The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-30
OUR IsRRONEOUs JUDGES.
How Many Decisions OF the Supreme Court
aud Other Courts are Finally Set Aside.

How Many Decisions OF the supreme Court
aud Other Courts are Finally Set Aside.
Frcn ne Ksw Fora Tm~l
The Court OF Appeals, the highest judicial
tribunal Of the State Of New York. determines
s4S ~ e 1 SDps r9 s a
Court Of the City OF New York, the Superior
Court Of Buffalo, the New York Court OF Com
These. in turn, form an intermediate body OF
appellate courts. to which appeals are made
law is properly administered By these inferior
tribunals is determined, in case OF appeal In
the first instance, by the lntermedlate appellate
Most OF The cases decided by the last:
nonosd, tribunal are appeals from the
The decisions Of. the. Court Of Appeals are
regularly reported and tardily published. In
reped Eases sss S Sstwe SS5t 0 nSrG
snd Jan TO- lS1S The Judgment OF the lower
cSses. The number II reversed i was eT about 25S
per cent. Of the number decided. Lest II may
be thought that these results are not fairly rep
cided cases, and extending through a longer ger
period so as to enlarge the field OF observation,
The latest four volumes OF the Court Of Appeals
Reports cover the period extending from Dec.
rs this mo Ss or VERB %SO dscae
decision Of the appellate court below was af-
1rmed IN 3aS cases. reversed in 12l. and modi-
ruled. wholly or partly. In 1871 cases ont OF 345.
or in about 27S per cont. Of the whole number
II this startling amount OF error has been
found In tho law as expounded by tho interme-
di4te appellate courts the question naturally
the courts Of first resort In their supposed nd:
ministration of justico2 The four volumes OF
reports under consideration afford the data for
Determining this question In the case OF only
S49 OF the 476 judgments there reported. OF
these $40 cases the decision OF the lowest court
was affirmed by the Court OF Appeals in 2O9
cases, reversed in 1928 and modified In IL. maxi
ing l4O cases. Or 40 per cent q the whole num-
roneously administered by the tribunal Of first
resort This astounding percentage OF error is
courts OF first resort by tho results Of
those cases WHICH are appealed to the General
consisting OF three justices. sits as an appellate
tribunal In each Of the four judicial depart
ments into which tho State is divided for this
purpose. II hears appeals from various in
ierior tribunals and judicial officers. but chiefly
from the special terms and circuits. which arc
Its decisions are officially reported and pub
Ii shed. or the 326cases decided in the four de-
pmes Of reports I S and % New York I Supreme
Court. tho decision OF the Court below was
affirmed in ~, and reversed in l49 cases; In
wrong in more than 46 per cent. OF all the cases
which were reviewed by the General Term ofthe
supreme Court The proportion Of erroneous
In the First Department New York city 80 ofthe
So cases passed upon, were, affirmed and 80 re,
and "a reversed; in the Third So Of the 81 were
affirmed and 4S reversed; IL the Fourth % Of
the lQ2 were aHrIned ana ~ reversed. Inus,
OF all tho cases heard more than Al per cont.
were oyerruled IN the First Department, more
than Al per cent. IN the second, more than %
per cent in the Third and more than 46 per
cent in the Fourth. These results. Dased on
326 cases decided by the General Term OF the
Supreme Court and reported IN the latest Two
| volumes OF official reports may pc taken as
ialr average oil the character OF lhe luuiclai
| WORK done Dy inc lower courts anu teylewe9
/ he the HuDrpmp Court. They show that 40
| per cent. OF that work is vitlated With error,
| These figures. however, do not represent all
| the decisions appealed from the courts OF nrSt
resort, since some OF these appeals are brought
| before other tribunals than the General Term