New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-14
FROM BENCH AND BAR
GATHERED FROM LAWYERS AND AMON3
THE COURTS.

The COlRIc.
The Court Of Appeals last week affirmed the co,:
vction OF a murderer and gave decisions in a larcs
number OF other cases. There is much said about
the action Of the appellate courts In making litigation
more expensive and uncertain by frequent reversas
OF the jud gments Of trial courts that II Is interesting
TO note that In seventeen OF the twenty-five in
which decisions given by the FIRST Division. Of
the Court week, the judgments or orders appealed
from were affirmed. The Second Division, besides
deciding motions, gave decisions IN hieen cases,
in twelve OF which the lower Judgments were practt
colIv affirmed The chance OF the reversal Of
Judgment in the lower courts Is usually considered In
New York as about one In fOur on an average IL
the last set OF opinions fair sample he estimate
f. too favorable II the appellants ana one reversal
ont of five appeals would he nearer the correct pro
portion. Yet ltgans continue TO demand 'iia' oe'.
cases be taken TO he highest courts before they VIII
be satisfied that they are not right III ,ne,r Ion, ."
,e1on Another aSsI. DECISIONS IS that not
single elevated railroad case was passed up 'i'
VIII cases continue TO occupy the attention tho
oble and high priced lawyers Of the city, Inc f@,oh
will case was over estate large enough 10 pay
Tor the services OF stveral eminent attorneys ana te
Stewart estate litigation, If it goes a far a. a
trial will take the time Of some other equally well
,rnovp advocates Every previous attack on the
Stewart executors which has passed the preliminary
stages in the courts has been compromised INC
recent
millions seems TO have persistent lawyers 10 carry
:, on and ,be nrocress OF the case will be watched
with exceeding interest. The proceedings pesuh ny
the Buffers bef)re the Surrogate went a. lar do any
branch of the litigation ever had ara tne Se.uenion'
was acqulesced in by so many persons tau " ,on.
siHn,ts n, Erin who find twenty years after his
death that they near relatives OF the sucoe'sui
merchant.
Ex-senator Evarts has just passed his seventy
fourth birthday anniversary. and some d MS irienos
gave pleasant reminders Of their friendship at 'i''
lime Mr. Evari~ does not 50 frequently appear IN
,bc courts a, he did few year, ago. but rs MI
ChOate once remarked. lie holds Dy hie'en"o
the leadership Of the bar ii.s
T.; the legal profession have been more fully ackho"f
edred IN his lifetime than those OF most eminent ii"
vcrs lie attained his prominence at the par 80 eiH
IN life that full generation has grown up III u'' p"
of Mr. Evartss supremacy in advoca"y Ills D1lhaht
mariner cscph II. ChOate, is now prooaDN "' '"o
head OF the active practitioners but Mt EVatss pao'
i not entirely filed even BY Mr. Choate. The elncr
LAWYER still retains his position as fst IN te e'i'
and honor OF his fellow-members Oh tne ufr' i'
election ne United Senator seven years ago WIS
y remarkable proof Of the hold which he has on lawyers
and other citizens Of his city. He had niue sup
mort among the political leaders OF the day, out ms
eoIect.,n was forced BY the public sentiment OF lS
fitness and many Of his most earnest advocates No.
those associated with him In his own preso d,Sn"te
all PROFESSIONS n'S which Mr Evarts holds among law
yers.
rs,os 40 NOT often drop into poetry" I'm their writ
ton onin ,ns but Judge shepard. Of Chicago. In &c
Gliding recently complicated church dispute cod ho'
refrain fron a quotation prcacher ha"eu h",so'.
belonging 70 denomination known as The tVahgehcai
Association OF North America, sought 70 prevent
schvec,er another evangelical preacher, from
officiating as pastor OF church IN .m
coco The suit was elimination OF ue
DISPUTE between Bishops E'her ana bowman
on the one side and Bishop Dubs on the othei' WIN"
has been going on for several years. several case'
lave arisen I'm court OF the quarels OF the bishops
In the Chicago case Judge shepard has decaen ,nat
| the conference presided By Bishop fsher laS'
Snril WAS the legal body to appoint preachers Tor
Illinois, and he gave the control OF the disputed chtch
10 IIusser. who was appointed by the Esner co'ne'
encc In hs opinion Judge shepard SAYS were
persuaded that the decree 10 be entered Mt TINS une
would finally end This unfortunate controversy IL Nomd
he OF profit 10 examine into and discuss the history
! Of the Evangelical Association during its hundred
| wears of existence. its system Of ORGANIZATION ara
! discipline and each one of the numerous pha>S VI
the controversy set forth I'm the peaiings' bu', "
quote the poet: Christians have burnt each other'
quite persuaded That all the Apostles would Rave done
~ they did and there is no likelihood that these
bearers will lay aside the sword OF the law I'M
III the courts of last resort shall have declded tne
contest. and is tw therefore snice IL IN ,hs g1.
! most engagement i cOnine myself 10 IA single con-
trolling ISSUE
The address Of Melville W. Bgeow. Of Boston, AZ
the recent meeting of the NewYork Bar Asso
,iotlon has been printed in full in The Albany
law Journal II is weghty criticism OK
many evils and has added strength as coming no"
a member OF the profession largely responsip" os
the wrongs which he aSSailS lie speaks OF ue SuoV'
fnces by which the provisions Of the CONSTITUTION
against private legislation are defeated lie quoo'
several instances but not the familiar one In WHICH
certain provisions " law made applicable 10 AZ
cities in the State having over one million lhhdo"''
or TO AL cities having over i've hundred t"o",'u
and less than one million Inhabitants mus maAhe
laws for single city under the gnSe Of iegisauhs io
! a class OF cities. Respect for the law, MI biee""
,Iras +; Iassened by the acts Of lawyers who beseee
,o,sons VINO have been injured by accidents with re-
ross for the privilege of beginning suits: by those
members OF the bar who seek by Juggling with the "a"
IN delay the execution of the death penalty BY INC
lovers of spun law, and by those VINO neglect pFc
coutors against the admission 10 the bar Of improper
applicants Mr.. Bigelow is entitled - no httle eie1'
Gar his fearless attack on the rule of precedent ana Tor
hi, garnet endeavcr 10 lead LAWYER, TO mgI i - d
nothing which shall disgrace it,
.The Banking Law Journal7 for February has IN
interesting article on THE Duty OF DepoSitor IN ITO
Examination of Ills Bank Account The question mas
freouently arisen in cases OF forgery, as TO the 10
spectve duties OF banks and depo'tors IN guhruihs
against loss The courts have usually held the banks
re,ponsibe for loss by the forgery OF signatures ana
ind )r,emetS Of checks. The writer in The Banking
Law journal" says that the rule n 10 the duty Of do
, postors has been 10 extent modified by recemt
decisions. There was formerly requirement that INC
depoStOr should examine lis return checKS' IL
Neu.Yo,k case Judge Johnson said Of the depo'tor'
He was under no contract with the bank 70 examine
with diligence his returned checks AID handbook Later
decision, have been the effect that depostor SDoud
use ordinary care nn diligence in examining his Voucn
ers In New York state at least the depositor hoe
presumed 10 know the signature of the person TO whom
the check Is payable. 50 that there Is some dinere'e