New-York tribune., 1896-02-02
BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN THE
cor I,

COURTS.
The Appellate Term Of the Supreme Court held It's
first session last week. 1t was organized to hear
appeals from the City Court and the Civil District
courts The Appellate Division Of this Department
selected three OF the abest judges Of the late Supe-
rior and Common Pleas courts Justice Joseph +.
DAILY who presides. has in an especial degree the
respect and affection Of the bar from his UNIFORM
courtesy and consideration to lawyers well as his
strict fairness and the ability which marks his de-
c.sons Justices David McAdam and Henry Bischo1'
who assist him. had each in his court high reputa-
tior, for ability and industry. The court though
largely concerned with disputes small amounts
OF property is called on % consider questions which
are often intricate and important. Some OF the
chief law firms in the city were represented IN the
among those who argued questions on appeal No
court Will have more important influence on the
property rights OF the great mass OF residents OF the
city.
The surrogates change places this week. Surrogate
Fitzgerald taking the Trial Term and Surrogate
Arnold the Chambers Term. The inconvenience aris-
Ing from want Of in the Surrogates Depart
ment is increasingly felt as the months 20 ny The
Chambers IS now held the small and inconve-
nicntly situated room assigned to the Surrogate on
the ground Of the Court House except when the
tiialroom the main floor is not otherwise occu-
pied. There is only one courtroom for the two
terms. although both judges constantly assigned
and there is work enough for both courts on Ger,
tain days the room Is occupied for trial work and
then the chambers judge cannot occupy ne pehch
two months has succeeded In disposing Of large
proportion of the which had fallen IN arrears
through his Illness.
Among the cases decided by the Court OF Ap-
peals last week were two settling important ques-
tons as to which there had been few previous de
clslons of the courts In the case OF Hart against
Kin the question arose whether the statute OF
limitations ran against person who was out OF the
State for the period Of year. but who retained
his legal residence here 1t was held by the Gen
eral Term that A person who ef: the State and
stayed without its limits for year brought HIM
self within the meaning OF the law which provides
that In counting the limitations OF time within
which a suit must be brought tho period. when II
exceeds year. Of the Defendants residence out or
the State is TO be deducted. 1t was held that the
word "resdence" did not mean legal residence. but
that a person who maintained his domcile in this
State tut was absent for more than a year. had
his residence out OF the State for the purposes of
the statute The Court OF Appeals has reversed the
Judgment unless n considerable reduction In Its
amount Is made. The opinion has not been printed
in full but the Court of Appeals probably takes
different view from the General Term as to the
meaning of the words residing out of the state
in the statute Of lmitatons IN me case OF s anna
Appeals has affirmed the decision OF the General
Term the responsibility or reslduary ieg"tee
for the payment Of special legacies Nj Taylor re-
amounting TO several hundred thousand dollars.
whIch Was to be paid to The elder Mr.. Taylors
mother-in-law. and at her death the principal was
10 go TO Me. Gilbert. the plaintiff. The executors
Of the estate wasted some Of the funds. and dd not
retain sufficient amount to pay OVER i 'he pTn'pn pa
residuary legAtee and obtained Judgment which
has just been affirmed
In one OF the cases decided by the Court Of Ap-
peas last week the amount which Will be received
by tho plaintiff will be far less than the costs
which he Will have TO pay. mechanics Hen was
filed for about $500 but only the sum Of 81 o5 was
allowed to the plaintiff. The costs were entered
against him and he took an appeal The case has
been several years In the courts, ana the decision
of the first tribunal has been affirmed. While he
will receive his 81 O. he Will be compelled - pay
costs amounting probably to several hundred dol
lars.
Among the most interesting addresses at the meet
Ing OF the Illinois State Bar Association few days
ago was that OF Judge James H. Cartwright. OF the
Supreme Court. in which he spoke OF the briefs and
arguments that most helpful to the court and
that Of Assistant Attorncy-General VI. L. Newell
on How Law Books Are Made" Mr.. Newell has
written several text books. besides preparing vol
umes OF Appellate Court reports. His description
OF the method which he adopts In the making Of
law books was OF interest He gave Illustrations
founded the preparation of hts work on lhel
and slander. He divided the work into many sub
divisions and I'm reading the decisions OF the courts
OF the various States ne mad" extracts which he
filed In pasteboard boxes hearing labels correspond
Ing 20 the divisions Of the work When the ma
terial had been gathered, the slips IN each box
were read over and an cndcavor was made 10
OlHlNldi' b'''ih' l''' ~ i''''' ~
the general rules referred TO In notes other
paragraphs Mr.. Newell, to Judge from the ac-
else than some authors OF legal trcailses
who trust TO assistants not only The collection OF
the materials. but much OF the arranging OF the
literary work.
The decisions OF the Court OF Appeals Of the Dis
trct Of Columbia I'm the Mcntire cases have Just
been published in "The Washington Law Reporter"
They disclose frauds Of unusual extent and mean
ness. Edwin A. Mclntire. according TO the judg-
ment OF the Court. procured from ignorant
hding persons deeds Of property to Emma Tay-
lor." and aftcrward fled deeds signed by that name.
conveying the property his sisters other rcla-
tivcs. IT shown the trials that such per-
son as Emma Taylor existed. though McIntire
might have used one Of his sisters TO represent her
the sister sometimes known Emma Taylor
McIntire The most interesting legal question de-
prompt enough in taking action against Mcintre.
In nine years had elapsed after the
made to set them ASIDE. The plaintiffs Were how
ever. simple minded colored people who trusted en-
tircly I'm Mclntire's statements. In another case "A
woman from whom deed was obtained had little
education and sick with consumption She died
not long after signing the deed leaving n daughter
only thirteen years Old who dd not begin sui; until
she became OF age. The Judges held that there had
been no unreasonable delay. In OF the oases the
attempt 20 set aside the conveyance unsuc-
cessful there was no sufficient proof OF fraud
OF the Ohio cases recently decided one Of III,
most interesting that OF Moore against the cs-
tate Of H. II. Dcvenncy. Devonney had for many
years been inspector Of steamboats, at Cincinnati
but he was SICK and innrm for large part OF the
time he made "A contract with Moore who was In
spector OF steam boilers TO do his official duties for
him at n certain monthly salary. He did not pay
the amount in his lifetime. and Moore began a suit
against his estate for $3.50 Judge Wilson has held
the contract void az against public policy. While an
officer might employ deputy TO assist him. he had
right to turn over the Office to another and allow
him TO conduct II for consideration. This was
especially so, both the inspector OF steamboats,
and the inspector OF boilers were provided for bv
law and members Of an examining board for
applicants for appointment as engineers In the Cow
ornment service
The hesitation of judges and lawyers in this conn
try to bring to account members Of the bar who
have been guilty Of dishonesty neglect Of the in
terest Of their clients Is in marked contrast with
the sricness Of the English courts. \ single issue
OF "The Law Times" Of London, contains a record