Page:The Green Bag (1889–1914), Volume 20.pdf/274

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SQUIRE ATTOM'S DECISIONS plainant as inducement to or security for,— it matters not which — the loan, the recept acle Storm brought there having been care lessly smashed by this same carpente.r of this same theatre, where there seem to be authoritative monitors of correct home conduct. The plaintiff here scores one. 7. As to the $10.00 lien claimed, it may be said there is no question here of priority of equities, which would be gauged by another maxim. This is too well known to any farming community to need elucidation. The language in one of the cases is clear. "A court of equity (like this) is never active (in the dog-days) in relief against conscience or public convenience, has always refused its aid to stale demands where the party has slept upon his rights," and more. Mr. Shellfish's 54th Edition. You see how it is. A man may well sleep upon his purse, if there is anything in it; but this is different. 8. The court is inclined to believe that the gallery is often a good judge of acting, particularly when the part does not involve those customs, situation and ideals which the personnel of the gallery fall short of being much acquainted with. 9. The court, the constable and the jury it is apprehended, have not the necessary tickets by which they may gain needed information as to this play-acting, and such as can not be gotten out of an investigation of the contents of the trunk. Upon produc tion of the "passports this case will be con tinued till to-morrow; and the jury may retire, the court only suggesting that they take seats as far forward as possible, yet avoiding the fiercer glare of the footlights. The court, and no doubt the jury have already made up their minds, subject only to the result of observations this evening. If the character, John Tressider, comes in to supper, throws his leg over the back of his chair and then himself into it, in the approved hurry of the waggish workingman, of course the court and jury may change their mind. And if nothing is doing in

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this line, it may at least be determined who Bessie is wife to. 10. In the meantime it is hoped the plaintiff will keep the key to the trunk in his pocket in public, and the trunk where he pleases, until settlement is made of the loan, and thereby keep himself awake as to the equities. Upon finding that the plaintiff very aptly portrays the home manners of the workingman as they are and ought to be, DELAYED JUDGMENT in his favor is AFFIRMED. MAXIM VIII Rquality is Equity. EDITOR'S NOTE: The special editor would like to see the opinion, which he has taken unusual pains to draw out of the shorthand notes of this case, introduced into the schools. LAVENDAR vs. BACHELOR. Appeal from chattel mortgage foreclosure by Officer of State Court.

EQUITY OF THE CASE: When personal property of one alleged by complainant to be deceased is in possesion of defendant under bill of sale to secure payment of money by the owper, although complainant, husband of such owner proves an equity therein, held, that equity can't help such party out, though never so de-light-ed to do so as being nothing more than a square deal. Where parties to a divorce suit brought in one court, come together like old times in another court, held, that the latter forum may, under what equitable jurisdiction it boasts, equalize the honors, order a dis missal, and wait for the order to be com plied with. STATEMENT OF THE CASE. Enos Lavendar brings replevin to secure possession of a piano claimed by defendant under a bill of sale from the wife of Lavendar, conditioned upon her failure to pay the vendee's attornev fee in said case. The