New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-05
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

| .
only by reputation TO many Of the younger members
Of the bar who are actively engaged in litigation In tho
courts. For thirty years he has seldom appeared lh
court except when the interests Of the great estates Ill
| the management Of which he was concerned we're az
courts. While his partner for twenty years, John
| f. Parsons, was we'll known in active practice the
| voice OF Mr. Man was aiey heard by the judges OF
recent years. He enjoyed TO a remarkable degree TIC
confidence Of his clients, and they trusted him Win
| great pecunary interests. lie was a man OF excel
lent judgment, and was safe adviser. His pracuce
was very remunerative. lie was the model Once 3h
lawyer whose position in the legal fraternity was tha
considered most desirable By those numerous memoecs
OF the bar who fret under the burdens and uncertainties
/ of Itigated causes Mr.. Man admitted to the
bar in 1892 before most Of the lawyers OF today % sS
His funeral Thursday was attended by many Oh e
older lawyers Of the city, and some Oh tLe leouo''
| among the younger members OF the proieSSioh'
| Tile extraordinary speed and unanmity with wmch
the bill to allow the payment to Judge Bradys wiuo"
Of the balance Of his salary passed by the Legs
atire show the kindly feeling which the genial judge
| Inspired in all who knew him. He was known as d
| generous and not at all thrifty man, VINO spent Ills
money quickly he received IL, ana rev OF his w
! quantances surprised when 1t was nhhouhocu
that he had left scarcely any property The earnest
ness with which General Sicles advocated the cause
OF his friends family does credit to his heart ana ic~
Will feel disposed TO criticize the impulse wlch ed "
the speedy action of the Legislature, though
is established which may cause trouble at sohie iu'
| time
| elO0uencc
Revision Commission was Ineffective TO secure HI
| Endorsement nv the Bar Association Of the amend
ments proposed by the Commission. The RESOLUTIONS
adopted by the Bar Association condemn several I'M
| portant features Of the Commissions report ~"
limitations as to appeals are not SATISFACTORY tc
prohibition against the exercise Of special ana 'rial
| term duties BY a General Term Justice is opposed
| the abolition OF pensions is condemned the section
forbiddng the acceptance OF free railroad passes Tor
Judges is declared be undlgnifed and the shortening
OF the OF Judges Of the Superior cry courts IN
tic abolition Of Of those courts Is considered u-
| fair some OF the provisions opposed by the Bar
Association have nothing TO do with the general pan
OF te WUrH c oi 'H0 the active opposition Of the
body representing the bar of this city the amendments
Of the Commission which would in any event nave met
with many obstacles TO enactment will probably fare
| badly in the Legislature.
The Easter vacation OF the courts. though not for
| mally announced here as In England, was observed
with practical unanimty Scarcely any of the judges
held court except in the criminal courts and at Chan-
hers. Good Friday is general holiday In the
| courts though American lawyers can scarcely ap'
nrccate fnlly the horror Of their English brethren az
,be suggestion OF the chairman Of the London sessions
that he was prepared to sit on Good Friday the ioi
lowing saturday, Easter Monday and the Tuesday ai'cr'
The and members OF the bar protesVeu
oco,st such action and the judicial officer explained
mat he would not sit Good Friday though ne hau
been subjected such m-appareniiy Decause
the work of the court was not making So4G a he Wa
ready to sit even those days Inc lnciuenI eatie
the SC FD9 a on GOOD Friday but
a proceeding under the present rules pl oo 80 .ho
yyotd probaby lead 10 an objection on inc pd.t VI Io
,rerl that the holding Of that day was
| Illegal.
pvor aT,c Albany Law Journal which usually
views Governor HIPS acts in friendly SPIRIT mas Dee
nnobe 10 find justification for his refusal 10 hohp '
ernor Bulfeley's acquisitions. several REQUESTS nav
boon made that the editor express his opinion on the
and he a
90 +bo undisputed facts which make 1t apparent that
Covarnor Bulkeley is dc iure. or else that
Connecticut has no Governor. lie ADDS; II "o'eiiio'
IIfu had chosen to recognize Governor BuiheieS
raou,sition no harm would have been DONE and prop
biv M onc-at least 10 reasonable person. even OF us
oun party-would have objected. But he mas ch o
TO erect himself into cahEssSims 3uitclcy as A
| uecticut and to denounce Governor BulhelcS %
.nSnrner, Whatever he Is he is not that lie mas ho
thrust himself into Office but Is SIMPLY HoGnsu 10
his former Office ordered by ule hnJjcs
cited by Governor Hill, which the editor says nave no
bearing on the he cOncludcs we NnIe me-
wV .ht che refusal of Governor Hill recognize Gov
| ernor Bulkeley's acquisition is unluS'lhaois anu S"
| archical.'"
ar,o Ranking Law Journals for March discusses the
decision nv the Supreme Court Of Nebraska recently TO
| the effect that bank cannot refuse payment Oh
bocl, ,rben presented at the bank at time when the
drawer had sufficient funds in the bank to meet H.
The question as to whether check drawn OH an eA
istlne fund in bank is an absolute transfer OF ap
propratlon to the holder Of the amount desghaeu III
tho check has been differently decided IN various
state, Tho rule in this State, we'll as In the United
States courts is that the check IS not an Appropriation
NJ the money necessary to meet it, In Illinois, Iowa.
Missouri and other States the rule is in direct conflict
with that OF the New York courts. The Nebraska de-
csion places that state the side OF illinois, Thc
9 f6S BANK Re'0 between the time OF tie delivery
| and of the presentation OF tle chest ~ =, the
decision as TO the effect of cheek Is: has IN tiIs
drawer right 10 stop the payment OF cheSk s Tb
practice is common in ls state but the he'll Illinois Ea
have held distinctly hat to Sdsr e s not in
the power Of the drawer to counernanG te S Ser o.
it Der PTo o the SeS T oa8ed BY
fraud they might even under the Illinois dccSlons IT,
fuse payment but the suC choC Tcm SSHs sSaTs be
proved to have good foundation The New,f9rk rue
Is certainly convenience TO business men, ana bankers
| have not thus far protested against II.
The publication Of a series @, reports has been
begun in this city by an enterprsihg publishing hrm
which ingenousIy discovered that gap exists which
. new eerles may fill. II had been supposed that
overv possble portion Of the field already oecu-
n,ad The me- reports viii include all tine decisions
OF the General Term Of the Supreme Court which
arc NOT reported in Hun. The lnsuficiency OF the
iorr r S VeH Yor law Journal criclses the present
law regarding the publication OF these reports as
helnr substantially decision ll tIab tn0
S1preme Court General Term, shall hand down an;
naely tur volumes Of decisions worth reporting ana
no more II there had been somewhat more elasuclty
in the work allotted 20 the official reporter the new
series OF cases not officially reported would pToDa9l
NOT have found its way into the overcrowded libraries
Of lawyers.
Railroad companies have been held TO strict &C
countabilty in many ways, but their dlhculues wiii
Ia Increased by a recent decision in Texas TO the
effect that railway train mnst stop when the engineer
sees dog on the track take the consequences In
suIt for damages II the dog is killed TINS
decision would have astOnlshed the old jursus
who held that dog could not even be the property
of an indi, ldua that a person could be convoteu
~ larceny I'm stealing IT, The trial Judge in the Texas