Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-21
THE COURT OF APPEALSO OF
WEST VIRGINIA. ~

n - y !
How 1t Heape Up Valumes Of
q Law Literasave--DOme Frank
criticisms Of 5 Correspondent
Onthis Subject. a'ss--as-'aa
Correspondence Of the Register.
The Court of Appeals of West Nir-
-ginia has been subjected, from time to
time ever since the organization OF the
State, to a good deal ofcensure, and
what is more annoying, TO a good deal
\ of ridicule. But none of its critics has
pointed out precisely what the grounds
may have been for either the one or the
other, and their structures have there
fore failed of attaining any useful end,
ii. indeed, the authors Of them had any
such end in view.
propose to invite attention-espe-
cially the attention of the Judges them
selves-to some OF the opinions OF the
Court and to. point out some special
causes OF exception to them, and will
do so in the most direct and candid
manner of which | may be capable;
without any resort to circumlocution, or
innuendo, or eupbemism Of any descrip-
ton. Ii desired to compliment the
Judges, there is abundant material in
the Reports OF their decisions for the
basis OF much laudatory exercitation of
the pen; but as my purpose Is to exhibit
defects and blemishes l shall not at
tempt to conceal their ugliness. shall
rather endeavor to make them look at
least as ugly as they are.
The opinions of our Judges are, gem
orally, verbose, in degree that is intol-
cradle; and in the last volume OF the
Reports (the llth) this verbosity is fire.
quently aggravated by the injection into
the opinions, of the pleadings in the
Court below, in all their tiresome itera-
ton and redundancy.
For example see Hayzlett VS.. McMil-
Ian; Lyman VS.. Thompson; Calwell VS..
Pemdle's Administrator; Harrison VS..
Loneberger ct al, and many others might
be cited.
And in some instances large portions
of the pleadings are actually incorporat.
ed into the syllabus! In the case OF
Hale VS.. The West Virginia Oil and Oil
Land Company, single Section of the
Syllabus labors and groans with the
weight of long plea, with the affidavit
attached to it, and even the j,Tdt
In the case of Holidays executors vs..
Myers, the first section of the syllabus
contains not only the entire declaration
excepting only a few formal Words,
but the entry and withdrawal OF pleas,
the judgment of the court below-even
the plaintiffs recovery of COSTA bill
of exceptions and long section OF the
Statute OF jeofails.
In the case of Smith ct al. w. Hen
ming (vol. Ky a single section OF the syl-
labus, besides very extended state
ment of facts, is made to carry will of
unusual length, with the entire order OF
the court admitting it to probate; the
certificate of the clerk that it is true
copy; long order OF the court OF an
other county admitting the copy to pro-
bate, and the "Memo." that bill of ex-
ceptions had been taken, altogether
covering nearly four pages, which, if
printed in type of ordinary size, would
expand into probably seven pages. This
one subdivision OF a syllabus is just
about twice Us long as the average
length of the opinions-the entire opin-
ions the Supreme Court of the United
States in the first forty-fve cases report
ed in third Wallace.
There are forty-fve cases in the 18th
volume of the West Virginia reports.
They cover S25 pages, although no ar
gument OF counsel is inserted except in
very few cases
Forty-fve cases in third Wallace cover
AL pages, and the arguments of counsel
are constantly given. The opinions
cover only l6l pages, being an average
length of little over three and half
pages. The opinions OF the court in the
forty-fve cases in the 18th West Nir-
ginia cover 476 pages, an average OF a
little more than ten and one-half pages
to each opinion.
Let facts be submitted To a candid world"
Twill notice some other features in
my next, and will try to be always
BRIEF.