New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-15
FROM BENCH AND BAR
GATHERED FROM LAWYERS AND AMONG
TIE COI'RTS

the close OF tho spring session few days ago 10 50
small number that it is probable that the Secoh"
Division will not continue 10 sit after this summer
There only sixty-clgt appeals still to be heard
the second Division calendar and only one hundred
d-scveny three both the calendars OF the
court. The new calendar will of show num-
Der OF additional which have been app'aieu
recently but the main )ur may be- able TO dispose
81 them rapidly enough to satisfy sultoIs thes''
however. relief given the work viii fall behind
rapidly that in year the condition OF Affairs
viii not be much better than ii in l'o0 wlch tlc
second Division organized. The second DIVISION
Judges needed in their several departments OF tHe
supreme Court but they other Judges may socn Dc
called again to serve in the Court or Appears IL IL
appears that the calondars will be large ana inc
elected judges OF the court think that the cases can
not be rapidly disposed Of they should be without
assistance The present method Of relieving the over
crowded calendars in the highest court of the state Is
| unsatisfactory to lawyers. In several cases the De
cson, Of the branches Of the court have been t
variance Counsel have speculatcd to whether their
cases would be heard before the Court Of Appeals Or
the second Division and hoped Tor more avo Xr
result I'm than In the other court. title New lofk
Law Journal" recently pointed the case I'm which
the opinion Of the second Division Wa apparently
In prcyiois Years and which We're not even referred
TO BY the second Division udSrs The second Division
has been considered more favorable toward 'orpniuo'a
than the elected body Of judges Of the Court Of AppeaS
and IN some other respects there have been dcLcnces
Of opinion which have been urfavorable to the highest
respect for the administration Of law In the appellate
court The new Constitutional Convention may devise
plan by which the appellate business of the courts
dent to the formation of second Division OF the court
at irregular intervals.
Many lawyers OF distinction have arisen from humble
beginnings but few members OF the Bar have had as
great variety Of experiences Peter Mitchell, the
wcknown criminal lawyer who died la, week. lie was
lartcnder for several year, and also the petoT
4 Il liquor store leo lie b came lawyer lie Ocisi n
ally showed hi, lack Of early culture Ills Fortunately
perhaps the chief characteristic III conducting
law case. lie would frequently return again and
AGAIN 10 point on which he had been Ovcrriied
and II h" were defeated on tIlal MS WORK ilh oY
Just begun He had great skill in finding grounds on
which g appeal and wa often successful IN reversing
convictions. OF his clients.
some % his associates at times alluded unpea,anty
to his early companions, ni most Oh ths refa Eur icon
able attain fair place IN the rank, OF the profession
although he was not admitted to the bar until compaI'
atiycy late In III, nfe
The death of Lord Eramwcll Will not be felt in
the English courts. he retired from the bench several
years ago but his career a judge so long and
honorable that he held high place in the esteem OF
lawyers. Monacu Williams. In his recent book.
speak, Of him OF the brightest. grandest and
lucid judges that sat upon the English bench
SERGEANT Balantnc says that Baron Bramwcll managed
to snbduc "A naturally irritable temper and was val
liable assistant TO counsel who laboring to make
clear some intricate law points For twenty
wears be was Baron Of tn, ENchcqucr and
for several years a member Of the Prlvy Council H.
was considered In many branches Of law the highest
authority IN England.
Tho second Division OF the Court Of Appeals has
Just granted motion for rchcaring in one OF the
elevated railroad ca,c,. There may have been good
reasons fJr granting the privilege In that particular
case but 1t is b" hoped that the practice will not
become general. OF the Western courts are
fairly bc>icced with motl,nS for rcarrmentG and not
uufrcqucntiy tn" appeals are rcopcned and further
argument allowed Tie r,>ult Is that the opinion
which was supposed BE- final pruvs incOnclu,ive and
fine .ultor who IA. been successful has again 10
present the Lrirf, who have previously convinced
The court Counsel should lc compelled 10 prcseut
and should b" allowed 10 correct cacir>S oniSs 1is
OH sfh-clucnt fc'p"nlns o. III" rae" Tie Court ot
niplirtalons that N.w York lawyers now rarely ask
for rchoarng,. II The rule should be changed 1t would
De- hari 10 say when litigation would end The Court
~ Appeals usually cpr >fers H. cases with care ard
rchc,iins scdom develops anything new Ia change TIE
mind, II the judge.
Vernon NJ Davis. ono Of District Attorney Nicolrs
most valued assistants ha, a talent iof IN" patient
Investigation II intricate cases. he hns shown in
the prosecution of the electric sugar thieves and
other Important trials Besides the preparation
II The S-tlr, cn.c /, engaged In the eNaminn
lion of the fact, on which the Indictment against
Charles II. Ifnkhnm IT, the former president Of the
I.ank # Harlem. b, based. report that Mr. Davis
prepared tie articles Of association Of the Bank Of
Harlem and was formerly lis counsel and
might therefore have some ntere'. in prosecuting
Tie case was unjust t. him. The Canal
street Bank VA, organized largely through
the .nori, of Mr.. Davis. wh) wa for n I'm"
it, counsel. and iic Twcnl ward Bank which i to
extent y has l9 'n nmons s occ TS many
friends Of Mr. Davis. He ha, had no conn~tiph
however. With the Rank Of Harlem or ,he i,a hn"
counsel on account ~ bis official duties. = which he
dcyotcs himself with great energy and success
The Ncw-York Law Journal" Is doing coed work
r. di.conr.,ging rs far rs possible those who think
they have cllns- to large tracts Of city lana I'hs
ago sold 10 others. Most Of these " claimants are
delud,d by designing lawyers. who nope 10 make
large fees by collecting Il small sum Of money from
each Of a large number of persons. The courts
usually favor the po,scssor who show fair ute
under which the land IN, been held for series oil
wears Several cases have been reported In The
Journal within q few days. showing the opinions
of fhc Judge on such matters. The most Interest
INC case +, that recently before tn, General Term OF
The -uprcmc Court fjr this Department posNt'sl III
ia .om'. land formerly In the Bolmingiae Road. bur
now AT Fifty ird-t. and lroadwav WaN SOUGHT
under u paper recorded I'm the Registers once III
1854. The paper In the form of dccu Dul
wa, Acknowledged by The granior or suoscrlo,hg
roper sIgn.d by the gi7inior and the witnesses The
Gcnca Term ha, decided that even ninier ,he louS.
procedure II those early days the acknowledgment
was insufficient.
An unusual case Of the adverse possession which
dcfcnis 80 many Of these "clnmnn's' was that
recently decided In the second Division Of the Court
Of Appeal, when The property to which claim was
made was a LOT In a cemetery The Mount Eepo'c
Cemetery ut Iiavcrstraw formerly owned by
several persons. wh) appointed an agent to
scr lots The agent sold lot to John Tread
way i'm 1867. Trcadway buried his daughter
I'm the plot than twenty years ago ana
has since buried hi, wife and five OF ms grand
children Herein. lie graded and sodded the plot
and planted flowers there every year. An attempt
wa. ndc recently 10 obtain possession OF the IoI bN
a purchase At n partition sale. but the courts he,d
that Trcadwell was entitled 10 the lot Ms MS
mo-. -c.sion had been ~ exclusive rs the nature OF
The Circumstances would permit )r upward of twenty
years.
Among tho important articles In the current law
magazines /, one the Design Patent Act of l10''
bv Frederick H. Bctts, the wcllknOwn patent lawyer,
I'm The Yale Law Journal The article Is somewhat
technical but Is valuable 70 patent lawyers. Sketches