202
THE GREEN BAG
husband, Lavendar, had sued for divorce in the absence of his wife at her folks', but upon hearing of her death had dropped the suit; and in the present litigation claims the piano as survivor, on account of having paid half the purchase price, substantiating the allegation by receipts to him. Sworn copies of the Bill and answer in the divorce proceeding were introduced in evidence as hearing upon the question of intention as to property. At this moment an appealing voice speak ing the words "Oh, Enos " sounded from the corner of the room where a veiled woman had seated herself; and she was at once found by the constable huddled on the floor. Complainant, himself almost in a state of collapse, tottered to her side and relieved the constable; and the court adjourned without further inquisitiveness. Judgment by confession favor of Mr. & Mrs. Enos Lavendar, subject to lien and costs. BENEDICT LOVEJOY, O.L.D. BACHELLOR, Attorneys for Plaintiff. OPINION BY ATTOM, J. P.: i. The suit for divorce developed in the evidence intro duced has not been nor will be tried here. The court hopes none will come before it unless the parties remain alive till the costs are paid. This court does not advertise for divorces. Yet the one in question is so clean, though so bitter, that even this court could have stood to try it behind closed doors, there being no third party to spoil a pleasant little company of litigants. No prejudice is maintained here against the complainant for not bringing the suit here, nor against the defendant for not taking a change of venue. See recognized work on Removal of Causes. 2. Yet the court is not relieved from some responsibility respecting that case. Though brought in the circuit court, incidents so strong, yea, dramatic, bearing upon the relations of the parties, have occurred in this piano case as to impel the attaching of our jurisdiction thereto; and once attached, the case must be followed up to the bitter |
end, and all h — can't get us loose. The court will stop short of absolutely dis missing the suit as to files and records merely, but nevertheless does so as on the merits, and will lay down certain rules and opinions to hereafter govern such causes in this court. See some book on Practice. 3. The bonds of matrimony have often been applied to various impatient parties in this court. In fact, the court has worked up quite a bonding business. Many con scientious people regard our article as inferior to the sacred kind they get at the church; but the cases have made no dis tinction even though ours is much cheaper. Some marriages under religious auspices are sustained by a sense of duty, and some by desire for good form. Ours are apt to be sustained by poverty or fear. 4. When court adjourned in the piano case there was hardly enough left of it to support an opinion, yet that does not offset the costs, the constable will note. Complainant claimed the right to the piapo upon satisfying the attorney fee the piano secured; but upon the swooning of his erst while divorce client the defendant at once bid the court a fond auf wieder selien. We always took him for a soft-hearted fellow, and are again sustained. 5. But the defendant was right, if he could have followed it up without interference by the resurrection of that client, in his claim that he was not obliged to accept his fee from the husband and release the piano. He could hold the piano till the wife paid him, even to postponing the redemption to the beyond. Equity delighteth in Equal ity," and pauseth at survivorship; and Lavender had to pause because lacking proof of death. But while Equity delighteth, the court, just before the tableau, grieved that it had ever taken hold of an equity that could not help the young man out. Remanded to the circuit court for dis missal of Lavender vs. wife, and ordered that she with her husband be allowed to redeem the piano. INDIANAPOLIS, IND., March, 1908.
