New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-08
BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN
THE COURTS.

Appeals apply for examination for admission to
the Bar. The State Bar Association. through one
Of its officers has objected TO these bills. and the
Court Of Appeals judges also opposed to them
The requirements OF the rules OF extraordi'
narlly severe and the court may Itself make modh-
cations in any particular case where good cause
appears. Certificates and other papers may by spe-
cial filed of earlier date, and in other
ways harshnoss In the enforcement Of the rules
may be avoided. The matter Is one which has been
left in general the Court Of Appeals. and any IN
reference by the Legislature is TO he regretted
Another bill which has met with opposition among
lawyers is one providing that IN actions for IN
jures arising from negligence a notice must De
ficted informing the defendant Of the time. place
and circumst ances OF the occurrence Railroad ana
aW b their cars boats or vehdes before they
take advantages Of its provisions The strciness OF
experienced persons who were injured in aceiden;s
time afterward. INSCRIPTIONS agents OF corpora
tons ght also prevent the recovery or oauiases
ment OF claim and keeping the injured person person
from filing notice until the time had eHpi ion.
already find it difficult enough successfully TO carry
on these contests. and the enactment or SUCH a law
as that which is proposed would further embarrass
them.
The bill providing for a restriction OF the right TO
appeal to the Court of Appeals is supported by
arguments from members OF the State Bar Asso
caton showing the almost hopeless condi'ioh OF
the business OF the court. There is a steady IN
before the court appeals were taken two years
ago excep. those which are placed by law upon the
preferred calendar. If the same accumulation OF
cases continues the court will in a few years more
be four or five years behind Its work. Inc great
wrong and injustice 10 sutors by these Delays Is
unquestioned, and the only difference OF OPINION Is
as 10 the method OF relief. An increase In the
number of Judges OF the Court OF Appeals is the
plan least favoraby considered by lawyers. Many
believe that a second division should again De
created TO aid the regular court. constitutional
amendment would be necessary before such an al
ditional branch OF the court could be ORGANIZED y
restriction of the right appeal is not popular ana
would only be adopted because no other feasiole
plan presented itself Some lawyers doubt whe'he'
the present court = active In dsposihs OF cases
as it should be. The Judges keep at work reg
u,arly but there seems TO be little ambition ABOUT
d!spos.ng Of cases quickly. The Appellate D.vis;on
in The FIRST Department approaches lis WORN WI
hovrht H. eore II within the year The number Of
acted upon by me Genera c,'' ~. "a, an
that disposed OF by the seven judges OF me H6ur o.
Appeals The court. while industrious Is uenp '
Coul5 be renl, red In many cases. and that others
could well be disposed Of without written Opinions
The Court OF Appeals last week decided II"
criminal cases and several civil cases. The Carr
Feisenbaum murder case was the ast one "'eu ~
Justice Smyth while he was Recorder ana me al
frmance OF his rulings gives him an uhprokeh rec
Ordi in
having been sustained by the highest courts re"
of the cases decided involved important points OF
law Most OF them were before the General Terms
two and a half or three years ago Inc ue''''o" ~
the higher courts in several VIII cases AS 49, Of
Surrogate Fitzgerald admitting TO probate IN" VIII
of Nicholas Seagrist was unanimously aiimudu ~ ~
the Appellate Division Almost the ohiy s.o wv rji
which the contest was pressed weSe ma ' 6ea,h
was made few hours before MI Scas i sd
were the relatives in whose house he resided Jus
Rumsey in his opinion gives Ts' Sssed upon
hypot hetical questions. Such questions n,S ~ 10
conan conan So az as 10 max prominent tn facts which
are In favor OF the side whose counsel ashS .e
Soess at xnart Witnesses easily arises where az
ferent lawyers ask hypothetical questions conia,n
mivision also affirmed the validity OF the VIII OF
Mary l.. Todd Interpreting IN iors yhnb
might under different construction be cohsidefeu
contradictory.
surropate FITZGERALD had before him last week
come peculiar cases. One OF these arose over d
difference Of opinion between the widow and chi"
dren as TO the amount which should be expended
~ erec, q monument 10 the memory OF "'ce"F'"
| -, .s tho estate was valued ut S0.cN the eA-
a,a,,ure o, 800 as desired by the childrch OF
g. 90 as the widow wishes VIII not impoVe''S"
the heirs The Surrogate also had 10 coiS'ue' '"e
question OF admitting a VIII to probate a''houkn
neither OF the witnesses would testify that she had
sn ,ta sbe he'd not signed and had never seen
the paper before The onsr ~peaTed 10 be- in her
handwriting. but she was quite SIRE Una, Oh" vnir,s
not ssned the e, Pa ssow ths the
those OF the women who appearen az ~ -,
Maria F. Lane to probate The case II penuI ,h
orr but the decision IL In accordance WIN me
SW'I unless il clearly appears that II was not
properly executed by competent person
Tho recent appearance in Brooklyn of ex-con-
gresham Stephen v White as lawyer deiend'hR
an action against himself causes James - bran-
we'll the Editor OF THE Chicago Legal News 10
indulge In "reminiscences Of his early days when
no and Mr. White students together In Knox
College and worked side by side afternoons ana
SATURDAYS in a wagon shop. Judge Bradweil thinks
that neither he nor Mr.. White has entirety Tor
gotten the art which they then acquired. OF max.
s., e rssor 10 IT, Although MI White has been
known as unusually versatile man Vefseu ai,he
/ g., LEGAL astronomical and financial LEARNING. DIS
mechanical abilities have been less widely known
A new bill allowing defendants in criminal cases
To anpear as witnesses their own behalf has
been introduced in Parliament and 1t is possible that
It may become a law. 1t is In some respects more
liberal 10 the accused person than the law In this
state because It provides that the defendant can
not be asked whether he has committed or been
convicted OF any offence other than that with
ION Is that when an attempt has been made to es
tablish good character inquiry as TO past r criminal
"a
c; provides that the wife husband OF the accused
person may also testify but not without the consent
Of tho person on trial The extension TO the English
courts OF the privilege given In the United states
TO an accused person to explain the facts against
him is n reform which has been urged upon Par
lament for many years but hitherto without effect
The English higher courts nave comparatively
few judges, and several Of these are now sick yet
much OF the time Of the courts is taken up with
small matters In the Queens Bench Division OF
the High Court OF Justice recently the cases re-
ported at one time all OF such matters as
whether the owner Of dog had proper license
mr. was exempt from the necessity OF license
whether a footpath in @ field was "a public place
or land adjacent TO IT, within the meaning OF the