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PAGE.

PAGR. .

Hammond v. Bledsoe...

48 McCarthy v. Roswald..

Hanna v. South St. Joseph Land Co..

111 McCaulley v. McCaulley

240

Harding v. City of Boston...
223 McCord v. Caldwell's Ex'r.

288
Hargadine-McKitrick Dry Goods Co. v. Reynolds. 155 McDonald v. Mackinnon

367
Harris v. Fisher..
78 McHugh v. Fitzgerald..

386

Hayden v. Lincoln City Electric Ry. Co.

288 McKnight v. James.

272

Henry v. Hall..

383 McMonagle v. Wilson..

189

Hilton Bridge Con. Co. v. N. Y. C. & H. R. Co.. 416 McMullen v. Ritchie..

111

Holden v. Merritt..
156 Mentel v. Hipley..

256
Hooven, Owens & Rentschler v. Burdette.
836 Merchants’ Bldg. & Loan Assoc. v. Barber

228

Hoss v. Hoss...

207 Miller v. Gilbert

96

Huffman v. Copeland.

79, 95 Milwaukee Mechanic's Ins. Co. v. Niewedde

820

Hume v. Ware..

207 Mitchell v. Richmond..

15

Hunt v. United States.

15 Mobile & 0. R. Co. v. Godfrey..

256

Moffitt v. Lytle

255

Illinois Cent. R. Co. v. Davidson...

111 Montignani v. Blade

868

Ingraham v. Dyer...

207 Moody v. Insurance Co..

95

International & G. N. R. Co. v. Young.

160

Mooré v. Copeley.

206

Isaacs v. Barber..

224 Moore v. State

148

Isley v. Illinois Cent. R. R.

30 Morgan v. Fremont Co.

143

In re City of Chicago...

224 Morris v. Board of Pilot Com'rs.

191

In re Commissioners of Circuit Court.

256 Moyoihan v. Allyn.

16

Iq re George Sweeley.

279 Myers v. Reedy

111

In re Geo. Mather's Sons Co...

15

In re N. 1. & P. R. Steamship Co..

160 N. Y. & N. E. Ry, Co. v. Feeley..

'367

In re Rice..

144 Nat. Docks & N. J. Junction Connecting Co, v. Penn.

In re Shinn's case.

255 sylvania R. R. Co....

79

In re Wax's Estate.

336 Nat. Union Bk. v. Nat. Mechanics' Bank.

223

In re Winan's Estate.

Nelsou v. Kalkhoff

867

lo re Young's Estate.

367 Nor. Pac. Ry. Co. v. Austin..

96

Nor. Pac. R. Co. v. Beaton.
Jackson y. Pittsburgh, C. C. & St. L. Ry. Co..

Nor. Pac. R. Co. v. City of Spokane.

207

Jacksonville, T. & K. W. Ry. Co. v. Boy.

94

Jingwright v. Nelson..

400 Oceanic Steam Nav. Co. v. Campania Transatlantica

Jobnson v. Johnson..

336 Espanola....

228

Johnson P. Richmond Beach Imp. Co.

16 Olcott v. International & G. W. R. R.

144

Johosop r. United States.

400 Quillette v. Overman Wheel Co...

16

Jones v. Adams...

15 Oregon Short Line & U. N. Ry. Co. v. Tracy

415

Jones v. Casler.

79

Jones v. George..

144 Pacific Gas Imp. Co. v. Ellert..

144

Packard v. Beaver Valley Land & Min. Co.

160

Kastell v. Hillman..

48 Peak v. Frost...

15

King v. McLean Asylum, etc.

108 Pearce v. State of Texas.

94

King v. Miller...

240 Pennington v. Hare...

288

Klocow v. Patten.

256 Peop. R. R. Co. v. Russ

96

Krecker v. Sbirey..

30 People v. Campbell...

416

Kriger v. Hanover Nat. Bk.

160 People v. Thompson

415

Kub v. Garvin....

160 Pepper v. Southern Pac. Co.

240

Perkins v. Loan & Exchange Bank of 8, 0.

272

Lake Shore & M. S. R. R. v. McIntosh,

16 Perry F. State...

207

Lake Shore & M. S. R. R. v. Anthony.

96 Petty place v. Groton Bridge & Mfg. Co..

144

Landa v. Shook.

48 Pevey v. Jones

79

Langley v. Langicy.

30 Pevey v. Jones

96

Larkin v. Wilsford.

288 Pfitzinger v. Dubs

272

Larsen v. Peterson.

255 Phenix los. Co. v. Martin..

288

La Selle v. Woolery..

336 Philadelphia & R. R. Co. v. Smith.

207

Latbam v. Ellis..

368 Philadelphia & R. R. Co. v. Snowden

255

Latham v. Foley.

80 Phillips v. Michael..

288

Lohr v. Borough of Phillipsburgh.

207

Pidcock v. Harrington.

240

Lord v. American Mut. Acc. Ass'n.

143

Powell v. Newell.

143

Lovelace v. Carpenter..

111 Pratt v. Osbkosh Matcb Co..

288

Lovern v. Lovern..
367 Prentiss Tool & Supply Co. v. Godchaux.

883

Lawson v. Truesdale.

368 Price v. The Belle of the Coast....

867

Lawther v. Hamilton..

96 Prickett v. City of Marceline..

868

Leigh Min. & Mfg. Co. v. Kelly

143 Puckett v. McDaniell

78

Little Rock Junc. Ry. Co. v. Burke.

400 Pullman Palace Car Co. v. Booth.

148

Livingston v. Hammond

80

Lloyd v. Matthews..

80

Ralli v. Troop:

868

Lucas V. American Freehold Land Mortg. Co. of Lon- Reynolds r. Kirk

888

don, Miss...

160 Rio Grande Wes. Ry. Co. v. Rubenstein.

14

Lucker v. Phoenix Assur. Co. of London.

416 Roberts v. Northern Pac. Ry. Co..

416

Ludlow v. Strong

416 Roby v. Caluinet & C. Canal & Dock Co..

415

Luedtke v. Jeffrey.

124 Roy & Co. v. Scott, Hartley & Co...

886

Lum v. United States Fire Ins. Co.

367 Rushing v. Willis....:

191

Lungerhausen v. Crittenden...

143

Russell v. Alabama Midland Ry. Co.

48

Lutz v. Mahan.

191

San Francisco Breweries v. Schurtz.

16

Maryland Land & Permanent Homestead Ass'n of Sater v. Henry Co. Farmers's Mut. Ins. Co.

144

Baltimore, Md. v. Moore.

80 Schepers v. Union Depot R. Co

820

Marean r. New York, S. & W. R. Co..

416 Schillinger v. United States..

ww78

Mass. & S. Const. Co. v. Town of Cane Creek.

73 Schulten v. Bavarian Brewing Co

Masoa v. Wheeler..

368 Security Co. v. Pratt..

Mathies v. Mazet..

30 Settle v. Hargardine. McKittrick Dry Goods Co. 416

Mayor, etc., of Birmingham v. Tayloe..

256 Settle v. St. Louis & S. F. R. Co..

886

Maysville & B. S. R. Co. v. Ingraham..

343

Shafer v. Cherry

820

McCallister v. Bethel..

368 Sharpless v. Gumniey

McCammon v. Detroit, L. & N. R. Co

143 Shoemaker v. Harvey.

110

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THE ALBANY LAW JOURNAL:

A WEEKLY RECORD OF THE LAW AND THE LAWYERS.

an

One of the most important duties Governor The Albany Law Journal.

Morton has had occasion to discharge at the

commencement of his term of office is the ALBANY, JANUARY 5, 1895.

selection of a competent legal adviser as a suc

cessor of Professor Collin, who acted in that Current Lopics.

capacity during the incumbency of Governor

Hill and Governor Flower. Professor Collin (All communications intended for the Editor should be ad

was not only admirably adapted to the position dressed simply to the Editor of THE ALBANY LAW JOURNAL. All letters relating to advertisements, subscriptions, or other as a man and a lawyer, but had during the long business matters, should be addressed to THE ALBANY LAW period which he had served in that capacity JOURNAL COMPANY.]

acquired knowledge with regard to the statute JE publish the programme of the New law of the State which enabled him very readily

York State Bar Association for the to determine the bearing of a statute submitted nual meeting to be held on the 15th inst. The to him for examination. The governor, in the features of the meeting, aside from interesting selection of Mr. Charles Z. Lincoln, of Cattapapers on current topics, will doubtless be the raugus, has evidently appreciated the importaddress of Judge John F. Dillon on “Property, ance of the position, and has made the selection its rights and duties in our legal and social sys- with very great care, doubtless upon the recomtems” and the discussion of the topics which mendation of very many of Mr. Lincoln's assohave a prominent place on the programme, ciates in the Constitutional Convention where namely, “What legislation is necessary to carry he made a most admirable impression as an out the provisions of the new Judiciary Article” able and clear-headed lawyer. Mr. Lincoln and “Should the Code of Civil Procedure be brings to the position a most excellent reputarevised, condensed and simplified.” Judge tion as a man of high standing in his profession Dillon's reputation as a lawyer, as a writer on and has the qualities which with added expelegal topics and a speaker upon matters relative rience will doubtless enable him to discharge the to the legal profession is such as to give every duties of the position in a most satisfactory reason to anticipate a most thorough and able presentation of the subject he has chosen. The changes made in the organization of the courts In connection with the selection of a legal by the new Judiciary Article are so extensive adviser, Governor Morton has appointed Mr. as to call for very careful legislation in order to Lincoln a member of the Statutory Revision adapt procedure to the new condition of affairs, Commission. This is a position second in imand while so much interest has been manifested portance to none in the State. As was recently in the question of code revision as to indicate noted in these columns, the work of the comthat there will be a very large attendance of mission is of a most delicate nature, and requires those interested in this question, both these not only ability of high order, but care and extopics are timely and indicate a disposition on perience in the drafting of statutes. Governor the part of the association to deal with live | Morton holds the resignations of Messrs. Linquestions which are not only of interest to the son and Magone, the other members of the bar but the discussion of which will result in commission, and will doubtless at an early day practical benefit by way of necessary legislation. 'fill their places. It is to be hoped that more

Vol. 51 – No. 1.,

manner.

than ordinary care will be taken in the selection been retired because he has reached the age of men thoroughly qualified for this important limit, and who is competent to serve, should position. In addition to their duties in draft- not refuse or show any disinclination to pering statutes, they are called upon during a ses- form all the services he can for the State and sion of the Legislature to draft and revise stat- for its interests. In the past there has been an utes for members before introduction in either

excuse that there was not sufficient judicial house as well as to examine bills after they have force to meet the demands of litigation. But been introduced. Their duties and responsi- this has been obviated, and it only remains for bilities have become greater every year during the Legislature to enact laws to make the conthe existence of the commission, and provision stitutional provisions provided.

Governor should be made by the Legislature by which Morton has always been recognized as a practhey may be compensated to such an extent as tical business man, who has been most successwill enable the governor to select two of the ful in his business relations, and we trust that most able lawyers in the State to carry on this after his attention has been called to the diffiwork.

culties which at present exist in many parts of

the State, that he will recommend additional Governor Morton calls special attention in

changes and insist that they shall be enacted. his message to the Legislature to the necessity In his message to the Legislature, Governor of enacting laws so as to conform the statute

Morton says, in regard to the changes made law of the State to the revised Constitution

necessary by the new Constitution: which is now in force. In view of the many changes that must be made, it is important that

“ The principal matters in respect of which the Legislature should give their earliest atten- the amendments to the Constitution impose an tion to the matters which are recommended by

immediate duty upon the Legislature seem to

me to be the following: the governor and to such other changes in the statute law of the State as to them may seem

"1. The new Judiciary Article (Article VI) proper and necessary.

It is of great interest to requires the Legislature to divide the State into many who have taken such intense interest in four judicial departments, in each one of the changes made in the Constitution in relation which is to sit a branch of the new appellate to the courts, that the practical advance which division of the Supreme Court. The abolition was contemplated when the Constitution was of the criminal courts of Oyer and Terminer adopted, should receive the hearty support and and Courts of Sessions, and of the civil Circuit co-operation of the legislative and executive Courts and of the Court of Common Pleas and branches of the State government. We also the Superior Court in New York, the City Court desire to call the attention of Governor Morton of Brooklyn, and the Superior Court of Buffalo and the Legislature to the fact that it is possible require a careful revision and modification of to call into service those justices of the Supreme the great number of statutes, so as to adapt Court who have retired because of the age limit them to the new system. This is particularly and that these judicial officers should perform important in regard to criminal jurisdiction. duties not only to do justice to the State which The transfer of the jurisdiction of the nine exis paying them for services which are not ren- isting General Terms to the new appellate didered, but also to relieve the delay in litigation vision, and the changes in the jurisdiction of which exists in many counties in the State be- the Court of Appeals and of the right of appeal cause of the small number of terms and the to that court, require extensive changes in the shortness of their duration, in which civil causes statutes upon those subjects. In order to take may be tried and completed. In this county over the business of these Superior City Courts, the calender is crowded with cases which the with their numerous clerks, offices and records, attorneys are anxious to try and which they are legislation will be necessary to enable the county prevented from doing by the causes already clerks of the respective counties to undertake suggested, as much, perhaps, as by the uncer- and carry on the business. The records of the tainty as to when the case will be reached. Court of Common Pleas extend over a period of Any justice of the Supreme Court who has about 200 years, and are of great importance

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