Page:The Green Bag (1889–1914), Volume 24.pdf/296

 The Editor's Bag be unprepared when cases are called for trial, is notorious, but to place the blame THE suggestion of the National for delays on the lawyers is to argue in Corporation Reporter, regarding favor of the "umpire" theory of the titles of cases, seems a good one. It is function of the court — the theory that that the title of the case, after appeal, it is the lawyer, and not the judge, who read simply "John Smith v. Henry tries the case. Are plaintiffs often non Jones," as in the court of first instance, suited when counsel comes into court without words to indicate whether plain unprepared? This reminds us of the tiff or defendant is the appellant, and gentle rebuke of the physician to the that where there are several parties on woman who found difficulty in regulat one side only one of whom joins in the ing the conduct of her infant daughter — appeal, the title read as in the court "Well, who's the mother?" below, solely with the addition of "Wil liam Jones, appellant." This is a sim HOW THEY RAN pler mode of entitling cases than the cum brous methods which seem to have been MALACHI CASEY was in court as often employed. a witness, and with each suc The Illinois statute requires review ceeding question put to him his never ing courts to observe the same order brilliant mental powers became more of parties as in the trial court. In states and more confused. At last he was where no Such rule obtains, it is likely asked to tell about the situation of a to be treated as an innovation impos certain flight of stairs. sible of accomplishment without legis "How do those stairs run?" asked lation. In the interest of simplicity the examining counsel, whose patience and uniformity, it seems highly desir was well nigh exhausted by his efforts able, however, to establish such a sensible to elicit information from Malachi. convenient rule if possible in all juris "Phwat is it you're askin' me now?" dictions. repeated Malachi, bewildered. ENTITLING CASES

"I asked you how those stairs run?" repeated the counsel, with great dis WHO'S THE JUDGE? tinctness of enunciation. riS human nature to try to shift "Thim stairs!" muttered Malachi, burdens to others, and it is only evidently cursed with doubt. Suddenly natural for judges to express the feel his stupid face brightened. "Why, sor," ing that the "law's delay" is "the law he said, with his eyes fixed on the coun yers' delay." The proclivity of law sel, whose gaze he felt sure would now yers to request adjournments, and to be approving, " If wan is at the fut