Publisher's Synopsis
Excerpt from A Treatise on the Practice of the Supreme Court of the State of State York, Vol. 1 of 2: Adapted to the Code of Procedure, as Amended by the Act of April 11, 1849, and the Act of April 16, 1852, and the Rules of the Supreme Court
The Constitution adopted on the ninth of August, 1846, required the Legislature at its first session after the adoption thereof, to provide for the appointment of three commissioners, whose duty it should be to revise, reform, simplify and abridge the rules and practice, pleadings, forms and proceedings of the courts of record of this State. Art. VI., 24.
In conformity with this requisition, the Legislature at its session in 1847, appointed three gentlemen, (messrs. Arphaxad loomis, nich olas hill, jr., and david graham, ) to discharge the onerous and novel duty required by the Constitution. These gentlemen entered upon and continued in the performance of their duties for several months, when one of the Commissioners (mr. Hill) resigned and Mr. David dudley field, was appointed in his place.
It is understood, however, that but little was accomplished by the gentlemen first named, who disagreed essentially in the principles which should govern the projected reform. Upon the re-organization of the commission by the selection of Mr. Field, the work progressed more rapidly, and to him, mainly, the State is indebted for the larger portion of the civil branch of the new system.
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