Response of Chief Justice. able, and universally respected a jurist forever from the sphere of human affairs into the domain of our judicial history, State and National, should be fittingly recognized; "Be It Resolved, That we most deeply deplore the death of one who was not only our professional brother, but a just, upright, and able judge, worthy in every way of our honor, respect, and esteem. "Resolved, That while keenly sensible of the loss we have sustained, we nevertheless feel a mournful pleasure in knowing that our deceased brother and friend had more than lived out the allotted age of man, and that, although he has personally gone from our midst, both his private life and his public career will be a source of inspiration and a beacon star of hope for untold generations yet to come. "Resolved, That these resolutions be entered at length upon the records of this court, and that a copy thereof, under the seal of the court, be forwarded to each of the children of our deceased friend and brother. "C. H. BELKNAP, "M. A. MURPHY, "A. L. FITZGERALD, "R. C. STODDARD, "H. F. BARTINE." Hon. M. A. MURPHY, Hon. H. F. BARTINE, Hon. C. H. BELKNAP, ALFRED CHARTZ, Esq., and others, in well-chosen and extended remarks, addressed the court, expressing the profound respect and admiration of themselves and the bar for the deceased jurists. The Chief Justice responded: As "The court joins the members of the bar in deploring the loss of the two distinguished brothers in the profession. with loved ones in our immediate families, we are never ready to lose our eminent citizens who must go as inevi Response of Chief Justice. tably as all others. It seems but yesterday that they were with us in the strength of manhood and mental vigor. In the course of nature we are here this brief day, to-morrow we will be gone, and others will have taken our places. "Only last evening a prominent attorney of this court, in an eloquent address in a sister city, incidentally compared one of these able jurists to an oak, indicative of more solidity and permanency than a rose. Yet the difference in the period of existence is only between a short span and one a little briefer, when Time, the destroyer and tomb-builder, gathers all. "The language of the myriad-minded and immortal bard that the evil men do lives after them, the good is often interred' does not apply to them. Their greatest fame and most enduring monument remains from what they did in furtherance of justice, and for the general good in fitting to the jurisprudence of this developing State the common law, which, although it is based on the wisdom and experience of ages in other countries before it was transplanted here, yet is progressive and elastic enough to meet and cover the new conditions and necessities which arise in the affairs of men. Their exemplary and industrious careers and self-acquired success remind us forcibly of what may be accomplished by right living, close application, and honest endeavor, and of the opportunities afforded under this great government and a beneficent Creator. "We thank the members of the committees for the appropriate resolutions. Copies will be spread upon the minutes of the court and forwarded to the immediate relatives of the deceased, and they will be included in the next official report of decisions to be published. "In further honor of their memory, this court, in which they so ably presided, will stand adjourned for the day." GENERAL INDEX. ABSTRACT OF TITLE. ABSTRACTS OF TITLE-ACTION AGAINST ABSTRACTERS-PLEADINGS-RELI- SAME-NATURE OF CONTRACT. A complaint against abstracters for fur- ABSTRACTS OF TITLE-ACTION AGAINST ABSTRACTERS-PLEADING-SHOWING ACCOUNTS STATED. (See APPEAL.) ADVERSE POSSESSION. WATERS AND WATER COURSES - RIPARIAN PROPRIETORS-PRIOR APPRO- |