New-York tribune., 1894-02-04
FROM BENCH AND BAR
GATHERED FROM LAWYERS AND AMONG
TIE COURTS.


always crowded Court Of General Sessions Ihere
was an unusual amount Of sickness among the,
judges. Judge Fitzgerald, of the Court OF Generai'
Sessions has been confined to his house Tor TWO OF
three weeks Surrogate Arnold was detained at
home for time by sickness, and in several OF the
other courts the judges were compelled to be absent
from their places The February term VIII open TO To-
morrow and there Will be work enough for all tne
bench. The cases accumulate so rapidly that tne
demand for longer sittings of the trial courts IL
Kane case il setting an example OF extreme in
dustry, spending nearly four hours each day more
than the time usually occupied IN the ai OF ciuses'
One Of the cases decided by the Court OF Appeals
last week was a novel in this State The ac-
ton was brought under the civil Damage act" on
behalf OF Nellie Quinlen, a child who born one
day after her fathers death The father had been
a man Of drinking habits. and one evening he drank
heavily at a liquor store kept in a building owned
by j. IL. Welsh. He became 90 much intoxicated as
to wander the railroad track in front OF a mov-
ing train and killed After the birth of his
daughter a suit brought on her behalf for th1
recovery from the owner Of the building wnere tbo
liquor had been sold OF compensation for the loss q
a case had not previously been defined in the New
York courts. though child not YET born mas - peen ,
herting property and IN other case [ me me ira! RAJ
fathers death was not less than it would have been
If the father had died after his Gnlld was born and
allowed the recovery of a verdict me court OK
Appeals has now affirmed the judgment
Lawyers are frequently careless in the preparation
Of their own wills, and the litigation over the prop
erty of eX-Judge Homer \. Nelson, which closed
with a decision Of the Court OF Appeals last week,
due oversight on the part OF that wel-
known lawyer AS said at the General Term.
when the case was decided there no lawyer in that
part of the State more familiar with the ~
quirements Of the statute to drawing wills than
Mr.. Nelson. and he had the assistance Of an able
lawyer who was OF the witnesses to the WILL
The attestation clause however. at the end Of the
will did not contain the usual statement that the
witnesses subscribed their names at the request OF
the testator. The lawyer. who was a witness, dieo
other witness, while not remembering exactly what
had occurred when the VII WAS a!a~g, thirteen
years before, believed that the testator ad not re-
quest the witnesses 10 sign their names The COURTS
Term and probably the Court of Appeals, took the
view that two careful and experienced lawyers pre-
sumably adopted the formalites required by law
with which they must have been thoroughly Ia
mar
In another case in which the Court Of Appeals
gave decision last week, the lawyers are now
probably more interested the question OF costs
than over the judgment which was obtained in the
case. Patrick Larkin. police officer Of Kingston. !
and David Kain became engaged in a fatal quarrel
in November 1886 Kain in this case was the slain,
ard not in Bible history. the s.aye'. His mother
brought suit against Larkin TO recover compensa-
ton for the loss OF her sons life Immediately after
the suit brought. Larkn transferred Amos; all
his bank 70 his wife. and gave his brother
a mortgage for the full value OF his real estate.
Larkin was afterwarl tried and convicted of homi-
eide. and served a term OF imprisonment Mrs.
Kain was unsuccessful the first trial of the civil
suit. but at second trial secured a judgment for
$500 Her counsel cnlcavored TO collect the amount
and sought To set aside deed which l.arkin had
given to his daughter for his real estate. The trial
court set aside the Decd but the Court Of Appeals
In 1872 reversed the Judgment on the ground that
there must be- proof that when the judgment was
obtained AGAINST I.arkn he had not enough property,
2ay ige o dsmeni The costs %ere to abide the
event OF a trial. TIE case again came TO the
Judge relying largely on thu construction which he
gave TO the Court Of Appeals opinion in the trsS
the complaint. but the Court OF Appeals has again
costs suil awaiting the hnal decision Of the case.
Another two years will probably elapse before me
which arose so many years ago between Kain and
arkn and II he costs fonnue to aeGumu,ss @ nd aha h
litigation a costly Onr.
one Of the most interesting suggestions made at
the meeting Of the Bar Association Of this State
a few weeks ago that the judges Of the higher
courts OF record who had retired from their offices
on account Of and who were sill able TO per-
form active service should constitute court to de-
termine cases of contested election The New-iork
Law Journal points out some Disadvantages ar.s-
ing from the age Of the members OF the COURT
though +, is probable that many judges who are
over seventy years Old would still be vigorous and
in the United States supreme Court who are ovst
seventy ye.' old. ard Cniof Justice Ianey AZ
eghty-rv ..s stiil able q perform MS duties.:
The Law Journal" with much truth argues tnat
political opinions do not uSuaI!y become, less . ues
Ikely that younger men 10 be Influenced in decd.
ing election cases by their party arilatohs. ~
retirement s sometimes small. and IL mgnt be I'M
possible AT some time to form sEcn trlouma, as
to take upon themselves the unpleasant duty or at
tempting to decide cases in which partsanshp Is
uvlv
CURED by statute 10 DO So Their opinions are IN
decisIons NAV have been rendered conscien,lousy
and without any partisan bias. No other eluanny
niace Of the supreme Court in these cases, II the
matter must be- taken before the courts
Lawyers incomes are again subjects OF discussion.
since contributor to "Iiarpers Magazine mas
written the subject. and expressed the opinion
that the greatest fortunes made in law and
banking It will probably surprise most New-fork
lawyers that their profession is considered one OF
the surest and swiftest roads to wealth. The gen.
eral opinion among active practitioners has been
that. If living income can be obtained the lawyer
may congratulate himself upon his success al the
bar Most Of the lawyers who have LEFT large fort
unes have acquired them through business opera
tons. ana through direct practice Of the law. Or
lanto t. Potter. Samuel J. Tiien and +. y. Dick
erson are among the lawyers who have accumulated
fortunes Mr. Dicxerson became interested In profit
able inventions Mr.. Potter obtained control or
some patents and acquired most OF MS wealth as
Tho head OF business concern anil in dealing In real
estate Mr. Tidcn's wealth would not have been
large ii II had not been for his investments In min.
cal lands in the Northwest and in elevated railroad
securities in tnis city. There are few rich law
vcrs i'm New-YOrk who have earned their fortunes
i'm the practice Of their profession out the number
IS small and the fortunes compared with those OF
many merchants brokers ana railroad men are
almost insignificant.
The Albany Law Journal" displays type.
and since the beginning OF 'he year has greatly
improved in appearance Most OF Hhe important
papers read at the meeting Of the New-York State
u printed
Journal" and the discussions have also been report
cd with considerable care. THE Journal under III
new management has advanced over the somewha
old-fashioned publication known to readers few