Page:The Granite Monthly Volume 5.djvu/186

 1 62 THE GRANITE MONTHLY.

within such number of terms or such other time as provided by statute, the plaintiff was allowed to take judgment asjainst the defendant which would bind that property but nothing else ; but it has been held by the Supreme Court of the United States in Penoyer ?'. Neff, unless an attachment was had in the first instance, such judgment would be utterly worthless.

17. "Con. for judgt.," means that the party has the right to take judgment at the term when that order is made, but that for some reason he elects to take his judgment at the next term. Formerly no subsequent attaching creditor could take his judgment without imperiling his attachment until judgment had been taken by all prior attaching creditors. This entry was then in common use. But a statute was passed providing that any creditor might take his judgment without such peril, and as a consequence this entry is fast going out of use.

18. "Judgment by agreement," means that the parties have fixed upon the amount for which the plaintiff shall take his judgment, and have embodied it in a writing entitled as of the term, and signed by the parties or their attorneys, or that such a docket entry has been made by order of the court.

19. "Jury," this means that the party causing this entry has elected to try the cause by a jury so far as the constitution, the law of the land and the rules of court give him that right. By rule of court all causes must be tried in the order in which they are entered upon the docket.

20. " Not for the jury," means that the party causing the entry will allow the other party to take judgment against him unless he can avoid that by mak- ing a case for a continuance and the like.

21. The party who makes a motion has, in general, the right to open and close the discussion ; but stricdy this applies only where the party making the motion seeks to make the court an actor — asks the presiding justice to make some order for his benefit.

22. S'leriffs charge thirty-five cents a mile for committing one prisoner to the State Prison, and twenty-five cents a mile each where there are more prisoners than one. This rule was established by Mace Moulton, the old sheriff in Hillsborough county ; and is one of the sixteen or more rules adopted prac- tically or formally by the justices of the old court of common pleas. It has no other authority, but is commonly observed in practice.

��JAMES G. HARVEY,

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��ON of George H. and Rebecca S. (Greenough) Harvey, was born in Canterbury, May 6, 1856 ; was educated at the St. Johnsbury Academy ; read law with Hon. I). C. Uennison, of Royalton, Vermont; was admitted to the bar in Windsor County, Vermont, December term, 1880 ; and settled in Enfield in the practice of his profession in 1881.

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