New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-31
NETWORK TRIBUNE.
LIGHT ON THE LAW.
Hints 10 Serve for n New Edition OF LOCK
woods Reversed Gases

woods Reversed Cases.
L 10 ns Editors Of The Tribune!
There will no doubt be an increasing demsno
for this work, which will justify ne" edition soon
IA il 10 supposed that the reversed or overruisa
eases are likely TO be consulted as containing the
he's, expositop of the law. IL is true tina; every
s.o.ion i. the law Of the case in which il Ia made,
| bu, what | refer TO il the law as understood by
able Commentators and sound Jurists. 1t may
be tboue BIT that such an idea oflaw is mere fc-
ton but, admitting it 10 be so, it is well to have
=, theory a. a sort of standard for our judgment,
although i. may have little to do with law practice,
and We have the authority Of Cicero for this, who.
| in his great work on moral obligations, sets up
STANDARD Of Honesty. which he admits is practical
y very little regarded, but nevertheless has, as he
ip,,.,s a sort of merit in tself-"EtiGm 81 a nuHo
La,detur natHrd esse laadabIe.' And he was Of
opinion that if it had bodily form, which could
be actually seen by the eye, it would excite great
] admiration.
g. n Law, there are certain principles upon
which lawyers have been generally agreed, and
which, until a recent period, have been considered
30 far permanently fixed that elementary writers
have adopted and inculcated them in like manner
a b done by authors in other scieoces
Its not however, TO be supposed that in the
present period of reform and rejection of old
usees, that any such principles are absolutely
true. Perhaps they may furnish some aid toward
coujeotural estimate by lawyer as to what the
.hw il in particular case but the safest mode
viii be found to DO to reaion reversely-that is TO
say, that having ascertained what the principle is
A. laid down In the books, to assume hypothetcaly
that in q case to which it may apply the decision
will be the other way. Isuggest this rule with some
difidence, as the Courts do not adhere invariably
to one rule and even the one above mentioned may
be subject to exceptions. Thus in Howard's Prac
tce Reports some decisions may be found in Goa
4 oru.ity with the law ss laid down in the eIemen.
tary treatises and the general unde standing Of
! lawyers Provided the rule be Uniform. it comes
! TO the same thing whether the Reports show what
the law is or what it is not, as the proving Of
\ negative il the disproving OF the affirmative
The observations which propose to make are
without copy right as however valuable they may
be In my own estimation, it Is not likely that anks
Gould 4 Co will be willing to pay for them accord
ing to my standard Of their vaue-which remark
desire it may be understood do not make from
any penonal experience Of my own-but solely
upon certain querulous limitations of others whose
. works have been published by said Banks, Gould
Il Colt ia true the publishers aver that they
have paid for the works purchased by them all
tia. they we're intrnsicslly worth-but this submit
s poor consolation TO the authors nay is even an
agsravation, especially If it be true inasmuch as
ACCORDING 70 the law Of libel the truth is often more
damage TO man than an uniounded aspersion.
Therefore prefer to make no barter Of my ideas
lit is better to give them away than to sell too
1 cheap. The cases shall cite asd my observation
thereon are at the service OF the learned author Of
the work above referred to, who will, trust lose
10 time in giving Us new edition, as the materials
are becoming quite ample
In the case Of Golden v. Knick erbocker, C0peH
u, the Court OF Errors refused to entertain ap
peal where The error alleged had not been passed
| upon by the Court below. The Chancellor ldeliv.
sing the opinion Of the Court said that the jdris
ac,lon which they bad was to rsSIamtHe and re-
nSge, TO correct erroneous decisions actually
nad,--to affirm, reverse, or alter determinati
made BY Judges who may give, and are bound 10
give, reasons for their determinations
4 Tbs case was virtually overrued by the Cour.
4 d Appeals in the case Of Marshal VS.. Vlktoe,
where, for clerical error IN the record which bad
BOT been made the subject ofobection in the Court
below the Judgment was reversed and q new trial
@dered, althoag h the bill Of options brought up
All The merits OF the case and fall argument had
4 been heard. This is not reported bat IL new.
ateeleu 10 an authority by which that Court must
oeteaner consider itsef bound, and deserves this
nonee a being an sbrogston OF decision Of long
standing
1 ASotber overruled case, is one relating to For
sen Corporations, viz; McQueea vs. Aldiletopa
hsAsfaet1TiHg Company. l6 JoAAsons Reports in
sh'ea was held tina, Foreign Corporation
Sea not DC sued in this State Chief Justice
ope.Sei SAID The process against n CORPORATION
mss DC served on s head or principal of; ar ,cita
On ne tu'tsd'ef'oA Of tie sosereigsty 49, 81;
asftneiaI body eSist,,' 10 other ysord 80 s,,
OF CoFPost' are Dot its represenl,,s. r.
the State where the charter was rrsn,aS ou' VI
lt has recently been decided al C.
a the Supreme Court, IN the case Of ~ As,tn
kops fAssyGHee Company that a Forsis.' c vs. "
kss may be sued by the aervice Of .s. oo'Pora'
one Of is officers If he shall happen 70 coma . 90
lie State. la the decision at Special raro - -'eu
Reward Practice Reportsl which deci,iPo ' t
seen sfIirmed ct the General Term. Ja,tica 80
nps that il 10 not exactly asni,only be i. Of az"
IN that the plaintiff may proceed to judgment 80
ssscutlon. anless the defspdan. will voastariIy ,n
Try.
& his reminds me OF an incident related Ia Camo
sss hives Of the chsncello-s An Engish Jadxe re-
a snenced that cause which was sboa, b-ing
~ on Tor TRIAL stoald be Submitted 10 arhitfaboo