New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-27
FROM BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN THE
COIrRTS.

Of
partments are to revise. form an important sup
nIement 70 the Code of Civil Procedure, which has
many provisions relating the subjects considered
in the Rules of Practice The meetings OF tne
justices of the Appellate Divisions held on Tuesday
and subsequent meetings Of the same judges Will
be Of special Importance this year. because the re.
vision Of the rules must be more radical nan u'a
attempted for many years past ! ne i,ucs VI
Practice" have remained with few changes since inc
Code Of Civil Procedure was adopted lhrS LV,."l, ~
directions the filing OF papers the maklhs 81
various applications to the courts ne conaucIt %
referees receivers and guardians, the control OF
moneys. the manner OF preparing cases on dppea
and other similar matters. 1t has been suggested
that the revisers OF the code might properly omit
many provisions OF that statute. ana leave 10 'iIe
many matters Of procedure In England the rules oil
the judges number about one thousand. anu nav
been construed IN several thousand cases me acts
of Parliament relating TO ptactce anu ;, luz iaft
usually In broad terms and all the detalis are el
in extending the scope of the general rules OF prac
tice would be that needed alterations coud NOR nor
easily be made 10y meeting OF the judges imam
through the action of the Legislature. and on the
other hand hasty and inconsiierate changes would
be avoided.
Among the decisions Of the Court of Appeals last
week two which ended a peculiar cohdiloh Oh
affairs such as cannot exist after January A
piece OF land in North Second-st.. BROOKLYN had
formerly belonged to Henry C. simms. A part of
the land had been condemned for city purposes, but
the street had not been opened. After Mr. Snins
death, his widow conveyed the property whlch
afterTard came into the posssn , the o iv Gour
of Brooklyn, 10 recover from the CITY OF Brookyn
an award for the land taken for street purposes
soon afterward Mrs. Simms began sun asa r,
the CITY OF Brooklyn for the same award mat
case in the city Court first tried. and the Cen
eral Term OF that court upheld the verdict in her
favor The other tried in the city Court
Judgment vas afiirmed by the General Term OF the
Supreme Court. There were then two entirely ire
oncilabe General Term decisions by courts having
a Ike Jurisdiction In such cases. There was some
difference in the evidence In the two cases anu JUS
tce Cullen who read the testimony taken III me
CITY Court case. thought that If the facts there
brought out had appeared IN evidence IN me sc gu
ent Judgment. Appeals from the two inconsistent
judgments were taken TO me h SoGf nne pa m Of
the Supreme Court was correct ana mat OF me oy
Court was Wrong As tne Ky r a be bognn,ng
of the new year. such varying decisions wnlch tend
to bring justices into reproach, will hereafter be I'M
possible.
Another OF Tuesdays decisions in the Court Of
Appeals ends rather peculiar attempt to amend
Judgment which was obtained In 1880 and 1881. An
action was begun a. few years ago by Martha
Haines against w A. Patterson and others, and a
motion was made in the of the PROCEEDINGS to
haye e sas JaBs Mcnn and james Vs.
Gano against Thomas McCunn which had been ae-
cided many years before. The purpose OF changing
the Judgment was to allow execution to issue for
costs which had been decreed The General Term
affirmed the judgment deny ing the motion In snort
opinion saying THE parties having delayed fifteen
years before making any attempt to collect the
the decree in a In which they were not parties.
The Court OF Appeals was Of the same opinion, and
affirmed the judgment
The United States Court of Appeals will open on
Tuesday with a calendar Of nearly $50 cases. The
court at the end Of last year. had cleared its cal
endar and the new calendar is made up of cases
added through the summer months. The work of
the for the last year showed thai IT Will he
most enScye asSstnm 10 Imr sbo5 have
rapidly decreasing calendar. Only about half
dozen certified from the Court of APP
peals. and less than that number mainly from the
criminal branch. went directly from the Circuit TO
the Supreme Court The who.e number of cases
which the Supreme Court may be called on to con-
slider from this most important circuit from last
ysaf WaaS % comSc and sSipmsn are ali
earnest and energetic in their purpose TO dispose OF
The memorial services to the late General Samuel
a. Duncan were attended by an unusually large
number Of eminent lawyers and the tributes OF mem
bers of the Federal bar and eloquent.
Meetings OF the bar TO tell the virtues and recall the
memories Of prominent lawyers were formerly fire.
qucnt but Of recent years many of the best lawyers
have passed away without the honor OF Their MEM
cries. which would have been accorded If the mem
planning for memorial meetings of the bar
The decision Of the Supreme Court of Ohio. declar
ing the Direct Inheritance Tax law of that State
unconstitutional. has recently been officially pub
lished Inheritance taxes have usually been
tanned, and The law OF Ohio not greatly different
ton placed at unusually high figure. estates
OF less than $4,000 being untaXed, and there was
graduated tax on larger estates running from per
those Of less than $4,000 to per cent
those exceeding Sl.Cco.o00 The Supreme Court re-
viewed all the objections to the tax raised
stitutional grounds and decided that the Assembly
had the power to pass an Inheritance tax. that the
statute not in viola ton of the provision that
I'll laws should have uniform operation throughout
the State ana other objections easily disposed
of. The section OF the 5ill OF Rights. which the
cou< thought to be violated by the Inheritance Tax
law was that providing: All political power is in
he IsOllp tONerrfuf j.
their equal protection AMI benefit The exemption
clause and the provision for the graduated tax
held 10 be I'm conflict with this section The only
exemption TO taxation Of property allowed by the
b~ ou9 Of ss 70 each ndyda and d certain
property devoted TO public or charitable uses. In
order 10 meet the objections Of the Supreme Court.
would De necessary for the Ohio Legsla to
duce the exemption to ,2o and to replace the gradu
all estates exceeding that amount
At the recent meeting OF the Incorporated Law So
ciety of England. the president John w. Budd.
made an address reviewing the legislation OF the last
session of Parliament. one Of the most interesting
parts OF his address was an argument against the
extension OF the land transfer registration system,
such as was proposed at the las session. The land
transfer act has been IN existence in England for
over twenty years. but as It's provisions are not
compulsory. It has not been success. Mr.; Budd.
like other solicitors. Is strongly opposed TO the
plan. He declares that delay and expense are not
lessenei but Increased by the Transfer act, ana
which the property was held. he informed ms client
that the property might De transferred Ntnln lew
hours He found. however. that the title had been
istered. and Ell expenditure OF $50 or $40 and
DELAY of some days were necessary before the trans
fer could be made. Mr.. Budd announces himself
&C personally I'm favor OF law by which lands
should always have an owner % the fee simple so
that ia, transfer could be made free of trust
coitaLlc interests Those I'm whose interest stocks
d other personal property are held usually have To
look 10 the trustee personally for security, and
uurrh aeer of the Investment has no concern with
nfh,r interests This fact does not usually render
trust investment In stocks less safe than In real
ronertv and the suggestion s made that transfer OF
land lac made almost easy and rapid as that OF
personal property.
Ecu American LAWYERS would refuse official posi-
ion in. line with their professional tastes when the
income 10 be received was between $1,000 ana &Oro.
a oar Sir Edward Clarke. who dcclircd the appoint
,ntnf as Solicitor-Gencral OF England. the office
'h,nh h.. f,ru.rly held under a Tory admlnisir;tx