Page:The Green Bag (1889–1914), Volume 18.pdf/492

 SQUIRE ATTOM'S DECISIONS

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SQUIRE ATTOM'S DECISIONS UNDER THE TWELVE OR FOURTEEN MAXIMS OF EQUITY AS SPECIALLY EDITED BY HERBERT J. ADAMS

INTRODUCTION AT the time of the culmination of Mr. Attom's wonderful success in the organiza tion of the Hobby Club, and when he was compelled to buy a new fountain pen for autographs, and had to sit in all sorts of pleasant positions for photographs with which to supply his friends and the press; a time when he was so much in the public eye, — "a mere mote," as he would mod estly put it — he fell a victim to flattery. He was inadvertently led by this approved method into uncovering a highly commend able — though by stagy, legal critics held ju dicially questionable — phase of his practice as justice of the peace, a position he held a few years since. Being at this time induced by the wiles of a newspaper friend who had sought him out for a professional interview, to casually refer to his penchant for making matter of record all sorts of things that foolish people think they can afford to forget, Mr. Attorn had been coaxed into turning over a large mass of opinions covering a variety of cases before him while "on the Bench." "Mr. Attorn," said this friend, "you can not deny that you have become quite a public character; and I consider it almost your duty to publish your decisions." The ex-justice did not want to bother with it, really, but said: — "We'll sign an agreement, by which you get the material just as I have it, and you are bound to print it without trouble or .bother — either one, mind you — or expense, to me." The agreement drawn up and signed, Mr. Attom produced the goods. "The material " was all in short -hand notes, and the ex-squire refused to extend them. But the other party, being a real news

paper man, set to work and took a course in stenography, which enabled him to read, though haltingly, almost every character. For his trouble, and very much to Mr. Attom's chagrin, he appropriated the entire batch to his own use. As the cases which came before him are all docketed as law cases, only those are "prin cipal" in these decisions which, under the Squire's regime, seem to have had an equi table side, those specially selected being such as broadly emphasize the maxims. The "reports" of these cases correspond as nearly as may be to the plan in vogue with other courts of last resort. A maxim is "the embodiment of a general truth." Equity is defined by Grotius to be: "The correction of that wherein the law (by reason of its universality) is deficient." MAXIM I Equity will not surfer a right to be with out a remedy. Snodgrass v. Wicks. Brought over on change of Venue from Squire Higgin's Court. HEAD-NOTE. — (The equity of the case.) Where two persons cannot agree it is proper, especially on securing costs, to ap peal to Courts of Justice; and since equity will not suffer a right to be without a remedy, it is held, in the language so well adapted to some young lawyers that in fictione juris semper subsistit aquitas. STATEMENT OF THE CASE: Suit to recover the possession, if not eaten, or the price if eaten, of two hams, together with damages for loss of sleep sustained by the plaintiff. Snodgrass claims to have been awakened by a noise about the middle of one moonless night, and rushing out of