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Updated: May 1, 2025
At the close of the evidence the plaintiff's counsel argues for his client; the defendant's counsel replies; and the plaintiff's counsel is then heard in answer to anything which has been said in behalf of the other side.
The captain of the first ship went back to London and brought suit against the captain of the second ship for injuring his trade and was allowed to recover damages; but it may be doubted if that is good law; although in 1909 a Minnesota court decided that a barber could sue an enemy if he maintained an opposition barbershop solely for the purpose of injuring his business; and a few years ago in Louisiana a street railway foreman was held liable in damages for instructing his men not to frequent the plaintiff's store.
Cavendish with a sneer, "I beg to suggest to the plaintiff's counsel that the witness should be required to give his religious views." Mr. Belcher laughed, and Mr. Cavendish sniffed his lips, as if they had said a good thing. "Certainly," responded Mr. Balfour. "What are your religious views, Jim?"
And some actions of trespass are for consequences more remote from the defendant's act than in other instances where the remedy would be case. An act is always a voluntary muscular contraction, and nothing else. The chain of physical sequences which it sets in motion or directs to the plaintiff's harm is no part of it, and very generally a long train of such sequences intervenes.
If he is more experienced in court work he will not be so worried. The law is that the plaintiff must be given every chance at this stage of the proceeding. Only when both sides are through does the law begin to weigh the evidence. At the close of the plaintiff's case everything is in his favor. Any particle of testimony is sufficient on a particular point.
No cloak and suit bankruptcy would be complete without his name as attorney, either for the petitioning creditors or the bankrupt, and no action for breach of contract of employment on the part of a designer or a salesman could successfully go to the jury unless Henry D. Feldman wept crocodile tears over the summing up of the plaintiff's case.
The plaintiff's counsel informed the jury in his opening, that he was "prepared to prove that the defendant, a steamboat-captain, menaced his client, an English traveller, and put him in bodily fear, commanding him to vacate the avenue of the steamboat with his baggage, or he would precipitate him into the river."
He examined the letter attentively, turned it over, lived an age, and said it was not his writing. "Do you swear that?" "Certainly." Defendant's Counsel. I shall ask your lordship to take down that reply. If persisted in, my client will indict the witness for perjury. Plaintiff's Counsel. Don't threaten the witness as well as insult him, please. The Judge.
People, 72 Illinois Reports, 368, the Supreme Court had stated in its opinion, that if two unimpeached witnesses gave the only testimony as to a certain point material to the plaintiff's case, and testified in contradiction of each other, the case failed for want of proof. Many years later a charge to the jury to this effect was asked and refused in an inferior court.
Pickwick was anxious to call upon you, Serjeant Snubbin, said Perker, 'to state to you, before you entered upon the case, that he denies there being any ground or pretence whatever for the action against him; and that unless he came into court with clean hands, and without the most conscientious conviction that he was right in resisting the plaintiff's demand, he would not be there at all.
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