New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-11-24
ABUSES In COURTS
FOR NEW PROCEDURE.
Bar Association Com mittee
Recommends Changes.

Recommendation 70 correct present
-shuses in appeals en- civil suits are prorni-
nsnt in ne port. sust made public ~ the
srecial committee az the Association % RE
Far ~ TIRE CITY OF View York appointed by
President Eonlurd NetTnore u consider the
sirlpiincation % the New York procedure.
TIE report vii hs discussed h. the aEso-
cisricn on necember -
Wien TIE present CODE vas adopted Il
abolished TIE equity practice thst appeals
bought up en- questions q fact as we'll IS
~ lHv ana rhnt 81 technical errors should
~ cis-egar3ed. ard substituted the common
,sw rules rat any technical error IN arv
civil case V-ss presumed 10 he preiudic1al.
Az therefore ground for reversal unless
- respcndent was able 20 show that Il
was harmless. are thar the only fs~.s the
Apps late Courf could consider we're such
% re -n6is1uted facts as appeared N the
findings ~ we're inpnes ~ the verdict
THIS has reduced rhe la~- from q science
?, g game saws tire report 1t has de-
Ne-opeo irfo an appellate systeua. based
o. TIE theory thar The trial and decision
80 Presun.rtiE'elv wrong. that IN inpor-
tzrt cases nothing short n ~. Court ~
AnEss-s decision he hnal: IN me place -
&C fr-al - -rry b. has. b~ reason n te-h-
nics- reverssls. substituted system If
seve-zl trials hy jury n nearly every in
prrtsr- cas-
Jlsfioes InErshsua. Scott. o'Sormsr ans
freedman tesrfes Nfore the Laws ne
-sV Commission that The u-av 10 rseor-,
us sruse was by an arnen6r,ert 70 ne
o11e swing The Appellate Division prve-
- sptr1 rnaI judgment or direct a yer
dict wherever 81 --1al Justice r7trhr 10
- snd - Substitute the equity ana
nHoern criminal procedure rule that q
feohnlosl error was presumed 70 Re harm
less tor the common lsw rule that II was
presumed 10 10 preiudiciaT
~ COMMITTEES recommends ccds amend
nevis SO cary OUT rhe 5usricss' views as
- 7@2ls, that the time 20 appeal
sho-5- IN from The entry ~ Judgment
ins,t2S from its service. snd some
technical --lssndnnerrz ~ cure minor se-
ts-ts in w Appellate practice.
IN regard m trials rhe commits re-
o-nnends thsr efher party on ne ina
1H' cal ana cross-eXsm.ne has adver-
fs-1, as Is now done in surrogate
s@00-n'-1Es and IN some uoderni zed. rrsc-
iNef There are rVo lines % c0uAicrinc
rf0isloas 81 ~ when trial Justice NAV
c.rf0' verdict The earlier SCI hold that
70 T7a- direct verdict V-hensvs~ II would
~ rs orrT ~ SCI verdict rhe other v-sv
RT1f The later sci hold mat ne must
submit e scinrius - evidence 70 The iurv
f-1 then ma So their ,ercicr aside TIE
committee recommends The abortion ~
F'srgte n the former rule.
he committee slso recommends allow
80 trial iusriCe ~ eute- q judgment
r0-v outstanding tie verdict where The
oase depends upon Legal questions ONLY
suo n making the dismissal Of 2 con-
r ANT rnal determination n the suff ss
q is. the equity practice. unless leave 70
renew me action is gwen
he report urges The absolute statutory
~1z1f ~ TWO separate trials and the dis
centenary privilege ~ three seosra+a
frla.s n e1sofment should be abolished.
= here IS 10 reason why real property
sro-ld - Ted Up fldehuitelv." saws me
report or why The time q Jurors and
judges should he wasted IN Tie rer-isl a
az case that has once been correctly de-
terulined
Tn regard ~ criminal procedure TIE com
rriftee rsco7mends rhat on an --ofnr n
clrruer-s the defendants should be 5oirtI,-
o. separately tried I'm the discretion Of the
court as is now done n risderneanor
cases osly. Vh.le I'm felony cases separate
trials are now required
he rulings - the trial -udre N allow
tns o- eisauowing q challenge 70 a iu-7--
mar should b tnal. az they now are in
selecting special 5u-v.' saws the report
lhE is - ONLY way 10 GET a common
--r~ ir thls county I'm an important grim
tlzl case without DELAYS which exclude 7be
hest class ~ luryu=r from Inability -
Rear the confinement, and which hold -ba
city NJ as place where trtal by 4ur,-
has broken down"
Ths committees u the sssocia+,o, -.
composed a the following Csnr5ano And
rsee -r- chairman. James W HAYES
-nEries =. Becker. LsWrenoe c5odkin ana
+1snrV "A. Fo-ste-. secretary