same subject in Hanover on Horses, which cites the English as well as the American cases. If we are to believe Cicero, from whom the present author quotes on his title page, there is after all much more need of such a book in England than in this country, for Cicero said: "Tu qui cæteris cavere didicisti, in Britannia ne ab essedariis decipiaris caveto." XXI AMERICAN DECISIONS. CROSS-EXAMINATION. Editor of the Albany Law Journal: In Rollwagen v. Rollwagen, 63 N. Y. 504, Wm. H. Arnoux and Wm. A. Beach, for the appellant, maintained that: "The General Term erred in holding that the right of cross-examination is confined to subjects upon which the witness has been examined by the party calling him," citing authorities; yet the judgment in that case was affirmed. Can you inform me, through the columns of your JOURNAL, considered to be a court of reliable resort, how the law of this State now stands upon that point? Yours, J. B. DALEY. WINDHAM, N. Y., Dec. 14, 1880. This volume has cases from 1 Saxton, 1 Halsted, 2 Paige, 4, 5, 6 Wendell, 2 Devereux Law, 1, 2 Penrose & Watts, 2 Rawle, 1, 2 Bailey Law, 1 Bailey Equity, 2, 3 Vermont, 2 Leigh, 3 Stewart, 1 Stewart & Porter, 8, 9 Connecticut, 2 Blackford; and notes on privilege of witness; power of appellate court after remittitur; justification of officer by process; notes payable in [There can be no doubt that the rule here is, that specific articles; definition of "in jeopardy; ""tools" cross-examination is not limited by the direct, but in exemption laws; what is necessary to attach per- if it exceeds it, the witness in so far becomes the sonalty; effect of foreign divorce. witness of the cross-examining party. — ED. ALB. L. J.] Judgment affirmed with costs-Maas v. The Missouri, Kansas and Texas Railroad Company and ano: Wehle v. Conner; The Phoenix Insurance Company of Brooklyn v. Floyd.- -Judgment reversed and new trial granted, costs to abide event -. - David v. The Williamsburgh City Fire Insurance Company; Bryan v. Stewart; Baird v. The Mayor, etc., of New York; Haynes v. Rudd; Sparman v. Keim.-Judgment of General Term reversed, and judgment on report of referee affirmed with costs- Church v. Simmons.- -Orders of General Term and Special Term reversed, and an order entered vacating the attachment as against the land embraced in Mrs. Alberger's deed, with costsThe Steuben County Bank v. Alberger. -Order reversed and proceedings remitted to recorder, with directions to proceed and try the prisoner-The People ex rel. Comerford v. Dutcher, sheriff. -Order affirmed, with costs- In re Kendall to vacate assessment.Order of General Term reversed, and judgment of Special Term affirmed, with costs-Josepthal v. Steffen. Motion for reargument denied, with $10 costs - Lord v. Harrison; The Pacific Pneumatic Gas Company v. Wheelock. Motion to amend return denied, with $10 costs-Schultz v. Hoagland.- Appeals dismissed, with costs of appeal, and $10 costs of this motion Stevens v. Glover. -Motion denied, without costs The People ex rel. Egan v. The Justices of the Marine Court of the City of New York. CORRESPONDENCE. POWERS OF NATIONAL BANKS. Editor of the Albany Law Journal: In your note of cases on the power of banks to purchase notes (ante, p. 462), you say at the end: "This important question ought to be settled, as to National banks, by the Federal Supreme Court." Has it not thus been settled, practically, by the decision of the United States Supreme Court in The Union National Bank, Skinker et al. v. Matthews, October term, 1878, 19 Alb. L. J. 132? The effect of that decision, as I understand it, is that a private person has no right to set up in defense the assumption by a bank of a power not conferred, or prohibited (which is the same thing), but that "the sovereign alone can object; " the government must exact a forfeiture of the charter, obtain judgment of ouster, etc., and "a private person cannot, directly or indirectly, usurp this function of the government." Respectfully yours, J. KOPELKE. CROWN POINT, INDIANA, Dec. 14, 1880. MR. NOTES. R. NATHANIEL C. MOAK, of this city, has issued a complete and useful Subject Index of Elementary Law Books, used by him in his lectures to the Albany Law School, class of '81, on Books, their Selection and Use. Mr. Moak indicates which he regards as best, second best, and third best. No one is better fitted to advise on this subject than Mr. Moak, and the Index will be useful to every student and lawyer. F. D. Linn & Co., of Jersey City, publishers of the Criminal Law Magazine, Jarman on Wills, and other admirable issues, have put forth an edition of Fielding's Novels, in four volumes duodecimo, at $7. The book is elegantly printed and bound, and has reproductions of Cruikshank's famous illustrations. The page is one of the fairest we have ever seen. Fielding is one of the half dozen greatest masters in English literature, whose works can never grow obsolete, but must have a constantly-increasing value as faithful and vivid pictures of his time. Amelia is one of the strongest, sweetest and sincerest novels ever written. Every lawyer should read Fielding, for he was himself a lawyer and a useful magistrate. It is much better to resort to this grand and genuine old master than to devour such namby-pamby stuff as Endymion. Fielding is called coarse. His coarseness was simply that of his time, like Shakespeare's. He is never gratuitously nasty. There is more unadulterated "smut" in many a modern society novel, like one of Ouida's, or in a modern play, like Frou Frou, or a modern opera, like La Traviata, than in all of Fielding's works, while there is in these modern works no healthy counteracting air like that which blows on every page of England's "prose Homer." Debenham v. Mellor, respecting a wife's right to pledge her husband's credit for necessaries (see 21 Alb. L. J. 344), has been affirmed in the House of Lords. Lord Justice Coleridge succeeds Sir Alexander Cockburn as lord chief justice of England. This appointment was expected, and we believe gives satisfaction. It is said that Lord Justice Blackburn was conspicuously absent from the late lord chief justice's funeral. Lord Penzance was also probably absent. The Chicago Legal News says that the Illinois Supplement of the North Western Reporter has been discontinued for want of patronage. We can easily appreciate the difficulty when the Illinois reporter issues advance sheets and the News publishes head-notes very promptly. Still it was a good enterprise, and we are sorry it has not been successful. 430 229 87 171 272 Resh v. First Nat. Bank. National banks; when lia- 314 212 State of Missouri v. Merchants' Ex. Mut. B. Soc. Sta- 453 129 373 292 Chicago & N. W. Ry. Co. v. Oconto. Town must con- Davis v. Clinton Water-Works Co. Action by inhabit- Debenham v. Mellor. Purchases by wife on husband's 152 DeLassus v. Gatewood. Devise to children to be alive 412 Goodman's Trusts, Re. Conflict of law; legitimacy of State of New Hampshire v. Grand T. Ry. Removal of 427 493 State of New Jersey v. Nugent. Malicious destruction 411 State of North Carolina v. Perry. Inter-State extradi- 513 Steckel v. First Nat. Bank. National banks; when lia- 313 311 Stone v. Mississippi. Lottery grants not contracts pro- 8 153 88 Thorley's C. F. Co. v. Massam. Deceptive use of one's 305 Town of Trinidad v. Simpson. Ignorance of English as 409 250 Walker v. Walker. Right to strike out answer for 372 346 392 31 Webber v. Townley. Right of individuals to inspect 68 374 Williamson v. Chic. R. I. & P. Ry. Co. Contract void 29 131 Indiana Constitutional Amendments. Matter of; rati- 147 International & G. N. R. R. Co. v. Halloren. When Worth v. Lioness. Maritime law, duty of ship-owner 494 293 347 McGrath v. Van Stavoren. Bequest of bonds does not Zeigler v. First Natl. Bank. National banks, when lia- 314 395 Murphey v. Mayor. Eminent domain; diversion of 387 California Statute prohibiting fishing, unconstitutional.. CIRCUIT LIFE, decline of CIVIL DAMAGE ACT (see Notes of Cases). See Current Topics. 110 CODE, opponents to.. 407 468 294 Natl. Exchange Bank v. Hills. National banks; taxa- See Current Topics. 451 COMMON CARRIER (see Carrier). 489 Olive Cemetery Co. v. Philadelphia. Exemption of 349 COMMERCIAL LAW, Forbes v. Omaha (see Cases COMMON WORDS, legal definition of............ 64, 344 CONFLICT OF LAWS, Re Goodman's Trusts (see CONNECTICUT, Supreme Court of Errors Abstract State Registration Act when unconstitutional.. Nat'l Exchange Bank v. Hills (see Cases in Full). 226 126 325 |