New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-04
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND ANON"
THE COURTS.


rho sentomber term Of the courts which begins TO-
orroy bring, only a partial revival OF actiNlty' Inc
General Sessions Court opens with three parts ana wiz
remain in ful operation until next su""e'' i
civ Court trial terms may be open par' VI ~.
month Otherwise the dunesS of vacation TINE WIN
continue The motion calendars WILL however p'oo
ably grow aud the Chambers judges VIZ CONF 1t
rrorc busilv occupied the days go on ,oiI 20 ,ha
Of over Ternner win meet on h IU, u later i
ronih but probably few cases VIII DC INV , un tll
in the fall special Trial and Equity dsrns VIII ~
remain closed LAWYERS viii Son Drs ,be prep
legn 'r Of ra 'r for ra and various details OF ONCE
Work Will occupy them until the trial courts OPEN
one OF the places where the absence OF many i'"
yers from he city has caused little change IS Tue
average law library, where there are sun "i''y o"'
readers Vacation affords the only opportunity 10
many busy practitioners for examining points OF law
which may arise in the expected trial Of cases III "'
they are ntere led. If detained in town thes spha
,rc Of their time at the libraries, and many DneIs
which the appellate judges later ~ tc which
Nom, . ' ~ the Summer hours have been passed ~
hrnans do not usually share In the ions rvsr n
otheTs connected with the courts and the legal pro
fession enjoy.
Judge O'Brien gave effective support TO the ocii9
o,cod IN carving ont the criminal law by MS
o.s,op last week I'm several habeas corpus GiSS'
II has become habit for criminal lawyers 10 haS''"
70 obtain writs whenever client with suiho''i' ~
TO afford the necessary expense Is pace" "
arrest and frequently the application Is on ihsu"'
crounds In some cases action Is taken so q'"chiS
that the prosecuting attorneys are uhprep"'u' "'
., % almost by default In other cases much labor
l., necessary TO meet an application which may We
yo,on some unexpected points OF Importance Inc
opplcations In the cases last week were
for procuring the release OF the defendants '"ueo
o,prien held that the magistrate need only nave
reasonable certainty 10 the commissions va , tin
; a. ,be accused person and susains the opinion
~ The Toicc Justice ns the sunicency Oh tle ts
me VII, n :" safeguards AGAINST injustice, but In
,h nre,rnt condition Of civilization ana WIN c INV
hones,S u dcclinrd II is now frequently used to
DELAY the execution Of just Judgments anu SJ
~ crDd Jnrics and of trial by jury in civil case may
Soon be found advocating the abolition VI that
corpus LIS purpose r. r..p,c,cd unless lawyers who
hove criminal cases continue To misuse 1t TO interfere
with fair judicial proce'diheH'
Judge Pattcrson's opinion. IN deciding nlo''o"
hoforc him AT chambers for new trhl Oh e''"'"'
nortly cumulative, Is valuable In hXihg AZ i'S "".
volue the rule that trial VIII not 10 grant"
on newly discovered evidence watch IS cumulative
lie quotes with approval, the General TERM op'"'o"
that the principle doe not rest on any Ju'' VI '",
foundation and he grants the motion for new tr'H'
nm certain conditions. The general rue Is sue" u'"'
II strictly followed II might cause lhJ'Suc'' -
person were injured In an accident ana "'r' """o "
find the name or address ~ more Than on" perso WI"
saw the accident, he might IT. d'ieat'i I" '"' '
damages bv the evidence OF the driver or oth'r 'l
ploye Of tho corporation against when sn' WIZ
h,oucht Rnt the publication 81 the fact that Snch =
trial had brcn had might come To the Hho"uH
ard unId bc ready 10 support the statements of me
Injured p.rson. Vet the court might deny M "i"'
for n new trial of the case because th' ~ a.,
,tv ei,nport,d ,videnc. already given. In the cas- ~
Witch Iud-r Patterson decision was gwen th!eo
nov witnesses were discovered on Inc Ni0' ~ w, w
driver whose truck caused the injury The principe
of allowing trials when much rev ~ =, =,
found n,.v produce different result rN'h IT. ~
H. trctlv cumulative will De benefit 10 persons VINO
hive suffered wrong from III" impoSSibiiy oi r,crn
ing witnesses Who aftrvar, make them"lve> hho"si
An important decision affecting savings banks and
their d.postors given at the last session oi the
Court Of Appeals. bnt n there va no accompanying
opinion the full scope oi the decision mas "o' Nv"
generally known among lnwy"r'. The order made at
the .pccla term 81 "a" supreme Court wa aiirm'd 10y
IA. court ~ Appeals on the opinion Of justice fur'-
man who made tho order. The Ulster County savings
Institution failed several months ago ana me p"hK was
placcd In the hands Of temporary rcc'lVer Inc
deposits In the bank nearly two ana nan Hi"'h
dollar. and although the dofalcations which caused
the failure large. the deficiency amounted to less
than - per cent Of the Liabilities and III" trustees
and MANY depo.itors made application behalf II the
hank t Iudge Fursmnn for leave to resnIn" business
IN hnsi- Of - per cent 81 IL, llabililc. Juds, fur'
man. I'm granting the Orcr. considered nj engtl u"
wisdom Of such a course and the power Of the court TO
Grant the desired order Bank superintendent Henry L.
Lamb I'm i-7o arranged. With the permission Of III"
,uprcmr Court FOR a resumption Of business by the IN
| .oIyent Oswego CITY savings Hnnk basis OF 40
per cent OF its liabilities and Ia" banh since That lime
has carried un q prosperous business Successive hahK
Supcrtnt.nd-nts have approved the course then pur
.ucd and Judge Fur,nnn believed that considerable
sum could be savcd both the creditors ana debtors
OF the bank by avoiding the shrinking OF values which
would result from sudden settlement Of IL hnachil
| a i.ft buS hoe
10 pass u law specifically allowing the scaling down
a. dcpotts and the resumption OF business 10y lhso
vent savings banks, although the power 10 MAKE slch
| AN nrrnngcineut already II believed Drnngtd 10
| fhe supreme Court. on this question OF IN" 'ohrt
Judge Flrsnan's opinion l. convincing nrsuHich..
lie shows that the d,-pD>itor> OF savings banks nave
mn fre,ter rights than other creditors OF IN" BANKS
| IN he paid In full. The Court Of Appeals oi inns
| state has held that all the creditors stand upon an
| equal footing IN" hlHh's. courts vi 49,, ,iis
Connecticut and Massachusetts, reasoning rom tnS
o"nIitv of righ and from the general purpose OF TIA"
| nrtutIfn of savings banks. have upheld the IlSht
| - trustees 10 scale down deposits and resume bu'i
| ur.s under the approval OF the courts Tie touit
| ~ Anpcnls having approved Inc ornrr OF jung"
rur.tnnn allowing the resumption o DnSlh'.s Dy ir
lister county savings Institution, IN" rul" adopted py
mo nelrhbOring states f. now In fore" mere" ana IN
,"lvcnt savings banks may b" thus frequently saved
| fran forced liQuldalOn