The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-06-19
COURT OF APPEALS.
Business Before the COurt-The Preferred
Cases Crowding Over the GeneyaI CaIen.
daF.

Business Before the Court-The Preferred
Cases Crowding Over the General CaIen.
ALBANY, June 1e, 1860.
One of the strongest arguments IN favor OF
the adoption OF the new constitution IS the
absolute necessity OF some means 10 re-
lieve the Court of Appeals calendar. in tho
old times, when legislative enactmens had
not preferred so many classes of cases or SO many
cases did not arise under each class there was some
chance Of case being reached during the reasona-
BILE limit Of lifetime; but as 1t now stands, with the
vast interests OF the State giving rise TO number OF
preferred cases that take up one-hall or tho
term OF the court at each session, 1t ID i'm
possible to reach the general calendar, and
that interesting document has grown until IL
presents total OF 1000 cases awaiting
the attention OF the Court AS the preferred calen%
dar of this presents thirty that have come
before the court since the March session. and the
judges generally retire from active duty after they
have about siXty-fve cases TO decide, 1t Will be
at once that the appointment Of commissioners
who shall sit constantly until the calendar Is res
duced TO reasonable limits is positive necessity
1t is probably possible for the court to keep the
cases down II they are once started on clear track
and their salaries so raised that hey are willing e
DO all the work they are capable OF dong. WIN
salaries so small that justices or the peace would
not be literally paid by them, and calendar gisan'
terests vast that TO hear them argued Is the
reasonable brain work OF month, they would NOT
be judges of the nineteenth century II they accom.
plished anything more than a decent activity de-.
mands. The increase OF the general calendar over
the work Of reduction that the courts are able 10
accomplish Is about 100 cases per year.
The only cases argued to-day were those oil WI.
liam Beard vs.. stephen jackson and others, Whicn
involves the title to the thrty-three lots OF land
situated Ill the seventh ward OF the city OF Brookyns
distinguished on the map entitled map OF the Hay
scale farm, in the ONCE OF the Kings County Regis
numbers 253 2oi 255 26S, 81, $780, 344, 359,
s72, 1885, 52e, 644 545 546, 547 $40, 64s o57, $50,
u.s. sos sos, si4 Also six lots in the seventh
ward OF Brooklyn, distinguished IN a map OF John
County Register Office numbered eleven to sixteen,
ae bp9pey svea Por' Samuel
deceased, TO ms brother, JONI jackson, the lee to
go to the children OF the sad John. 1t seems that
before the death OF their lathar the children rec
leased their interest in tue reverson OF the estate To
one Coe Jackson one of the sons Of the said John.
Coe Jackson afterwards mortgaged the premises
and this action is brought to orecose the mortgage
and Is defended the ground that, as the children
Jackson executed the release before the death OF
their father the release Was void as 1t related TO an
interest tha was not yet In existence ms cases
of Ii. +. Moore VS.. W. A. Litte. involving the same
property, which was argued With IT. involve an es,
tate OF the value OF 500 900. The appellants
uphill work, since two OF the judges now
sitting nave delivered opinions that, although not
directly antagonisc 70 TINS appeal, are so 1ar as
they go, opposed TO the points OF the appeal ana az
these judges Grover ana Woodruff, probably thq
two ablest and most influential men Oh the benchs
the decision OF the court Is PROBABLY f0regone cons
clusion In the argument OF TINS case Tor the appel
lants. which was made by Judge C0mst0ck, nereto-
fore OF the most learned and powerful men VINO
ever sat on the nch OF the Appeals he took occat
sion to say as he referred to case In seventeenth
New York Reports IN which himself mad pronounced
the opinion OF the court, that he should never
think 1t necessary TO apologize for readlng
from any opinion delivered by this court, the
poorest Of them being some evidence OF law. Mr..
Comstock had also to oppose the opinions already rec
ierred 10, which he did with much JUNCTION and
skill, more by parry than bv direct charSe ana
as he lald down the opinion OF Judge woodruff AFTER
having critically discussed II, and took up that OF
Judge Grover he took occasion to say that he asked
pardon OF the Court for thus taking them up separ.
atey, and not in their capacity as Joint body. II
anything be told by TINS action, and questions
asked by the court, the case VIII be affirmed. y
The judges have not yet become suriclently accli'
mated to their work TO hold evening sessions.