The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1876-04-07

X, thewen known lawyer, he other
day, and when the Judge had time 10
listen TO him he said
"Judge, my name is Sea oder. |
called TO see you about "A dog case that
kinder bewilders me, and | thought
maybe you might throw some light ON
her-might just give me the law points
SOS I'D know whether II was worth
while suing or not.
"Nell, Judge, YOU see me and man
named Potts went into partnership on n
dog. We bought him. lie was setter,
and me and Potts went shares on him
SOS TO take him out hunting. 1t was
never exactly settled which half Of him
| owned and which half belonged TO
Potts, but somehow kinder formed an
| idea in my own mind that the hind end
was Scudder's and the front end Potts's.
Consequence was that when the dog
barked Ialways said, there goes Potts's
half exercising ITSELF and when the
dogs tail wagged always considered
that my end was being agitated. And,
Of course, when one of my hind legs
scratched one of Potts's ears or one of
his shoulders, was perfectly satisfied:
first, because that sorter thing was good
for the whole dog and, second, because
the thing would get about even when
Potts's head would reach round and
bite a flea off of my hind legs or snap
at fly.
"Wel, things went along smooth
enough for "A while, until one day that
dog began to get into the habit or rum
ming around after his tail. He was the
ioolishest dog about that ever see.
Used to chase his tail round and round
until he got so giddy he couldn't bark
And YOU know | was skeered lest il
might hurt the dogs health. and as
Potts didn't seem to be willing to keep
his end from circulating in pursuit of
my end, | made mp my mind TO chop
the dogs tail OF, SOS to- make him re-
form and behave. So last, Saturday |
caused the dog to back up agin a log,
aud then ! suddenly dropped he AK ON
his tail, pretty close up, and the next
minute he was booming around that
yard, yowling like boat-load Of wild
eats. Just then Potts came up, and he
let on to be mad because I'd cut off that
tail. One word brought on another,
and pretty soon Potts sicked that dog ON
me my own half too, mind you-and
the dog bit me i'm the leg. bit piece
out. See that; look at thatlegi About
half "A pound gone eat up by that dog.
"Now, what want To see you about,
Judge, is this: Can't recover damages
for assault and battery from Potts?
What chopped of belonged To me, re-
collect. / owned an undivided half of
that setter pup, from the tip OF his tail
clear up to his third RIB, and had
right to cut away as much of il as I'd a
mind to; while Potts, being sole owner
Of the dogs head, is responsible when
he bites any body"
81 don't know, - replied the Judge,
musingly. "There haven't been any
decisions on cases exactly like 4 his. But
what does Mr.. Potts say upon the sub
jectP''
"Why, Potts's view is that / divided
the dog the wrong way. When he wants
to map out his half he drawsa line from
the middle of the nose, right along the
spine, and clear to- the end Of the tail.
That gives me one hind legand one fore
LEG and makes him joint proprietor in
the tail, And he says that if 1 wanted
to cut of my half Of the tail might
have done il, and lac wouldn't We cared;
but what made him mad was that |
wasted his property without consulting
him. But that theory seems to me a little
strained; and if it's legal, why, I'm GO
ing to close out my half of that dog at
sacrifice sooner than hold any interest
in him on those principles. Now, what
do you think about itP''
"Wel,- said the Judge, 81 can
hardly decide so important a question
of-hand; but at the first glance my
opinion is that You own the W hole dog
and that Potts also owns the VIII ole dog.
SO when he bites YOU a suit won't lie
against Potts, and the only thing yoe
can do TO obtain justice is to make the
dog bite Potts also. As for the tail,
when it is separated from the dog, il is
no longer the dogs tail, and il Is not
worth ightisg about"
Cant sue Potts, YOU sayn
II think not.'
Cant get damages for the meat
that's been bito Of me Pr
81 hardly think YOU can"
"Well, well and yet they talk about
American civilization, and temples of
Justice, and such things? All right Let
itgo. l kin stand it; but don't any body
ever undertake to tell me that the law
protects human beings in their rights.
Good morning, judge
await moment Mr.. Scudder,n
said the Judge; "you've forgotten my
fee.''
"F-f-ffee, why you don't charge
any thing when don't sue, do youl"
Certainly, for my advice. My fee
is ten dollars"
"Ten dollarsl Ten dollars, Why,
Judge, that's just what | paid for my
half of that dog haven't got Gfty