558
THE GREEN BAG
SQUIRE ATTOM'S DECISIONS UNDER THE TWELVE OR FOURTEEN MAXIMS OF EQUITY As SPECIALLY EDITED BY HERBERT J. ADAMS and principal haranger of the Golden Silence MAXIM IX. Equity Regards that as Done which Ought to Club, paid $10.00 earnest money, claiming right of possession at the end of two months. be Done. NOTE : — In a manuscript volume of law- One, T.O.O. Lately, intervenes claiming the school lectures loaned him by the city attor property under a similar contract, $15.00 ney, the special editor gropingly stumbled cash, possession in a month. At time of these words: "Without the application of levy, when both contracts were due to be this maxim it would in most cases be almost impossible to have property in equity." complied with, defendant was in jail at the This may be the turning point in his life, instance of a patron whose beard he had for he has never had any luck with property shaved too short. Defendant at first re in equity, never having heard of the im fused to give up the key to the shop, but portant part this maxim plays in its ac acquiesced when our constable showed him quirement. The maxim for him every time. how. The -scene opens with attempt of com STILLSON vs. WORDSWORTH plainant's counsel to cajole defendant's Lately, Intervenor. landlord, who was present with his rent claim Appealing strongly to the Court in view of $4.50, to submit himself to the court's of the peculiar methods of working up busi eye and oath, on pain, etc. ness in vogue in Squire Higgin's jurisdiction. Witness, Bierschnickit, first subpoenaed, EQUITY OP THE CASE: — Where the trial tendered his fee, heard to swear, regularly court, for the purpose of settling contention on behalf of complainant, and irregularly arising in the progress of the trial, has on his own behalf, shown the witness stand, occasion to announce some well-known prin took the chair indicated, and looked sorry ciple, held, it may deviate from the exact that the seat was not a back one. phrasing of even the highest authority, Q. Have you ever heard defendant speak? especially where the jury might otherwise A. We heered him talkin' pretty much be influenced to passion, to be seriously all the time. He said he wass goin' to aggravated by their condition of duress. a tonsorrel parlor, and he mofed in, and Where complainant, in the first instance, have when I come back he had a parber shop. offers no proof of his grounds of attachment, We didn't like that. yet if the situation of the parties at the trial Q. — about his business affairs? is obviously such as, and the evidence of the A. Yess, he said he wass goin' out of merits, tend to prove the right, held, that pisness. A feller said he would gif him it is no injustice to defendant that he be not funftsen dollars, and — brought in personally; certainly, when he is Q. When did this take place? filling a long-felt want in jail; for if he were A. Some day when I wass in der. You, in court, Equity would regard him as in see I set in der and wait for my rent. I capacitated in the hands of the constable read the paper. with costs. Q. State how he came to speak about it? A. He didn't come. I come der. He STATEMENT OF THE CASE. didn't like his pisniss any more, yet. He Attachment, levied upon barber chair and said "always lather from one punch off outfit to enforce contract by defendant to mugs onto anodder punch of mugs," — he sell same. The complainant, Stillson, barber said to me.
