New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-04-08
FROM BENCH AND BAR
GATHERED FROM LAWYERS AND ANo,
THE COURTS. p

49,.
little attempt at effect by the attorneys and 49,
marked effort on the part OF the Judge to ma,,,~
decorum and prevent any unnecessary prouln.-
of the unpleasant features OF the trial Few no..
legal points have been passed upon. The quesuo,
the value OF expert testimony, which Is amoy, M,
versally raised in important trials, was dealt v,,
by the Judge more favoraby 10 the valus a. ~
testimony Of experts than has been the case In o,s
ions delivered by judges in some other courts X
lawyers have conducted the examinations and erss
examinations OF witnesses with little attempt M -
witty at the expense OF those whom they were qua
and the action of the Judge in excluding women -
curiosity-seekers as far as possible from the cour
room. SHOW distinct advance upon the metSsx
sometimes adopted IN sensational riais.
Judge Giegerch. of the Court OF Common pi...
last week granted motions to dismiss provisional
the complaints in two old cases. which illustrate ~
delays which frequently and for which N.
courts certainly not be held responsible In Ga.
case the summons served in September. 1856 A
issue was joined two months later. 4 motion va,
afterward made to dismiss the complaint for wan
of prosecution. but the plaintiff then fled note ~
issue and the appeared upon the caend,,
After being on the calendar for a number Of month
It was in October 1888. reserved generally" on n.
has remained In the court without any furths
proceeding by the plaintiff The number OF "a
cases which have been reserved generally" other
wise so placed az to be almost permanently on tn
calendars, without any attempt on either side
aEe ANY f5rerIy Was The udges rens nC
make effort to clear the calendars OF elected casa
but attorneys sometimes insist upon keeping d,
issues alive until several years have elapsed fros
the time when the action was begun The delay
condition OF the court calendars are much less ire
quent and important than those due to the lawyer
and clients.
An example Of the delay for which judges rattle,
than lawyers responsible IS that in the case b.
fore the Supreme Court OF South Carolina. in which
the constitutIonality OF the ''Dispensary law" Is a.
issue. The sending of petitions TO judges urging
them to do their duty In deciding cases is forts
nately an unusual one. Such petitions have re.
Gently been sent in South Carolina, and II Is posb.
that they may be effective in bringing an early d..
clson OF the In the courts OF this state thew
is usually little cause for complaint Of delays BY
Judges in rendering decisions except in some Of N.
trial courts IL occasionally happens that when the
the papers and waits for weeks. and sometimes ior
months. before passing upon the facts The ap-
peae courts usually act WIN promp t the Gen.
and the Court of Appeals are model tribunals In the
rapdity with which they dispose OF cases submitted
to Them
April and the first days Of May favorits
times for changing partners we'll Offices
among the lawyers of this city. Among the earliest
changes announced this spring is the dissolution
Of the partnership which has existed for several
years between Henry W. Sackett and c. G. Ben
nett Mr.. Bennett takes offices in Wall-st Mr.
Sackett who is the attorney for several large col.
porations and welknown business men. remains
in his present Offices and has associated with him
William A. McQuaid. The firm will be known a.
Sackett & McQuaid. Mr. Sackett had charge Of .
large number Of elevated railroad in the
earlier days OF the litigation by property-owners
and his firm succeeded In establishing some OF The
more Important points in that class OF cases. His
general practice has also been large. and his firm
has been m me- nt most Us the V
dctorian of his class at Yale several years ago. and
is one Of the most thoroughly equipped young men,
bers Of the bar.
Litigation in elevated railroad cases Is only At
its beginning In Chicago. and the Chicago courts
do not seem inclined to accept altogether the result
OF the long experience OF the New-York courts IN
this class of cases. Judge Gibbons, OF the Circuit
Court who was recently elected to the bench, has
Just elaborate opinion In an equity case
where injunction was sought 10 RESTRAIN lhs
building OF an elevated railroad in Lake-st Judge
Gibbons granted a motion to dissolve the in1unc'
ton which had been obtained restraining the build
ing of the road and dismissed the bill which na
been filed. He held that there was an unreasonape
his suit until the railroad had expended large sums
OF money in constructing the roaf me s saper
the question as to damage to light air ana access
which has been prominent In the New aorS , $3.50
accepts the rule laid down In the case Of the Penn.
sylvania Insurance Company against nersS ~ Sor nv
uIated in the New-York cases. He says that ING
plaintiff has not yet sustained any damase ana
mt.
sessing the amount which might be recovered me
proper thing he says for the plant 70 10, 40 and
wait until the road is built ana In operation az
then a Jury may be able TO estimate al! the e'e'
ments OF damage.
The New-York rule In another class OF cases has
heen criticised recently. The Court OF Civil Appeals
of Texas has held that the statute or limitations
may be pleaded by foreign corporation "hic" wv
business within the State. In the New-iorN cou's
the opposite rule has been laid down on the sl'S.
that the foreign corporation is absent from 'a'
State and therefore is not entitled 10 plead nv
statute The Supreme Court OF the Uni'ed S'as"
sustained the opinion OF the New-fork court ." Wv
Ground that a State court could construe It's own
statute The opinion in the New-fork cases naN
however been frequently criticised ana ony Ne'aa .
seems to have adopted the same rule IN i,"o rs
Connecticut Alabama California, Nermonii an, az.
some of the Federal courts IL has been ne.i .nsi
where a company could be sued az an ul is a1sG
itsf ~ the statute OF limitations TO bar an aeuo'
against 1t.
.'The Yale Law Journal calls attention 70 Wv
fact that the new Law School building Will con'aA
ample accommodations for the Library OF the Law
School The limited space allotted TO the library
the old building has compelled the librarian 70 so.
away some OF the most valuable reports peioneA.
to the library. THE Law Journal suggests u.
when the new building Is occupied the s'ul
should be allowed access TO the book shelves In"
bSS'N
desire and to wait until an attendant has sea'en. s
for It before finding out whether It can BE- oota"e
The Yale school is so practical in most o. :.
methods that Il might we'll allow the law stuaens
TO pursue the course usually adopted by laMys' and
consulting the numerous volumes OF rePot's A.
statutes which must be examined sometimes 70 -,
eide single point Of law Professor hop ,S,rt ,r
the Yale school, has decided TO hold moot cur ,rs
the trial of causes OF fact such as are usuag "a
sened jury basing the causes OF acton It's c are
occurrences The witnesses who saw me iaSe' iag
10 be examined and cross-eXamned py we
students and the jury will render the verdict Dc
regular courts Of law.
II may not always be easy TO ascertain Wn ,ises
a person whose conduct is annoying IN puD,S 70,
is suffering from sickness or from the eheSi,ss,
uouor In a Pennsylvania case. McHugh as ssnnr,
Schlosser recently decided by the SUPREME. 81
OF that state IL was known that a CUES. ncc,,d
hotel acted in a dlsordery manner and was nd
He had been drinking heavily for Few uAss
the landlord supposed that his conduct was en. ne
due to intoxicaton. The porter actinS unI osi
order. of the hotel-keeper. led the 800 w0
Lack door intn an alleY. ram W