New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-10
BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN The
COURTS.

,raar ond will not meet until May 25. The last
nrevious recess was ended only few weeks aso'
These frequen. periods OF recess are hece''a''
order TO enable the judges to prepare op'hio" ou'
they delay greatly the hearing ana decision y, a'
neoIs The work of clearing away the accumulated
osos an tho calendar makes little progress ana the
condition Of affairs is as discouragns 10 n.sA".'
M a, any time in the history of the court Inc eN-
nerence of the Appellate Division in TINS cry ~
tho short time In which 1t has peen III eAiS
shous how great an aid to the rapid disposition ol
cases Is a bench consisting OF larger hume "
iudges than Is necessary to the decision Vi any o"
case BY having court of seven judges, OF Mn ca,
a9 ave-: st at any one time two of the Judges can
constantly be employed IN preparing ras,iY expedited
The Court OF Appeals judges have aiways Ip nm
any considerable Increase IN their h hetter some
nostbod of relief must be adopted the h iurbns
limitation Of the right TO appea TO tne bar and
court will not be readily approved D! ne %
f. NAV be necessary to provide for nf tbe
changes 10y which either secohu d nf i,Jges may
court or an Increase in the number OF Juus' '''
be soon obtained
Tho DESIGNATION formally made by Governor MOT
Ton of Justice William Rumsey to the ApPeia' -
vision OF the First Department does not .n"ne.
,ra connosit,on OF the court, as Justice f'u'n'.s
has been sitting with the judges OF the |p',
Division for the last few months Inc ne" -.
nation was made under the law recentE va .ca NJ
the Legislature, providns , dUi and providing for
ci has in the composition of the courts % IN
Rumsey mas recently before the Appellate d.
vision.
w. Iii, among the shortest filed at the Surro-
o,te.s office AT any time, were offered Tor p'oD"'e
last week and the week before. the one '
week contains only one sentence, ana was 49,,
on the back of a physicians presc''p''o" ~rIs
The sentence. however. contained thr.ee" wi, on
and the will will not stand as the shortest WI" y"
record 1t was said some years ago tnat e aIad in
, lin aver admitted in England was thal nj, 81,
eso T,,u es Probate Court in 1873 consisting ony "a
the words Mrs , to nave ao probate n in LOUISIANA
II consisted only of the words MTs nn much
is my heiress." wills have have been nr.scrpton blank
more peculiar places than pr ssn used There
Srrans OF brown paper have often pen t,v wills
are in the surrogates Once , IN One case is re-
orted in the law books where a VIII wri''e" o "
door admitted to probate
o =, ,ho first OF the opinions OF Justice Shly'n
g., c,v,, cases. which has been printed gives o'ei
nresen,ation of the power OF the courts II. e"
contempt for failure TO pay the amour, Vi S.u
,ess bond given TO secure the release o' soo'' -.
o,,achment The giving Of a raise DON" TO- -
IT., =, tho statute clearly contempt WIZ"
done by a party TO the action OF P.,,.,. 90 con.
ha ,,,ornevs for the person adjuiged sn''F % NY"
~ ~ A. case before Justice Smyih con'en"e'
w., 49,, ,,,,,ng NJ a false undertaking was ho' ="
,, 81 court when done by person WIN "
10, a marty TO the action. Justice S'hy', go
shows by reference to several dec'So.S " Vs. -, a
=, ,,neals and General Term. that me .o V n,hor
rigl,, 70 grant the commitment lhlr' . he ar
right 10 49,, $50 ~ The court person may pe az .
rested and imprisoned for lohs P.' ,,aluable aid
II careiuII{ s,r,,ion Of Justice There may be some
Inference OF opinion as 10 "heln'i 'H,,,id he in
nrnneriv a contempt Of court that " s DO mower
Wopeii..i mat de0ni;on but IN some way me ~" -
shouli rest I'm a court to compel IN. w ne dcbtor
ludgmeni WI 4, ,mnosslble 10 obtain the amount
which Otherwise should be obtained
,r, r,orres,ic Relations law. passed by ''e ms
ro,,s,,,ure has been printed IN fun IL j. o,'' 20
49,, oos, valuable Of the codihcaiions carrier o"'
u,Aer the powers given to the REVISION 'o'' 1
stor because the laws relating TO the SUBJECT IN,
nreviously been scattered through the IT '"'1 -.
OF many years. The laws relating - mo- 80.
the rights and liabilities OF huspahps AZ"
,h adon,ion OF children the appoiin ,,,
the au,sr6ians and the relations OF appt.
pOT se,vants are included In this act mi ~ lin
are for hange but II is probable tina, some OF me
PROVISIONS will be found on close 30. change I'm
elH2ation The law contains only my
but the plan adopted IN some o' between each
laws has been carried out, % eav'ns seG FOR sec.
n,r,,cla sone numbers which nav De ISL V'
ttons II further provisions are arm section Z. and
nr,,cie begins with Section 90 rms VII h ~, ..
he awkward necessity OF having sec''o"S WI" -
~ or &C. after the nuinbe''
Tho iiab OF
.,a wronefu shooting Of prisoner Is discusseu !"
an Ohio case. which has just been reported o,''
rn,rsbal arrested a man charge OF mlS'e-
raanor and the defendant escaped. Inc MAJ
sbal drew his pistol and shot the man "ho'" Nv "'
arrested as he was running away. IL was 0o"-
oeaed ,ha, the officer had no right 10 shoot '"e
nlatntirs IN attempting capture MN as un,
was brought against the oihcldl Dohusi i -, 10
mao bT 20 recover damages for the injury 10 inc
viewing the cases In several states, Icci"es va,
action might properly be nrGuFn c,ses and in some
others IL has been held that me sur"'t's ~ ~. 70 a
Ger were not Tss1o on n ib Attempted discharge
that the 81 relies are responsible for Injuries Gone
Nebraska case 5ner,f nnens ana whiin ARISING
| him shot and wounded him. Another oihccr VINO
assaulted prisoner while tahng nm TO 3a md T his
| held have violated hls oHcial u"'S' anu '
| sureties were held responsible
1.-THE Counsellor" the journa! OF the Now-York
law School contains in the latest number published
| articles by James 8. Lawson James r. Fancher and
| others Mr. Fanchcrs article describing tho
| method Of collecting a fine imposed upon corpora
| lion for contemp; OF court, contains much inter
estinq information TO the early procedure In SINH
lar cases. leading up TO the decision IN me case o,
| Taber against the Manhattan Elevated Railroai
! romnanv rendered not long ago by the Court OF
| Appeals.
| The Editor OF advance Reports" a Philadelphia
law periodical. calls attention TO the rules adopted
by the State Reporter In reference 10 citing some oil
| the reports Many lawyers carelessly use simply
the initials Of the authors of the volumes OF reports
! without remembering that there may be several
| series 10 which the initials would apply. For IN
stance the citation. H. q a. 20. might apply to any
one of five series Of reports quoted by the Pcnnsyl-
| vania Judges The initials s. Il s. might apply "a
any one of three series of reports ana the initials
| NJ g. G. 10 an equal number. Authorizations which
| have been suggested by the State Reporter Will oh.
| yiate much OF this difficulty without rendering II
necessary 10 write out in full the names Of all tho
| reports.
| An English Judge has taken an ingenious method
OF complying with the letter OF the law. and at the
same time doing abstract justice In case in which
| the law was on one side and the equities of the
| case on the other. A money-ender summoned sew