Report of the Mid-Winter Meeting and Annual Meeting

Report of the Mid-Winter Meeting and Annual Meeting

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...of the laws of the Legislature of 1912. The motion was duly seconded, and after vote was declared carried. David Ash: I wish to offer a resolution in relation to the preparation of records in appeals. Unfortunately, the rules of our Court of Appeals are very indefinite as to what should make up a record for the Court of Appeals. I hear some gentleman near me saying that he does not quite agree with me, but as an example of the indefiniteness of it, I wish to state to you, Mr. President, that this morning I submitted to one of the leading attorneys of our State and complained of the indefiniteness of our rules and statutes on the matter of the preparation of records in cases of appeal, and he said, "There is not a bit of trouble. There may be some trouble in relation to the preparation of the law records, but certainly there cannot be any in the preparation of an equity record." I asked, "VVhat is proper to put in the record?" "Why," he said, "put in everything." The Court of Appeals in an exceedingly late opinion has said that the statute is very clear as to what is required to be put in an equity record. I must respectfully differ with the Court. The statute says that everything that is pertinent to the point to be argued before the Court of Appeals shall be put in and what is not pertinent shall be left out. While that is clear enough, I do not think it is very definite. In order to draw your attention to the fact, Mr. President, I desire to state that at the April term of the Court of Appeals eleven per cent. of the entire number of cases that went up were dismissed by the Court of Appeals. Presumably, able counsel prepared the records. The records are prepared at great expense and the...
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Product details

  • Paperback | 90 pages
  • 189 x 246 x 5mm | 177g
  • United States
  • English
  • black & white illustrations
  • 1236993918
  • 9781236993915