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“But How Are Their Decisions to Be Known?” 1 Johnson’S Reports Iv
★ ★ ★ ★ ★ ★ “But how are their decisions to be known?” 1 Johnson’s Reports iv CELEBRATING 200 Years of New York State Official Law Reporting “But how are their decisions to be known?” “ We must look . to our own courts, for those precedents which have the binding force of authority and law. But how are their decisions to be known? Must they float in the memories of those by whom they are pronounced, and the law, instead of being a fixed and uniform rule of action, be thus subject to perpetual fluctuation and change? No man doubts of the propriety or necessity of publishing the acts of the legislature. As the rights and interests of every individual may be equally affected by the decisions of our courts, one would naturally imagine, that it would be equally a matter of public concern, that they should be made known in some authentic manner to the community.” 1 Johnson’s Reports iv-v NEW YORK STATE ANNIVERSARY BOOKLET LAW REPORTING BUREAU COMMITTEE One Commerce Plaza, Suite 1750 Charles A. Ashe Albany, N.Y. 12210 (518) 474-8211 Maureen L. Clements www.courts.state.ny.us/reporter William J. Hooks Gary D. Spivey State Reporter Katherine D. LaBoda Charles A. Ashe Chilton B. Latham Deputy State Reporter John W. Lesniak William J. Hooks Cynthia McCormick Assistant State Reporter Michael S. Moran Production of this booklet coordinated by: Gail A. Nassif Michael S. Moran Katherine D. LaBoda Gayle M. Palmer Graphic design by: Gary D. Spivey Jeanne Otto of West, a Thomson Company On the Cover: The “Old Hun Building,” on the left, 25 North Pearl St., Albany, N.Y. -
Henry Rogers Selden
HENRY ROGERS SELDEN COURT OF APPEALS, 1862‐1864 Frances Murray† Please see Albert M. Rosenblatt’s New York Court of Appeals on page 467 for a useful introduction. –The Editors ESCRIBED BY A CONTEMPORARY HISTORIAN1 as one of the most able and accomplished judges of the New York Court of Appeals, Henry R. Selden was distantly related to the noted English scholar, lawyer, and Dmember of the Long Parliament, John Selden (1584-1654).2 Henry Rogers Selden, the third son of Calvin Selden and Phoebe Ely Sel- † Frances Murray is the Chief Legal Reference Attorney at the New York Court of Appeals. This article originally appeared in THE JUDGES OF THE NEW YORK COURT OF APPEALS: A BIOGRAPHICAL HISTORY (Albert M. Rosenblatt ed., Fordham University Press 2007), at pages 84-92. Copyright © 2007 The Historical Society of the Courts of the State of New York. It is reproduced with the permission of The Historical Society of the Courts of the State of New York. Any other use of this material is strictly prohibited. 1 Sylvester, Nathaniel B. History of Saratoga County, N.Y. (Philadelphia. Everts & Ensign 1878) and Proctor, Lucien B. The Bench and Bar of New York (Diossy & Co., 1870). 2 In 1877, in his honor, the Selden Society was founded to encourage the study and advance the knowledge of the history of English law. It still flourishes, and a Sel- den Society has been formed in America. 11 GREEN BAG 2D 443 Frances Murray den, was born at Tiffany Farm in North Lyme, Connecticut, on October 14, 1805. -
The Rededication of Court of Appeals Hall
The Rededication of the Court of Appeals "The Rededication of the Court of Appeals" The Rededication of COURT OF APPEALS HALL Albany, New York October Fifth, 1959 The Historical Society of the Courts of the State of New York New York State Judicial Institute 84 North Broadway, White Plains, NY 10603 phone: (914) 682-3222 The Rededication of the Court of Appeals "The Rededication of the Court of Appeals" IN THE RESTORATION and modernization of Court of Appeals Hall, formerly the old State Hall, erected in 1842, and occupied by the Court since January 8, 1917, we have had the utmost co-operation and the devoted services of many persons in public and private life. We are especially grateful to Governor Nelson A. Rockefeller, former Governor Averell Harriman, the members of our State Legislature, the Attorney General, the State Comptroller, the Directors of the Budget, the Superintendents of Public Works and their staffs, the State Architect, the Appellate Division of the Third Department, the Mayor of Albany and his Commissioners, the consulting architects, the general contractor, the subcontractors, and the many skilled craftsmen and co-workers. The restoration of this 117 year old building to its original architectural beauty, and its modernization to cope with the business of the Court, will aid in serving the cause of justice for many years, and Court of Appeals Hall will be a monument to which not only the People of Albany but those of our Empire State may point with pride. CHIEF JUDGE The Rededication of the Court of Appeals "The Rededication of the Court of Appeals" COURT OF APPEALS HALL TODAY The Rededication of the Court of Appeals "The Rededication of the Court of Appeals" Rededication Presiding HON. -
Vol. 12 No. 2 (2021)
UNBOUND A Review of Legal History and Rare Books Journal of the Legal History and Rare Books Special Interest Section of the American Association of Law Libraries Volume 12 Number 2 Winter/Spring 2021 UNBOUND A Review of Legal History and Rare Books Unbound: A Review of Legal History and Rare Books (previously published as Unbound: An Annual Review of Legal History and Rare Books) is published by the Legal History and Rare Books Special Interest Section of the American Association of Law Libraries. Articles on legal history and rare books are both welcomed and en- couraged. Contributors need not be members of the Legal History and Rare Books Special Interest Section of the American Associa- tion of Law Libraries. Citation should follow any commonly-used citation guide. Cover Illustration: This depiction of an American Bison, en- graved by David Humphreys, was first published in Hughes Ken- tucky Reports (1803). It was adopted as the symbol of the Legal History and Rare Books Special Interest Section in 2007. BOARD OF EDITORS Mark Podvia, Editor-in-Chief Emeritus Faculty, The Pennsylvania State University 502 Watson Drive Maidsville, WV 26541 Phone: (717)226-8317 Email: [email protected] Noelle M. Sinclair, Executive Editor Head of Special Collections The University of Iowa College of Law 328 Boyd Law Building Iowa City, IA 52242 Phone (319)335-9002 [email protected] Kurt X. Metzmeier, Articles Editor Associate Director University of Louisville Law Library Belknap Campus, 2301 S. Third Louisville, KY 40292 Phone (502)852-6082 [email protected] Christine Anne George, Articles Editor Assistant Director for Faculty & Scholarly Services Dr. -
Utica City Directory
UTICA CITY DIRECTORY. 1860-1. PRICE, ONE DOLLAR. CURTISS & WHITE, -Printers A.J. BICEV MAXri'UTUKKK AM' DEALER IN o; Of __^.'ev y Uesoriptiou, NO. 109 CiErVESEE STREET, UTICA, UPPER CORNER 01 CATHARINB ST. Also, Agent for •: FAMILY SEWING MACHINES, Tlie Best, Cheapest and Simplest Family Sewing jTJtachiiies in use. make the Pouble Lock Stitch, or the celebi Btover i ::>'li, ami sew from two spools as purchased from the Store, w_U_ou1 rewinding—are easy to learn to operate. They will Hem, Fell, Gather and Stitch in a superior style, aud finish each seam without recourse to the hand needle. Call Lheja. Price $40. Hemmer $2. liirtri^nglanti l^tstortc (_5enealosteal ^octetp. Received in Exchange from ^it.m.i.i. (OAA.... For..U^U£4..l,si _ Celebrated . S~ PARAGON BURNER, Which, can be attache* to any Old Lamp at a trifling expense. _A._ LEACH, Agt. 144 Genesee Street, DEVEREUX BLOCK, UTICA, 1ST. Y. 23*22 and we are consequently ftsee from the embarrassments and delays always incident to Newspaper Offices. Our undivided attention is given to Job Printing, and Dispatch, Accu racy and superior work are the uniform results. Our thanks are gratefully tendered to all our patrons. ^i^jQjQjy^f^i^i TABLE OF CONTENTS. PUB. Academies and Schools 12 Associations and Companies, 23 Banks 11 Banks for Savings, 12 Churches 16 City Government 38 County Clerks of Oneida County from 1798 to 1860, 34 County Offloers of Oneida County, 27 Courts, 29 District Attorneys of Oneida County from 1818 to 1860, 34 Fire Department, 39 Governors of the State of Now Xork -
Construction, Restoration & Renovation
Court of Appeals Hall Construction, Restoration & Renovation 1842 - 2004 COURT OF APPEALS HALL: ITS HISTORY Initial Construction New York State's Judiciary has been linked to this classic Greek Revival building -- initially called New State Hall, now known as Court of Appeals Hall -- since the structure was first planned in the early nineteenth century. Located at the corner of State and Lodge Streets, Old State Hall was New York's first public building erected in Albany after the Revolutionary War. By 1833, concerns were raised that Old State Hall was not fireproof, and could no longer adequately meet the needs of the growing State. The Legislature directed the Capitol Trustees to purchase a site and erect a new State Hall with "suitable public offices." The Trustees chose a site on Academy Square, overlooking Academy Park and the Hudson River, a site we today know as 20 Eagle Street. The following year, the Legislature resolved that the new State Hall should be constructed of marble quarried at the State prison at Mount Pleasant (now known as Sing Sing). Albany's foremost architect at the time, Henry Rector, was appointed to the project and, in 1835, plans and estimates were submitted to the Legislature. To render the whole building fireproof, ceilings would be constructed of brick arches in place of wood. A hemispherical dome, forty feet in diameter, with a windowed sash, would light the rotunda and its second and third floor galleries. A stone staircase, starting in the main entrance hall and ending on the third floor, would cantilever from the wall with no visible means of support -- an engineering marvel! The formal assignment of rooms in New State Hall included offices for the Chancellor, the Register of Chancery and the State Supreme Court. -
1283 Pierce PRODUCTION
JUDICIAL SUCCESSION ON THE COURT OF APPEALS WHOSE SEAT ON THE NEW YORK COURT OF APPEALS DO YOU HAVE? Alan J. Pierce* I. INTRODUCTION In July 2009, the ABA Journal ran a one page “article” that is really a chart, entitled: “Who Died and Made You Supreme Court Justice?”1 The chart traces each of the nine seats on the Court from as far back as 1789.2 Ever since seeing that article almost eight years ago, I have always wanted to do a similar chart for the New York Court of Appeals, as I am a great follower of, and a person who thought he knew quite a bit about, New York’s highest court. This article is the result of that strong interest and has led to more work than I expected when I started many months ago. I hope you enjoy reading the chart and the information that I have collected as much as I was delighted to create it.3 As explained below, I had to start somewhere and since I worked backward from the 2016 court, I discovered that the best place for me to end was July 4, 1870, when today’s modern seven-member Court of Appeals was created. I will provide some detailed * The author is a partner at Hancock Estabrook, LLP in Syracuse, New York, with over 30 years of professional experience. His primary practice areas are Appellate Practice, Insurance Coverage Litigation, Defamation & Privacy, and Commercial Litigation. He served as an Adjunct Professor of Law in Appellate Advocacy at Syracuse University College of Law from 1999 to 2006. -
History of the District Attorneys
Thomas R. Gold was born on November 4, 1764 in Cornwall, Connecticut. In his hometown, Gold attended Housatonic Valley Regional High School until graduating and going on to Yale College in New Haven, CT in 1786. He was admitted to the bar and began practicing in Goshen, CT before moving to Whitesboro, New York. Thomas Gold served as the District Attorney of Oneida County from 1797 to 1801. He was elected as a Federalist to the 11th and 12th Congresses. After being unsuccessful in the 13th Congressional elections, he was elected to the 14th Congress in 1815. Following his time as a Congressman, Gold resumed practicing law in Whitesboro, NY until he died on October 27, 1827, at the age of 64. During his time as District Attorney, Gold prosecuted a variety of cases. A notable case prosecuted by Gold was The People vs. George Peters. George Peters was a Matuak Indian, in the Brothertown tribe, who hanged for killing his wife, Eunice Peters. Nathan Williams was born on December 19, 1773 in Williamstown, Massachusetts. Williams attended Commons School in Bennington, Vermont until moving to Utica, New York where he began practicing law. From 1801 to 1812, Nathan Williams served as the District Attorney for Oneida County before being elected as a Democratic-Republican to the 9th Congress in 1805 and serving until 1807. He subsequently, again; became District Attorney from 1818 to 1820. He was a member of the New York State Assembly and served as Judge of the Fifth Circuit Court from 1823 to 1834. Upon finishing his term, Williams became a law clerk for the New York Supreme Court. -
Judicial Notice Issue 6 L January 2009
A PeriodicAl of New York court HistorY Judicial Notice issue 6 l JanuArY 2009 Featured Biography: Benjamin Cardozo l Judith S. Kaye The Election of Chief Judge Irving Lehman l Henry M. Greenberg The Impeachment of Governor Willliam Sulzer l John Dunne tHe HistoricAl societY of tHe courts of tHe stAte of New York TABLE CONTENTS of ISSUE 6 JANUARY 2009 pg 3 pg 19 pg 31 pg 37 FEATURED ARTICLES Pg 3 Benjamin Nathan Cardozo by Judith S. Kaye Pg 19 The Election of Chief Judge Irving Lehman by Henry M. Greenberg Pg 31 Impeachment as a Political Weapon: The Case of Governor William Sulzer by John Dunne DEPARTMENTS Pg 2 From the Executive Director Pg 37 THE DAVI D A. GARFINKEL ST U D EN T Ess AY The Courts and Human Rights in New York: The Legacy of the Lemmon Slave Case by Elijah Fagan-Solis Pg 43 A Look Back Pg 46 Society Officers and Trustees Pg 46 Society Membership Pg 49 Society Store Pg 51 Courthouse Art JUDICIAL NOTICE l 1 F ROM THE EXECUTIVE DIRECTOR e proudly present a renamed, enhanced version of our newsletter, now called Judicial Notice. We are grateful to the designer, Teodors Ermansons, whose vision DearWcan be seen Members on each page, and to our editorial staff. They have worked hard to produce a beautiful, readable publication, containing articles of interest on a variety of topics about the legal history of our State, in addition to updates about Society events and activities. In this issue of Judicial Notice, we feature a brilliant and insightful biography of Benjamin Nathan Cardozo written by Chief Judge Judith S. -
Full Article
TEFF.FINALFORPUBLISHER.DOC 5/25/2008 11:00:47 AM ARTICLES LÓPEZ TORRES AND JUDICIAL SELECTION IN NEW YORK: AN ARGUMENT FOR MERIT-BASED APPOINTMENT TO THE STATE SUPREME COURT Justin S. Teff, Esq.* I. INTRODUCTION The New York State Supreme Court is New York’s statewide trial court of general jurisdiction. Justices of the state supreme court have been chosen by popular election since that change was effected by the New York Constitution of 1846.1 With the exception of a brief period between 1912 and 1920, political parties have nominated their candidates for the supreme court using delegate- based conventions. In López Torres v. New York State Board of Elections, the federal courts in New York determined that the state’s current statutory embodiment of the judicial nominating convention is unconstitutional, enjoined its further use, and mandated nomination by the direct primary method pending legislative action.2 The United States Supreme Court, in a brief and unanimous decision, reversed the lower courts, finding no * Justin S. Teff is the Democratic Ward Leader in the 11th Ward, City of Albany, and a member of the executive committee of the Albany City Democratic Committee. He is an attorney with the Law Office of Ralph M. Kirk in Schenectady, New York. A graduate of the University at Albany, he received his juris doctor from Albany Law School. 1 N.Y. CONST. of 1846, art. VI, § 12. 2 411 F. Supp. 2d 212, 255–56 (E.D.N.Y. 2006). By order dated March 3, 2006, the District Court stayed its ruling until after the 2006 election cycle. -
Official New York, from Cleveland to Hughes
^^ '^W-^ OFFICIAL N E W YORK FROM CLEVELAND TO HUGHES IN FOUR VOLUMES Editor CHARLES ELLIOTT FITCH, L. H. D. ^ VOLUME II HURD PUBLISHING COMPANY NEW YORK AND BUFFALO 1911 ,...,',,.. 4 ».»),**.»*. 1 > ) trt<^ > 'J Copyright, 1911, by HURD PUBLISHING COMPANY ilEE ADVISORY COMMITTEE Joseph H. Choate, LL.D.,D.C.L. Hon. John Woodward, LL.D. James S. Sherman, LL.D. De Alva S. Alexander, LL. D. Hon. Cornelius N. Bliss Henry W. Hill, LL. D. Horace Porter, LL.D. William C. Morey, LL.D. Andrew D. White, LL.D.,D.C.L. Pliny T. Sexton, LL.D. David J. Hill, LL.D. M. Woolsey Stryker, D.D.,LL.D. Chauncey M. Depew, LL. D. Charles S. Symonds Hon. Horace White Hon. J. Bloat Fassett Charles Andrews, LL. D. Hon. John B. Stanchfield A. Judd Northrup, LL. D. Morgan J. O'Brien, LL.D. T. Guilford Smith, LL.D. Hon. William F. Sheehan Daniel Beach, LL. D. Hon. S. N. D. North CONTENTS CHAPTER I PAGE Governor 13 CHAPTER n Lieutenant Governor 17 CHAPTER III Secretary of State 21 CHAPTER IV Comptroller 27 CHAPTER V State Treasurer 31 CHAPTER VI Attorney General 35 CHAPTER VII State Engineer and Surveyor 39 CHAPTER VIII Education Department 43 CHAPTER IX Origin and Construction of the Barge Canals . 89 CHAPTER X Banking Dkpartment 131 CHAPTER XI Insurance Depaht:ment 151 CHAPTER XII PAGE Superintendent of Public Works .... 163 CHAPTER XIII State Prisons 177 CHAPTER XIV State Charities 187 CHAPTER XV Railroad Commission 209 CHAPTER XVI Public Service Commissions 211 CHAPTER XVII Civil Service Commission 223 CHAPTER XVIII State Commission in Lunacy 229 CHAPTER XIX State Tax Commission 239 CHAPTER XX Miscellaneous ...