| "Detail Work of the New
York Court of Appeals" | ||
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Detail Work of the New York Court of Appeals
An Address Before the Phi Delta Phi Association of New York
I HAVE been asked to talk about the work in the Court of Appeals, particularly that part which relates to the preparation and argument of cases before the court. The request is taken by me to be in the nature of a command, for it surely is the duty of every judge, on a fitting and proper occasion, to account to members of the profession for the work of his court. However, in these days of many investigations the Socratic method has supplanted the speech, address and oration, and I feel as if more benefit would be derived should you question me regarding the work and the things you would like to know. Every active practitioner is more or less an inquisitor. Frequently some lawyer will say to me. "How did your court ever come to decide the way you did in the case of Smith v. Jones?" And it has been my pleasure to try and furnish some enlightenment. In fact, some time ago I stated in an address at the New York City Bar Association that as the Court of Appeals of this State deals solely with questions of law, it was the privilege of any lawyer who had argued a case in the court to ask me or my associates the reasons for our decision, in case they did not fully appear in the opinion. Somewhat to my surprise the invitation was readily accepted and the following week I had six or seven lawyers in my chambers making this inquiry about their cases. Naturally the decision had gone against them and yet I am certain that they were fully satisfied when they appreciated how fully and completely all their points had been considered. While it is the duty of an attorney to press every available point in favor of his client, be realizes at the same time, the weak spots in his case. Only the fanatic sees but one side of a proposition. Experience in law, as in life, teaches us that there are many aspects to most questions. |
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 The Historical Society of the Courts of the State of New York |
