Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1872-11-08
9elctte0 MlistcIlanD.
Leaves from a lawyers Notebook.

COUNTRY JUSTICES-SITTING AS a JURY.
The blunders committed by Il country Squire
have been a constant source Of amusement in
legal and other jest books, from time whereof
the memory of man runneth not to the con-
trary and Missouri is not behind other States
in furnishing examples, although the stories
do not often get into print.
There resided ia W county, man
whom his neighhors saw ct 10 elect as jus
ticc of the pence, within and for the township,
to administer justice ms the law might require.
In course Of time n case came before our wor-
thy magistrate for trial, and on his court day
the parties appeared with their witnesses and
lawyers The witnesses told their story, the
LAWYERS made their speeches, and, after due
consideration, the squire gave judgment for
the plaintiff Within the ten days allowed for
appeal the defendant appeared with his securi-
ties and prayed an appeal. The squire reqni
rcd that the party should advance the costs Of
the suit before he would allow the appeal The
defendants attorney objected that the law did
not authorize him to impose any conditions.
except nm affidavit and bond, and these cond-
lions had been fnlflled. But his honor could
not see II lie had given judgment for costs
aud he could not wait for u year or two until
the case should be finally decided TO get HE
money. The attorney thinking it better to
humor the squire than to be ut the expense
and trouble Of procuring an order from the
circuit court. told the squire to make out his
fee bill so that he might pay it.
The justice made out the bill and among
the items was charge, Jury fee So. Now the
statute provides that if either party require
jury. the Justice shall cause one TO be sum
moned, but The party making the demand
must advance the jurors fees TO be paid at the
trial. But, squire, says the attorney, there
was no jury in the case. You tried it your
self aud you are not entitled to charge for the
fees Of Jurors when there were no jurors Ia the
case Mr.. Attorney, said the squire look
ing at him with most wise judi'isl face, Mr..
Attorney, sat as lbe jury 10 the case myself
and had grave doubts for which side should
give judgment, but when sit as jury | am
entitled to the legal fees allowed for a jury
and six jurors at fifty cents apiece, makes So
and that, SIR is all right, perfectly legal and
correct The lawyer collapsed.
REpLEyIN FOR a WIFE.
One Wright made con plant to Justice B of
G - county. that his wife refused to live
with him, aud that she was at the house Of her
broiher-n-law. and desired the squire 10 com
pei the woman to perform her marital duties,
aud to follow the fortune OF her liege lord
The Justice Turned yer his tatule-book, but
could find nothing which exactly fitted the
case He had no authority 10 issuea writ Of
habeas corpus, and The complainant could not
allege that she was imprisoned detained
against her will. But finally, after studyip
awhile, the brilliant idea struck him that an
action might lie under the statute for the
claim and delivery Of personal property, or
what the lawyers call writ Of repeyin. So
he prepared an affidavit and statement for the
plaintiff, that he A, was on the - day Of -,
lawfully entitled TO the possession Of one Ma
tilda A., the wife of the said A., and that the
defendant D. wrongfully detained from the
plaintiff the possession Of his said wife Matilda
Of the value Of - dollars, and that the plain
tiff was in great danger Of losing said proper
ty unless taken out Of defendants possession,
and asking Judgment for possession Of the said
Matilda and damages for her detention.
And thereupon the justice made an order in
regular form: The State of Missouri TO the
constable Of --- township: You are COM
mandcd to take Matilda A., Of the value Of -
dollars from The possession Of the defendant
D., and deliver her the said Matilda, TO the
said plaintiff A., upon his giving bond requi-
red by law, etc, following the regular pro-
vision Of the statute relating 10 claim and de-
livery OF personal property. Was not this re-
plevying mans wife with vengeance?
But the plaintiff did not get bis wife.r Of
she refused to 60 with the constable, and he
did not consider wife to be so much Of
chsliel that che could be .zker By fS-ce With
CIT e: ere cczssn;