Page:The Green Bag (1889–1914), Volume 24.pdf/622

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The Legal World by which suits are taken from the trial court to appellate courts for review, by providing rules for compelling the re duction of their size and by excluding documents and requiring testimony to be printed in narrative instead of interroga tory form. This will lessen the danger of reverses for errors not prejudicial. Among the revised rules is one which prohibits the granting of preliminary injunctions without notice, and restricts the issue of temporary restraining orders without notice. The new rule follows in a general way the rules of the federal court in the Ninth Circuit, which com prises the Pacific coast states. The new rule provides: "No preliminary injunction shall be granted without notice to the opposite party. Nor shall any temporary re straining order be granted without notice to the opposite party, unless it shall clearly appear from specific facts shown by affidavit or by the verified bill that immediate and irreparable lossor damage will result to the applicant before the matter can be heard on notice. "In case a temporary restraining order shall be granted without notice in the contingency specified, the matter shall be made returnable at the earliest pos sible time and in no event later than ten days from the date of the order, and shall take precedence of all matters, except older matters of the same character. When the matter comes up for hearing the party who obtained the temporary restraining order shall proceed with his application for a preliminary injunction, and if he does not do so the court shall dissolve his temporary restraining order. "Upon two days' notice to the party obtaining such temporary restraining order, theopposite party may appear and move the dissolution or modification of the order, and in that event the court or judge shall proceed to hear and deter

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mine the motion as expeditiously as the ends of justice may require. Every tem porary restraining order shall be forth with filed in the clerk's office." Procedure

The law school of the University of Wisconsin is now keeping close watch of the "time element in criminal prosecu tions " in minor as well as in major courts. The results of the investigation are being published. Justice Joseph I. Green, in a letter to the New York Times Oct. 3, declared that "in most criminal cases there should be no longer delay than a week from arrest to indictment and a week from indictment to trial." Justice Green believes that New York City has not enough judges for criminal cases, and suggests that the services of the ten justices of the City Court be employed upon designation when public exigency so requires. Justice Blanchard, presiding over the criminal branch of the Supreme Court in the New York county court house Oct. 7, manifested his annoyance when his calendar for the week contained only a series of unimportant cases, in several of which pleas of " guilty " were to be made. He told the assistant district attorney to notify his chief that unless he had some cases of importance he would discontinue the criminal term and devote himself to civil business exclusively. For the first time in twenty-one years, or since 1891, the Supreme Court of Tennessee has promulgated new rules of practice. These rules provide for abridgement of the record to be certified on an appeal when possible, and for state ment of testimony of witnesses in nar rative form in bills of exception.