Page:The Green Bag (1889–1914), Volume 11.pdf/420

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Communications in regard to the contents of the Magazine should be addressed to the Editor, Horace W. Fuller, 344 Tremont Building, Boston, Mass.

7'he Editor will be glad to reeeive eontributions of artieles of moderate length upon subjeets of inter est to the profession; also anything in the way of legal antiquities or euriosities, faeetiar, anee dotes, ete. FACETIÆ. "Are you the defendant in this case? " asked the judge sharply. "No, suh," answered the mild-eyed prisoner. "I has a lawyer hired ter do de defendin'. I 's de man dat done stole de ahticles."

Judge (to witness who, by mistake, is making his way to the bench instead of to the witness stand). "Well, my friend, are you thinking of becoming a judge?" W1tness. " I am getting pretty old and may be that is all I am good for, your honor."

The law reports contain many cases with odd and striking titles, but the most absurdly and in credibly appropriate combination of names that has yet come to light is to be found in the case of Hobson v. Kissam, Ala. 357. If any one can show cause why that should not be awarded the cake let him now speak or forever hold his peace.

A pompous Chicago lawyer in the midst of his argument remarked : " Gentlemen of the jury, I once sat on the bench in Iowa." "Where was the judge? " inquired the oppos ing attorney, and the argument of the pompous gentleman went to pieces right there.

"Look at this man," said the attorney, point ing to the prisoner*. " Does he look like one who would commit a crime?" "No," replied the witness. " But neither do you."

A Georg1a judge warned his people with regard to coming into court intoxicated, and used these words : " I wish to put everybody on notice that if they come into this court-room while I am sitting on this bench drunk, they had better look out!"

NOTES. Man and Beast. — It is interesting to know that a man does not necessarily become a beast by being perched upon a bicycle. In Gloucester S. T. Co. v. Seppee (N. J.), 41 L. R. A. 457, that such a combination was not chargeable with toll as for " a carriage, sleigh or sled drawn by one beast," the court said : '• A bicycle ridden by a human being no more comes within this description than a wheel barrow drawn by a man or a perambulator pushed by a nursemaid."

Ch1ef Just1ce Bleckley on Amendment.—One of the most brilliant and original pieces of judicial writing in recent reports is the opinion of Chief Jus tice Bleckley, in Ellison v. Georgia Railway Company, 87 Ga. 691, holding that a declaration which does not state a cause of action in substance is amendable, overruling the doctrine of Martin v. Gainsville, etc. Railway Company, 78 Ga. 307. The chief starts out by saying : — "Some courts live by correcting the errors of others and adhering to their own. With these exalted tribunals who live only to judge the judges, the rule of stare deeisis is not only a canon of the public good, but a law of selfpreservation. At the peril of their lives, they must discover error abroad, and be discreetly blind to its commission at home." And further on : — "But is not a general demurrer too diabolical to have any claim upon modern emotion? Stated in the most partial terms, its merits would seem to stand thus: 'De murrer is the only legal devil always present and always ready; every logical universe requires one such character; some destructive work has to be done; and how can it be done if there is only resistance, no cooperation, not even sympathy?' But the spirit of modern procedure is altogether constructive and conservative, and thuugh it 389