New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-18
HEAVY COURT CALENDARS.
CASES OF LONG AGO WHICH ENcUMBER
THEM.

SOME SUITS ARE STILL CALLED Up PERIoDI-
CALLY. ALTHOUGH NO STEP HAS BEEN
TAKEN IN THEM PoR TWENTY-FIVE
YEARs-cLIENTs WITNESSES AND
LAWYERS DEAD INSANE
OR MISSING
The calendars Of the courts are burdened with
old cases. some OF which 20 use the expression
of an old lawyer. are living but in decidedly
comatose state" while others. to quote another
LAWYERS expression. dead but not buried
Other cases there are. especially in the United
States courts. which have led a lingering ex-
stence before masters IN chancery or referees
for many years and which may in the course OF
other years hope 10 be disposed of In one way
or another.
A few Of the cases on the Supreme Court and
Common Pleas calendars are more than thirty
years old In the Oldest one issue Joined
on December g. 1863. The lawyers on one side
were the old firm Of Brown. Hall g. vanderpooi.
Augustus L. Brown, an old lawyer famous In
his time was at the head Of the firm. and Aaron
J. Vanderpool VINO died a few years ago. was
another member A Oakley Hail. the remaining
member Of the firm. still survives. though he
has gone through many vicissitudes. and only
recen tlv after long absence abroad began 10
take up again the duties Of his profession IN
this city The firm OF Benedict & Boardman'
which appeared for the defendants. has been
superseded by a firm bearing a different IKE
Some of the successors Of the lawyers formerly
engaged on the case say that they have not
heard Of their client Tor many years, ana IL
is difficult even 70 find a record in their DOCKS
concerning H. Il. however. appears ana re-
appears at each call Of the calendar and each
time is marked at the request OF the lawyers
Reserved generally" This action Of the law
yers allows the case to remain on the cdTh-
dars so that either side may call 1t Tor tiai'
If such action is deemed advisable but as d
matter Of fact nothing is done NO l"ior"'a
tion having been received from the clients anu
no Instructions having been given to discontinue
tho case il is allowed to remain In sort Of
half existence through successive years
SLEEPING; FOR TwENTY-sIX YEARS.
An inquiry concerning one OF the cases over
thirty years old appearing on the calendars de-
yeoped the fact that the lawyers had TOT hea'u
from their client since 1869. II was not known
whether he was dead or living. In some cases
the name Of the law firms which originally APP
reared In a case are no longer known 10 the
profession The old irm Of Marsh & Naihs
was long ago broken up by the retirement OF
Luther r. Marsh. once among the leaders OF the
bar The names Of John Fowler. jr, w. r.
Shepherd Nathaniel p Rogers and others
whose names do not now appear among the lists
of LAWYERS are place! beside the names OF the
parties to some Of these old litigations
Tho action entitled "New-York Guarantee and
Indemnity Company. against William IL WICK
ham" which is twenty-seven years old recalls
the early history Of the company which originally
did business principally on warehouse receipts
and was exceptionally prosperous for a time, but
then ceased n be important factor IN the
financial world until it revived and began
business anew as a trust company. closely anil
ated with the Mutual Life Insurance Company
Ex-Mavor Wickham. the defendant. died long
ago
Tho cas. NJ the Board Of Commissioners of
pilots against Herman F. Livingstone & Co.
nearly twanty-eight years old. is probably one
- that large cla=s Of cases in which the Com
missioners Of Pilots long ago sought to prevent
tho Cumming # refuse in the harbor The action
If the pilot Commissioners al that time had the
offac Of driving the offending contra ors furthet
ont AZ sea 10 dispose Of their loads Of refuse.
A member of one Of the leading law firms Of the
city said in spe king Of these old and haf-for-
gotten cases. that many reasons might be as
signed Cor keeping some Of them on the cal
ondars In some cases witnesses had died ana
clients promised 70 endeavor 10 find other testl-
mony 10 take the place Of that which was lost.
The attempt may have been partly successful
hut sufficient evidence had not been obtained 10
induce the lawyers to press the case t. trlal'
and f. had been allowed to remain untried, but
still I'm position 10 be heard II new develop
ments occurred In other cases settlement
had been made but no dlscontln lance Of the
case had been noted. A witness or a client
MIGHT have become insane or remained so Tor a
long time. and yet hope of his recovery might
pot have been abandoned. In other cases the
defendant was not in such financial condition
as H. maize judgment against him Valuable
but the actions We're continued In existence IN
the hope that he might after time, become
financially responsible.
IT HAPPENED BEFORE THE WAR.
The appearance Of ghost Of one OF the oii
Judges could not have more completely started
the clerks Of the Superior Court last week. WIN
q notice of trial was flied In a case where the
plead.nes had been exchanged over thirty years
ago ~ attempt 10 dispose Of the case hai
been made in that time but an offer may no"
/ be made 10 try il o.. 10 discontinue 1t. II is the
/ caee Of Garrett W Ryckman against James
G. Holden The counsel for the plaintiff was the
old firm II Bebee. Dean x Donohue, "hlch
/ many years ago had A large practice TX
Judge Bebee died long ago. and eX-Judsf
| Donohue served full term on the supreme
| Court bench. and retired many years ago "a
! private practice. Some Of the papers OF the
/ firm were scattered. and those In this case Were
In the hands Of the plaintiff who not long as
gave them TO a young lawyer. who brought the
| case into court The cause Of action dates PACK
! thirty-hve years and Mr. Holden who Is no"
president OF a financial institution was a mem
Der OF the firm OF Holden. Hawley CO.. non
merchant \ part Of the building Of the firr
was used for warehouse purposes. and Il IS
charged that several hundred bales OF hopS
which were stored i'm the warehouse were IN
jured The counsel for the defendant was =