The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-07-22
New Books.

New Books.
The american Reports. Vol. Al.
ibis series of valuable law reports is now
so well known that it is hardly necessary to
give The whole title.page. The publisher
announces that he will issue in September
next Digest OF the cases reported in the
american Reports up to that date. We give
q few interesting syllabuses from Vol. XII:
Bonkruptcy-2.. A Judgment IL an action
of trespasS Tor assault and battery is debt
proyabIe under the bankrupt act.-Mdn'
ming rS. Keyes (R, -, 249.
3. A creditor who was fraudulently omit
ted from the schedule filled by bankrupt in
proceedings under the bankruptcy act, and
who bad no actual knowledge of the pro-
ceedings until after granting Of discharge
to the bankrupt, applied 10th United States
District Court, under section 81 OF the act,
10 anuul the discharge for that cause. Held
that he could not atterward impeach the dis
charge in an action on his debt in State
court-Burpee Us. Sparhaeok (Mass.), 800.
4. A certificate Of discharge in bankruptcy,
under the act Of 1867, chapter 1T6, cannot
be impeached in State court, in an action
upon O debt of nature to be barred by a
valid discharge, on account of the fraudulent
conveyance OF property by the bankrupt.
Way os. Howe (alass), 1856. ~
Constitutional LaD.-1. The Legislature
have no power to make the operation or re.
neal of law dependent upon vote OF the
people. Therefore, held, that an act pro-
bibiIIne the sale Of ale, wine, etc., the opera
ton of which is made dependent upon the
vote of the people in each county, was un-
constitutionul.-The Stale vs. Weir (Iosca),
115 and note, III.
Criminal lLaU.-5. Defendant was tried
nnon an indictment for murder, and was
foI,ns mot guilty OF murder, but guilty OF
mapsIaughter in the second degree Upon
a new trial upon the same indictment,
Granted upon his own motion, held that he
eoud not be convicted of murder.-The
State rs. Martin WIS.,, 567.
7, The test Of responsibility for criminal
acts. where unsoundness of mind is set up
ms defense, is the capacity of the defendant
to distinguish between right and wrong, at
the time of and with respect to the act
which is the subject Of the inquiry. -Fsana.
qan us. The People (N ", 73l.
Indtctn,ent.-Neither the Endorsements
,pon check, nor revenue stamp at
tacbed thereto, form any part OF the instru-
ment; and an omission to set them forth In
an Indictment for forging and utterlng the
check constitutes no variance.-Mller oS.
The People IN. ~, 1o6.
Marridge.-A marriage between slaves,
void at the time, is made valid by rahhca'
ton of the parties after they become Tree,
and their children have heritable blood
Jones Us. Jones (Ma.), sos.
Master and Sercant.-Delendant was
keeper Of gun-store. his servant, clerk
in the store, while engaged, during defend
ants absence, in exhibiting gun to Gus
toner, loaded it contrary to defendants or
ders. In so doing it was accidentally dis.
charged and shot the plaintiff, who was on
the opposite side of the street. Held that
the defendant was liable for the injuries
Ga,7etson Us. Duenckle NO., 4O5.
Municipal Corporation-l. a municipal
cOrporati0n cannot so adjust the grade OF
its streets as to turn s1rface-Dater upon the
lots of adjacent onners !; nor can 1t ia,gtully
hermit property o,rners on street to I'LL up
a portion thereof in front of their lots an
such manner as to turn the surJace.'odter
upon the property Of others.-Ctty OF aurora
Us. Reed (IH.),1.
). The defendant, municipal corporation,
bnilt sewer. which was defective, and plain
tih,S land was flooded and injured thereby
Held that this was taking of plaintiff :
! nronerty within the meaning Of the Constl
| Triton. for which compensation was due
and that defendants were liable irrespective
of negligence. Thurston os. CITY Of 81. 10
seph MOI, 1853.
| National Bank.-1. A national bank ha
the power, under the national currency ac
of Congress of 1864, chapter LOG, to make
bylaws providing that the shares Of its CAPT
tai stock shall be transferable only on it
books; that no stakeholder shall be allowed
to sell or transfer his stock while indebted
to the bank, without the assent of its direct
| ors and that the stock of any stockholde
shall be pledged and liable for the paymen
1 of any debt due or owing from such stock
holder, and may be sold at public auction
| for the satisfaction of such debt, on defaul
| of payment thereof Lockwood us. NE
| chanics National Bank (R. ~, 253.
Notice in Newspapers legal no
tees are directed to be published i1,a news
paper, ne wspaper in the English laDguag
is meant, in the absence Of express diree
tions to the contrary Graham us. KING
Il MOI, 4oi.
II Police O1icer.-3. A constable has RICH
by virtue Of his office, and without wal
rant, to enter any house, the door of whic
is unfastened, in which there is nois
amounting to breach of the peace, and al
rest any person disturbing the reace Their
in his presence.-sco Commonwealth Us. 10bi,
| (Mass.), 375.
j Real Property. Where one person own
| the lower story of q building, and anothe
the upper story, with right Of way thereto
I! the latter cannot recover of the former TO
necessary repairs of the roof, made by him.
1 OttumDa Lodge os. Lesois lIo,sa), 1876.
Sunddy-An action on the case for ipJu
ries to plaintiffs horse by reason of defend
lant's neglect and careless driving during
pleasure drive on Sunday, for which ne wa
hired, held. not maintainab BILE. PARKER us
Latner {4e.), 30, and note, 212.
To-day the comet Is nearest the earth