New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-17
BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN THE
COURTS

COURTS.
The approval by the Governor OF the bill limiting
,he right OF appeal 10 the Court OF Appears III
certain cases where the decision OF the Appeiiarv
Division Of the Supreme Court Is unanimous "'
probably have a marked effect in preventing 'he
continued accumulation OF cases before the hishes'
court of the State. The limitation IN negligence
cases IS especially important, as much tine IL
occupied in the consideration of these in the appel
late courts The general principles OF negisehhee
are by thr time so well settled In TINS Stale md.
The anal applica;on OF these principles TO the acts
of a particular case can be SATISFACTORY mr. -,
the Appellate Division instead Of by the tomrL q,
Anneals While some corporations against when
suits are frequently brought may OBJECT 10 ts ma
;heir counsel will rejoice. a final determination
in case in which verdict is recoKert ia o w,ih
orr the long delay which is involved in an appear
10 the Court of Appeals.
The decision of Justice Pryor made al spec, I,.
Term last week allowing the opening OF deiau''
which was Intentionally allowed by lawyer "''o
was mistaken in his act Is In accoiu WI" t'o
decisions in New-York State. The courts III .'i'S
State have been more LIBERAL and more Just 10 h''-
gants than those of other States party 10
New-York action is not allowed to suffer without
relief by the negligence. ignorance or frauu Oh MS
attorney The abstract justice of the position 'ake
by the New York courts is unquestlSheen any ~,
nary and his attorney are. for all purposes 1nG,
Trh close identification OF lawyer and client which
prevails in other sfes sd of 10 h %e old
speaking always as II tney %ef feerding a criminal
may even yet in some Of the G2ur nre oT accused Of
make such remarks a. and we do not deny that
were in the premises at night. hut We uJ 1' We
Mere drunk when we went in there and We didh
know what We were doing
Two bills relating to jurors Were 49, ,n.o
Mavor last week for his approval. One allowed TWO
wears excuse from jury duty to person VINO
served in court for twelve days II there are
sufficient number Of persons upon the jury "' ,
allow Of service only once In two years Wv ,r,or.
will be heartily approved by bushes osTsoms Of legal
age and having the other necessat! pn,ier SER
70 allow OF jury list large enong. 70 The transfer
~ the RICH, to serve notices from the SheI -. ani
& oments In some respects a change in the
present system would be desiraoe'
publIshed announcements have been made OF 'he
date OF the examinations by the state Board o'
Law Examiners and pupils In the various ia"
schools are preparing anXiously for the oruea''
Tho examination in this city will take paceat the
Courthouse Of the Appellate Division on June "a, w.
~ q a M and in the Second Department. az tn'
brooklyn COURTEOUS, at the same time. me MI. eH
aminat.ons in the Third and Fourth dehdip Ss
Ter ter fluctuations must be submitted by June l.
The number OF applicants VIII LroDapg gre ee Of the
most popular OF those held
Tho wisdom Of the method adopted by the New
York LEGISLATURE in the printing Of Dills "rI''e"
ont by the clerks Is illustrated by the experience
., the Ohio LEGISLATURE at the session when re-
con,lv ended The Torrens Land Act passed by
the Legislature shortly before It's Adjournment mas
lust been printed in the official FORM but man
defects have appeared. In some cases tle en- "a.o
BIZ differs in whole clauses from the law as IL was
supposed to be passed TWO hundred ahu toi 10
new acts we're Med IN single day to"dr1 w
close OF the session 1t was practically imIoSs'Re
TO compare the ensrossed copies c"IrtLlN, az, ,bv
clerks were Overcro~dod with NorH that ny
could not use the necessary care IN their "orA
c. L. Bonney. Of Chicago. has addressed 10 the
members OF the Chicago Real Estate Board let
ter condemning the judicial system in COOK county
Illinois The expense Of maintaining the courts OF the
county was 5000" last year ana there were
other legal matters increasing the total TO over
$4,000 Mr. Ronney says that In Illinois q per
cent OF the decisions rendered are on questions OF
procedure and 80 per the merits OF the case
In the Territory OF Oklahoma 81 per cent OF the de-
cisions were on the merits. The estimate Is made
that $4,000 Of the amount expended hy the city on
courts and legal expenses Is given 10 decide qu'N
tions OF procedure. Mr.. Bonney charges that inc
courts are inefficient and especially calls attention
/ 20 the section OF the Constitution which provides
that all judges OF inferior courts OF record sh"H
Jointly report in writing 20 the judges OF ihe Su.
as their experience Will sugges ana NAT me JliK's
OF the supreme Court shsll !o.niy IrpErt 10 "''s
/ q
! Constitution and laws az they may ma 70 "Nist
with appropriate forms OF bills 10 remedy me De-
! fectg Nr Ronncy !utimates that the judges have
no, carried out the constitutional provision. - ne
offers TO pay all the expenses OF the pNhlratlon OF
all the reports Of the various Judges ior ne twenty
six years since the consulurcr took effect y nc
| proper committee o; the Real Estate Board VIII
/ obtain the reports
The comparatively few lawyers VII, practlsel a,
the bar forty years ana are stii active Ia their
profession VIII De doubiy glad that the fame ~ 20
great a LAWYER as ~ .holas HI suitably recorded
! in a current magazine. Matthew Hale. 4 Albany.
contributes to the May number OF Tho Green Bag
an article u several pages upon Mr HIs career.
Mr. I'M was 80 essentially a lawyer and had 80
little 10 10 with political affairs hat few outside
OF the older members OF the profession. AMI those
/ who are particularly Itefcstei IN ia" history ~
the bar Of the state know ho" high was the posi-
ton which he heid IN the ranks of his profession.
For many years he wa. the principal counsel in
many Of the most important cases argued before
the Court Of Appeals Ia his lifetime travel to Al
/ bany was moro difficult than at present. ana Law
/ yers I'm otne- parts Of the State frequently sent
4 briefs 10 Albany lawyers who argued the cases In
the Court Of Appeals. Mr. iIlll hll an especially
large part OF this desirable prace In the appcl.it e
courts. His briefs are among the ab.ct To b. found
in the records Of lawyers paprrS Mr.. hhl's ar,
tlcle sets forth without undue praise "A record ~
/ some Of tho most important OF Mr.. IiNfs l"gtl
/ achievements Another interesting article IA I'm.
F Green Bag Is that upon the supreme court of
Mexico and the judicial system Of that country.
/ written By Walter Clark.
A peculiar dog case In the Queens Bench Division
/ I'm England arose over injury inflicted a cas
| horse by a dog which had been riding with two
/ men in the cab. one Of the men wa3 the owner Of
the hotel In which the man to whom 'he dog be.
! onged had stayed. The owner OF the dog went
away for a short time. leaving the dog IN charge
OF friend. who was also stayins at me note Ihe
keeper. and the Court held that In the absence OF