similarly compare the system in which he is an expert conceived and arranged. The work is published by with that from which it has been mainly derived. He M. Murphy, of Philadelphia. is heartily welcome to any transportable improvements he may discover. The one return to be asked of him is that he shall not praise English law for its CORRESPONDENCE. defects. He quoted at the Mansion House an American judge's description of the two courses open to dis 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 his countrymen are unlike Englishmen in inclining to the estate both in law and in equity. Wood v. Fisk, 63 N. second alternative. He is as an American, though not Y. 245. But to effect that 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 consciousness 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 Wednesday 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. and speedy deliverance from the legal labyrinth. Eng. lish law, though much less unintelligible and artificial COURT OF APPEALS DECISIONS. THE day, June 23, 1885: Judgment affirmed with, costs—Crosby v. Hotaling; swiftly than in the days of Lord Eldon; it is scarcely Adamson v. Elwell; Almy v. Thurber; Kisley v. Ab. easier for a suitor to be sure when, if ever, he will be bey; Langley v. Sixth Avenue Railroad Co.; Pond y. Starkweather. Order affirmed, with out of it for good and all. In view of all the unavoid costs Woerrishoffer y. 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-Rico v. Barrett.- Judgment against which prudence warns in the United States according to the minister, suitors either appeal or affirmned-People v. Morse alias West. - Motion for swear at the court. They are not hung up on both reargument denied, with costs-Jackson v. Andrews. horns of the dilemma at the same instant. In England -Motion to amend remittitur denied, with costsit is not to be assumed that they abstain always from Carpenter v. New York, Lake Erie & Western R. Co. -Motion to amend remittitur. Granted, with costs the second form of intemperance because they are ex to be paid by appellant aud without costs of this travagantly addicted to the first. motion—In re Petition of Waring and another. Motion to amend remittitur. Granted and remitti. NEW BOOKS AND NEW EDITIONS. tur to be amended so as to allow appellants costs of SHARSWOOD & Budd's LEADING CASES ON REAL appeal, together with all necessary disbursements in 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. Cochelys J.B. Daley. GENERAL INDEX. " Vergil 360 Page. CORRESPONDENCE-Continued. Page answers to an interesting inquiry... 340 answer to a query.. 380 198 cheap justice... 199 79 100, 338 Court of Appeals calendar 157 282 319 • Enjoin 181, 220, 240, 279 239 261 guaranty; attention called to case of; Allen v. 381 40 141 140 140 419 inconsistent decisions ; denials on informatlon and belief.. 159 161 ..... 319, 360 law reports 359 221 440 lost wills 440 80 199 280 500 380 219 40 420 38, 258 259 political contributions from candidates for judge- 2:20 120, 159 360 300 protection afforded by consuls. 340 319 79 ..219, 240, 338 79 420 520 360 COURT OF APPEALS, suggestion of double 460 241 361 361 279 202 199 (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 21 40 American decisions; importance of, to coming 182 280 Anthony, Judge Elliott, interesting articles on 199 421 180 appeals from petty orders in First Department, N. 62 321 421 Arthur, ex-president, resuming old law practice; 422 501 assassination ; never justifiable in national differ- 101 101 281 Bar association; Georgia on Judicial Reform, per 302 221 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- 02 beard ; wearing of false, no more disorderly than 36 41 341 Cairns, the late Earl ; reminiscences of, by Lord Coleridge.. 341 462 "catch-lines:" proper office of, as distinguished 202 426, 445 census; decennial State, proposed reform in taking of 82 279 Chicago Law Institute ; catalogue of, library of 162 800 cigar-making in tenement-houses ; act prohibiting, 500 82 399 Civil Code, and revision of Statutes ; names of committee on.... 102 261 ............. on on. on... CURRENT TOPICS-Continued. Page. 122 81 302 302 481 62 201 81 81 381 321 141 141 241 61 61 381 361 theories against ; leads to lynch law, etc ... 21 322 361 1 Assembly ; general, recommended by Gov- 81 322 .342, 361 442 421 204 42 charge for incompetency. 321 1 2 162 41 142, 181, 281, 321 421 221 501 81 381 221 202 121 62 402 441 62 461 481 101 2 181 261 501 401 122 CURRENT TOPICS-Continued. "French law of marriage," London Law Times Mr. Kelly's ... new edition of works of.... Journal on methods. Master's gard to wife's separate estate of offices...... "bucking snow". Journal on. -; remedy in hands of legislaturel..... of 'stare decisis Journal on.. always for amplification instead of bare po Brunt political cases in Norway.. seventy tion ... tutes, St. James Gazette on. compelled to stoop to contemptible questions. General Lawton... edition of statute tinuance of, year.. Miller day.... number on.... ican Decisions, and Myer's Federal Decisions.. class in drafting... Lytton's. paper to purchase Palmer's statute of.. tor's Journal. State, between 1691 and 1830, Minister Phelps on. conductors .. on....... on...... 92 ... 22 502 202 ..... 283 on..... atinued. Page. 41 302 hibiting. 42 nental questions.. 301 portrait of and paper on in Century maga- 161 262 agreeable to legal profession, of 162 282 383 462 unctuation, ambiguity in language cause of..... 241 todgers, Mr. Arthur,good advice to graduating law- 462 222 281 421 81 41 121 82 501 461 442 422 341 ext-books, Mr. Clement Bates on 261 vacation,” disagreement ol judges as to meaning 441 his possible death 161 242 461 361 382 302 62 dat verdict ch 422 pted in crimina's . Page. 160 242 285 141 401 44 241 242 421 304 346 and. 141 101 419 59, 257, 359 481 defeat of Judge Cooley; Do argument against 462 281 239 401 Learned on. 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 66 206 465 225 246 .365, 385 127 187 64 125 106, 127 285 A 1 as to what co: 293 use, of in law Case of Baddesi s' reason for diss on..... ILLIOTT, Judge, address on Development of Juris- 462 EQUITY JURISPRUDENCE, mangling of, in 121 500 402 4, 24 Abbott on Frank E. E FEDERAL DECISIONS, Myers'; value of the work... 182 LEADING ARTICLES-Continued. Page. 414 Iowa Supreme Court.. :::.... 18, 253, 294, 417 346 234, 300, 377 Maine Supreme Judicial Court. .97, 138, 178, 255, 413 205 98, 236, 433, 497, 516 .84, 16+ Massachusetts Supreme Judicial Court....... 31, 296, 435 33, 236, 476 Minnesota Supreme Court.. 118, 139, 318, 335, 357 206 137, 217, 254 501 31, 99, 378 177, 476, 498 64 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 .305, 385 New York Court of Appeals decisions ... 80, 100, 120, 140 200, 220, 240, 260, 280, 320, 340, 360, 380, 400, 460, 480, 600, 520 197, 478 Ohio Supreme Court commission.. 218, 318 101 Oregon Supreme Court.. 402 Pennsylvania Supreme Court.. 17, 34, 178, 298, 398, 457 Texas Commission Appeals. Texas Supreme Court. 302 United States Circuit Court. 14, 96, 117, 136. 215, 292, 333 397, 515 482 275, 317, 332, 355, 375, 395, 494 Vermont Supreme Court.. 58 36 Wisconsin Supreme Court., 235, 274, 318, 336, 418 RECENT ENGLISH DECISIONS... 19, 437, 519 78, 438 REVISION OF STATUTES AND CIVIL CODE: Committee on... 40 282 302 60 SHEPARD, Elliott S., noteworthy remarks by, before State Bar Association.. 81 224 SOLICITOR, the English, A. R. M. on.. 100 66, 186 40 456 400 " STARE DECISIŚ,” conflict between pretense of and actuality of judicial legislation .... 281 STERNE, Mr., essay before American Bar Association 282 500 STEWART, David, on household agency of hus- 200 band and wife.. 208 200 .,on jury reform.. 246 260 THOMPSON, 'D. G., on moral evil, its sources and remedies.. 302 60 TRIAL OF LORD'S, Warwick and Mohun for mur: 123 310 420 VAN BRUNT, Judge, surprise of, at verdict of jury. 381 punishment of juror by. 401 429 100 205 322 121 relation to citizenship, domicile and marriage. 465 504 160 Lawson on.. 144, 183, 244, 264, 323, 344, 383, 403 260 WOOD, James, on agister's warranty of wholesome- 259 205 261 YATES, Edmund, imprisonment of, for society Iibel, 102 |