Page:The Green Bag (1889–1914), Volume 19.pdf/528

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EDITORIAL DEPARTMENT "The rule stated has an important bearing also upon the question of subsequent ratifica tion, which again may be express or implied. If the presumed understanding on all hands is that the association is to be managed within the funds provided and that there is no implied power to exceed them, every member has a right to believe that it is being so managed until he is apprized of the contrary. When therefore is becomes a question whether this or that act or omission on the part of a given member is to be treated as an mplied ratifica tion of expenditures, etc., beyond the available resources, the principle that there can be no inference of ratification where the act set up as constituting it was done in excusable ignoance of material facts is one to be reckoned with." WILLS (Publication). " Testimony Con cerning Publication of Wills," by Charles C. Moore, in the July Law Notes (V. xi, p. 65).

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Deals with the weight of evidence on the question whether 'he requirements of several states that the testator shall declare the document to be his last will and testiment was observed or not, citing many rules laid down by judges in dealing with such evidence. WITNESSES (Patent's "Privilege"). "A recent Case of Patients' Privilege " by William A. Purrington, in the May Bench and Bar (V. ix. p. 48 ), discusses the case of Clifford v. Denver & Rio Grande R. R. Co., in which the New York Court of Appeals, reversing the Appellate Division, recently held that a plaintiff who had secured a com mission to take the testimony Of an attend ing physician had waived the privilege, though she did not offer it in evidence and objected to its admission. WITNESSES. " Witnesses and their Exam inations," by B. A. & S.R, Calcutta Law Journal (V. v, p. 67n).