174
THE GREEN BAG
been described. Plaintiff and defendant both touch on the matter softly; and as to whether the rubber is hard or soft, it is only intimated that it is hard to find; and we only know that we do not know what it will be like when found. Hence, on such an issue both parties would lose with costs. It has been admitted that the rubber was loaned, and it has an admitted value of $10.00. V. In the absence of citations on the point, it is left a case of doubt in the mind of the court, whether it is equitable to insist that the husband should .have the sole right to draw his wages. With a married man wages almost universally represent the liv ing, or expense, money of the family. Where the husband is a spendthrift, what a weekly, monthly, and yearly hardship it is upon the wife and children that no one but he may dispose of the earnings; and under many exemption laws he can laugh at legitimate debts for necessaries that harrass them because unpaid by him. Doubt less there are many cases where a prudent wife — not a bargain speculator — could make a better home with half the wages at her command, than will the spendthrift or drunken husband with the whole. VI. It is the opinion of the court that there was no prejudice suffered by plain tiff with respect to the evidence of the wit ness, Mrs. Stacy. Her animadversions on plaintiff's exit from a saloon were surely not material. And a self-respecting court never likes to take the chance of being the butt of the last word of some irrepressible female witness. Even when driven to the extreme of meting out to the offender pun ishment for contempt of court, there is really nothing, we have found, to prevent aggravation afterward of the embarrassment sought to be avoided. VII. One last guess at the subject of the bailment in this case — for a discovery of its nature seems almost necessary to a proper decision. The court grasps at it, and it bounds away, invisible — surely a
thing to tire. Who would wish to stand in this court's hosiery, and risk to walk wet shod, though cushion heeled, the slough of despond, with tear tubes welling, in appar ently vain attempt to circumscribe the thing that, if it were a pair, maybe would make the return trip dry? Who would join a band, suspending research here, to trace the rubber back to Indiana. No objection being offered, the court will erase from its mind the yearning for knowledge, remain content with ignorance and simply — rubber. VIII. The case will be continued thirty days to give the plaintiff time to find the article claimed by defendant. The costs, at the same old prices — no special rates — payable instanter by foregone conclusion, will be against the plaintiff in view of de fendant's offer to pay the amount claimed less $9.00. Judgment will be entered for the amount tendered if the plaintiff does equity in the premises, otherwise $10.00 less. Situation somewhat reversed.
MAXIM VI HE WHO COMES INTO EQUITY MUST COME WITH CLEAN HANDS Editor's Note : — The special editor might have understood the above maxim, had it not been for his carefully studying it while extending the notes of the subjoined case. There is nothing said about rain water and soap in connection with "mits," "digits," "hooks," or the distal segments otherwise known as manus. There is nothing by which he can sense it. There are the hands of a clock; and there is a maxim that reckons it well for the litigant to watch them, and keep the alarm wound up. Then there are hired hands; yet, though a party to suit chances to bring along a clean lawyer, it is thought it would be risky unless he is not afraid to take
