v. W. U. Tel. Co., 53 O. St. 431. Indiana and Virginia have recently taken this majority view. W. U. Tel. Co. v. Ferguson, 157 Ind. 64; Connelly v. W. U. Tel. Co., 40 S. E. 618.

JOINT TORT FEasors-Release of One Releases All.—Abb v. NORTHERN PAC. RY. Co., 68 Pac. 954 (WASH.).—Injuries were occasioned by the joint carelessness of the Grant Street Electric Co. and defendant. Plaintiff upon consideration of partial satisfaction released the street electric company from all damages, but expressly reserved the right to hold the defendant. Held, an absolute release of the one released the other also.

The weight of authority supports the doctrine that when the full amount of damages is ascertainable by direct positive proof, an absolute release of one, on consideration of partial satisfaction, is not a bar. Cooley on Torts, 139; Ellis v. Essan, 6 N. W. 518 (Wis.); Sloan v. Herrick, 49 Vt. 327. There are conflicting decisions where the damages rest mainly upon the opinion of a jury. The present case is supported by Ellis v. Bitzer, 2 Ohio 89; Gunther v. Lee, 45 Md. 60. A contrary view, however, is taken in Matthew v. Chicopee Mfg. Co., 3 Robt. (N. Y.) 713. An agreement to discontinue a suit against one, in the absence of full satisfaction, was held to operate as a bar to further action in Mitchell v. Allen, 25 Hun 543, and Ayer v. Ashmead, 31 Conn. 447; but it was not so held in Lovejoy v. Murray, 3 Wall. (U. S.) 1, and Chamberlin v. Murphy, 41 Vt. 110. A distinction was made between a technical release, and one merely by implication, in Bloss v. Plymale, 3 W. Va. 393, where a receipt in full given to one tort-feasor did not release the others.

CAPACITY-EXPERT

WILLS-PROBATE-TESTAMENTARY WITNESSES-INSTRUCTIONS.-IN RE BLAKE'S ESTATE, 68 PAC. 827 (CAL.).—The lower court had instructed the jury that the opinions of experts, although competent as evidence, were frequently unsatisfactory and unreliable, and that such opinions were not entitled to as much weight as facts. Held, that the instruction was erroneous as matter of law.

By the principle that the credibility of witnesses is exclusively within the province of the jury, the court must not disparage expert testimony. Louisville, etc., R. Co. v. Whitehead, 71 Miss. 451; White v. Fox, 1 Bibb (Ky.) 371. But the court may instruct that expert evidence of opinion should be received with caution. Rogers' Expert Test. 451; Maye v. Herndon, 30 Miss. 118; Grigsby v. Waterworks Co., 40 Cal. 396. And the instruction of the lower court seems to have gone no further than the cautionary instruction in Benedict v. Flanigan, 18 S. C. 506: "All testimony founded upon opinion merely is weak and uncertain and should in every case be weighed with great caution."

REVIEWS.

Elements of Sales. By Wm. L. Burdick, Ph.D., LL.B., Professor in the University of Kansas School of Law. T. H. Flood and Company, Chicago. 1902. Buckram, pp. 214.

Compendiums of this nature are generally valuable merely as an outline course preceding a study more in detail, or as a review of such study. But this work will doubtless fulfill, to a large extent, an additional purpose as a substitute for the more exhaustive treatises, for it is not merely an enumeration of legal principles. In addition to the essentials of the law of sales, it contains a clear exposition of the reasoning and development of the subject. The author has also shown a careful discrimination in his selection of cases, indicating the doctrines of the several States where they conflict, and illustrating well settled points by a wide range of authorities. Another feature to be commended is a list of text-books relating to the subject together with the dates of their publication. In parts the sentences are long and somewhat involved, and occasionally an unnecessary repetition is made, faults, which it is needless to say, should be carefully avoided in a work of this character.

An appendix contains a copy of the English Sale of Goods Act (1893), the New York Factors Act (1830), and forms of a bill of sale and bills of lading. J. H. S. History of the Louisiana Purchase. By James Q. Howard. Callaghan and Co., Chicago. 1902. Law buckram, pp. 170.

It appears that the inducing cause for the writing of this book was the interest in the subject aroused by the Exposition at St. Louis. The author in his prefatory observations calls it a "relation of fact,” and, strictly as such, it is a useful compendium of the chief historical facts connected with the Louisiana Purchase. If we call it a history we must class it as very elementary and narrative in form. It has many features in common with a work on the same subject written by Binger Hermann, of the Government Land Office, in 1898. The feature most open to criticism is the undue prevalence of awkward and badly selected figures of speech. G. R. J.

Probate Reports Annotated, Vol. VI. By George A. Clement. Baker, Voorhis & Co., New York. 1902. Sheep, pp. 832.

This work on probate law is one which is increasingly commending itself to the average practitioner. As the volumes multiply from year to year their value is seen more and more, for even now this work, owing to the exceedingly good editorial notes at the end of many of the cases, is beginning to serve as a reference book, better adapted to the ordinary wants of the lawyer than most books on the subject. Among the many good cases in this volume we note that of in re Fair's Estate, which has been the subject of considerable comment and criticism throughout the country. Besides the index to the editorial notes, which are contained in this and previous volumes, there is a general index that has the unusual merit of being practically a digest of all the cases reported. C. W. B.

The General Principles of the American Law of the Sale of Goods. By Reuben M. Benjamin, Professor in Bloomington Law School. 2nd edition. The Bowen-Merrill Company, Indianapolis and Kansas City. 1901. Sheep, pp. 409.

Professor Benjamin has greatly enhanced the value and usefulness of the second edition of his work on this important branch of the law of contracts by the addition of a chapter on the provisions of the Statute of Frauds relating to the sale of goods. The relevant sections of the statute are stated in detail, with an enumeration of the various states where they are in force. The different provisions of each section are thoroughly explained and commented upon, and illustrated by well selected cases. The author's treatment of the sub-heads, "What are 'Goods'," and "Part Payment," is particularly thorough, and partakes of the same comprehensiveness and conciseness of expression that characterizes the whole work. The book follows the same general lines as did the previous edition, augmented by the citation of recent cases, and concludes with an index and table of cases.

W. J. D.

Studies in Juridical Law. By Horace E. Smith, LL.D., former Dean of the Albany Law School. T. H. Flood and Company, Chicago. 1902. Sheep, pp. 359.

It has been the author's aim to present both the law student and the lay reader with a general and comprehensive treatise on the subject. Covering the whole field of municipal law, it has only been possible for him to sketch the merest outlines of its history and development. From a historical standpoint, the book is brief and interesting. The leading features of Mosaic, Roman and Anglo-Saxon jurisprudence are treated and the rise of equity, admiralty, international law and other branches are especially noted. A considerable amount of space is devoted to a justification of Blackstone's definition of juridical law, a technical matter which might well have been avoided. The topical discussions and the special papers which the author has appended also appear unnecessary in a work of the kind. The style is clear and logical and should appeal to the general reader. Another commendable feature is the careful selection of references. R. H. S.

ACKNOWLEDGEMENTS.

THE LAW OF JUDGMENTS. By Henry C. Black, M.A. 2nd ed. West Publishing Co., St. Paul. 1902. 2 Vol., pp. 1592. Review will follow.

THE HEALTH OFFICER'S MANUAL AND PUBLIC HEALTH LAW OF THE State OF NEW YORK. By L. L. Boyce. Matthew Bender, Albany. 1902. Review will follow.

THE ORIGIN OF MUNICIPAL INCORPORATION IN ENGLAND AND IN THE UNITED STATES. By Amasa M. Eaton. Reprinted from proceedings of American Bar Association, August, 1902. Review will follow.

THE SAN JOSÉ COLLEGE CASE. Brief for plaintiff. By Lebbeus R. Wilfley, Attorney-General for the Philippine Islands. Manila. 1902.

THE CASE OF THE PIOUS FUND OF THE CALIFORNIAS. Brief for United States. By Garrett W. McEnerney. Moulton & Co., The Hague. 1902. PRACTICAL LEGAL DIFFICULTIES INCIDENT TO THE TRANSFER OF SOVEREIGNTY. By Frederic R. Coudert, Jr. Pamphlet. New York. 1902.

REPORT OF THE SPECIAL AND REGULAR MEETINGS OF THE COLORADO BAR ASSOCIATION. Vol. 5. pp. 276.

COURSES OF STUDY FOR LAW CLERKS. By Franklin M. Danaher. Pamphlet. Albany. 1902.

ALUMNI AND SCHOOL NOTES.

The sixth volume of the new edition of the Encyclopedia Britannica, which has just appeared, contains two articles by members of the Law School faculty. Judge Baldwin writes that on "Law in the United States," which forms a sub-division of the general title Law, edited by Lord Davey. Professor Woolsey contributes to that on the Monroe Doctrine, and concludes his sketch of its history in these words:

"Never having been formulated as law, or in exact language, the Monroe Doctrine has meant different things to different persons at different times. It has grown with the consciousness of growth in power,-a curious fact, since it is founded on the right of defending interests which must be less endangered as the United States becomes greater. It has become deeply rooted in the American heart, and a permanent part of the foreign policy of the United States. It tends to change into the principle that every portion of the American Continent must be free from European control. It is still coupled, however, with the converse principle that America takes no part in European politics, as the disclaimer of the American delegates to the Peace Conference at The Hague proved."

Professor Rogers has an article in the initial number of the American Law School Review on "Legal Education in the United States."

The Yale Kent Club has elected the following officers for the present

term:

President-George H. Bartholomew, 1903.

Vice-President-William T. Keleher, 1904.
Secretary-Charles M. DeForest, 1905.

Assistant Treasurer-William J. Downs, 1903.
Critic-John W. Wetzel, Instructor in Elocution.
Assistant Critic-Charles D. Lockwood, 1903.

The Wayland Club officers are as follows:
President-William J. Mulligan, 1904.
Vice-President-Daniel F. Conway, 1904.
Secretary-William E. Kennedy, 1905.
Treasurer-Robert S. Walker, 1904.

It is announced that hereafter the annual fees for tuition and use of the University and Law libraries will be one hundred and fifty dollars for all students studying for a degree. There will be no reduction for advance payment as heretofore. The tuition charged for special students will be on the same basis, but proportioned to the amount of instruction and supervision required. This change will not affect members of the school in attendance during the school year 1902-3, who are entitled to complete their course and obtain their degrees at the rate of tuition previously prevailing.

'76.-Victor H. Metcalf has been re-elected to Congress from California. '83.-George Shiras, III., will represent the 29th District of Pennsylvania in Congress for the ensuing term.

'92.-Samuel A. York, Jr., was the unsuccessful candidate on the Democratic ticket for Judge of Probate for New Haven, in the recent election.

'93.-Homer S. Cummings, of Stamford, was the Democratic candidate for Congressman-at-large for Connecticut.

'97.-Frederick T. Harwood was one of the Democratic candidates for the Michigan legislature from Detroit at the November election.

'98.-Prof. William L. Burdick, of the University of Kansas, is the author of "Elements of Sales," recently published by T. H. Flood & Co.

'99.-William C. Keane is in the legal department of the Metropolitan Life Insurance Co., New York.

Ex-'99.-George W. Skinner is a member of the firm of the John S. Worthington Co., Iron and Stock Brokers, Denver, Col.

'99.-The wedding of Miss Bertha Grace Clark, daughter of Mr. and Mrs. Henry Miles Clark, to Robert J. Woodruff was celebrated in Orange, Conn., Wednesday, November the twelfth.

1900.-Wells K. Stanley is practicing law in Cleveland, Ohio.

'02.-Lucius P. Fuller has opened an office at 50 State st., Hartford,

Conn.

'02.-W. Wyan Goodwin and John B. Pew have formed a partnership for the general practice of law under the firm name of Goodwin and Pew, with offices at 601 New York Life Building, Kansas City, Mo.

'02.-Abner P. Hayes has opened an office in Waterbury, Conn.

'02.-A. Henderson and E. B. Riley have formed a partnership and opened offices at Waterbury, Conn.

'02.-Oscar O. Lamontagne has opened an office in Holyoke, Mass.

'02.-J. Frank Malley has opened an office in Springfield, Mass. '02.-Henry C. Snyder has located in Lexington, Ky. His office address is Room 22, Northern Bank Building.

The following Yale Law School graduates were elected to the Connecticut legislature in November:

Senate-T. F. Noone, '99, of Vernon, from the 23rd District.

House-W. I. Fenn, '81, from Meriden; J. T. Hubbard, '83, from Litchfield; James P. Woodruff, '93, from Litchfield; E. S. Banks, '95, from Fairfield; H. K. Smith, '95, from Hartford; Edwin L. Clark, '97, from Orange; Michael T. Downes, Ex-'99, from Wallingford; A. Arnott, '02, from Manchester; O. W. Platt, '03, from Milford.

At the November election, also, the following graduates were elected Judges of Probate for districts in Connecticut:

Olin R. Wood, '69, for Manchester; Robert A. Lowe, '80, for Waterbury; John M. Murdock, '80, for Chatham; Livingston W. Cleaveland, '81, for New Haven; John A. Stoughton, '82, for East Hartford; Charles H. Peck, '88, for Stratford; Alfred Coit, '89, for New London; Roger S. Newell, '91, for Bristol; Thomas D. Coulter, '94, for Essex; Elmore S. Banks, '95, for Fairfield; ;George W. lett, '95, for Berlin and New Britain; Robbins B. Stoeckel, '95, for Norfolk; Frederick C. Taylor, '96, for Stamford.