"We must solidify as one- (Their business is to save the State), All holding up ONE simmon pole !" That the jury was hung up in doubt would ordinarily be attributed to the judge's charge (and as narrated in this report, the charge would have hung the prisoner if it had not stopped with the jury), but the rulings on the evidence were confusing enough to surpass any ordinary juror. Charged with carrying concealed deadly weapons, the theory of the defense was thus rudely treated: "Suppose this pistol doesn't shoot, And makes no noise above a toot?" "No matter," said the judge, “my son, Our Court of Error holds it' gun.'' 66 Suppose it a wooden gun, And only carried round for fun?" "Without a pan or frizzen in't, And nary cock to hold a flint ?" No matter, ut supra. "And s'posen there's no trigger here, And that she only goes by air?" No matter, ut supra. 66 Supposin' that it ain't no pistol, And nothing but a hickory whistle ?" "No matter, said the judge," my son Our Court of Error holds it 'gun!” Either the report lacks the accuracy of the Lawyers' Reports Annotated, or else there was no speech to the jury; at all events, no argument is reported. Whatever, therefore, was the outcome of the case, for it is reported only as far as the motion for a new trial, it is clear that its value as a precedent is very little. In fact, the bar should always refuse to recognize the authority of any submitted case. Who can tell what difference a forensic argument might have made? In those law schools where the case system of teaching prevails, this report will undoubtedly be included in the selection of cases, along with Leading Cases done into English, and will undoubtedly supplant those brief memoranda which escape from the pen of the editor of the Albany Law Journal. This is, without pretension, a complete report; no Destyian annotation for a caudle appendage, and yet no tedious transcript from the record; only the facts and the law, in advance sheets, pending the motion for a new trial. THE PUBLISHERS' WEEKLY (330 Pearl St., N. Y. City, $3 a year) is one of the most interesting of our exchanges, and one which is probably not near well enough known among the book-buyers of the country. For those who have not seen it, a short mention of its contents will be valuable. Beginning with Notes in Season, such as Henry Altemus (the Philadelphia Bible Warehouse) has in preparation Jerome K. Jerome's New book, Told after Supper, then comes a Weekly Record of New Publications, such asAdams, H., History of the U. S. A., v. 5 and 6; The First Administration of James Madison, v. 1 and 2. N. Y. C. Scribner's Sons, 1890. C. 4+428; 4+488 pp. D. cl., $4. "The great value of these volumes consists in the new light which they throw upon the exciting years of Madison's administration, when the attempt was making to retrieve the blunders of Jefferson's terms of office and to adjust the relations of the young republic with the great powers then at war. *** The gradual alienation from France, the efforts through Erskine to secure the repeal of the Orders in Council, the failure of the administration to secure relief from British oppression on the high seas, and from insolence and arrogance in the negotiations to that end, the war debates of the XII Congress, the declaration of war, with the invasion of Canada, and the victories of the U. S. vessels in the naval battles-these stirring events are pictured by Mr. Adams with simplicity and power.' The Book Buyer. A mass of important and significant material drawn from many sources-from the MSS. archives of the State and War Departments at Washington, diplomatic correspondence, personal letters, etc., form the basis of the work. Or such as Bryant, Edwin E. Forms in civil actions and proceedings in the Courts of record of Wisconsin. Madison, Wis. Democrat Printing Co., 1890. C., 361 pp., D., shp., $3. Then an Order List, List of new English books, auction sales, business and personal notes about the booksellers, and the editorials and news. Of course, the leading houses all advertise in this valuable weekly. AN ANSWER. MCARTHUR, OHIO, October 29th, 1890. EDITOR CURRENT COMMent and Legal MISCELLANY: In the October number of your invaluable journal appeared an article signed "W. C. P.," dated at Lima, this State, in which article the writer asks for an answer to the following question: He first states that under the provisions of our Ohio statute, a transcript filed in the clerk's office of a judgment of a justice's court, taken during vacation of the Court of Common Pleas, is made a lien from the date of its filing, except as against a judgment taken at the following term of the Common Pleas Court, against which it shall be considered as of the first day of the term. And he then says, A obtained judgment against H on July 25th in a justice's court, and on the 11th of August filed his transcript according to law. B took a mortgage on the property of H for a valuable consideration on the 20th day of the same month. At the ensuing term of the Common Pleas Court C obtained judgment against H. H's property is not sufficient to pay the three liens. What is the order in which they should be marshalled under this statute? Answer: The proceeds remaining after deducting the amount due on the transcript judgment should be applied in satisfaction of the mortgage, and any balance still remaining, together with the amount so deducted, should be applied, pro rata, in satisfaction of all the judgments. See Babbelt & Heman et al. v. Morgan, Root & Co. and Raymond, Lowe & Co., 31 O. S. 273 et seq. The case was taken to the Supreme Court from W. C. P.'s own county a few years ago, and has not been overruled since. Had I space I would like to give the opinion; it is well worthy of careful perusal. R. S. SWEPSTON. Very respectfully yours, THE NEBRASKA LAW JOURNAL, edited by William Henry Smith, Dean of the Central Law College, Lincoln, Nebraska, is a new law magazine by its sub-title, but in fact is a reporter of the opinions of the State Supreme Court, with the more important opinions and judgments of the State District Courts and a selection of opinions in the United States Circuit and District Courts. It is not for one without personal acquaintance with the editor and his plans to make any criticism; there are not enough law journals in this country, and success will attend any new one if the editor will work hard and change around until he finds his place. Money is necessary, but brains and stubborn persistence equally so. Kent, Vol. II. 315-386. Law Studies. Of the Law Concerning Personal Property. November, 1890. "This is the species of property which first arises, and is cultivated in the rudest ages; and when commerce and the arts have ascended to distinguished heights, it maintains its level, if it does not rise even superior to property in land itself, in the influence which it exercises over the talents, the passions, and the destiny of mankind." ** "The sense of property is inherent in the human breast, and the gradual enlargement and cultivation of that sense, from its feeble force in the savage state, to its full vigor and maturity among polished nations forms a very instructive portion of the history of civil society. Man was fitted and intended by the author of his being, for society and government, and for the acquisition and enjoyment of property. It is, to speak correctly, the law of his nature; and by obedience to this law, he brings all his faculties into exercise, and is enabled to display the various and exalted powers of the human mind." Occupancy, first title to land and movables. The sense of property and its effect on the human mind. Right to use and transfer property. Actual delivery or possession necessary to consummate the title. Property in land, and property in goods among the ancients. Property in the hands of a third party among the Germans and the Romans. Stolen property, how considered in the ancient laws of Europe. The gradual strengthening of title to property. The general principle applicable to the law of personal property throughout civilized Europe is that nemo plus juris in alium transferro potest quam ipse habit. (One cannot transfer to another a larger right than he himself has.) Effect of death of occupant. Right to transmit by descent. Power of alienation. Delivery of possession. Introduction of testaments. Restraints on alienation. Protection in the enjoyment of property. "The duty of protecting every man's property, by means of just laws, promptly uniformly, and impartially administered, is one of the strongest and most interesting of obligations on the part of government, and frequently it is found to be the most difficult in the performance." "The government is bound to assist the rightful owner of property in recovery of the possession of it, when it has been unjustly lost. Of this duty there is no question. But if the possessor of land took possession in good faith, and in the mistaken belief that he had acquired a title from the rightful owner, and makes benficial improvements upon the land, it has been a point of much discussion whether the rightful owner, on recovery was bound to refund to him the value of the improvements.” Land recovered by ejectment carries improvements. No owner should be compelled to pay for improvements on his land that he never authorized and which originated in tort. But there is a different rule where the general public welfare is involved, such as public convenience and necessity. Right of eminent domain. A provision for compensation a necessary attendant on that right. Real property, like the rights and privileges of private corporations, held by grant or charter from the government. Right of contract. Government's power to prevent such uses of property as would cause nuisance and endanger the health or life or comfort of the community. Of the nature and kinds of personal property. It includes all subjects of property not of a freehold nature, nor descendible to the heirs-at-law. Usually it consists of things temporary and movable. Real estate jurisprudence in the Middle Ages. Chattels, include every species of property which is not real estate, or a freehold. Chattels real and chattels personal. Deeds, family pictures, deer in a park, fish in an artificial pond. The law of fixtures varies much according to the character of the business and intention of parties. And questions on this subject generally rise between heir and executor-executor of the life tenant and the remainderman-and between landlord and tenant. The strict rule applies also between vendor and vendee. Property in chattels personal are absolute or qualified. Goods bailed, pledged, or distrained. Personal property may be held in joint tenancy or in common. Goods and chattels in possession or in action. Chattels may be limited over by way of remainder, after a life interest in them is created, though not after a gift of the absolute property. Title to property may accrue by I. Original acquisition. II. Transfer by act of law. III. Transfer by act of the parties. Original acquisition by occupancy. Capture in war. Goods lost and unclaimed or abandoned. Acquisition by accession.-Confusion of goods, materials of one person united to the materials of another by the labor of one who furnishes the principal, materials, increase of flocks. Acquisition by intellectual labor. Patents and copyright. A patent "is a grant by the State, of the exclusive privilege of making, using, and vending, and authorizing others to make, use, and vend, an invention." A patent right is personal property, and is assignable; and the patented article may be seized and sold on execution, Copyrights.-"The author of books, maps, charts, and musical compositions, and the inventors and designers of prints, cuts, and engravings, being citizens of the United States, or residents therein, are entitled to the exclusive right of printing, reprinting, publishing, and vending them for the term of twentyeight years, from the time of recording the title thereof." Questions. 1. What was the original method of acquiring property? 2. What property had the individual in land in early times, in whom was the fee? 3. What was the ancient law of Europe as to bona fide possession of goods however the owner may have been dispossessed of them? 4. To what kind of property was the power of alienation first applied? 5. What checked the right of alienation of land in England for a great while? 6. What familiar common law max |