New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-15
BENCH AND BAR.
GATHERED AMONG LAWYERS AND IN
THE COURTS


The Court of Appeals decided last week some
cases Of interest 10 insurance companies i"e
Continental Insurance Company has been IN husa
ton for many years with other companies over ''o
meaning OF a clause in reinsurance aereei"e"''
Several policies rensured TO the e"'''' y,
one-haIf OF their risk. which equalled or eNceeu'
in value $4,000 The General Term of the supreme
Court in considering these cases four years aso
hold that the word risk meant the full value OIL 'he
cargo The Court of Appeals reversed the JUG
ment in those cases holding that IL meant INC
entered or estimated value according 10 the po''!
holder instead of the actual value. me cas- "ao
sent back for trial. and the )uas'nSsss pneals
cordance with the opinion OF the Cour. o. no
Greenwich Insurance Company against the oregon
Improvement Company 1t was heid uhuei IN u,.s
n I'M ea as tney of sum of $500 unused
iums. which had been given to Dpoaer; h hh own
check. which was dshonored In real estate , law
it held by the Court Of Appeals s asi over the
building of stables in Fifyfrst and fllty-seciUna
The BY land pSe had ear sseH
given by subsequent owners witnou! 'ne ep law was
Sscnssea in the decision Of the of Robbins
against Aren't. in which question arSse az ron
eriv in foreclosure suit and had not yet received
the deed from the referee was the o""'i u Wv
property.
Tho New-York congressman have protesteu
against including this district in the law prohipi'-
inc clerks of United States courts from acting also
as Commissioners. The official who VIII DE p'''-
cipally affected by the measure Is Commiss'o"e'
John A. Shields. The action of the NEWTON 'oi-
eressmen is not dictated merely by friendship iof
Mr. Shields although he Is one of the most Pop"-
lar officials in the city. His unvarying courtesy
and WILLINGNESS to give to all lawyers the dement,
of his unique knowledge of the comphca'eu p'o
cedure of the Federal courts have maze MN
favorite with all members OF the bar Inc amount
of compensaton which he receives for acting as
male IL.
not equal the cost of maintaining another oo"'-
missioner to do the work. 1t Is however impor-
tant to the orderly and rapid disposition OF case1
Court the United States Marshal the United states
Dstrct-Attorney and the clerk ana Colh, me ame
building and has been a matter OF ereat cor nai
venience and of advantage as well pon 10 ho Uii,
cals and lawyers that the present sys1elh s,u
he carried on If there sections OF the country
where any evil results have been ie ,h ny nitv Is
the offices of clerk and Commissioner this c' 81
certainly Of those places All b o. Members nne
are unanimous in their opposition TO ine Jaw wnv
would deprive Mr. Shields oil the r rE on ~ With ex
ceptional industry, ability ana integrity io' '""'
years.
William NJ Evarts. who. though retired from act
i've nractice retains at least the honorary ieauer-
shin of the bar. is described In the March hu''pe'
of THE Green Bag" by A. Oakley Hall, VINO was al
times associated with him in the trlai OF cA9'S'
brilliant He does not take the trouble TO look up
tho exact dates Of occurrences, but his memory
for scenes and incidents is usually good ana as lie
had close acquaintance with many OF the prom
inent members of the bar Of the last eeneralI Sn
Green Bag" form interesting reading ScNerai Vl
MIR Evarts's early speeches are recalled, especlaly
meeting held in NewYork. his first argument before
the Court of Appeals few years neiorG h ana ran
cases and in the defence of President Johnson
before the Court Of nin ,ms cs n
number of THE Green Bag are coft I1a "a
the history of the Supreme Court OF Name anu
additional Legal "Reminiscences by l.. T. 'hi''en-
den.
Although all the existing law journals are not
financially successful. new ones continue TO he
issued. THE Chicago Law Journal" weekly pun
lication began It's existence about February J. IL
is a large and attractive legal newspaper The
Monthly Law Record. of this city, has reached only
srae sseon n deesons OF and appeals
motions and ex gare matters rsi terms no and al
Chambers in the Supreme Court, New-York CITY
Court and the surrogate's Court. Matters OF grea,
these tribunals. and If the selection OF cases is
ma new WS eres viii anq be Valuable to many
Chicago Judges frequently have forcble and
entertaining manner of expressing their views.
Judge Goggin recently, in discharging jury which
had acquitted man accused of assault with IN
tent to kill, said: There Is no use In maintaining
courts when juries return such verdics as this
one" The Judge then turned 10 the prisoner and
ha nded him back his knife pistol and cartridges
with the remark that man should not be deprived
OF the tools OF his craft Judge Baker on the same
day discharged another jury. saying. This kind of
business Will do. Ycr might sit here six months
and you would not hear evidence tending to show
guilt stronger than you had IN this case" Presid
ing Justice Gary. OF the Appellate Court. has a
quiet but not less effective manner of EXPIRES
sion. In passing appeal recently he said:
This abstract does not tell what this case Is
about" The attorney for the appellant had made
affidavit which he said that the had been
decided without full hearing and that his Client
had good defence, which purely one OF law.
Judge Gary continues: Attorneys have been mis-
taken sometimes TO the validity of such defences.
IL Is unsafe to swear to the law. To enforce the
last sentence he refers TO an old English case
which from 10 whether a decree
Court of Chancery would be reversed
peal 10 the House Of Lords The wager not