Plainsman

“ If he sues at law, resist and attempt to fight through the superior courts. When he finally obtains a judgment at law in your State, he will be compelled to resort to a suit in chancery for the purpose of selling the land. In either event he must come finally into a court of chancery and include the holders of these leases as parties defendant to his action. When this is done, the non resident lessees are not to appear, and he will be able to obtain service on them only by an order of publication. ”

“ By the practice in equity, as administered in the court of chancery and the house of lords in England, and in the courts of chancery and courts of errors in the states of New York and New Jersey, appeals lay from interlocutory, as well as from final, orders or decrees; and upon an appeal from an interlocutory order or decree the appellate court had the power of examining the merits of the case, and, upon deciding them in favor of the defendant, of dismissing the bill, and thus saving to both parties the needless expense of a further prosecution of the suit. ”

“ The magistrate, if the complaint be made to him, shall issue his warrant to summon the owner before him, and compel him to give bond and security to suffer the complainant to appear at the next court to petition the court to be admitted to sue in forma pauperis. If the owner refuse, the magistrate shall order the complainant into the custody of the officer serving the warrant, at the expence of the master, who shall keep him until the sitting of the court, and then produce him before it. ”

“ When he proceeds, and has received a final judgment against you, get your attorney to search the office appointed for that purpose in the Temple, and when he finds that judgment is actually signed, he must give notice to the plaintiff's attorney to attend the master to tax his costs, at which time your attorney must have a writ of error ready, and give it to the plaintiffs attorney before the master, which puts him to a very great expense, as he will have the same charges to go over again. ”

“ A. A Barrister is forced to do his best for his client, but a Solicitor is not. As a rule the Solicitor deputes to his Chief Clerk if he has one, or somebody in the office if he has not, the duties of conducting a suit through Chambers. ”

“ It is elementary that, where the ground of attachment may be alleged in the language of the statute, the authority to allow the writ need not be exercised by the judge of the court, but may be delegated by the legislature to an official, such as the clerk of the court. ”

“ Likewise an attorney, notary-public, or any other person, who shall presume to draw up, negotiate, of even to witness a bill of sale, or other instrument for such commitment, &c. offends equally against the law, because "All, or any person or persons, that shall frame, contrive, write, seal, or countersign any warrant or writing for such commitment, detainer, imprisonment, or transportation; or shall be advising, aiding, or assisting in the same, or any of them," are liable to all the penalties of the act. ”

“ I think when we are called upon, in the exercise of our equitable jurisdiction, to order an attorney to perform a contract, to pay money, or to fulfil an undertaking, there we have jurisdiction only if the undertaking or the contract is made in his character of attorney, or so connected with his character of attorney as to bring it within the power of the court to require that their officer shall behave well as an officer. ”

“ Second, That by virtue of said sale and sheriff's deed the title to the land described in the plaintiff's complaint became, and still is, vested in fee-simple absolute in the plaintiff herein, and that the plaintiff is entitled to recover in this action the land and premises described in the complaint by courses and distances, rejecting from the description in the said sheriff's deed the said false, mistaken, and repugnant calls, together with his costs of suit. ”

“ The Judge instantly compared the deed with the bill. “Why,” he said, turning to the butcher, “all the items you have sworn to were purchased anterior to the date of your entering into partnership. If any one is entitled to recover, it is your partner, whom the defendant alleges he has paid.” In one, as they are called, of the “Superior Courts,” I very much doubt whether either Judge or Jury would have discovered for themselves this important discrepancy. ”

“ The answer of the appellant-after a general denial of fraud and unfairness, and after admitting the taxing of the costs, the writing of the execution, the description of the land to be levied upon, the directions of the sheriff, and the preparation of the advertisements, all by himself-next insists upon the regularity and propriety of all these acts. He then proceeds to aver the performance of every prerequisite of the law with respect to such sales. ”

“ The spirit of the rule which is claimed in this case should go further to protect a plaintiff showing some right, although not the whole right, than to maintain that one can sue who has shown no right at all. ”

“ We see no vested right of plaintiffs which is violated by the decree, no contract of theirs impaired by the legislation complained of, and no injustice done them, and especially none which this court can remedy. ”

“ The most usual modes of exercising appellate jurisdiction, at least those, which are most known in the United States, are by a writ of error, or by an appeal, or by some process of removal of a suit from an inferior tribunal. ”

“ If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant, or, in a proper case, an involuntary plaintiff. ”

“ It is sufficient that he is averred not to have been, that a construction of the constitution was necessarily involved, and that the position of the plaintiff, in that connection, is not a frivolous one, or wholly destitute of foundation. ”

“ In this view, it is unnecessary to consider the questions raised as to the right of the complainant to relief in equity upon the allegations of the bill of complaint, or as to the justiciability of the controversy, if it were assumed that the requirements invoked by the complainant are still in effect. ”

“ Item: We ordain that the appeals taken from decisions for plaintiff or defendant in pecuniary suits, and in suits involving only private interests, when said decisions are pronounced by those who report to the governors and corregidors of the district of our said Audiencia, shall go before it; but as for all other matters heard by such judges, and as for the results of secret investigation, they shall go before our council of the Yndias. ”

“ That section authorizes an order to be made firecting an absent defendant, in any suit brought in a circuit court of the United States, to enforce any legal or equitable lien upon, or claim to, or to remove any incumbrance or lien or could upon, the title to real or personal property within the district where such suit is brought,-such defendant not being an inhabitant of or found therein, and not voluntarily appearing in the suit,-to appear, plead, answer, or demur by a designated day. ”

“ The defendant has paid a large and valuable consideration without any notice of the plaintiff's claim, has made his proofs, has had the decision of the Land Office in his favor. He has obtained an advantage of which a court of equity will not deprive him under the circumstances. ”

“ And be it further enacted, That if any consul, vice-consul, commercial agent, or vice-commercial agent, shall falsely and knowingly certify, that property belonging to foreigners is property belonging to citizens of the United States, he shall, on conviction thereof, in any court of competent jurisdiction, forfeit and pay a fine not exceeding ten thousand dollars, at the discretion of the court, and be imprisoned for any term not exceeding three years. ”

“ Prayer of the bill of complaint is for discovery, and that the rights of the parties and the dates and validity of their several liens in respect of the lands may be ascertained, and that the lands may be sold and the proceeds applied so far as can of right be done, to the payment of the amount due upon the decrees and for general relief. ”

“ It has often been observed that those persons about whose dignity there is any doubt, are the most rigorous in enforcing its observance. It is with Courts as it is with men; and as Small Debt Courts are sometimes apt to be held in some contempt, I found the Judge here very prompt in his decision, whenever a defendant did not appear by self or agent. Take a case in point:—
Barrister (to the Clerk of the Court) . Make an order in favor of the plaintiff.
Plaintiff’s Attorney. Your honor will give us speedy recovery? ”

“ And the appellant shall answer, 'I am such a man, A. de K., the appellant, the which is comen to this journey, &c., for to do, &c.' And then the Constable shall open the visor of his bassinet, so that he may plainly see his visage, and if it be the same man that is the appellant, then shall he make open the gates of the lists, and shall make him enter with the same arms, points, victuals and other lawful necessaries upon him, and also his counsel with him, and then he shall lead him afore the King, and then to his tent, where he shall abide till the defendant be comen. ”

“ Many a muddle makes a muckle for the lawyers.
No suit lasts longer than a suit in Chancery.
A conveyancer is never afraid of drafts.
A brief in the hand is worth two in a solicitor’s office.
’Tis better to have fought and lost than to have had no case at all.
Little plaintiffs have large fears.
The good solicitor is known by his good deeds.
Two heads, a leader and a junior, are better than one.
Law for Ladies.—Why ought every lady nowadays to learn the legal doctrine concerning “wrong to the person”?
Ans. They ought to learn it because it’s tort. (Ask any barrister!) ”

“ The complaint is in the usual form under the practice established in that state, where the action is brought to obtain possession of land alleged to be part of the public domain, but of which the plaintiff claims to have a better right of possession than his adversary. ”

“ Proclamation at four court terms of a levy of a fine shall be a final end to an issue of land, tenements, or other hereditaments and the decision shall bind persons and their heirs, whether they have knowledge or not of the decision, except for women-covert who were not parties, persons under the age of twenty-one, in prison, out of the nation, or not of whole mind, who are not parties. ”

“ With the several attorneys upon the list, plaintiff in error has an arrangement by which, in consideration of a fee paid by them to it, their names are inserted, and plaintiff in error guarantees to merchants and other persons sending claims to the attorneys that they will promptly and faithfully pay over all moneys collected. It furnishes the list of attorneys to business men and merchants throughout the United States. ”

“ I must admit that the relatives of the said family of redemptioners seem to be very firmly convinced of the identity which the plaintiff claims.... As, however, it is quite out of the question to take away a man's property upon grounds of this sort, I would suggest that the friends of the plaintiff, if honestly convinced of the justice of her pretensions, should make some effort to settle à l'aimable with the defendant, who has honestly and fairly paid his money for her. ”

“ What remedy the plaintiff may have for the loss of his property, or for the amount of the proceeds obtained on its sale, we are not called upon to determine in this case. There may be, perhaps, a claim against the government. ”

“ Art. 1230. 'Where the defendant is absent from the state, or is a nonresident of the state, the clerk shall, upon the application of any party to the suit, his agent or attorney, address a notice to the defendant requiring him to appear and answer the plaintiff's petition at the time and place of holding of the court, naming such time and place. ”

“ But his solicitor and his counsel and his counsel's clerk—particularly his counsel's clerk—soon put him at his ease, and instead of withdrawing at the feel of the bath, he is fain to plump right in. Whether he comes out on top or gets beaten is another matter; in any case, the trouble about the thing is that, win or lose, it is infinitely and appallingly costly. Law, the Englishman's birthright, is not to be given away. ”

“ On the 30th May, 1853, the present plaintiff, with his now deceased co-plaintiff, for the first time appear in the cause, make themselves parties in their capacity as 'heirs and universal legatees' of the original defendant, adopt his answers and defences, and ask for judgment over against the warrantors, in case judgment be rendered in favor of plaintiffs. ”

“ In the opening of the trial the counsel for the plaintiff made the following statement: 'After consultation with most of the counsel for the city, the disposition seems to be to respect the claims of the United States, either under its original disposition or under its purchases from private individuals. ”

“ We are to consider in this case whether the final judgment of the court of appeals of New York has deprived plaintiff in error of any right, title, or privilege under the constitution or laws of the United States. ”

“ No prudent man would accept a title to property executed by an attorney in fact, under a power in such very general and equivocal terms; a man may have 'a general and special agency to transact all manner of business,' without necessarily including therein a power to sell. ”