In re Warde
| Citation | 48 N.E. 513,154 N.Y. 342 |
| Parties | In re WARDE. |
| Decision Date | 23 November 1897 |
| Court | New York Court of Appeals |
OPINION TEXT STARTS HERE
Application by W. Hampton Warde for leave to qualify as a law student under the rules of 1892. Denied.
The petitioner, W. Hampton Warde, began his law clerkship on the 25th day of April, 1895. He now asks to be admitted to an examination upon producing a regents' certificate under the rules of 1892. On the 22d day of October, 1894, rules of this court were adopted, to take effect on the 1st day of January, 1895, providingthat ‘applicants for examination shall be deemed to have studied law within the meaning of these rules only when they have complied with the following terms and conditions, viz.: * * * (3) Applicants who are not graduates or members of the bar as above prescribed shall, before entering upon the clerkship or attendance at a law school herein prescribed, or within one year thereafter, have passed an examination conducted under the authority and in accordance with the ordinances and rules of the University of the State of New York, in English composition, advanced English, first year Latin, arithmetic, algebra, geometry, United States and English history, civics and economics, or in their substantial equivalents as defined by the rules of the university.’ Rule 5. It was further provided that ‘a law student whose clerkship or attendance at a law school has already begun, as shown by the record of the court of appeals, or of any incorporated law school, or law school established in connection with any college or university, may, at his option, file or produce instead of the certificate required by this rule, those required by the rules of the court of appeals, adopted October 28, 1892.’ Rule 6, subd. 7. The course of study prescribed by the rules of 1894 was materially enlarged, and embraced studies not included in the rules of 1892. The new rules applied to all students except those whose clerkship or attendance at a law school had theretofore begun. It consequently follows that all students whose clerkships or attendance at a law school commenced after the 1st day of January, 1895, were required to conform to the rules then in force. On the 2d day of December, 1895, the rules of this court were again amended, to take effect on the 1st day of January, 1896. Numerous amendments were incorporated into the rules, but the provisions which we have quoted from the rules of 1895 remained unchanged. It is now claimed that subdivision...
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...promulgated pursuant to section 83 of the Judiciary Law has the force and effect of a statute (Boyer v. Boyer, 129 App. Div. 647; Matter of Warde, 154 N.Y. 342). In construing a rule of practice, it would appear that the same approach should be used as that in the construction of a statute.......
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