The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1858-09-17


EDITORS GATE Cry: A rule adopted BY the
District Court Of this county at its October
term, 1857, has been the subject of much err
roneous comment, and as my name has been
brought into public connection with it, / pro-
pose to state briefly what the rule really is,
and its history.
First, then, the rule itself has never been
truly published, and as hive it before me
now, as recorded in the Clerks office, give
it in full:
"That when the Court is satisfied that n
defense is put in for delay, or is entirely
unfounded, or when defendant has been
sued in the wrong county and has itremoved
to the proper county, for that cause the suit
is dismissed and when the plaintiffs suit is
without reasonable grounds, or is malicious
and vexatious, the Court Will, in addition to
the costs heretofore allowed by law, allow
the prevailing Marty such costs for his loss Of
time, counsel fees, and expenses actually
and necessarily incurred about the prosecu-
ton or defense Of the suit as the Court may
fad to be equitable"
The Legislature passed an act, approved
January -, 1857, authorizing the Courts to
adopt rules on these subjects, but providing
that any rule on the subject Of costs adopted
by the District Court should not be in force
until approved by the Judges Of the Su
preme Court. The rule Of our Court has
never been approved by the Judges Of the
Supreme Court, and has, therefore, never
been in force. The act will be found on
page Al Of Laws Of 1857.
I'd. The story Of its adoption is this At
the October Term, 1857, ut r. Madison, the
attention of the Court and Bar was called
by some one to the law, and the Court re-
quested ne to draw up rule in conformity
with its provisions, which | dhi, and which
the Court adopted.
Sd. AT the time the rule was adopted, no
one anticipated the calamity which has over
wheimed the community, and which ha.
created the necessity for so many suits 10
collect just debts, and to clear property Gu
numbered by numerous mortgages, una
bring il into the hands Of its real owners
The rule has been referred to and published
as though 1t referred exclusively to defend
ants +; but il will be seen BY examining it rs
gwen above, TINT it also applies to plaintiffs
who bring suits without any reasonable cause
for 50 doing, or who have prosecuted mali
ciously or yexa,iousiy, and the whole is left
to The equitable discretion Of the Court. In
short, the spirit Of the rule IS, that when
either party commences or rrotracts litiga-
ton, evidently for the purpose Of esadng
justice, or 10 crafty bis malice, he shall pay
the expenses Which be causes the successful
party to incur and il is, in my Judgment,
both wise and just.
SAM'L +. MILLER.
[ Nc give place to the above in order that
Mr. Miller may set himself right before the
pubic. ihis statement is not designed to
touch and does not affect the Issue between
ctr correspondent l.. and Judge Ciagett.--
F The fact shat Nh Miller drew up the rule
al Tie requsitJ The Court does MT explain
q! excuse the fact that Judge Clagett eer,i-
fed the rnie to every court in the District. !
( lSIFRGsr@e DIscoyERIEs.- The sandstone
rocks Of Auersbach, in Bohemia have been
visited by persons from all parts OF the globe.
on account of their groiesaus and fantastic
forms. Ten years ago another dcfle Of sand.
stA.ercrks was discnvryed near W et.l .ls}nrf
T. this I. now 10 be added the discovery OF n
grand layer Of petrilei trees. II stretches To
tha extent Of two miles and half in length
and ahaf nile in breadth, and there is one
point where twenty or thirty thousand stems
81 petriiie3 wood may be seen at one glance.
u " poHosin, the intrepid nronau.,
whose exc1rslSps on horseback caused SO
hucs excitement IN London, has met the fate
Of oevera Of his predecessors. He fell into
the sea near Malaga, when descending with
his balloon, aud was drowned.