to defeat or delay the operation of the bankrupt act. 2. That the fact that the debtor under such circumstances does not file a petition in bankruptcy is not sufficient evidence of such preference, or of intent to defeat the operation of the act. 3. That, though the judgment creditor in such case may know the insolvent condition of the debtor, his levy and seizure are not void under the circumstances, nor any violation of the bankrupt law. 4. That the lien thus obtained by him will not be displaced by subsequent proceedings in bankruptcy against the debtor, though within four months of the filing of the petition. The attention of our readers is particularly directed to the Digest of Cases from contemporary legal periodicals which will be found in the present number of the Law Times. We shall hereafter publish a similar collection each month, and hope that it will prove to be of value and utility. The Digest will embrace the substance of all the cases of general interest that have appeared in extenso in our legal exchanges up to within a few days of our "going to press," and will be arranged in convenient form to facilitate ready reference. With such a collection before him the attorney will be able to keep himself fully advised of all the adjudications that are to be found in the whole range of the current legal periodical literature of America, and will be enabled to understand the characteristics of each publication. He will thus be able to procure such cases as may be of moment to him a few weeks after their appearance in print. He will have, in short, a key to the character and contents of every American law journal in which cases are published in full. The collection which appears in our present issue is a fair illustration of the new feature. The same plan will be pursued in future issues, and every effort will be made to make the compilation as exhaustive and accurate as possible. It is not proposed to burden our pages with decisions that involve the construction of state statutes, or which are of local consequence only, but to select such as are of common interest to the bar of |