New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-28
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMoNu
THE COURTS.


last exception to the general RUE III .ne
representative character OF the attendance Inc
number OF members present was large ana 'he n'en
standing OF some OF the lawyers In ATTENDANCE S'e'
Their deliberations greater weight IMAM even TIE NUM-
bers would Indicate. Ex.Judge Dlon's address was
not only valuable as the annual address OF the pres'
dent Of the association always Is as review OF ,nf
years legislation, contained also comments anu
suggestions which should have an impor.ah. we's ne
OF the popular officials whom tne III
has had and his address was wen ipterestipS TSs
value OF the associations work Is already apparena
IN me rrdr Courts and in the movement for uni
form legislation among the states
1t was wise arrangement that made the meeting
Of the commissioners to uniformity In the leg
Islaton OF various states coincide In time Win the
meeting of the American Bar Association as 'ne "u-
vice OF eminent lawyers not members OF 'ne oo'
missions could thus be secured Inc pm Vi "P
pointing commissioners has been already adop'eu o'
eight states and many years will probably pass De
fore all the states feel the influence OF the movement
I, however the Legislatures and Governors OF other
states act in harmony with those OF New-forK' Ne"
Jersey and other States, the number OF Sta'es rep
resented will soon increase and gradually iaws W..
no adopted curing Of the present e'lis ol eep
orota S,ata governments. That which is a de-d Or
viii in one State will be- the same In announcer: ~
" not nav. acknowe gment in another the laws
OF divorce will become more nearly uIo, ~, &c a
many Dner 9e in various States viii be regulated
NV laws which shall have at least some resemblance
70 o en- Imnortance and will be attentvely watched
by members Of the bar in all the states
Excorporation Counsel Henry r. Beeknan, In
letter 70 "The Ncw-York Law Journal calls atten-
tIon TO change I'm the law relating to the TAXING oi
acknowledgements In other States ana Ierri'oi1c'
for use in this state The bill providing lot 'he
change was drawn by Ir. Beekman, ana provinces
remedy for one OF those minor imperiecuons III one
Iows which often cause much annoyance 10 prac-
utioners As the law formerly stood. there WIS II
method provided for proving instruments acknowledged
nv norsons living without the state. III, however,
resident Of this State happened to be temporarily III
another state and desired there 10 achho"eube
deed or other Instrument requiring acknowledgement
IN bo proved In this state. there was no apparent
p,c,hod nv which the proof could be made. \ slisht
Verbal change has suficed to cure the dnhculty ol
which complaint had been made. There are many
cnd easily bc corrected II the attention Of the LegiS
IatIre called to them. There ~ h3"eVe, ~ oo ~
endure the difficulties Of enacted laws rather than 10
draw up some simple amendment ana enneav9 9 10
LAWYERS can usually obtain the consideration by the
Legislature Of any bin designed to correct lax set rdsc
error In law. but few OF them take so much ""oc
as Mr.. Bcekman has taken.
Tho General Term Of the City Court of BroohSn
at lis last session. gave an unusually large hummer
o, Interesting decisions especially upon the hanhues
~ cities for injuries to person and property Dr. =
Fleet Spcr the wdlknown Rrookyn physician
whose house set fire by the careless discharse
~ fireworks in front Of the Academy OF MUSIC az
political meeting got damages from the 'ty OF brooR
Ivn and ,he General Term has affirmed the verdict on
the ground that the discharge Of fireworks at street
corner is a nuisance, md that the city became
mariner I'm maintaining nuisance by the ariion o
the Mavor in granting permit for the use Oh 'ie
street for tho pyrotechnc display. PLANK Sid""a'"
I'm the city Of Brooklyn. which had been IN use Ior
eight years became decayed, and foot Traveller,
yrh,Ie usinc tho walk broke through tho hoards ana
was injured The General Term has held that the
city was clearly liable for the payment Of damages
. s,rp Of land had been used r. street for thiriy
wears in the town ~ New os and the 'my oi bro9k
street An owner OF property fronting this thorougn
fare his through the sas one sesnoon
paced in front Of tho gate large waterpp" me
&c 5S pc 81 in H The street and before daylight
morning driver passing through IN" gate ran MS
wagon against tho pipe Tho General Term declares
Thai The civ l. re-, ponshe for the Injuries caused ny
the careless placing Of the wa'rppH III rom %. m
cato rorporari, n Counsel jerks was unsuccessful IN
al -, his ra.cS AS we'll in another appeal be
fore the Same tribunal In which no sought TO sustain
Tho validity ~ nm ordinance requiring deposit OF
so before onractor /, allowed cart earth across
the sidewalk from excavations
Tn. same General Term Of tho City Court had no
fore It several in which the facts were In
,erestlnc and the legal principles involved somewhat
novel I'm the trial Of case II became Important
70 prove a marriage. and tho court NJ special Term
admitted In evidence tho private record Of a DO
ceased minister of Charleston. :. e., ms some ano'
tional proof Of the marriage. The General Term hods
that tho extract from the clergyman's book was prop
erlv admitted not church record. hut on the same
nrlncplc that allows a reference To books Of account.
tho memorandum 81 q bank cashier or teller, or the
entry In an attorneys register. The mapping Of
canvas used by painters Kings County Elevated
road TO prevent paint from falling TO the street fright
cned a horse which ran away and injured the driver
The General Term held that the railroad was not liable
for damages contractor had undertaken the
work and tho careless OF the canvas was not such
a direct result Of the work would make the company
responsible. The injured man must seek redress rom
the contractor property owner IN Marcy ave-:
| stable from adjoining lot. The land had Deem
sold over thirty years ago with covenant asalmst
uvery stable owner was. however successful in main
hIs Because he showed that the lots had been
used by him for livery stable for over twenty years
bcofrc the attempt was made to remove him.
| Horse breeders will be interested in decision
a. the Supreme Court General Term, for the
Third Department. The owner Of stallion agreed
orally to take In payment for It's use colt TO be
selected four months after foang from among those
| foalcd by certain brood mares. The law will not
| ordinarily enforce verbal agreement which Is not
TO be performed within year. The colt under the
| contract would not be selected until about fifteen
months after the contract made and the Appellate
Court decided that 1t could not be- enforced and the
owner OF the stallion not allowed 10 select the
| colt similar contracts not unusual. and
sometimes made without being put In writing. The
| makers should understand that under the law they
| can only depend the honor Of those with whom
the contract is made unless II Is reduced to writing
Several recent New-York cases and some In other
states give hope TO travellers that the courts will aid
them In all proper to obtain compensation from
rallroad companies for injuries sustained from the
carclcSsncss Of employees OF corporations. The Union
| Ferry Company Is not often troubled with damage
SUITS but verdict obtained against 1t has recently
| been sustained at the General Term. The evidence