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Updated: May 24, 2025
Barslow," said the night clerk, as I applied for my key. It was a long message from Jim, and in cipher. I slowly deciphered it, my initial anxiety growing, as I progressed, to an agony. "Come home at once," it read. "Cornish deserting. Must take care of the hound's interest somehow. Threatens litigation. A hold-up, but he has the drop. Am in doubt whether to shoot him now or later.
These moods of the client's mind were accompanied with singular 'mockings and mowings, fantastic gestures, which the man of rags and litigation deemed appropriate to his changes of countenance. Now he brandished his arm aloft, now thrust his fist straight out, as if to knock his opponent down.
While martial law is the will of the commanding officer, it may be his will to have it applied, so far as ordinary matters of litigation are concerned, by courts.
But the fact of their appointment doubtless helped the Board in the suit then pending. It is needless here to outline in detail the litigation that followed.
Having succeeded in securing the favourable attention of the court, the young lawyer, using the lights which his father's experience and knowledge of business had afforded him, proceeded with an address and clearness, unexpected from one of his years, to remove from the case itself those complicated formalities with which it had been loaded, as a surgeon strips from a wound the dressings which had been hastily wrapped round it, in order to proceed to his cure SECUNDUM ARTEM. Developed of the cumbrous and complicated technicalities of litigation, with which the perverse obstinacy of the client, the inconsiderate haste or ignorance of his agents, and the evasions of a subtle adversary, had invested the process, the cause of Poor Peter Peebles, standing upon its simple merits, was no bad subject for the declamation of a young counsel, nor did our friend Alan fail to avail himself of its strong points.
If a man were falsely accused, and proved innocent upon trial, he would not only be consoled by kind words, but, would probably receive substantial compensation; and it appears that judges were accustomed, at the end of important trials, to reward good conduct as well as to punish crime.* ... On the other hand, litigation was officially discouraged.
By this law we decree that those who serve in the individual schools, and who, after completing the curricula of their duties, shall have reached the rank of chiefs and through the adored purple of our divinity have won the dignity of most illustrious Counts, shall enjoy both the girdle and all the privileges open to them, and hereafter to their life's end shall be subject to the court of Your Highness only, nor shall they be compelled by the command of any one else whomsoever to undergo civil litigation.
Moreover, he employed the best legal talent in the Territory to defend the memory of his departed friend, and for five long years the Territorial courts were occupied with litigation growing out of the Gilson bequest. To fine forensic abilities Mr.
The committee reported that, according to Drew's testimony, $500,000 had been drawn out of the Erie railroad's treasury, ostensibly for purposes of litigation, and that it was clear "that large sums of money did come from the treasury of the Erie Railroad Company, which were expended for some purpose in Albany, for which no vouchers seem to have been filed in the offices of the company."
Every important principle which is developed by litigation is in fact and at bottom the result of move or less definitely understood views of public policy; most generally, to be sure, under our practices and traditions, the unconscious result of instinctive preferences and inarticulate convictions, but none the less traceable to views of public policy in the last analysis."
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