Page:The Green Bag (1889–1914), Volume 20.pdf/272

 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 MAXIM VII. Equity Aids the Vigilant, not the Indolent. EDITOR'S NOTE : We do not believe the Squire was right. Make-up is very much a part of the histrionic art. For instance; what Would Juliet think, and above all how would she feel, in view of cosmetics, if Romeo were to make a mistake, and in place of the refined and sensitive gotee, he should adorn his physiognomy for the balcony scene with the facial peculiarity affected by the Russian nihilist? In such case Romeo would not survive Juliet, and the play would be spoiled. Whether the honors lean a little in favor of the Judge as between the freedom of his criticism from the involved language of the Heaven sent stage critic, and his own crimes revealed in the 3rd paragraph of the opinion in this case (which paragraph the special editor would like to omit here, as it will be omitted in the edition de luxe) will be left to a fair trial at hia day of judgment, for contempt in his own court, when no doubt it will be justly decided that as there is a reward for every virtue, so is there a punishment for every pun and no corroboration needed to convict. STORM vs. BARNES. Appeal by Defendant from the Propositions and Threats contained in the Summons EQUITY OF THE CASE : The well estab lished rule in equity against indolent delay applies against a stale claim long dormant, even where it is attempted to sustain it by only recent constructive possession, and this especially in favor of a party in con tinuous possession of the real key to the situation, abstract, or measured by penny weights and pounds, and in such party's

pocket; and held, that all keys are useful alike according to the value of the thing on the other side of the lock, and the time and manner in which the keys are turned. Where the use of the key to a trunk might tend to endanger if not Shift the equities as the court, finds them to exist, and in addition promote profitless wrangling, held that it is proper at once to decree upon the findings, apply the maxim, and assess the costs; for delay defeats equity. STATEMENT OP THE CASE. Plaintiff, Philander Storm, brings suit against the Hippodrome Theatre Company, for part of one week's wages, $30.00, and $20.00 borrowed money, and in his opening statement asks the court to protect his secur ity for the $20.00 consisting of a trunk which is being used to confine certain properties of the plaintiff in the way of items of make up such as bald scalps, wigs, sideburns, im perials, mustasches, gotees, whiskers, moles, a couple of tatoos, birthmarks, sets of corns and bunions with shoes to match, all of great value in his calling as actor. Defend ant claims he only loaned the trunk to plain tiff because of an accident to an old one of the .plaintiff's, and that this trunk is tem porarily located at the theatre. It seems an other claims a lien on the trunk in connection with a contract entered into some years years ago to manufacture it for the defend ant, on which contract there is a nearly outlawed balance of $10.00. This lienholder, since this suit was brought has delegated the stage carpenter to keep watch of the trunk for him. The defendant has delegated himself to watch the lien. He claims that though plaintiff is engaged under written contract at $50.00 per week as leading man in a melodranlatic repertoire now running