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Updated: May 1, 2025
The clerk stamped it with the file-mark of the Court, and returned it to the Squire, who read aloud the motion and affidavit, setting forth the facts of the defendant's failure to receive the notice in time to prepare for her defence, and of the accident which had contributed to delay her appearance, declaring that she had a just defence to the plaintiff's bill, and asking to be heard upon the facts.
In the consideration of the case by the Court no objection was made to this statement or claim. In the case of Root vs. Ball, 4 McLean 180, the learned judge instructed the jury that "if they should find that the defendants had infringed the plaintiff's patent by using substantially the same device as ornamental on the same part of the stove they would, of course, find the defendant guilty.
Halding's name, against the Mistress, as a "contributory cause" of his client's accident. The suit never came to trial. It was dropped, indeed, with much haste. Not from any change of heart on the plaintiff's behalf; but because, at that juncture, Dr. Halding chanced to be arrested and interned as a dangerous Enemy Alien.
"If you find that you have no case," the old lawyer is reported to have said to the young, "abuse the plaintiff's attorney," and Judge Martin Grover, of New York, used to say that it was apparently a great relief to a lawyer who had lost a case to betake himself to the nearest tavern and swear at the court.
Gregorowski, the new Chief Justice, which was regarded by the plaintiff's advisers as a reversal of the first judgment, and the practical effect of which was to bring the case under the operations of Law 1 of 1897 that is to say, to put the plaintiff 'out of court. Mr. Brown has appealed to the United States Government for redress.
Complaint was made to the defendant, a justice; both the parties were taken up; and the wagoner agreed to take a whipping rather than be sent to jail. But the plaintiff refused. The justice, however, gave him, also, a small whipping; and for this the suit was brought. The plaintiff's plea was that he was wholly innocent of the act committed. Mr.
The defence in debt where there was no deed was by wager of law. /2/ A section of Magna Charta was interpreted to prohibit a man's being put to his law on the plaintiff's own statement without good witness. /3/ Hence, the statute required witness that is, the secta in every case of debt where the plaintiff did not rely upon a writing.
Plaintiff's counsel made a feeble remonstrance; then yielded. And the crier with sonorous voice called on the case of Bread v. Cheese, in which there were pounds at stake, but no principle. Oh, with what zest they all went into it; being small men escaping from a great thing to a small one. Never hopped frogs into a ditch with more alacrity.
Ollivier's argument for the defence was so energetic that he was almost on the point of proving the purely musical essence of my melody by singing the 'Abendstern. Completely carried away by this, the judges rejected the plaintiff's claim, but requested me to pay him a small sum by way of compensation, as he seemed really to have taken some part in the work at the beginning.
By degrees the room swam round, the faces of his comrades altered, the countenance of Old Bags assumed an awful and menacing air. He thought Long Ned insulted him, and that Old Bags took the part of the assailant, doubled his fist, and threatened to put the plaintiff's nob into chancery if he disturbed the peace of the meeting. Various other imaginary evils beset him.
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