New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-05
BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN THE
COURTS

GATHERED AMONG LAWYERS AND IN THE
COURTS.
The United States Supreme Court. which has
taken a until Monday of next week. will hear
arguments for only few weeks more before adj
journing for the term The day of adjournment is
fixed as May g. but the cali OF the docket will
be suspended on MAY the number of cases which
can be heard is small The justices do not enjoy so
long a vacation as the recess of folr months would
indicate. They will go circuit duty and their
time will be occupied in the Circuit Court OF APP
peals Tor from TO two months. With the ad-
diiional number of circuit judges grantee a it"
years it hardly seems necessary that the
Supreme Court justices should any oiser be
troubled with the performance Of circui, duiy, al
bringing them into relationship with the members
of The bar of several States. and in making thelh
acquainted with the personal characteristics OF the
Federal judges throughout the United Sta.e TWO
Court would enable the justices Of tina; court more
quickly get rid OF the accumulated appeals ana
comes to them from the lower courts each year.
The Supreme Court Appellate Term in an opinion
delivered last week. has settled the practice IN that
Court TO the reargument OF cases and laid down
rules which will enable practitioners 10 determine
whether they have reasons to believe that motions
for reargument will be successful The Court de-
clares that the motion papers shall show that some
question decisive of the case and submitted by the
counsel has been overlooked by the Court or that
the decision Is in connect Win statute Ol
ling decision which the Court has overlooked or TO
which the counsel has called attention; or that
since the decision which may be ahGctea by tae
reargumeni the Court of Appeals or the Appellate
Division has decided in opposite way precise
point passed upon by the Appellate Term Even IN
the last mentioned case. there must be DOUBT as 10
the correctness of the decision of the Appellate
Term The denial Of motion VIII carry Try VIM; II
have in some courts become frequent as TO De a
before those tribunals Inc peiialty lot an Iilsu.
cessful motion might Wei De MADE rea,er ano coses
be inadequate. When lawyer has once won his
case in an appellate court nothing Is so DIS
argument and to be compelled again to go over much
OF the ground where he has once beaten ms ad-
versary.
Another decision Of the Appellate Term regulates
the practice as 10 appeals from that tribunal 10 Inc
APPELLATE Division. The practice is made similar 10
that formerly prevailing in the Court of Common
Pleas on ike motions for leave TO appeal 10 the
COR, NJ Anneais in actions begun in the City and
6ic 81 cc1ris The rules as to such appeals were
laid down In many decisions and the practice ha1
segsnv 50 are best ayoed by following the
course which the Common Pleas formerly adopted
The April term Of the courts opens tomorrow In
the United States Circuit Court there Will be three
Jury terms Judge Gldersleeve is assigned to the
Criminal Branch OF the Supreme Court Several
wears have passed since he last presided at crini
Court OF General Sessions makes him thoroughly at
home in that branch OF the court Justices law,
Sn sn al Term. in which motions ana
business transacted The Court Of APPEALS a as,
meets tomorrow. Many important decisions VIII
doubtless be rendered this week in that couri rs
the Judges have had time for consultation ana he
preparation of decisions on the cases submitted 20
them before the recess
A bill which has recently become a law provides
for the revocation Of designation by the Governor
| of Justice for the Appellate Division 1t Is de-
signed the cases Of one or two Jusce re VINO
able to perform their duties IN the Appellate pvls;
ion temporarily Suc9 )usce may the NEW law
| Asse:nblynan Austin introduced this measure a. !,e
has several others important to lawyers ana afect
| ing the courts.
Two editors Of Ohio law journals who have car
| RED on their publications in apparently peaceful
rivalry for the few years have all at once begun
| 4 bitter warfare Of words such as is fortunately
| uncommon between such periodicals. The ONO
| Legal News started in to reprint some Ola ONO
| decisions and The Law Bulletin. OF the same
STATE soon afterward announced the publication ci
a somewhat similar series The reply o, The
Legal News to the announcement Of IS rival was
! quick and vigorous. Some ~ the 'Ator.a! atucl''
| with which THE News editor has caught the az
tenfon of his readers have all the strength OF cpl
tibet which was used 10y frontier newspaper cIitors
iop Of The Legal News auics to his rival: In
the first place he has not nvfd IN Ailert h .ons
| sight precision. Then he thinks N German ana
talk tall ' Enssh But he not to blame for mat How
could you expect him. when h THINKS y Du,,h,
ann t ~ COW = Straigbi English sentence correctly?
He cannot spell me nhnf OF mS own na al bam for
! that. The conflict in his mind That arises between
| MS English and Dutch Is enough TO adde any such
| brain Now. we 90 suppose he did 1t purposely,
Du such was the condition Oh What N o,heis gov
his proposed reprint" AZ further revenge The
ISwe ba base by the Tee.anre in rivalry with
! publication by "The Law bulletin, ana an an,
may reprint at a low price series Of reports, OF
which THE Law Bulletin" has heretofore had
monopoly.
Among the articles in the current number OF The
! Banking Law journal" one Of the most important
is that on 'Thc Consequences OF Dishonoring a
! Customers Check" The writer. considering the
subject from the point Of view Of the bankers seems
20 think that the courts have too far In allow
ing the recovery of money for the injury TO a mans
credit by the failure to pay check, although there
was money in the bank to meet IT. In most OF the
cases the amounts recovered have been less than
81 90 but in one case a Nebraska jury gave YER
dict for $4,000 against bank In an action by an
injured customer. hut the Supreme Court Of the
State granted a trial. The failure TO cTcdt
money 10 the proper accounts. or TO Include the
proceeds OF notes which have been paid ana o'nsI
errors Of bookkeeping caused III" dshonorng OF the
checks IN most OF the cases. The injury 10 buS,-
ness mans credit by q failure 10 pay check which
he had drawn Is aways b , he 0n1nt
OF view Of lawyers VINO are not attorneys Tor pahks
wou'd S holIn ma banE TO rcspdnsbIity for mis-
tales which cad to such nJqs'ce to"ard cuSoh'rs,
a monthly Publication Increased in SIZE ana has
! complete collection OF news and notes In reference
! 10 banks ana Of the new laws and judicial &C.
cisions affecting them.
The Canadian law schools contain some bright
Young men and many OF their witty sayings ani
! doings aye reported IN THE BaiTstrr," the most
entertaining as well as the most ably edited legal
periodical Of Canada. In one Of the aw-school
classes an attempt made to train the members
to active practice by forming them into law hrms.
u-ho in all 8, Is OF choosing
their Own clients and carrying the trials in their
| own way. on" OF the rules was that no one could