ANIMADVERSION OF COUNSEL BY THE COURT.
By Frank W. Hackett.
T WONDER if the young practitioner of
How then are the plaintiffs to prove this alle
the present day is advised to provide gation in their writ, unless by parol evidence? The
himself with a huge " Lawyer's Common 'counsel for Day has not informed us, and we do
place Book," wherein to enter notes under not know. — Metcalf, J. Root v. Fellowes, 6
the head of " Titles generally used in the Gushing, 30.
There really is no question in this case that will
Practice and Study of the Law." Such was
bear
argument. — Fletcher, J. Central Bridge
the fashion when I came to the bar. Ten
Corporation v. Sleeper, 8 Cush. 327.
hundred and fifty pages in a stout binding
There is a point in the case that seems never to
opened up a magnificent prospect for the have occurred to counsel. — Metcalf, J. Hills v. Farrington, 3 Allen, 429.
collection and orderly arrangement of legal odds and ends at the time I entered the field. We are somewhat embarrassed in our consider And I well remember my going at the task ation of the voluminous bill of exceptions in this nobly. The bulky volume I confess, how case. ... As the whole trial proceeded upon ever, has stood untouched upon the shelf for an unfounded assumption and misapprehension of many years. To-day I have taken it down, the law applicable to the issue, it is difficult to knocked off the accumulated dust, and turned determine what rulings were appropriate or material under such circumstances. The whole was a mis over its leaves, in the hope of finding some thing wherewith to appease the courteous trial; and the discussion at the bar seems to be but inexorable demands of the Editor of whether it was a mistrial properly and regularly conducted. — Hoar, J. Haywood v. Draper, 3 the "Green Bag." That remorseless in truder into the quiet and retirement of a Allen, 552. It is difficult to determine the rights of parties lawyer's hour of ease has by some sharp upon pleadings so inartificial, and loose as those in practice (known only to himself) got an the present case. — Wells, J. Vinal v. Richard order upon me to send a contribution to his son, 13 Allen, 525. unique and remarkable journal. It is a way We admit the correctness of the concluding of circumvention that he has. paragraph in the defendant's written argument, As I glance over vast areas of white pages, that law and equity usually draw after them the with only here and there a brief entry, I am judgment of the court, but in this case we can about to close the book and lift it back to its not perceive that either is on the side of the de fendant. — Parris, J. Hasty v. Wheeler, 3 Fairf. wonted post, when my eye falls upon a head line, at page 855, " Counsel, Animadversion 440. We are at a loss to understand the grounds on upon, by Court." Not having time to pre pare an article, it occurs to me that I will which these exceptions rest. — Bigelow, C. J. copy out certain entries I find under this Cox v. Cook, 14 Allen, 165. These exceptions are groundless. — Bigelow, J. title, since they may prove interesting to Morris v. Bowman, 12 Gray, 468. other readers than myself. The entries The declaration in this case is drawn with no have the merit, at least, of being genuine legal precision or accuracy, and we cannot be cer excerpts clapped into this repository at a tain that we understand exactly what is intended day when the fresh aspirations of - youth to be alleged. — Hoar, J. Benson v. Gas Light attended the ceremony. Let me string Co., 6 Allen, 149. them along; for all disconnected as they The bill of exceptions (so called ) in this case is are, they once formed a part of the res a sort of abstract or index to the history of a case tried in the Western District of Pennsylvania. gcsta : —
