Page:The Green Bag (1889–1914), Volume 18.pdf/493

 460

THE GREEN BAG

doors, found the hams alleged missing. He and that if this ravine is not removed they also alleges that he found any trace of the ought to continue such relations. As for the intruder also missing; but alleges suspicions loss of sleep, Wicks seems to have gone out so strong as to amount to absolute convic of his way in attempting to pile up unneces sary witness fees, expecting Snodgrass will tion. T. Barrymore Swingle, Attorney for have to pay them, and which are of no benefit to thisc ourt, in getting the neigh Plaintiff. Col. Scapegrace, Attorney for Defendant. bors to testify against him, which witnesses Opinion by Attom, J. P: — The court will also testify to great loss of sleep. By these say at the outset that the allegations of the Wicks has more than proved that Snodgrass plaintiff were not long ago the basis of a must have awakened himself by his own criminal prosecution against the defendant. snoring. The court was in hopes Wicks would be con V. Snodgrass has proved nothing by the victed; because, when the theft, if such it testimony that the smoke-house is on Wicks's was, was first reported, the court was com side of his place, in plain sight. Moreover, pelled to instruct its wife not to buy any Snodgrass had the power of selection of loca more ham until the matter blew over; thus tion when he built the smoke-house. And avoiding possibility of being pinched for further, plaintiff's own testimony shows the receiving stolen goods; for she could not fact that if he had any hams left in the morn take refuge under the maxim controlling in ing, it was due alone to his having locked the this case, by reason of one of the numerous door after, and only after, he missed the exceptions, that the right claimed must be hams in question. But Wicks has gained one of which the municipal law can take nothing by his lampoons on the plaintiff because of a weakness the latter has probably cognizance. II. Plainly, according to the maxim in enjoyed from his mother's womb. question, the plaintiff ought to have a VI. However, while the law must have remedy for the loss of his hams, if they were its way, equity, in this case also has a way. good hams. How are we to know that? Though this court would otherwise render He has brought no ham for this court to test. judgment for the fuil claim of $28.02, hams He only has testified to the value. Wicks and sleep, it is the opinion of this court that before it is entered, plaintiff should reduce has not. III. Another exception to the maxim is his claim to less than the minimum amount that equity will not afford relief where there appealable. If he remits all but $24.99 tne has always been a full, adequate, and com defendant cannot appeal. A judgment for plete remedy at law. Therefore it is, that $24.99 against Wicks is just as good as one in all other courts of equity except this, if a for a larger amount, and won't hurt the law court has had a chance at a case, equity latter a cent's worth. Too, by this judg can only sit by and smile regardless of which ment there will be a judicial understanding side wins. In the case at bar, however, as to where the hams went, and the lesion in though the court has already decided on the the ham market just at this time when eggs judgment that ought to be rendered and are so cheap will be cured. And the court docketed, the facts in the case are such that, believes the sun will continue to rise and set on the plaintiff and the defendant, Snodgrass notwithstanding, howsomever. But. IV. It is undisputed that the plaintiff and Wicks, as it has arisen and sat on them and defendant have lived for some time in in the past, and to the same extent that it comparative neighborly peace, partially due has always done on everybody else. Change of venue sustained. to the fact that there is a one hundred foot deep ravine between their respective houses;