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Rule 40. The appellant need not file his appeal papers and serve them on the respondent's attorney until eight days before the term, and an order of the court which compels him to file them earlier will be set aside. (40 Hun, 557.)

Rule 49. See 5 Civ. Pro. R., 162 ; 43 Hun, 593

Rule 64. See 12 Civ. Pro. R., 139; 79 N.Y., 146.

Rule 71. See 94 N. Y., 605.

Rule 73. See 30 Hun, 154 ; 20 J. & Sp., 545; 100 N. Y., 570 ; 17 Abb. N. C., 236.

Rule 8o. An attorney occupying a connecting office in the same building with an attorney of the party, should not be appointed referee. (13 Civ. Pro. R., 288.)

Rule 81. See 3 Civ. Pro. R., 127.

Rule 85. The former chancery rules are still sometimes applicable. (49 Hun, 195 and 202.)

BOOK REVIEWS.

excuse

A TREATISE ON THE LAW OF BUILDING AND for its appearance. However it needs no DINGS especially referring to Build

but only commendation. A ing Contracts, Leases, Easements and Liens, containing also various forms

cursory glance reveals the usefulness of useful in building operations, a glossary

the work and it will find its way into of words and terms commonly used by every complete library. builders and artisans, and a digest of the leading decisions on building con A TREATISE ON PRIVATE CORPORATIONS. The tracts and leases in the United States.

effect of the clause of the constitution By A. Parlett Lloyd, of the Baltimore

of the United States that forbids a state Bar, author of a " Treatise on the Law

to pass a “ Law impairing the obligaof Divorce."—Boston, Houghton, Mifflin tion of Contracts” upon the police con& Company ; New York, 11 East Seven

trol of a state of our Private Corporateenth Street, The Riverside Press, Cam

tions by Wm. Wharton Smith.-Philabridge, 1888.

delphia, Rees, Welsh & Co., Law PubPart I treats of The Building Contract; lishers, 16 South Ninth Street, 1889. Part II The leading United States de Mr. Smith has treated this much litigated cisions, and those of each of the sev phase of the Dartmouth College decision eral States; Part III Building Leases; in a concise and attractive style, and his Part IV Easements Relating to Building ; essay will well repay a careful perusal. Part V Mechanics Liens. Appendix, Glossary of Building Terms, Forms. Con PENNSYLVANIA SUPREME COURT DIGEST. — sidering the amount of building going on Vol. III, containing abstracts of the in the United States, and the technicality

Decisions, notions and Orders in the often to be met with in the building law

Supreme Court of the Commonwealth

of Pennsylvania, for the year 1888. made more difficult by embarassing legis Charles H. Bannard. Philadelphia, T. lation, it seems somewhat surprising that & J. W. Johnson & Co., 1889. Mr. Lloyd is the first American author to This is a very useful and complete treat this subject in a separate work. If digest of the decisions of the Pennsylvania Mr. Lloyds treatise were less admirable Supreme Court and it contains every order than it is, this would be a sufficient excuse and judgment given during the year ar

ranged chronologically. A table of cases mount importance. The press work and shown where every case is reported in full. indexing leave nothing to be desired. The index is full and satisfactory.

Through the courtesy of the Interstate Commerce Commission, we

have reTHE CONCURRENT JURISDICTION OF THE FEDE

ceived their Second Annual Report. A RAL AND STATE Courts. By George C. Holt, of the New York Bar. New York :

glance at the contents of the book is Baker, Voorhis & Co., 1888.

enough to reveal the complexity and im

portance of the problems that come before In a certain way the subject matter of

the Commission, and the skill shown in this book is novel. Certain portions of it

solving the problems goes far to justify may have been covered in works on the

the belief so frequently expressed, that it practice of the Federal courts which

would be a great step towards the final usually have a little to say about concur

settlement of the railroad question to enrent jurisdiction, but this is the first work

large still further the powers entrusted to that has treated of this subject exclu

this Commission. sively. This book covers the subject in a scientific manner and is especially im

We wish to acknowledge the receipt of portant as giving the ground and reasons

The Columbiad," published by the Junior for preferring one court to another when

Class of the Columbia College. The puba choice of courts is given; this is a sub

lication is a fine one and reflects great ject frequently overlooked, and yet of para- credit both on the Class and its editors.

INDEX.

135

39
40
40
40
41

87
87

88
88
130
131
131
131
131
132
163
164
164
197

24
67

Address to Graduating Class, June 13, 1888.

By Prof. Theo. W. Dwight,
Advocacy, Hints on. James M. Kerr,
Book Reviews :
Donnan's Annotated Penal Code and

Code of Penal Procedure, Code of

Civil Procedure,
Baylies' Questions and Answers,
Clark on Civil Service Law,
American States Reports, Vol. I. .
Endlich on Interpretation of Statutes,
Lindley on Partnership,
Students Law Lexicon, .
Jones on Chattel Mortgages,
American State Reports, Vol. 2,
Work of the Advocate,
Beech on Wills,
Freemen on Executions,
Index of American Decisions,
Tiedman on Real Property,
Geer on Landlord and Tenant,
Warner's Questions on New York Code,
American State Reports, Vol. 3,
Surrogates Practice, McClellan,
Mills on Eminent Domain,
Supplement to New York's Revised

Statutes,
Fiero on Special Proceedings and Ac-

tions,
Miller on Conditional Sales,
Murfree on Sheriffs,
Mechem on Agency,
Vickers on Police Officers and Coruners
American State Reports, Vol. 4,
Lawyer's Reports Annotated,
Anderson's Law Dictionary,
Thompson on Trials,
United States Digest,
Lloyd on Building and Builders
Penn. Supreme Court Digest,
Holt on Concurrent Jurisdiction,
Treatise on Private Corporation, .
Columbiad,
Report of Interstate Commerce Com.

mission, .

IOI

Collateral Impeachment of Judgments and

Decrees. William A. More, L.L.B., 59
Columbia Law Times Publishing Co., Re-
port of,

155
Contract and Consideration in Roman Law.
Ernst Freund,

167
Correspondence :
Yale,

69
Notre Dame,

150
Ann Arbor,

180
Our Library, .

181
University of Pennsylvania,

265
Bloomington,

266
Current Items,

· 27, 71, 154
Direct Taxes, Prof. F. M. Burdick,

255
Editorials:
Salutatory,

23
New Courses,

24
Moot Courts and Quizzes,
Lawyer in Politics,
T. and G. W. Johnson Prize,

68
Library,
Eloquence at the Bar,

149
Where to Locate,

179
Library Hours,

215
School of Political Science,

264
Separate Commencement,

301
Announcement of T. and J. W. Johnson
Prize,

301
Valedictory,

301
Examination Papers, Supreme Court:
ist Department,

144
2nd

3rd
Exchanges,

89, 169
Hints on Advocacy, James M. Kerr,

135
Law Library,

27
Legal Antiquities,

42, 90, 133, 165, 200
Legal Education at Cambridge,

94
Legal Relations of Deaf Mutes to the Hear.

ing Community. Isaac L. Peet, LL.D. 45
Legal Status of Trusts. Norbert Heins-
heimer, LL.B.,

51
Legislative Control over Private Corpora-

tions. T. Gold Frost, LL.B.,

197

210

198
252
252
263
254
286
286
286
287
287

212

318
318

319
318
319

319

201

35

36

36

36

66

102

74
74
74
74
75
75

6

76

76

10,
Il,

76
77
77

77

10

78

78

78

78

79
78
79

Method of Preparing a Case for Argument.
Theo. W. Dwight,

18
Moot Court Cases:
Case No. 1,

71
2,

72
3,
4,

104
5,

152
6,

153
7,

183
8,

189
9

302
303

304
12,

305
Ratification of Unauthorized Acts of Agent

as Ground of Principal's Liability both
in Contract and in Tort. Frederick R.

Kellogg, LL.B.,
Recent Cases,

41, 89, 132, 164, 198
Remedial Legislation. Hon. Douglas Board.
man,

91
Synopsis of Evidence:
Greenleaf,

194
Stephen,

195
Synopsis of the Law relating to Bills of Ex-
change. Prof. George Clase,

289
Notes - Junior, by Prof. Dwight:

Blackstone,
Law,

28
Construction and Interpretation,
Cy Pres .
State Decisions,
Customs,
Unconstitutional Laws,
Magna Charta,
Libel and Slander,

31
Habeas Corpus,

31
Eminent Domain,

31
Respondant Superior,

31
Settlement under Poor Laws,

31
Expatriation,

32
Criminal Responsibility,

32
Disability of Aliens

32
Apprentices and Slaves,

32
Entirety of Contract,

33
Master and Servant,

33
Pre-contract,

33
Marriage,

33
Duty of Parent to support Child,

34
Habeas Corpus as used to determine,
Custody of Children,

35
Guardian ad Litem,

35

Corporations,
Ultra l'iris,
Voting by Proxy,
Statutes of Mortmain,
Right to Literary Property,
Property in Remains of Deed,
Consideration,
Bill of Exchange,
Promissory Notes,
Bankruptcy,
Composition Deed,

Preferential Assignment,
Parsons on Contracts.

Implied Contracts,
Definitions,
Agents, general,
Power of Master of Ship to bind demur-

rer by Bill of Lading,
Liability of Undisclosed Principal,
Power coupled with Interest,
Notice to Agents
Money paid under compulsion to

Agent,
Responsibility of Collecting Bank,
Factors Acts,
Foreign and Domestic Factors,
Right of Factor making advances, to

sell,
Liability of Carrier to Passenger,
l'ower of Attorney to Compromise,
Negligence of Public Officer,
Personal Actions,
Ultra l'ires,
Clubs,
Partnership,.
Trust Relation between Partners,
Retiring Partners,
Right of One Partner to Assign,
Marshalling of Partnership Assets,
Limited Partnership,
Assign, meaning of,
Business and Accommodation Paper,
Acceptance,
Protest,
Acceptance supra Protest,
Negotiability of Bonds,
Infants, .
Adoption,
Right of Parent to Recover for Injury

to Child,
Lord Campbell's Act,
Infant's Liability in Tort and Contract,
Marriage Settlement,

28

30
30

30
30

30
30

So
So
So
8o
80
80
81
81
82
82
82
82
83
106
107
107
107
IOS
108
108

109

109
109
IIO

IIO

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