New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-20
FROM BENCH AND BAR.
~yrREp FROM LAWYERS AND AMONG
THE COURTS.

.os IN the Code OF Crimlnal lroVeuuie
The IS, franklin BieD and passed. ny inc
PREF, soislature work an impor'an. o""nse :"
last Les'S'' ,',,y cases Judges will no longer be
gard 10 eq'". &c snecilcaIly upon any number OF
cornpeieu -, ,avv or statements of fact which the
propos'u -, choose to prepare for their con-
sttofhe' IA 70 write their assent or dissent 10
siae" Hundreds Of propositions were soihe-
esch sr,,tted I'm a single case in an endeaVor' APP
th'e9 10 catch the judge In some iaise uec's'o"
paren'', Ter scarcely related TO the case before
s. " -Ao new system allows greater ireeuon 'o
Dill s.. ne TO the manner in when MS uec'Sio"
the So formulated. An equally important ci'a"s.
sDaodo In increasing the power oI INC
Is maT. % that the decision of that court may
Appeas -. horee an erroneous judgment, and
nore ie"u" ortv 70 the action the Judgment TO
gam 80, he entitled. without compelling
Vic" =, tho case This increased power OF the
rev VIC so,,r, has been found Of great convenience
'Hssc,ing speedy justice in many OF the states
-, ,roxv &c so rare that the validity of
yrr'"eV colohrated in that way IN this city
ns''"e -, may he taken before the courts II any
few r,cbts are involved. SovereiSns in ancient
r0p'... raouently married by proxy, but IN moue'n
ds!s - q ceremony has been rare. Inc text
nnrs - marriage and divorce do not quote cases
books "" o~,r, on the subject. Bishop the lead
cfe'"s .hor,tv in the United States. Is hchneu'
hs - an the authority Of Swinburne' an aiioie"'
Largely V .cDousals" to believe that marriage
WIZ vould be valid. and marriage ny PioN'
.! w .rohablv follow the same rule as swirl
Toud mas IN favor OF the binding force or
bu'ne ,oge A United States Judge in oregon
su'h decided in favor of the validity or Chihese
'eOe -I.rs where the bridegroom. VINO hVeu !" 'me
MAJ ma states. espoused through reia'Ne 0""'
:, ,uo years, living in China. Inc mari"
"a -.d ~ be In accordance with Chihese law
,horefore valid everywhere. Marriage 49, "c
aNy ,s 20 the laws of this State. CIVIL contract
Wv W. oortracts can usually be MADE 'hrous" an
anu ,on nc in person. a marriage by proxy
s,srs the authority OF the asen' - r.
"nele you'd probably be upheld In this STATE
snV" 90 cvvinburne quantity writes OF another
tnO"e' - .ha discussion this conclusion Is not TO
p a"N ,ou, esDecially of a weak stomach TOT II
-, =, d3qestion so II is likely 10 breed III
,.~ours II mean erroneous Opinions II the 0'oi'i-
not nrepared, and the thing is self-seasoned'
s.a made apt TO be digested.
.oo,, sbarfer the elderly lawyer, who died
MI v,as n somewhat peculiar but successfui
,oa,e He had the manner or religious IN
-. hrt readily won the attention OF !uroiS'
w.. =, the LAWYERS who are accustomed 10 appear
-, cornorations declared Mr.. Shaner the'r HoS.
..ngs,ous opponent in damage suits. lie appeared
=, ,oma inportant ltigatons. inciudins 'he 'ul"e'
1870 end his practice was lucrative. In MS carrier
v.sr. Mr.. shaffer frequently prominent III
-..,oro IN subjects outside Of his profession
r,s hest and most appreclative estimate or the
~, ~ David Dudley Field as Jaw reformer IS
,Sst contained IN an article by Austin ABBOTT IN
49, c,,-,snt number OF The Review OF Reviews
A. ,hho,t ,s especially well qualified. from per-
,o,sl and professional acquaintance with MT F1eid
.nd from his own close study of Jurisprudence, TO
IT,, Tho value TO the community Of the life-work
'. ~. r-aa, advocate of codncation He illustrates
~ s,r,kns examples the delay and expense incident
80 the old method OF procedure which MT fleid
was largely instrumental in abolishing Ihe
Younger generation OF New-York lawyers having
nraetsed for many years under codes when MT
Field advocated may not realize the importance OF
The reforms accomplished without so clear ana
forclbe presentation of the evils of the old sys
tenn az that made By Mr. Abbott. The influence OF
NJ vsd.s earnest labors has not ended With his
ao.,h In Illinois where the antquatel forms are
mos, strongly entrenched In Michigan and IN other
States the contest for simplicity OF procedure Is
more actively carried on than ever before. Inc /
article of Mr. Abbott has not only historical and !
literary value as a review of Mr.. Fie'd's WORK. Out
will be useful in furnishing inspiration ana arBu-
ment TO the advocates Of reform In legal procedure
wherever that is at issue.
Judge Green. in the United States Circuit Court
for the District OF New-Jersey. has recently gwen
q decision as to the serving Of process in suits /
against foreign corporations which VIII prooaoly /
not be favorably regarded by corporation lawyers
The New-Jersey statute provides that In personal /
suits or actions brought In that State against /
foreign corporations process may be served upon /
any officer, director. agent clerk or engineer. IN
An action In the United States Court the summons
was served upon a locomotive engineer OF the Dela-
ware Lackawanna and Western Railroad Company. |
The attorneys for the railroad company contenHed /
that II was not a valid service as the word en-
gneer" was not intended to include engine drivers
but only to designate those engaged IN the science
Of engineering in Planning and constructing bridges,
railroads. and similar works. IL was argued that |
the Legislature intended 10 erect tne se5'!ce oa
process upon some one who was interested IN the |
management 0. operation OF the company, ana |
whose duty naturally would be 10 notify the com
any Of the service. Judge Green decides tnat ne |
must give TO the word engineer its usual ana |
commonplace meaning which IS that or an engine |
driver, or one who manages an engine me New
Jersey Law Journal criucises TINS OPINION say |
ing 1T Is hard 10 explain why the LeRlsldt uIe /
engine in factory and still less man who holds |
the throttle Of locomotive, as the man upon Wh0fh
summons should be served II any OF the Tram
men is TO be served it should be the conductor,
who is. in sense, the representative OF the !
company upon the train. The engineer has noi even
coat pocket 10 put the summons IN and IS not |
ulcers" "The Law Journal thinks that the I'm
ropriety Of such service Is not overcome by the
argument that In this country the word engineer |
Is commonly used 10 designate a person who Is In
charge OF an engine
The application for the probate in England or the
vii 0. the wife Of DR.. Brown-Sequard. the famous
Paris physician, called forth interesting decision
p The English High Court OF Justice as 10 aliena- /
son Of citizenship. Mrs. Brown-Sequard was OF !
English birth and married in Paris an Englishman |
sno was domicied in France. After her first hus-
ands death. she was married to Dr. Brown !
sqaard. who also OF English birth, but who |
Seame naturalized Frenchman a year after the
marriage. Mrs Brown-Sequard died few months
yslore her husband. She had made a Will In the |
Isng.sn form while on a visit 20 England In lseo
according 10 the English law the wife became d
tiencnwoman as soon her husband became
snaturalzed Frenchman. but by the French law she
remained an EnglishwOman. The will was not In
ssseoIaanee with the requirements OF French law.
w me French court would give effect to 1t as the
rrM OF an EngshwOman made in England The
.lSsh High Court admitted the will 10 probate, as
~ vas euiy executed according 10 English law, ana
~ so.l be regarded by the French court as valid.
V,en one tribunal would be bound 10 consider her
- Hngashwoman and the other Frenchwoman.
a peculiar negligence case has recently been de-
w. N the Queens Bench Division Of the English
ss sl Court OF Justice. The plaintiff owned colt
saca was found dead one morning a few yards
IN n boundary fence over which grew yew tree
E,,as'ng 10 neighbor. 1t was shown by the EVIL.
ia OF veterinary surgeon that the horse had
o. s,om eating the leaves OF yew tree and that