The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-24
SUPREME COuRT-GEEERAL TERM.
The Old Ramsey and Erie Railroad Suit
Again.


Again.
Before Judges Ingranam, Barnard and CardozO.
Joseph H. Ramsey Us. Jav could ct aL-In this
case, the particulars Of which during the vari-
stages OF the preliminary proceedings have been
80 frequently and fully gwen in the HERALD that It
is unnecessary TO repeat them, decision has just
been given. BY this decision the appeal from the
order of Judge Brady opening default Is dismissed
All the Judges gave opinions, Judges Ingranam and
Cardozo Affirming Judge Brady's order and Judge
Barnard dissenting. Upon such threadoare topic
1t would be waste OF time and space TO give In any
thing like u. eItenso the written opinions OF Inc
learned judges.
Special Term de ault, aud the result judy
men by default that the only course Tor plaintIlls
then to take was TO apply on afldavits for order
opening that default; that this application should
properly be made to the Judge at Chambers; That an
oroer opening default Is not appeaable the matter
being addressed TO the discretion OF the Judge
ing II, and that discretion not being renewable.
Judge Cardozo says that with some difficulty he
has to the conclusion that this order or Judge
Brady Is not appeaable, but he cannot allow 1t TO
he supposed that he concurs in the doctrine that all
exercises or discretion are not appeaable He nOlds
tnat they certainly not so II there was palpabe
abuse OF discretion. Tested by tnat standard he
not ee ia oey ha e
The default was not only wilful in the
bad sense, but the result of consultation among
plainuns counsel; not because they were in good
faith unprepared nut because they chose TO assume
that the Judge then presiding was preJudlced, and
declining to go to trial before him. He considered
Judge brady's action In the matter unwise, because
II greatly calculated 10 Impair the dignity OF
judicial tribunal, where one judge affords relief o
q sutton VINO mas dared to lmpngn another Judge OF
the same court The ri1hL and dignlned course was
TO refer such an application to the judge whose au
tnority thus condemned, and not by entertaining
a motion Tor relief which seems give countenance
to such practice to avoid trying cause before par
tcular Judge, as was resorted to here. To enter.
tain sucn motions Is TO SIT In judgment over the rec
ttude OF an associate, ana to establish q practice
uhtph mo 10 h0 ca1 nfnsf fhnS yvh ~
assert or approve such rule Prejudced and bitter
partlsans or disappointed or defeated ltigants or
practltOne s. whose small minds are incapable OF o
noble sentiment or OF higher feel ny than that OF
envy al the success OF those whose positions they
court, but have not intellect to attain or nil, may be
allowed to indulge III vuperatlon OF the motives
and conduct OF their superlors Proceeding from
such sources attack and abuse are impotent, and
only reveal the assailants, however they may at
tempt TO wash and conceal themselves in their true
light, making the assaed brighter by CONTRAST.
u, I, continues the Judge 1t will be sad indeed,
each other by granting favors to those VINO make
them, instead OF pro. pity and enectuaily re0uKng
them. Beng willing to give the respondent the
benefit OF the doubt whether the case should or
shosd not be cons dered within the principle men,
toned he concurred with Judge Ingraham IN dis
missing the appeal, but without costs
Judge Barnard says that the objection to Judge
is easy to made, and one against which the Judge
Is powerless. He KNOWS the purify OF his motives
and the 1aseh0Od Of the CHARGE but lie Is compelled
TO be SILENT his duty Is TO try all causes regularly
before him. II an objection to his fairness is made,
and II that is TO be ground OF postponement OF
trial. how often will unwilling parties proceed before
any court2 few dollars, very few dollars VIII
procure counsel to make the required charge If by
SO doing trial is prevented. No court can DO Its
duty both parties II it yields to false accusation
70 fairness. One party Will be deprived Of his
rights by those means through false delicacy IN
the judge II he yields to such charges and postpones
q