The sun., 1897-02-14

| States District Court for the district OF Della
| ware which President Cleveland will have an
| opportunity to fll II he makes n nomination
| agreeable to the Senate. Judge Wales had
| served many years en- the bench Of the state
| courts In Delaware before his appointment as
Judge OF the United States District Court In
| 1884. The names most prominently mentioned
for the vacancy arc those OF Judge 1gnaiius
G. Grubb and Senator George Gray. Tho for.
mer 10 at present ono Of tho Associate jus
ticcs of the Superior Court OF Delaware. Sena-
tor Gray has twice been Attorney General Of
the State. He was born In 1910. was educated
Mt the College OF New Jersey and the Harvard
Law School. and succeeded Mr.. Bnyard In the
United States Senate whom the latter was ap-
pointed Secretary OF State. There would be no
doubt of Mr.. Grav's immediate sonirma.
tion by the Senate. Tho compensation of u
Federal District Judge is now Just the same rs
that OF q Senator or Representative in Con-
rress-s5.ooo a year.
Tho Republican Governor OF New Jersey has
done praiscworthy act in nominating an OK
cellent Democrat, Judge Bennett Van Syckel,
for fifth term as one OF the Justices OF the Su-
preme Court OF that State. Judge Van Syckel.
who was born In 1880. and graduated from
Princeton In 1s40, has been twenty-eipht
years on the bench already. and has won q
aigh reputation. which Is thus deservedly rccog-
niEcd by his political opponents. Another
Judicial nomination by Gov. Griggs, tnat Of E.
Amber Armstrong to be Judge OF the Camden
County Court, has not been received with so
much public approval. the appointment being
strenuously opposed by many Republicans
We are not Informed. however AS to the merits
OF the opposition. except that the nominee has
the support OF Senator Seweil. which hardly
seems substantial objection OF itself.
Tho Court Of Appeals on Tuesday reversed
tho judgment OF the former General Term Of
the Supreme Court in the Fourth Department
in the case OF Yale vs. Curtiss. which was an
interesting action for breach OF promise Of
marriage. In which the plaintiff recovered
verdict Of $4,000. This verdict was upheld
by the General Term, bat has now been set
aside by the Cours Of Appe ais. There was no
proof that the defendant ever, In many
words, promised TO marry the plaintiff. but he
had told her that he would always protect her,
and II he lived no would make her happy; and
he had discussed . contemplated trip to Eu-
rope In such q way that she understood he
wished her to accompany him as his wife.
From these and other circumstance the trial
Judge left It to the Jury to say whether there
was not in substance . promise to marry. to b
inferred from the various declarations and
acts OF the defendant. A similar course was
taken In the celebrated Brooklyn case Of Ho-
man VS.. Earle. In which the defendant bore SO
remarkable a resemblance in face. fgure. and
bearing to the late Henry Ward Beecher. It
would seem. however, that in this'case Of Yale
VS.. Curtiss an error was committed in per-
mitinR the plaintiff TO tell not only what tho
defendant said about Roing to Europe, but
what che understood him - mean by the laa-
RuaRe which he used on that occasion. This
.rI -. h,..
been Injurious to the defendant where the evil
dence OF the alleged promise vas so purely In
ferential.
Among tho affirmances in tho Court of Ap-
pcals on Tuesday was one In the case Of Her
Eog vs. the New York Elevated Railroad Com
pany. which went up from this depar tment.
where The opinion was written at General Term
by Presiding Justice Van Brunt. IL was an
equity suit to restrain the maintenance and
operation Of tho elevated railroad on Third are-
nue in front OF tho plain tits premises. until
and unless the defendant should pay the dam
ago thereby ocoasioned to the property. Tho
city had previously owned the premises. and
conveyed them to . person who In turn con-
veyed them TO Rosa Herzog, the plaintiff
While still the owner, the city had consented
in writing to the construction of tho defend
ants road. Justice Van Brunt was Of the opin-
ion that this consent conveyed TO the railroad
company all tho rights OF the manicIpAl cor
poration as sbuttlng owners on Third avenue:
but chat, In any event, even II right to recover
damages yet remained In the plaintiff as the
city's successor 10 title. II would be unjust to
grant an injunction against the maintenance
Of the road when the city. from whom her
title came; bad expressly agreed that the struc-
ture might + be erected Aecord,nxly; the dis
now amrmed again at Albany.
W
volume OF Washington Reports, being re ports
Of cases determined in the Supreme Court Of
the State OF Washington in tho year 1906 prior
to July. There i've members Of the Su.
prene Court there, q Chief Judge and four
Judges, who review tho work OF twenty-four
Superior Court Judges. This volume. which
was printed at Seattle. Is . good example Of
law reporting. in regard to paper. Typography,
and the manner In which the reporters work
Is done. 1t contains . curious case concerning
. Dromissory note for 100000. upon which a
suit was brought by . lawyer FAMED Moore
against the executors Of one ]. Gardner Ken
yon. by whom tho note was said to have been
signed. Tho defence was that the signature
was either forged or procured by some mis-
representation as TO the character Of the In.
strumsnt. and the Jury found verdict for the
defendants. They were allowed TO prove on |
the trial certain declarations made by Mr.
Kenyon In his lifetime to the effect that tho |
plaintiff was only "Jack-lsR lawyer" and |
other opinions as to the plaintiffs ability. These
were received as having been made about the |
time Of the date OF the note, and were held to |
be admissible as showing the improbability |
that tho decedent over executed the note, Ono |
member OF the Supreme Court, however, dis |
sented very emphatically. declaring Il to be |
the universal rule that the declarations OF . |
decsdent To third persons In favor OF his own |
Int, rest cannot be received In evidence Tha
ad mission Of this testimony cannot readily bo |
Justified on principle or authority TIE re- |
port OF the case states that the plaintiff for
merly resided aud practised law in New York. |
The bill to which we recently referred, estab- |
fishing new division In one of the Federal
judicial districts in Texas. has now become a |
la" notwithstanding tho objections of the |
President. The Senate passed IL over the veto |
by ayote OF 81 to /. 1t seems that Mr.. Cleve- |
land deemed the new division needless. ba-