602
The Green Bag MOTION DENIED
STEPPED into the court-room of one of the judges of the Circuit Court in Chicago.
“Mrs. George Jeflerson
Washington
Jones v. Mr. G. J. W. Jones," roared the clerk in his loud bass voice. "I's representing the complainant in that, Judge. I wants an order for the payment of alimony and solicitor's fees.
My client —-" “Anyone here representing the defend ant?" inquired the Judge. “If the Court please, I—"
“No, sir!
No, sir, Judge!
He can't
appear here. He can't talk. Judge, he ain't got no right to say anything here. He has no right to talk in this here court whatever. No, sir! No, sir, Judge —" “Why not?" inquired the Judge. “Because, your Honor, he hasn't filed no appearance — he hasn't filed no ap pearance yet, Judge, and until he files an appearance he has no right to appear here." “Just a minute," interrupted the Judge. “Let us see here. Who are you appearing for?"
“I’s appearing for Mr.
Benjamin
Thomas Moses, your Honor."
“Who is that?" inquired the Judge, not catching the name. “Don't you know who Benjamin Thomas Moses is, Judge? Why, he is the biggest colored attorney in this yere city of Chicago. Why, your Honor, he,
he, he —" “No, no, no; I don't care who he is. What I want is his name. Benjamin Thomas Moses. Now I have it. “What have you to say about this?"
"No, Judge. No, sir! No, sir, Judge: he has no right to talk in this yere court
unless he files his appearance." “Well, let's hear what he has to say‘,
anyway," replied
the Judge with his
usual suavity and good humor. “Now, if the court please, I am not
here to represent the defendant or am test the motion. I am simply here to suggest to the court that this suit for
divorce was filed yesterday afternoon; and that late last evening the defendant was served with notice that they would appear before your Honor this morning and ask for solicitor's fees and alimony.
The defendant has not yet appeared, and has yet ten days in which to do so before he can be defaulted. Until he appears or is defaulted, I suggest to
your Honor that the court has no juris diction over the defendant and that any order entered against him would be null and void. That is all, your Honor." “What have you to say as to those facts?" asked the Judge of the colored
attorney.
‘
“Them is substantially the facts, your
Honor. He didn't think we was going to give him time to come in and beat this here motion, did he? I don't see for the life of me how that lawyer ever got here,
as it is." “Upon examining the files,"
con
tinued the Judge, “1 find they agree with those facts. While some judges do allow motions of this kind, I never have. I hold that the court has no jurisdiction over the man until he appears or has
been defaulted, and consequently can render no valid order against him.
Mo
tion is therefore denied.”
continued the Judge, addressing a neatly
“Ah! ah! ah! Judge, your Honor, I just knowed that there lawyer would
dressed fine appearing young man. “Are
defeat my motion if he got here," consol
you representing the defendant?"
ingly added the colored lawyer. “Motion denied. Call the next case,
“Your Honor —-" he began, but was
interrupted by the colored lawyer.
Mr. Clerk," concluded the Judge.
