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Updated: May 1, 2025
"Who is the President of the United States?" "Mr. Wils'." "Who is the Vice-President?" "Mr. Marsh'." "Could you be President?" "No." "Why?" "Mister, you 'scuse, please. I vera busy worka da mine." During the cross-examination of a young physician in a lawsuit, the plaintiff's lawyer made disagreeable remarks about the witness's youth and inexperience.
It might be answered, to be sure, that it is not for intermeddling with property, but for intermeddling with the plaintiff's property, that a man is sued; and that in the supposed cases, just as much as in that of the accidental blow, the defendant is ignorant of one of the facts making up the total environment, and which must be present to make his action wrong.
I carried her out fifty yards from the house and laid her on the grass. Then, of course, every one of them other twenty-two plaintiff's to the lady's hand crowded around with tin dippers of water ready to save her. And up runs the boy with the flaxseed. I unwrapped the covers from Mrs. Sampson's head. She opened her eyes and says: "Is that you, Mr. Pratt?"
The defendant's attorney then states what he proposes to prove, and produces his evidence, at the close of which the plaintiff has the opportunity to meet any testimony so produced as to points not covered by the plaintiff's case as presented "in chief," by rebutting testimony.
Tapp in his complaint: The so-called religious awakening or "trail-hitting" is produced by an appeal to the emotions and in stirring up the senses by a combination of carrying the United States flag in one hand and the Bible in the other, singing, trumpeting, organ playing, garrulous and acrobatic feats of defendant, by defendant in his talk leaping from the rostrum to the top of the pulpit, lying prone on the floor of the rostrum on his stomach in the presence of the vast audience and from thence into a pit to shake hands with the so-called "trail-hitters" and the vulgar use of plaintiff's thoughts contained in said books.
Cross-examination had hardly shaken the plaintiff's witnesses: it literally dissolved the defendant's. Osmond was called, and proved Alfred's headaches and pallor, and his own suspicions.
The first reported in the books is of the reign of Edward III. /3/ The plaintiff alleged that the defendant undertook to carry the plaintiff's horse safely across the Humber, but surcharged the boat, by reason of which the horse perished. It was objected that the action should have been either covenant for breach of the agreement, or else trespass.
"It is not the fee, man!" I observed, for I was somewhat moved by the appealing dejection exhibited by the white-haired man and his timid grand-daughter; "but what chance can I have of establishing this person's right if right she have to the estate she claims, thus suddenly called upon to act without previous consultation; and utterly ignorant, except as far as this I perceive hastily-scrawled brief will instruct me, both of the nature of the plaintiff's claim and of the defence intended to be set up against it?"
In cases in equity a considerable part of the testimony is generally presented in written form, either by depositions of the kind described or certified by a special officer appointed by the court for the purpose, who may be called an "examiner." When the plaintiff's case has been thus presented, his attorney announces that he "rests."
"In cases where the defendant is willing that a decree should be granted, much time and some expense may be saved by defendant signing and filing a short formal answer, admitting plaintiff's allegations of residence, marriage, children, etc., but denying the causes of action.
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