SQUIRE ATTOM'S DECISIONS
559
Defendant's counsel: Your Honor, we must spelling out so well-known an authority. insist-er-erThe court suggests the dictum that the Complainant's counsel: May it please the words "and treats that as done," following court, I think we will be able soon to show the first "done," are unnecessary in view the alleged payment. of the word "regards." The authority The Court : The court will see that what cited probably never realized that the maxim ought to be done is done. Constable, rap in the form given in this case was already for order! pretty well done. A. He didn't like his pisiniss. He said 2. One attribute of the maxim is that it yoost lately he had a homely gustomer. He had to use four diff — kinds — shapes off is quick acting. It does not wait till it is raissors to get ofer his face. applied to the facts by a court. It has done Q. Now, Mr. Bierschnickit, please state its duty, and only awaits the court's sanction. as near as you can, the conversation you Intervenor was too late and is asking too had with defendant about the $15.00 you much of even this court; for it cannot hold spoke of. in its original situation the outfit involved A. It was not a gonfersations. He did for barter and sale with view to a better it all. When the gustomer went away, why denn the parber keep right on and talk to deal, for the character and proprietorship the chair. This time he said, if this feller of the subject matter of the contract at would giff him funftsen dollars he would once changed their nature to the parties giff the odder feller pack his tsen dollars, and respectively. If it could the personalty that funf dollars would be felfet. might as well be handed over to any party The jury, upon failure to come to timely who would give 'steen down for it. Under agreement were, by consent, discharged. the maxim the goods were complainant's Defendant, through the courtesy of the from the moment of the conditional contract turnkey, communicating by 'phone without until he should make default in completion. leaving his apartments, agreed with the How? On the same theory that an alien, other parties to submit the cause to the incapacitated from devising land, may court. Judgment as of possession in favor nevertheless dispose of it by will directing of the complainant, the formality of a decree its sale, whereby the beneficiary to receive being dispensed with, subject to payment of the purchase money is simply the fortunate balance due on the barber outfit, and to the legatee instead of a devisee. It's all the rent due; the constable to make the costs same in Dutch. In the present case the against defendant at once by garnishment complainant's filthy lucre, paid and to be of complainant. paid, was turned into a talk shop. The price was to him the shop, the only thing HUGH MOROUS, Attorney for Complainant. he thought of. He became simply the WILL DOOLITTLE, Attorney for Defendant trustee of the price for the defendant who, B. E. HONEYZUCKLE, Attorney for Intervenor. on the other hand, had turned his shop into money, the only thing he thought of. OPINION, BY ATTOM, J. P. i. The trial If you can see the out-buildings in a fog court was right. In a learned exposition of you can see this. the maxim in question, one so nicely poised 3. It is not necessary to caution the con in phrase, and so applicable to the case under stable to look sharp for the costs. consideration, is found a fine specimen of Question Settled by UNANIMOUS OPIN tautology, at the hands of Mr. P. Brevity and ION. great respect requires that we refrain from DAVENPORT, IOWA, October. 1908.
