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We notice several cases of interest in this volume. In Brownson v. Wallace, p. 465, it was held, that a court of the United States sitting in New York could not regard letters testamentary or of administration granted in another State, and such letters give no authority to sue in such court.
In The Union, p. 90, and in The White Squall, p. 103, are interesting discussions of the power of a Court of Admiralty to re-arrest a vessel for the same cause of action on which she has been once arrested and delivered up on bail.
In The Yuba, p. 352, it was held to be no objection to a recovery on a bottomry bond that the repairs were made before the loan of money to pay for them was effected.
In Silliman v. Hudson River Bridge Co., p. 74, the constitutionality of the act of the legislature of New York, authorizing the construction of a bridge over the Hudson River at Albany, was considered, and an opinion pronounced by Nelson, J., against the validity of the act. On p. 395, Hall, J., delivered an opposite opinion, and an injunction was refused. The case was then certified to the Supreme Court of the United States. That court being equally divided, the decree of the court below was affirmed, and the bridge was built.
In United States v. Collins, p. 140, creditors of the Collins steamship company had obtained executions in the State Courts of New York, and were proceeding to sell the steamers Atlantic and Baltic. The United States applied for an injunction to restrain the sale, claiming to have liens on the steamers by virtue of certain mortgages given for moneys advanced to build the steamers. It was held, that if the United States had a lien, the creditors had a right to sell the vessels subject to the lien, and a doubt was expressed whether the United States Courts, could enjoin the State Court. There are also many interesting Collision, Charter Party, and Revenue cases.
Of Judge Blatchford's merits as a reporter we need say nothing. He is already well known to the profession, and has fully sustained in this volume his well deserved reputation for carefulness and ability.
United States District Court Reports. Second Circuit. By ROBERT D. BENE
Vol. I. No. 1. New York: Baker, Voorhis, & Co. 1868. This is the first number of a volume which, we trust, will be followed by many more, and which the profession should not allow to be discontinued through want of patronage. The decisions of the most important district in the country – the Southern District of New York — have been reported from 1827 to 1850, except for the years from 1837 to 1843. This number begins with a case decided in September, 1865, and ends with one decided in December, 1866. The publishers propose to give full reports of the cases in the Southern and Eastern Districts of New York (into which the old Southern District has been divided) and to include selected cases from the other districts which shall be of importance.
The reports of Blatchford & Howland, Olcott, and Abbott were chiefly confined to admiralty cases, and had necessarily a limited circulation. Now, however, the jurisdiction of the District Courts is greatly increased. It extends to questions arising under the Internal Revenue Act, the National Banking Act,