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Dec 14

THE

CHICAGO LAW JOURNAL,

VOL. VI.

CONTAINING

DIGESTS OF OVER FOUR HUNDRED LEADING CASES ADJUCATED
DURING THE YEAR IN THE U. S. SUPREME AND CIRCUIT

COURTS, AND IN THE SEVERAL STATE COURTS

OF LAST RESORT.

January 1, 1885, to January 1, 1886.

I. S. WACHOB,

CHICAGO:

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EDITOR.

CHICAGO LAW PUBLISHING COMPANY, PUBLISHERS,

1886.

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Agreement between Husband and Wife waiving right
of Dower-Not valid...

Lien....

Attachment-Personal service-Conversion..

Attachment-Kedelivery bond-Estopped from claim

of title..

Attachment-Sufficiency of affidavit-Amending.
Attachment-What is valid levy-Evidence of frud-

ulent transfer.
Attorney-at-Law-Disbarment-Affidavit on behalf of

Cilent-...

Attorney-at-Law-Disbarment-Former conviction of

Crime..

Attorney and Client-Lien of Attorney for Funds

received...

Attorney and Client-Presumption against Attorney-

Burden of proof in question of good faith, of

Attorney..

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363

76

109

49

Contract to pay increase of interest in case of default
in any instaltments-Not allowed as a penalty.
Contract for sale of land-Signed only vend r-Pur-
chase money note payable at certain bank.

Contract between Parent and Child-Will.

Contributory negligence-Burden of proof-Apothec-

aries.

965

342

341

341

335

274

80

302

303

78

301
329

297

336
337

366

364

203

339

363

364

366

335

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79

177
.329

867
340
203

341

75

Gambling Contracts-No intention to deliver Goods

Sold-Note given for margins-Void.,

331 Guaranty-Collection of Debt-Liability of Guarantor
Grant of Soil under Navigable Stream.

235

Garnishment-Debtor and Creditor living in one State

and the Garnishee in another..

Garnishment-Judgment against Garnishee without

271

328

Service on the Debtor.....

341 Garnishment-Check drawn before service of att ich-

ment-Ch ck made and delivered works and

Assignment.

800

Goods fraudule lyjobtained-Bona fide Purc: aser-
Notice....

Hay Scales a Fixture-Cannot be Transfered as Per-
sonal Property.

Homestead-Its measure and oxtent as to Tract of

Land-Nature of interest in which the right may

exist-Application of surplus money arising from

Sale

Homestead-Contract to Convey by Husband without
the Consent or Signature of his Wife.
Husband and Wife-Separate estate of wife-Liability
of Wife's Estate....

Homestead-Adopting of minor Child-Head of Family

Dying Intestate...

Highway-Dedi ation of Land-What constitutes a

368

368

Insolvency..

Fire Insurance-Deceit by Agent and inserting false
Statements in application-Liability of Company

Ferries-Power of the Legislature to grant or limit a

Franchise..

367

322

Dedication...

Homestead-Absolutely Deed construed as a Mortgage
Homicide-Degrees of Crime-Instructing Jury.
Highway-Obstruction-Abatement thereof as

Instru tion-Railraods-Defective Fence.
Informal Contract-Ratification by Implication..
Instructions-Negligence combined with the act of
Go-Contributory Ne-ligence.

51 Imprisonement for debt-B stardy procedings-Judg-
ment for Maintainace not a debt.
Insurance-Election to Rebuild-Several Liability.
Insolvency-Preference -Fee of one who draws the

&

Nuisance.....

Homestead-Wife may maintain an action for in her

Individual name-Husband or wife cannot claim

Avdersely to each other...

Homestead-Part of Building used for Business

of her own or her

Purposes..

Husband and Wife-Mortgage
Husbands Lands
Homestead-Mortgage-Junior Mortgagee taking an
As igument of a senior mortgage.
Homestead-night of the Widow-When her interest

becomes v sted right..

Inquest-Jury Fees-When more than one Dead Body
is the Subject of the Inquest.
Infanc-Minor's Contract Voidable not Void-Dis-
ability a Personal Privilege..
Insurance-Waiver of Condition in the Policy-Prem-

Insurance Company--Securities

Deposited with
Superintendent of Insurance-Maker's of Accom-
modation Note....
Insolvent Law-Effect of discharge on Debt due in
other States.

Imparing the obligations of a Contract-Charter of a
Corporation-Subsequent legislation regulatin
their Business.

Insolvent Bank-Re eiving Deposit just before clo ing
-Rights of Depo itor..

Deed.

Insurance-Forfeiture-Notice of dues---Witness tes-
tifying twice to this same fact....
Impounding Stock-Lien for Redemption..

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Municipal Corporation-Defective sidewalk
Municipal corporation-Lien for public improvement
Municipal corporation-Ordinance in part for special
assessment and in part for tax..
Municipal corporation-Obstruction in street-Contri-
butory negligence...

Municipal Corporation-Right to employ an attorney
to defend a town officer..
Negligence-Liability of city for detective sidewalk...
Negligence-Railroad train obstructing street-Person-

al injury.
Negligence-Liability of township for injury from de-

fective bridge...
Navigable stream-Abutting, land owners-Construc-
tion of a wharf...

Negligence-Fire caused by sparks from a locomotive
-Extending to adjacent land...

Negligence--injury to a servant by negligence of fellow

servant...

Neg igence-A question for the jury-instruction..
Note and mortgage-Assignment of note.

Practice-By motion for verdict all that has been prov-
ed is admitted....

Practice-Fxceptions-Ratification of au unauthoriz-

328

312
329 Practice-Bankruptcy-Jurisdiction of state courts..
Practice-Confession of part of claim-Judgment for
amount confessed...

Practice-Liability of clerk-Statutory fee.

Promissory note-Indorsement in a commercial sense

Promissary note-Agreement to forbear-Estopped of

defense.

Probate decree-Administration not necessarily dis-
charged upon final settlement...

Presentat.on of claim against estate of decedent-Time
allowed.....

Quality of goods to be delivered under a contract-Who
shall be judge of the quality.

Question for the jury-Defective highway.
Railroads-Change of route-Right of way.
Railroads-Taxation by municipa: cor, oration..
930 Kailroad company-Right to designate the place to re-
ceive grain..

Railroads-Statute against accident not applicable to

servants.

Perjury-Indictment-Materiality of the false state-

ment..

larger

Practice-Improper remarks by counsel in argument
Practice-Secondary evidence -Mortgage for

sum than the debt-Fuaud..

Practice-Newly discovered evidence-Instruction.

Principal and agent-nevocation-Subsequent sale.

Promissory note-Amount due-Declaration

Paupers-Civil damages

Public officer-Pay for extra work.

Practice-Stenographer's notes on first, used on second

trial-Time allowed for argument..
Promissory note-Indorsement in blank-Authority to
till blanks..

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Set on-Partnership debt of firm as against an action

by one of the firm...

Sale on execution-Application of surplus proceeds
over debt-Liability of sherin on his bond..
Trade-Mark-May be protected although unpatented
Telegraph company-Negligence-Contributory négli

Taxation-Warrant to collect with interest.

Turnpike companies--Legal residence of a corporation

Use of water for mill power-Injury-Injnnction......,

Unrecorded mortgage-Sale of mortgaged lands.
Voluntary assignment for benefit of creditors-Attach-

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Entered at the Chicago Postoffice as Second-class Matter.

VOL. VI.

ST. LOUIS LAW SCHOOL. Law Department of Washington University, 1417 Lucas Place, St. Louis, Mo.

FACULTY.-William G. Eliot, D.D., Chancellor of the University; William G. Hammond, LL.D., Dean of the Law Faculty; Henry Hitchcock, LL.D.; Samuel 1reat, LL.D., (United States District Judge, Eastern District of Missouri); George A. Madill, Chester H. Krum, Gustavus A. Finkeln burg, Allert Todd, George W. Cline.

The advantage of a Law School located in a great city where courts are always in session, and legal business of every kind may daily be seen in actual practice, are obvious. No place in the West offers these advantages in so large measure as St. Louis. The Law School edifice is of three stories, situated on its own grounds, and is entirely devoted to the use of the Law School.

The sixteenth annual term will open October 18, 1883. Full course, two annual terms, seven months each, excluding the two weeks recess for Christmas holidays.

The Law Library belonging to the School consists of upwards of 3,000 volumes, and is open to the student throughout every day and evening except on Sunday.

The School is open upon equal terms to students from all parts of the United States, and the course of instruction is intended to prepare them for practice in any State.

The tuition fee is $80 per year, and is the only charge made by the School. Information as to prizes and scholarships will be found in the catalogues, for which apply to WILLIAM C. HAMMOND, LL.D., Dean. ALBERT VAN WACNER, (Formerly New York Bar.)

No. 1 Plowden Building, Temple, LONDON, ENGLAND.

Taking evidence upon COMMISSION A SPECIALTY, in any part of the kingdom. Also claims. etc., etc., attended to. References:-New York, Messrs. Arthur, Phelps Knevals & Ransom; Chicago, Judge Barnum, and Messrs. Dent & Black, C. B. VanShaack, Esq., and Wirt Dexter, Esq., et al.

(Commercial Law.)

KE

CHICAGO, JANUARY, 1885.

ERR & CARTER,

(Commercial Law.)

ATTORNEYS AND BARRISTERS
Montreal, Canada.

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ADDRESS OF CHICAGO LAWYERS.
W. L. Snell, 51, Bryan Block, 164 La Salle St.
Joseph Shippen, 59 Portland Block.
Henry V. Freeman, 50 Portland Block.
Frank Compton, 78, 164 La Salle St.
Smith & Burgett, 34, 115 Dearborn St.

J. N. McDonald & Co., 41 and 42, 86 La Salle.
Bisbee, Ahrens & Decker. 132 La Salle St.
Beck & Roberts, 14 and 15, 115 Dearborn St.
Mark Bangs, 2 and 3, 142 La Salle St.
Starr & Ehrlich, 51 Calumet Building, 187
La Salle St.

W. L. Gillham, 46, 84 La Salle St.

Herbert B. Johnson, 184 Dearborn St. Wolfred N. Low, 5 and 6, 159 Washington St. A. Brookings, 21, 156 Washington St. McClellan & Cummins, First National Bank Building.

Dent, Black & Cratty Bros., 175 Dearborn St.
Luman Allen, 94 Commercial National Bank
Building.

Geo. W. W. Lytle, 24, 163 Washington St.
Rexford & Avery, 10 and 11, 89 Madison St.
Julius Goldzier, 50 Metropolitan Block.
D. J. Crocker, 96 Com'l Nat. Bank Building.
Doolittle & McKey, 31, 32 and 33, 184 Dear-
born St.

Frank J. Crawford, 17 and 19, 180 Clark St. Geo. W. Cass, 74, 164 La Salle St.

Jno. Barton Payne, 319 First National Bank Building.

DeWitt C. Jones, 36, 164 La Salle St.

NO. I.

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