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Updated: June 4, 2025
You will see not a body that has lost its shadow, but something more sinister a soul that has been sundered from its natural body. She demands restoration. She sues out a habeas corpus of a kind not elsewhere to be paralleled. That is the "Irish Question." You may not like this interpretation of things. It may seem to you fantastic, nasty, perilous to all comfort.
If, however, the action be on a deposit occasioned by a riot, a fire, the fall of a building, or a shipwreck, the praetor enables the depositor to recover double damages, provided he sues the bailee in person; he cannot recover double damages from the bailee's heir, unless he can prove personal fraud against the latter. In these two cases the action, though on contract, is mixed.
A. sues B. for a debt due from the father or grandfather of B. to the father or grandfather of A. The original parties are dead and no witness of the transaction survives. How is the matter to be decided? It remains with B. to make oath that his father or grandfather never was indebted to those of A.; or that if he was indebted the debt had been paid.
There will be war red war, and we in the army of the iconoclasts growling impotently at each other will face about and have at them with hullaballo and manifesto and snickersnee in turn. "Nude Painting Banned From Window. Nab Store Keeper." We read on. The snickersnee swings towards the vitals of Hollywood. "Movie Magnate Charges Work of Art Cut; Sues Censors. Seeks Redress in Courts." Valhalla!
If, however, the mistake was entirely justifiable, and such as to have possibly misled even the discreetest of men, relief was afforded even to persons of full age, as in the case of a man who sues for the whole of a legacy, of which part is found to have been taken away by codicils subsequently discovered; or where such subsequently discovered codicils give legacies to other persons, so that, the total amount given in legacies being reduced under the lex Falcidia, the first legatee is found to have claimed more than the threefourths allowed by that statute.
According to British law, if a man is unable to obtain from the Government what it owes him, he sues for it in the Supreme Court; and then, if this Court decides in his favour, it orders the money to be paid, quite independently of any Appropriation Act, out of the sums that may be lying in the Treasury.
As to the claim of right, the meanest petitioner, the most gross and ignorant, is as good as the best: in some respects his claim is more favorable, on account of his ignorance; his weakness, his poverty, and distress only add to his titles; he sues in forma pauperis; he ought to be a favorite of the court.
No one twitteth him with ostentation above his means. No one accuses him of pride, or upbraideth him with mock humility. None jostle with him for the wall, or pick quarrels for precedency. No wealthy neighbour seeketh to eject him from his tenement. No man sues him. No man goes to law with him.
The situation is still further complicated by the sudden arrival of Silva, who declares he will avenge the insult. Finding, however, that it is the King whom he has challenged, he sues for pardon.
"What's that you mean?" commanded Doc Tomlinson. "The funniest thing," said Willie, "is how things is mixed. Lord John, he rides on the front seat; and Lord Peter Berkeley, that's the lawyer for the railroad, he rides on the back seat with her, and he sues for her hand, he does, all the way up from the Sacramentos.
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