New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-04
FROM BENCH AND GAR.
GATHERED FROM LAWYERS AND AMONG
NETWORK COURTS.

long announced beforehand that they were scarei.
subjects of discussion. The old 0nciais were gen
orally retained in the Sherfs and County 0ieikS
Offices The most important of the announcement,
made last week was that of District Attorney Ncon
in naming the members OF his staff. lie retained IN
Vernon NJ Davis one of the most valuable prosecutors
Of Mr. Fellows's staff The assistants VINO take
Office for the first time have, as rule, borDe goou
regulations at the bar Harry Macedonia, VINO receives
promotion to the position Of chief deputy assistant. Is
one of the most popular members OF the stah Noss
of the deputy assistants who have not been pre-
viously connected with the Office unknown to the
public Mr. Nicoll has given recognition to some OF
his old friends I'm the appointments, and he has
working force which will undoubtedly be more homo
ceneous and loyal than that of Mr.. Fellows. The
number of ordinary criminal cases TO be disposed OK
is large and there yet remains the bribery cases
against the go-betweens through whom Jacob sharps
money was distributed according to the Oft told story
of the nformers The congratulations rendered to the
new officials were numerous and hearty, and Mr..
Ncon enters upon his term Of office with favorable
surroundings
The promotion Of Judge McAdam made necessary
the selection Of Chief Justice OF the CITY
Court and Judge Enrich, who has had longer term
of most of the judges, chosen By his
colleagues to the presiding judgeship. lie Will moi
entirely fill the position which Judge McAdam, by
his remarkable energy and his mastery Of som'
branches Of the law occupied in the councils ~ tM
court. The City Court Bench will not recover
from the loss caused by the removal within few
years of Judges Hail. McAdam, Nehrbas and lIawes
Judge O'Corman in pleasant letter 10 the clerks
and officers of the superior Court Acknowledged ther
courtesy upon his retiring from the Bench County
Clerk Geigerich gave dinner to his former associates
OH the City Court Bench. Many of the official.
found handsome bouquets their desk on New
Years Day. and altogether the season Of cOngratnla
lions was duly celebrated in the courts and the offices
connected with them.
Brevity IS not usually the soul Of judicial opinions
but the judges at Chambers and Special Term acquire
by necessity tersc method OF exprcssian. They have
10 pass upOn scores each day and usually have
time only for the making Of brief memorandum,
order Signed "applcaOn granted motion do
nied,7 similar phrase usually conveys 70 Tie
counsel all the necessary information Questions which
in an appellate court micht lead TO the writing Of
long opinion are dismissed in sentence \ dozen
words with unnecessary particles to mar their force
often reach the heart OF the controversy. The Low
Journals" reports of few days ago contain 'ecl-
,ons in such terms these-sOmc rcprovinG counsel,
Others suggesting methods Of procedure or telling in
a sentence the reason for important action. Judge
Barrett writes: apply at Chambers. The fact tla.
sent the papers back for further proof is reason
why they should be submitted 10 me when not holding
the branch Of the such applications In
order Judge Beach !" The defendant must know
whether not he gave the authorization pleaded In
the complaint lie surely has more information upon
that subject than plaintiff who Is ransferee motion
denied with 80 costs Judge Bi,chOf " will pro-
ceed TO consider the findings herein. when plaintiffs
attorney submits proof Of the service Of the
herein, required by Rule l. OF the General Rules u
Practice In the same case a few days later Judge
Bi>chOf says patiently IL repeat that will proceed 1
to consider the findings herein when the plaintiffs a.
tcrney,' and before. Judge
Truax: "No reason Is shown why the
tpf and iudO Sfoufd no thsW
preponderance Of evidence is in favor Of plaintiff
defendants allowed default because they had de-
fence. Motion denied with SO c0sts..' Judge Beach
mildly "Under the circumstances, the plaintiff must
submit TO the inconvenience Of personal attendance
Motion denied. with 80 costs to abide event"
n
Auctioneers and real estate dealers are interested
the decision Just given by the Court Of Appeals W
ond Division. which makes void form Of memoranda u
which /, in common at auction sales The statut
of Frauds makes contract for the sale Of lands vO
unless the contract note memorandum Of
be in W. and be subscribed BY the party BY who v
the s,Ic- i made or by his agent Richard Y. 7
IIarnctt a CO.. we'll known real estate
tonecr-. sold at auction in April 1es6. a piece Of
property in East onehundred and fourh-st and made
a memorandum Of the transaction In TIER sales book
The memorandum contained record Of the bids and
the Of the buyer and signed the close Of
the sale by The auctiOneer. The name Of the seller
Of the property not however. given either in the
printed OF the sale the auctioneers
The successful bidder at the auction sale
did not complete the purchase and the property
sold sixteen hundred dollars less than
the bid obtained at the first sale. The Of the
property sued the bidder for the sixteen hundred
dollars and the auction fees. but the Appellate Court
Just decided that the sale was void because the
name of the seller not disclosed. The name OF
the owner Il often concealed at auction sales and
the decision Of the Court of Appeals will affect many
important real estate transactions
The printing OF court reports is usually considered
safer than any other kind Of publication from the
hanger OF libel suits The English courts have how
,Vcr. mad long discussions and disagrecmcnts As
TO whether the judgment opinion Of judge in de-
riding is necessarily privileged that il can
je freely distributed when no malice /, shown without
ear Of libel suits, the conduct Of one Of the part
les 10 suit IS severely criticised in the opinion man
FAMED knight. who had been party TO a chahcery
suit. was successful and after the trial was over lo
circulated copies of the judges opinion among his
customers t. vindicate his character Justice North
Who presided at the trial. reviewed the evidence in tho
case In his opinion. and one MacdOugal who mad been
knights opponent in the chancery suit Thought tina,
he judges summary OF the evidence was misleading
and injurious % him. lie brought libel snit again,t
Knight, but jury decided against him. and on three,
successive appeals the judges held that Il was nor
Necessary to prove that the judgment rendered by the
Judge contained fair statement the evidence soma
VI u Ia" Judges IN the House of Lords, howeyer eN
csSeu uCubt As 10 whcthcc the decision In the libel
ult would have been the same If all the necessary
'Acepuohs had been taken the trial. Macdougd
Dc-al new libel suit founded on the publication Of
t tr'' parts OF the judges carer. but he has thus
lar oeeil unsuccessful IN finding any court which
"uum decide that the publication of iudZ.
ne"'' or fair summary Of ii. is not privileged.
-, 'nlet Jnsucc COerldge. Of the Queens Bench Di-
N!Soh OF the English High Court of Justice i master
vi sarcasm. and lie showed his powers recently
puOnshed decision under the English pauper laws. i
\ poor woman. whose husband had deserted her. was
10 ne sent 10 the district 10 which she belonged for
support. The question arose 10 the Union" 10
when She should be sent. Her husband was born IN
Vest Ham Union. and had never acquired a settled
abode. The husbands father born in the Ed
monitor Union. and never acquired any settlement
" lille his was minor. The Judges OF the Queens
eueh .aIla ~ IN dpcidn IN Uhpsba fha