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Updated: May 1, 2025
In some States the writ or process by which the action is begun must be accompanied by a full statement of the particular nature of the plaintiff's claim. In others this is not required, and such a statement is only furnished when specially ordered by the court.
The familiar advice, "If you have no evidence, abuse the plaintiff's attorney," contains by implication the whole philosophy of what is called the manliness and force of the blackguard. He has no reason, therefore he sneers. He has no argument, therefore he swears. He will get the laugh upon his adversary if he can, forgetting that those who laugh at the clown may also despise him.
Nor would my opinion be changed by assuming, what the report does not make perfectly clear, that the defendant received the safe as bailee, and not as servant or agent, and that his permission to use the safe was general. The argument of the court goes on the plaintiff's not being a finder. The question is whether he need be.
Major Blank, the defendant's husband, was ruthlessly cross-examined by Sir Charles Russell, afterwards Lord Chief Justice of England, with a view to showing that he was the real thief. He made a very bad witness, and things looked black against him. The end was nearing, and every one anticipated a verdict in the plaintiff's favour, when there came a sudden change of scene.
Casberd, the counsel, had arrived in the interim, and was adjusting his wig. These, together with the plaintiff's attorney, and about a score of the inhabitants who lived in the immediate vicinity of the Hall, formed as pretty a select party for such a job, as ever was assembled upon any occasion.
They are all visible there; and so far as their tendency goes, they are like wedges driven in to rend him from God. But the second figure in the vision is 'the Satan, standing in the plaintiff's place at the Judge's right hand, to accuse Joshua.
But the opening words made him prick up his ears. "My Lord," said counsel, "I submit there is here no case to go to the jury. No written contract existed between the parties, to bring it within the Statute of Frauds. Therefore, the plaintiff must prove that the defendant accepted these goods. Now I submit to you, on the plaintiff's own admission, that the man Murphy was a common carrier.
Ince filed an answer of general denial, adding that the acts of cruelty, if any, were "done in the heat of the moment". He did not, however, venture to contest the case, although I tendered myself for cross-examination, but pleaded the deed of separation as a bar to further proceedings on my part; I argued on the other hand that as the deed had been broken by the plaintiff's act, all my original rights revived.
The witness having been by these means reduced to the requisite ebb of nervous perplexity, the examination was continued as follows 'Pray, Mr. Winkle, do you remember calling on the defendant Pickwick at these apartments in the plaintiff's house in Goswell Street, on one particular morning, in the month of July last? 'Yes, I do.
Trover is commonly understood to go, like larceny, on the plaintiff's being deprived of his property, although in practice every possessor has the action, and, generally speaking, the shortest wrongful withholding of possession is a conversion.
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