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Updated: June 12, 2025
Fortunately no such "uniform practice" has existed, and the Office is relieved from so grievous an imputation. The practice seems to have been taken for granted by the appellate tribunals, and, so far from being as stated, is, as nearly as possible, the reverse of it.
So far, the judges of the Appellate Division had failed to hand down a decision, but after another postponement they finally affirmed the decree of the lower court two justices dissenting. A notice of appeal was served upon Edward Shuttleworth. The case was going to the court of last resort, and they were in for another interminable wait. Six months, perhaps a year.
In another case an injunction was sought to restrain the tax collector of McLennan county from issuing poll tax receipts to women. The Appellate and Supreme Courts upheld the constitutionality of the law. The speech of Morris Sheppard delivered in the U. S. Senate Aug. 5, 1918, was one of the strongest arguments ever made for the Federal Suffrage Amendment. Ed.
In certain accident cases the appellate courts have stated they would not give their reasons for dismissing the complaint after the evidence is all in because, they say, if they did so they were afraid the plaintiff would supply the missing links by manufactured evidence on the next trial and not quite honestly. This again is a commentary on procedure.
They were gone, torn down under the referee's decision that they ought to go, before the Appellate Division called a halt. We were not in a mood to trifle with the Barracks, or risk any of the law's delays. In 1888 I counted 360 tenants in these tenements, front and rear, all Italians, and the infant death-rate of the Barracks that year was 325 per 1000.
On the first the intermediate appellate court, in 1894, decided against him. On the second, in 1897, the court of last resort decided for him. For the fourth time the case came on in the trial court, and a verdict for $4,500 was recovered. The company appealed and with success. A fifth trial gave him a verdict for $4,900. This, too, was set aside on appeal.
Among the men whose work is represented in this home of the Appellate Division of the Supreme Court for the City and County of New York are Maitland Armstrong, Karl Bitter, Charles Henry Niehaus, Charles Albert Lopez, Thomas Shields Clarke, George Edwin Bissell, Philip Martiny, Robert Reid, Willard L. Metcalf, Henry Augustus Lukeman, John Donoghue, Henry Kirke Bush Brown, Edward Clark Potter, Henry Siddons Mowbray, Frederick W. Ruckstuhl, Herbert Adams, George Willoughby Maynard, Joseph Lauber, Maximilian M. Schwartzott, and Kenyon Cox.
In point of intention this new jurisdiction of the tribunes and the aediles, and the appellate decision of the plebeian assembly therein originating, were beyond doubt just as much bound to the laws as the jurisdiction of the consuls and quaestors and the judgment of the centuries on appeal; the legal conceptions of crime against the community and of offences against order were transferred from the community and its magistrates to the plebs and its champions.
Their appearance differs in the different courts from the higher courts where the well-groomed eminent leader of the bar, with thin lips and white side whiskers debates in a frock coat before the appellate court, questions of international importance, or the anxious-eyed little attorney where in one of the lower courts with a showy diamond ring and a handkerchief sticking out of his pocket in the shape of an American flag, argues, while chewing gum, whether his client shall pay the fourteen dollars rent or not.
The administration of justice to-day is not the swift judgment of honest men upon a criminal act, but a clever game between judge and lawyer, in which the action of the jury is discounted entirely and the moves are made with a view to checkmating justice, not in the trial courtroom, but before the appellate tribunal two or three years later.
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