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Where the defendant is not willing to file an answer or demurrer, and thus submit to the jurisdiction of the court, an "Affidavit for Publication" is sworn to by the plaintiff, and an "Order for Publication" is prepared for the signature of the judge, and being signed by him, is filed with the Clerk of the Court.
The decision upon the demurrer had produced a violent ferment among the people, and equal exultation on the part of the clergy, who attended the court in a large body, either to look down opposition, or to enjoy the final triumph of this hard fought contest, which they now considered as perfectly secure.... Soon after the opening of the court the cause was called.... The array before Mr.
"Félice shall pack my trunks at once. Seven, I think, will be enough. I do not suppose that your mother entertains a great deal. Does she give many house parties?" Robert arose, and as attorney for rural places filed a demurrer against six of the seven trunks. He endeavored to define, picture, elucidate, set forth and describe a farm. His own words sounded strange in his ears.
Occasionally, when Yung Po cruelly orders her overboard to take a hand at the tow-line, or to help shove the sampan off a sand ridge, she enters a playful demurrer; but an angry look, an angry word, or a cheerful suggestion of "corporeal suasion," and she hops lightly into the water.
The number of court decisions in which this branch of the proceeding has been reverently and gravely dealt with reads like a metaphysical discussion in the dark ages. The names formerly used were superb. Complaint, demurrer, confession and avoidance, traverse, replication, dilatory pleas, peremptory pleas, rejoinder, rebutter, and sur-rebutter.
A heavy-set, bow-legged man led the procession to the bar. He straddled forward with a swagger. The bartender was busy dusting his stock. Before the man had a chance to turn, the butt of a revolver hammered the counter. "Get busy here! Set 'em up, Mike. And jump!" snarled the heavy man. The barkeeper took one look at him and filed no demurrer.
It was a move more brave than wise; for it prevented the other galley from returning to the attack without exposing herself a second time to the English broadside; and a desperate attempt of the Spaniards to board at once through the stern-ports and up the quarter was met with such a demurrer of shot and steel, that they found themselves in three minutes again upon the galley's poop, accompanied, to their intense disgust, by Amyas Leigh and twenty English swords.
Recently in one district where the Government had indicted certain persons for conspiracy in connection with rebates, the court sustained the defendant's demurrer; while in another jurisdiction an indictment for conspiracy to obtain rebates has been sustained by the court, convictions obtained under it, and two defendants sentenced to imprisonment.
But then I should not believe it .... nor the rejoinder to that.... nor the demurrer to that again .... So.... I am both sleepy and hungry.... or rather, sleepiness and hunger are me. Which is it! Heigh-ho.... and Raphael finished his meditation by a mighty yawn. This hopeful oration was delivered in a fitting lecture-room.
You picture Thorpe jostling you aside as he makes for Prescott to discuss with him the latest case of demurrer, and Winslow and Appleby treading on your toes, deep in conversation on replevin. But these legal firms dwindle. The years go by and take their toll, snatching away here a Prescott, there an Appleby, till before you know where you are, you are down to your last lawyer.
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