February 1887: In Heyder v. Excelsior Building Association, a case of fraudulent mortgage cancellation, the mortgagor — a lawyer — had got possession of the mortgage by swapping it for a copy. The Court of Errors and Appeals upheld the cancellation inasmuch as a purchaser of the property had relied on it. Plus, the mortgagees were negligent, Judge Manning Knapp said, noting, “Although the mortgagor was their attorney they ought not to have reposed such absolute confidence in him.”
100 Years Ago
February 1912: Changes to the Civil Practice Act proposed by a State Bar Association study commission would, among other things, abolish the demurrer, substituting in its place a motion to dismiss for failure to state a cause of action or defense. Also destined for the dust bin was the writ of error and the bill of exception, highly technical vehicles for seeking judicial review that would be replaced by the simple notice of appeal. Another change would waive jury trial unless a party demanded it.
75 Years Ago
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