New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-23
FROM BENCH AND BA r.
GATHERED FROM LAWYERS AND AMONG
THE COTRTS

the Octohsr term began is not large and the work
Of the court is now abou; year and a half behind
hand The calendar made up in Ortob r. 1888. IS Just
exhausted and a new calendar has been ordered for
January H. 1t Will be made up of appeals in which
the returns and notices OF argument. win PROOF "l
service. shall have been filed In the Office OF the
clerk on or before Monday of next week. The clerk
may add other cases as provided by the ruies oil
the court.
An interesting point Of commercial Law was de-
cided in the case Of Close against Brady by the
Court Of Appeals last Tuesday. Mr.. Brady was
the treasurer OF the American BIT AMI Brace Com
pany. The capital stock Of the company vas never
paid In. and the individual stockholders thus be-
came Liable for the debts OF the company. Two
notes signed by MIR. Brady treasurer Of the com
plny made in January. 1872. while Mr.. Brady
the holder OF fifty-siX N ares of the capital
stock He sold all hs stock b'forc February e. when
the notes which hal remained in the custody Of the
company. sold. They were af;erwarl trans
ferred T. another holder. and as they not paid
an action was begun against Mr.. Brady to establish
his individual liability for the debt; TAe majority
Of the Judges at the General Term Of TIE supreme
unit. the note delivered to the purchaser. and
he was net then a stakeholder \ minority opinion
was delivered IN which Il was argued taat az The
note was In the hands 81 a purchaser VINO dlI not
that the debt was incurred al the date Of the mote
and had the right to hold the treasurer personally
the opinion OF the majority Of the Judges Of the
General Term.
Another decision last week by tho Court Of M
peas settles disputed pon; in insurance Jaw. The
owner Of hardware store at Grand Rapids. Mich.
insured his stock under a policy which provided
that :; should be void ~ the property was sold
or transferred or any change took pace in title or
possession" Soon after a renewal 90 the policy
bad been granted The holder ~ the policy took p
partner In his BUSINESS Tho Court OF Appeals
holds ihai that WAS such change Of ownership
81 the insured property rs made the potcy VOID
A D.
interest in The property To- the remaining partner
cpse decided las; wrck cs,abishes different ru:e
when q partner is taken into business.
Naturalization proceedings in this county Will
probably b. conducted with greater de.iberation
now that the new Constitution has done away with
the great rush - cases In the months preceding
the election. Thc occasion is . favorable on" FOG
to- iudr.s - the courts in which n'turazi alton
proceedings are usually carried on 90 consider ihe
sdopton Of ruos providing Tor greater care AMI
10 Iteration IN this class ~ cases 10 doins SD
they may prohtsb.y consider The opinion ~ ln.ici
states circuit Judge Dallas. %; Pcnrsy tanA. n the
Gag ~ q man named Bodek. who applied ior n"ir-
raz liloA just before the last el~cJon Juis" iA'iH
takes occasion ct5efuly TO state his opinion rs -
the proper procedure ln nftura. izttloa ca.'- - +
docs no, consider the declaration 20 support .h'
Constitution ~ the United state. anl the stat
men, tina. ne applicant he's tehas. aa man A.
,ached 10 the principles % The Constitution ~ mei'
fornaA.ies. H. requires :raf the 'pp.icsni shall
saow by al examination D.! the court inat D, a..
stands the oath which he take o. support 70 con
stltuiion The applicant = rcquifrH - Fh," '
slgniacance 81 TIE oath ana hay some knowledge
Of the Constitution which he promises 10 S1pi'I,
The facts 20 the applicant ''sienc" mon"
character and disposition 10 good oidrf mus. 10
cant In applications mao. ~ 49, -, ,..,.rs
that they came t. this country under 'ghtr'h N'"lS
OF age tho applicant musi prove. not only bf n''
own statement but los other testimony. tha; DO
has intended for al least two years to boom. "
citizen Of this country Judge Dallas als' r'ihif'-
case and 4 formi, judgment entered; whether th'
application Is granted or denied ltr also =.
fhsf The comparatively lax method Of procedure
which has grown up in some courts Is probably
nae 70 laws went into cnsc' It was not
nccrssarv 10 scruiinzc so closely IN" Applications
w rsln.eS 70 the court and ihose usually by per
CONS VINO were known IN me cv"'' ~ 10,
they lived. SO that any attempt d. "r''P'''" "'H'
readily be detected.
I \eUtoD fioro the leader Ia the movement i"'
revision o. the code Of Civil Procedure. makes
the announcement. which wil b" wen '"''N''
among lawyers. that IN. preparation OF the h'''"'
nents rendered necessary 10y the enactment OF '"'
new judiciary article OF the constitution VIII ~ ~
tho hands Of Elihu Root and Louis Marshall VINO
vcro members % the judiciary Committee 81 th'
constitutional Convention and members oi inc
Committee on Legislation OF the N'% orr H' Hf
Bar Assoc. alton htoInr{ ,'rnrt"' n Preston are
Ficro. T.. q whitaker ana : hhIl'4 VI ,,r,s ~
Members OF that committee Ninoii- ''' l'd,,H ~
he when changes VIII " 800
onse~ucncc OF the new Judiclat} "'l"l, az r,rt
SECTIONS relating 10 the jursdic non % inc ""'.
~ ,uueals and Of the General Term. AS wen az
sections affected by the abolition ~ IN. Tul',iD,
CIV Courts Amendments prepared ~ the inMH,aI
named viii undoubtedly meet the e'l''"' "'''''
Of the Bar
ra,r.veaihcr friends are likely 10 depart when
co,troyersv arises but Fayerweaihcr lawyers
are rot Of that Kind. They arc not discouraged 10y
the length or bitterness Of any contest. ana are
willing. II necessary. 10 prolons the conl'o'crSY
as long as life ondures or the estate nous on.
There ls no widow or near relative whose neglected.
posi,ion need appeal to the hearts OF tn" ho"'
tender attorney. The only interests affected 10y a
decision either way will be those OF the larse pun
lie ns''nion a who may od c,, or OF ssSo the
contest thus carried will certainly lasi
No. euits or new phases Of old iIeatons until
becomes famous as the Ste"ar' M anorirs,.ir
ing efforts OF the heirs Of the lat" amcncd Annex
Jams 10 obtain possession OF 'ohs'i''"p'' SNARE
OF Manhattan Island
English law journals often rofcr 10 queer do!nss
in the courts Of the United states. The EngllSh
courts however are not without their own peculiar
scenes In the Dublin Chancery court recently "
proco eding began OF 30 unusual nature 'hh' "
WAS only after considerable search thdi Inc proper
method Of carrying 1t on was asceriain"d IL ~as
bv an officer known as The clerk o. The PIPE
No could find the Office OF sIcn an o,ca , n,' IN
was asccrained that nom had ben appo,n,cn r VI
recent years. The pipe was peculiar iphs D'1 rh
I'm which documents were Al one Utn' hrpi
chancellor finally decided that he had the rien'
To- appoint the desired ofiica'. ana M Faii inat I
oe,cer Of the court was known az great smoker.
and he would accordingly APPOINT him CLERK OF the
pipe" The officer so appointed signed the ncces-
sary document.
Much anxiety IL felt in tho English courts because
Justice Hawkins has lost his dog. Jack The dog
had not only the usually good qualities Of his race
but was regular attendant at the sessions OF the
court his master tying him TO the judicial "rst ny
means Of a piece Of blue ribbon The dog was then
allowed 10 roam around under the desk ON one
occssion tho dog took too active part in the
proceedings by expressing aloud his disapprovai OF
some barrster's law The Judge called to the ushers
TO turn that dog out o the gallery" No dog could
be found In the gallery. and no usher was suihceh'-
~ hold TO suggest that the barking might have come
from under the Judges bench. ltigant who was
defeated In one Of the English courts recently re-
turned TO the witness-box long enough to express
his sentiments freely about the opposing lawyer.