other trial, but should be discharged. Inasmuch as the attorney-general has appeared in this case, we can pay no attention to suggestions from other parties, and as we have no doubt the papers before us are substantially correct, it would not be just to postpone the decision.

Judgment reversed.

BOOK NOTICES.

Trial Practice and Trial Lawyers. By J. W. Donovan, author of "Modern Jury Trials." For sale by J. W. Donovan, 2 Bank Block, Detroit, Michigan. 8 vo., 327 pp. Price $3.00

This book is a treatise on trials of fact before juries, including sketches of advocates, turning points in a trial, ineidents, rules, tact and art of winning cases, condensed speeches, a brief summary of the law of actions, and the like. The work is full, suggestive, and valuable; it brings together, in small compass, the experiences of many successful advocates, analyzes their characters and methods, and points out the elements of their success. By a careful perusal and close study of this work, the young man who is just entering upon the practice of his profession may learn many things of value which would otherwise cost him defeat and chagrin to acquire. It embodies the collated experience of many of the leading lawyers of the country and age, and places in the hand of the student the experience of the ripest and wisest practitioner. This is a work that can not but be of great value to the profession throughout the country.

DIGEST OF CASES.

Damages-Negligence-Failure to Deliver Telegram-Mental Suffering.— An action in damages against a telegraph company for failure to deliver a telegram can not be maintained on the ground of mental suffering. Gulf, etc., Ry. Co. v. Levy. Tex., Austin Term, 1883. 16 Rep. 218.

Frand-Party to-Relief.—A party to a fraud can not seek relief in the courts from the consequence of his unlawful sets. Winton v. Freeman. Pa., Mar. 26, 1883 40 Leg. Int. 319.

Husband and Wife-Separate Estate-Purchase of Property.-A married woman who buys property on credit must not only show that she has a separate estate, but that the purchase was made on the credit of her separate estate, in order to hold the property against her husband's creditors. Lochman v. Brobst. Pa. Chicago L. N., Aug. 18.

Husband and Wife-Slander by Wife-Practice.-In a declaration against a husband and wife for slanderous words spoken by the latter, an omission to aver that they were spoken in the absence of the husband, whether it be ground of demurrer or not, is cured by verdict. Quick v. Miller. Pa., Apr. 16, 1883. 40 Leg. Int. 320.

Infant-Contract—Ratification.—The contract of an infant for the payment of money, not for necessaries, can not, as a general rule, be ratified by a mere acknowledgment of indebtedness after he attains his majority-there must be an express promise to pay. Catlin v. Haddock. Ct. 1833. 16 Rep. 205.

Infant-Tort-Liability of Parent.—Where a boy is shot intentionally or carelessly by another boy with a shotgun loaded with powder, and fired off in the streets of a populous city, the parent of such boy is liable for the injury occasioned thereby. Marrionneaux v. Bruger. La. Jan., 1883. 16 Rep. 208.

Married Women-Real Estate-Husband's Debts.-A. built a house on his wife's land; the house and lot were exchanged for a farm, which was sold and the proceeds used in part payment for another farm, the title to all three pieces of land being in wife. A debtor seized upon hay cut upon the farm for a debt due for materials sold and delivered to A on his own credit to be used in building the house. Held, that the hay. was not attachable on the husband's debt. Ackley v. Furh. Vt., Jan., 1883. 16 Rep. 220.

Pleading-Assignment—Amendment After Verdict.-In an action by the assignee of a debt the complaint must contain an averment of such assignment, but where omitted and on trial proof of such assignment is made, the court will allow the plaintiff to conform the pleading to the proof after a verdict for the plaintiff. N. Y. L. E. & W. Ry. Co. v. McHenry. U. S. C. C. S. D. of N. Y. July 17, 1883. 16 Rep. 195.

Practice-Service-Last day Falling on Sunday.-Where a statute requires process to be served out of the state, or by publication within the state, within thirty days, and the thirtieth day falls on Sunday, service made or publication begun on the thirty-first day is a compliance with the statute. Gibbon v. Freel. N. Y. Ct. App. 16 Rep. 181.

Real Estate Broker-Commission-Practice.-To entitle a real estate broker to reaver commissions, he must establish his employment by previous authority or by acceptance of his agency and adoption of his act. Twelfth St. Market Co. v. Jackson. Pa., Apr. 16, 1883. 40 Leg. Int. 320.

From the daily papers, and also from some intimations in past numbers of the JOURNAL, our subscribers have learned that there has been some little friction in the management of the affairs of the Publishing Company. We are happy to inform our friends that, at a meeting of the board of directors, held on Monday of this week, all the differences were adjusted to the satisfaction of all parties; and under present arrangements we are confident that the prosperity which has thus far attended the JOURNAL will not only be continued but greatly increased. Charles G. Lord, Esq., who was one of the originators and publishers of the OHIO LAW JOURNAL, has accepted a call from the directors of the company to assume the general management of its business affairs, and has been elected treasurer of the corporation. He will give his undivided attention toward advancing the interests of the company, as well as striving to work advantage to the bench and bar of the state. It is believed that he will have the confidence and support of the profession at large, and that his experience will add greatly to the strength of the institution.

ENGLISH LAWYERS—TORTS.

The English lawyers enjoy an immunity from liability for torts, which some of the inferior members of the profession, in

this country, covet. It has there been held, that an advocate or a counsel is not liable for defamation of character in a judicial inquiry in which he is engaged, even when the words are spoken maliciously and without reasonable or probable cause, and are irrelevant to the question before the court (Munster v. Lamb, Ct. App., Brett, M. R., and Fry, L. J., July 5). Such fancied immunity would be a dangerous power in the hands of an attorney, and is not upheld by the courts in this country.

THE JURY.

The selection and proper treatment of a jury should be classed as one of the fine arts; it is a thing very difficult to do properly; a life of close observation and active practice, with a natural adaptability, are required for its mastery. Donovan, in his recent work on "Trial Practice," gives "ten trial rules" which are of value. They are:

1. Select young jurymen, with warm, intelligent faces; exclude officers of every kind. Become early familiar with the winning facts of both sides. Conceal them, and instruct parties and witnesses to keep silent and let the counsel do the planning of theories.

2. Find what opponents are likely to prove, and how probable will be the showing, and, if false, how it can be denied or met by fair explanation.

3. Nothing takes so well as common sense. Be reasonable.. Never weary a court with technicalities, nor a jury with quibbles, nor offend a witness by brow-beating, but know what you need to make a case and stop when it is established, so that the jury may see the sharp end of your evidence.

4. Cross-examine only with an object-bring out the point and don't cover it; avoid all abuse of counsel or parties; such quarrels draw attention from the issue, and cause disagreements, while kindness and fair play win a lasting victory.

5. Explain the reason of the law to the jury, or in their hearing. The average mind is wiser than many suppose. But be sure the jury know the consequences of the verdict.

6. Counsel, and not clients, should control cases and trials. 7. In opening an argument, select first the points on which

there is least dispute, and, if possible, those nearest with your position. Pass to the others with confidence, and carry the jury with you by reason, not by threats, not by bombast. Leave appeals until after the convincing is accomplished. But feel what you say, and believe what you say, always.

8. Treat a jury with unbounded confidence; like begets like, under all circumstances. Men are not driven by threats, but persuaded and convinced by reason and common sense when it is clearly illustrated. Jurymen prefer to do right. Show them the right road in a plain, clear manner.

9. The strongest of reason is: What would you have done under like circumstances? Human nature finds excuses for wrongs that lead to good results and are justifiable. Men generally do on a jury what seems most reasonable, if it is shown to them in a sensible and convincing manner.

10. There is no opportunity better than the earliest. Let the jury know from the beginning that you believe in your rights and will fairly enforce them, while their minds are clear as white paper. "Write it on their hearts and engrave it on their bones," that your client has the rights you contend for and will ask for none other. But insist upon justice. On this be so full, so determined, so fortified with law and reasonable evidence that it will stand like a mountain, unshaken either by quibbles or appeals.

"AT."

The Supreme Court of California, in the case of People ex rel. v. Blonding (16 Rep. 9), passed upon, and construed the little preposition "at," as it occurs in a law requiring the governor to appoint an officer "at the expiration of their respective terms," etc., where the governor had appointed on last day of term. The court say: "The preposition 'at' is indefinite in its meaning. *** With reference to time, it may mean 'the exact moment' or 'near it.' In common speech the word is so used. When the legislature used the words, in the section above quoted, at the expiration of, it would be a very. strained construction to hold that it was intended to designate the exact moment, rather than a few moments before. ** It is consistent wit the finding that the appoint

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