New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-11-11
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COURTS.

OF Appeals makes the majority In that tribunal IKE
publican for the first time since the election of CHER
Justice Kruger in 1882 or the Judges elected to the
after the adoption of judiciary article as pre-
pared by the Constitutional Convention of lS67-S hve
were Democrats and two were Republicans Inc
Democrats remained in the majority until 1882 wneh
the Republican majority consisted of Judges An
drews Foger. Finch and Danforth. The Republican
control Of the court continued only for coupe or
years The present Republican ma1orry ine iIs,
Chief Justice Andrews who is considered the ATTEST
and Judge Finch. whose written opinions are per
feet examples OF good judicial style, Judgs Lex aS
of the court In term OF service ana IS one Ul ,nS
abes members of the court judge aan and in the
Second Division Of the Court 81 Appeals mas an
had his ability as an appellate Judge tnoroug 1ns
tested and he will at once take "A good rank dNo"s
his associates.
The death last week Of Daniel De Forest LORD
brings to older lawyers recoilections OF practice III
the courts many years ago. Mr. Lord was 'he
eldest son Of Daniel Lord ir. who was Tor lohs
time one of the leaders OF the New-York Bar Daniel
Lord IT, was born about 100 years ago, ana win
his father. who wel-known physician ana
druggist came TO this city before the close OF 'he
last century. He was graduated from Yale college
and studied his profession at the famous Litchieid
School. He returned to New-fork IN slS ana l"'
nearly half century practsed Law IN r t,s c, WI
after twenty years practice he began 20 nave one on
the largest and most profitable clientages ~ i .ns
bni in every department OF the law he made his
mark before the courts. William NJ hy ,IT f him
law in Mr. Lords Office and always retained TOT MN
the highest respect and esteem. Mr. Lord married =
daughter OF Lockwood Dc Forest the rm o ord ,hc
names OF Lord. De Forest and Day have been S coz
santy repeated In the naming oi y0a au iord al
though no member OF it Is as well known IN d tne
courts as PANEL LORD dr law pof firms in " the city,
A elf, bv Chief Justice Andrews to the library OF
scbo interesting inenlp-
rial of the famous Litchheld Law School. OF when
Daniel Lord. jr.. was one of the weH-khow" k'H""
ates The gift includes several volumes CONTAIN"
ing notes made by Aaron Burr Reeve OF lectures
delivered by his father Judge Tapping Reeve 10 MS
puplls They contain annotatons by Judge Reeve
rbere are also three bound volumes OF notes OF
lectures by Judge James Could delivered AT l"''h-
field In 1924 This famous school hah HS
origin Immediately after the Revolutionary war
when Judge Tapping Reeve Of the Connecticut Su-
perior Court. began to deliver lectures al l"tcn-
field Judge Reeve was the sole teacher ui'''' ''''
and he and Judge Gould continued the school To-
gether until 1870 Judge Gould mainialnea .r
alone until 1883 over 1908 law students from va
another tho lectures delivered by these two eminent
teachers. Among the famous LAWYERS VINO Nissan
the school were Calhoun clayton, MtSon
Woodbury.. Ashley and others whose repn,a'SSm ,os
tended far beyond the limits OF their own Sln'cH
oih o, IN, ai,b6rh thew We're diverse in their
STYLES Of writing and delivery. Judge Reeve was
a
lions ana C;ouIds "Peadngs" was regarded rs
necessary part OF every law library II the early par
~ ,bo Haatb 81 those whose abilities had made it
known to lawyers throughout the 'h'oh'
"The American Annual Digest" which Is an es-
sentia part Of every briefmaker's library. has APP
peared this year at an even earlier date thah IN
former wears Il reports decisions up - nity-hv"
days before the enormous volume app ar'I III ,,,
market. Whatever may be said 81 w E'in I'm H
and frequently useless reports win winch the pm
fishers Of The pSes ans, t scl me9' IN each
INK law publishers that rapidty ami thor9ushnrss
Of the work essential 10 success IN modern "a"
reporting.
The Chicago Bar Association held rs annual meet
Ing recently discussion Of resolutions presented
showed that many OF the members were In favor OF
adopting the code Procedure In the state. The
present Illinois system IL cumbersome and compl-
Gated The Judiciary Committee reported IN favor
OF permitting Judges especially in civil cases. 10
charge jures orally The pan OF written nstruc-
lions involves unnecessary delay anu annoyahc"'
The Supreme Court Is almost overwhelmed with
ten opinions in eighty cases assigned 70 him sine"
June. 1t IL hardly 70 be expected that ne woull
him. II such were delivered Isaac y newton Ia.
been appointed the reporter OF the supreme Court
In place OF the late Mr.. Freeman
The opening day OF the term OF the courts after
the long vacation was celebrated in London with the
usual formal procession Of the Judges through
the Central Hall A large crowd always witnesses
the ceremony and comments with freedom upon the
ap;earance OF the judges. There was an UNI
usual amount OF curiosity this year because sew
eral new faces were TO be seen Lord chief Jus
tce Russell was already known 10 lawyers. but
the promotion OF Sir John Rigby to Lord jus
tceshlp recent that few lawyers had seen
him in his judicial robes The Attorney General
and Solicit or General, who walked In front OF the
Judges were also new In their position sir K E,
r Reid Is the new A',orney,Generai; ana ana FRANK
Lockwood. who enjoyed a "lde reputation Is
lawyer. IL the new Solicitor-GeneraL Both Slr
Robert Reid and Mr. Lockwood wsre 1850 assosaei
tce. as counsel TO the Irish party bef1Fc the rar-
ali have obtained high dignties within short time
after their association in that famous case.
The doctrine that damages for mental suffering
NAV be recovered in an action against "A telegraph
company for failing to deliver "A message IL known
as the Texas Doctrine" because the courts OF that
State first announced IL. Indiana and "A few OF the
Southern States have since adopted the doctrine TO
some extent but in Texas at least. II has led TO an
amount OF litigation which In many States would
be considered appalling. The Texas courts, how
ever. peculiarly constructed. Most of the
Western and some OF the Southern states have
the doctrine and the Supreme court OF
Minnesota recently took strong ground against II:
The principle announced In these telegraph cases II
carried cit in actions founded other contracts
would lead TO endless litigation. The elevated rail
roads alone would be- compelled to employ an army
Of LAWYERS II an action could be begun against them
every time that passenger suffered mental
anguish by having gate Improperly smut III MS
face or being compelled to wait too long time for
q train TO carry him up town.
That man has not always the right to stretch
a barbed wire his own property Is
settled In n recent Indiana case. In which Edward
Sweeney began AN action against Jackson Morrow
for injury a horse which came In contact with
a barbed wire fence Morrow's land. In the out
lying part Of the city OF Kokomo streets and ave-
nues have been laid out. although there were no
houses there. There road which had long
been used a short cut across the lots. 1t passed
through a plot OF ground belonging TO Morrow. and
he suddenly resolved to inclose his lot with
bar bed wire and erected the fence without any no
ticc that ne Intended to prohibit travel the
road. a horse driven in the night time over that
which had long been used IA a roadway ran against
the fence and was severely injured. The appellate
court has recently sustained verdict In favor OF
the owner OF the horse In his action against the
owner who erected the fence
Another decision somewhat favorable TO those en-