New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-18
FROM BENCH AND BAR
GATHERED AMONG LAWYERS AND IN THE
COURTS

The movement to secure. III POSSIBLE ''c "PPo"
mcnt OF New-York Judge or lawyer as the sue
oas,or ~ Justce Jackson in the United States SUI
rrame Court has been heartily approved without
reca I'd to the political belief OF those who nave us
cussed the question. Lawyers. not ohiy u" ~
York City, but in other parts OF the STATE nav
been mentioned who could worthhy HI '"e pa
on the Supreme Court bench. The Second Ut
cu,t is now without representative. and strong
influences will be brought to bear to induce fres-
dent Cleveland to name w-fork man dS' -, o"e
vacancy II the appontimennaa ser TO name desirable
candidates as many OF the prominent lawyers OF tne
city are Republicans There on} Pie those have been
urged upon the attention of the rresTen' Wiz
known to be politically acseptaphe he popular act
and Just recognition OF the greatness OF Ne" h1h
State and the Importance OF the "'s""o"
arises here.
The yaw institute Library, which Is USED oy many
downtown lawyers, both to consult authorizes anu
n draw ont books for use at their offices, VIII De
closed for two weeks beginning tomorrow. one noun
OF each day. between 10 and II O'Clock In .he MON
Ing will be allowed to members VINO WISH ~ u, ..'.
out from or return books TO the Iiptas tho hooks
weeks closing Is necessary in order that % nd
NAV be busted and rearranged on the shelVe h ar
the library put in good veral improvements
have taken place in the library wltnin .ne Ia" -
few months. and although sufc's s'a,ss aubor
ties for the proper display Of the books ana pr
use Of those who wish 10 than those Of
other years.
The tributes TO Associate Justice Jackson OF the
Supreme Court which have appeared IN many ia"
Journals, show a high appreciation OF MS qua"''e
though he had not served long enough OH inc oe"'
to impress himself strongly upon the r important
cases His action in the Income Tax cases, ~ nt
a ra al sge he was one of the minority judges
His record in the memories OF lawyers I ni a
cipally upon that which is known Oh MN Il" few
United States Circuit Court Judge ana on sary rew
opinions rendered in the nrst year u ms
the Supreme Court pehch'
Pennsylvania juries sometimes render queel 'e.
diets, and the Supreme Court OF the "'a'e mas
Gently had occasion to set aside s'rahse "'''"e
Of a Northampton County jury. dealer IN iru''
and veqetables wrote to a grape-grower asking
him 10 ship 1000 baskets of Concord grapes anu
afterward ordered other shipments. He dld not pay
for the grapes and instead Of being a nader .e law
which makes IL crime for consignee or factor
having the possession of merchandise 10 ulsp n -
II with fraudulent intent and apply the mohe', "
his own u.s.. The fruit-dealer received grapes ire
quenty on consgnmSnt ana for ne himself h,s In his
first order the rutgrower he said that ne wenu
handle all the grapes hPPed Th m goods S
without any statement as to PfSe we're 10 be sold
The dealer afterward declared that he bought them
outright while the grower SAID tnat lney Ssys
that the letters show that the business was con-
Quoted with almost incredible looseness on oo, y,
sides The seller did not know what ne was 10
get for his goods, the cost according to r ms
theory Of the was to n, de 5sar Wbe ON nR Re
other hand the buyer of the grapes ACCORDING 20 10
Without knowing what they had cost him &C or
whether he making pront or loss; ,vi me
the ordinary principles OF business care and pru-
dence but the judges could see no PROOF tnat theLe
had been any fraudulent misrepresentation Of the
fruit by any one to whom 1t was intrusted as
consgnee.
hoop hofo no
of Columbus, Ohio in probate proceedings. Hugh
Rakely owned a house and lot in Goodaie-st. lie
eft it by his will for his daughter Margaret 10
use and occupy long as she remained unmarried
The property her marriage was to go 10 Sarah
Louisa. Robert Willie and Samuel. other children.
in the order named. AS each married the next In
of the young children of the family. When all the
children had married. the property was 10 pass 70
each in turn of the seven children. including the
older ones. who had probably MARRIED neiore .ne
% Of fhe propery fS o FIVE and then
1t to the next in succession ii any one Ialeu 10
or she was deprived OF the right Of occupancy for
one term and must wait his next turn. The last
Provision was made for the forfeiture Of possession
in any heir refused to allow arbitrators TO
decide disputed questions as to the occupancy OF
the house.
An Ohio Circuit Court recently considered a case
which is recorded in the latest number of The
to a litiga ton tried to new trial because
OF the ncompetency and misconduct OF juror II
was alleged that OF the jurors was deaf lie
through the trial Of the case. which was con-
sdered by the Circuit Court without d us
ing. lie afterward called In another case, ana
ron TdS hear r iperect The Circuit Court refused
TO order new trial of the case on me GROUND that
sired To- learn the qualifications of the juror 1t
would have been easy to find out by few ques;
Judge. after his attention called to the matter,
made some inquiries and was SATISFIED that the
might have been able to understand the evidence.
on the same trial juror who was examining me
suit arose made remark to one OF the other
5rt 50 be 6h na Pu esmony o
doubtful whether the juror had made exactly mat
mai the Circuit Court refused to interfere, and
the trial in which such difficulties were developed
An Illinois Appellate Court recently set aside
judgment obtained a promissory note given by
a minor The note contained power OF attorney
to confess Judgment. and 1t was argued that upon
the authority Of this power a judgment might
properly be entered 1t shown that the boy
hought n horse and there some evidence that
the animal was diseased and OF little or no value.
He. however, gave promssory n NOT IN paymehs
Appellate Court decided that the judgment couid not
be sustained though II ne mao e sne 70 returns
+ 70 the original owner before he could obtain
relief from the obligation Of the note
The long vacation Of the English court began on
Tuesday of last week 1t will last until October "a
Many English lawyers think that even this vacation
of ten weeks Is too long. The New-forK vacation
stretches over three months The number OF Judges
sitting through the vacation to hear motions and
similar applications in England is much smaller
.han in New-York City. one Judge sits In open
day of the week to hear chancery mo-
lions and another court is open Tuesdays. Thurs
days and Fridays. Applications and motions can
thus be made only four days of the week, and only
one Judge is in attendance instead OF three or four,
L. Lii. of iudges REQUIRED