Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1877-11-21

in 9onestion such action of the court, is by
takipp exception to the Judgment or order
that disposes of the case, or by some pro-
ceedinS to get the error corrected Man
damus is not u remedy against an CHROME,
GUS order or Judgment. 1t IS only adapted
to the compelling of something to DC dohe
in consequence of the order or judgment
made or rendered, which it is the duty OF
the officer of the law to do. 1t presupposes
that an order has been made or judg-
ment rendered. This disposcs OF the case
so far rs it rests on the assumption That inc
court had rendered Il judgment IN The case
but had neglected or refused to have 1t
entered upon the docket; for, rs before
said, the entry directed by the court shows
the action of the court constituting the DIS
position of the case at and for the term
Unless that entry shows definite decision
then no final judgment has been rendered
and the case continues t. be pending in the
court.
If the petition be regarded as asking in
the alternative for writ OF procedeHdo,
the case us disclosed, shows no ground Or
occasion for such writ. 1t is not shown
that the court has neglected, or is in the
process of neglecting, or is likely to
neglect its duty in the matter OF render
ing final judgment in the case. Without
spending time in discourse as to what
might be the duty of the court in an ordl-
nary suit at law between parties, 1t Will
| fully serve present purposes to remark
that not alone are the personal interest OF
the parties to II divorce suit involved; but
the interests Of children and the interests
of the public, as the public stand related
to and affected by the institution of mar
riagc-an institution more vital than any
other to society and its well being-re-
sultng, rs it does, on the fact ana relations
and duties Of parentage-invoving, rs it
does, the current support and the progress
sive development and education of chill
tren in mind and morals, IN sentiment
and conduct and manners. When con
sidered in these respects only in its secu-
iar complexion, it is obvious that IL pro-
ceeding in court for tire sovering of the
marrage-bond is 10 be regarded by the
court as requiring much to be considered
that does not appcrtan to in ordinary SUIT
ut law. The court is charged with IL duty
to the public and to the children, and ST.
far as my own experience has gone, and
So far us | know of the views and action
of other judges, that duty to the public
and to the children has constituted an i'm
portant factor in determining the cousrc to
be taken with the given case. After the
evidence has all been given upon which
the action Of the court was asked, | have
in several cases, ordered II continuance TO |
the next term and that the other party, or
other persons should then be called to tesli, |
ty for the information and satisfaction of
the court as TO certain features of the case
In ca pdrtc trials and also in contested |
cases | am accustomed to examine wit |
nesses sharply and thoroughly, TO elicit us
fully as possible all the facts and cirCum |
stanccs not merely as bearing on the al.
legged cause; but rs bearing on the inter
ests of the children and Of the public, t.
be affected by the result Of the proceeding
have known, in cases in which the stat
ute does not make the Witnesses, u contn
uance to be ordered by the court, where
the libelee was not appearing, and such
llbeIee ordered to appear and submit to
examination by the court Such Il course
Is often the only means the court has to
protect itself from being made the instru
ment of flaul upon the law in cullusive
cases instituted by some members of the
bar, who are sworn not to "do any false
hood in court nor consent that any be
done, and, if they know of any, they will
give knowledge thereat to the Judges, or
some Of them, that the same may be re
formed" And in spite of this means we
often find ourselves victimizcd by the i'm
positions Of certain exceptional LAWYERS,
so-called. A wider range of illustration
is not necessary in order to show how di-
vorce cases are regarded, rs warranling
and requiring IL consideration and hand |
ling by courts, differing in that respect
from ordinary suits at law. We assume
to be-true the answer of the respondents as
to the views and reasons upon which the
case was continued; and we regard such |
continuance us being within the province
OF the court, and in the exercise OF a law
full and judicious discretion. The hope
that the parties might become reconcilrd |
and continue to live together as husband |
and wife. and as father and mother of the |
event of such moment TO |
themselves us the parents of the children
would seem to justly amply, if not to
demand the continuance, in the exelclse
of any discretion, judicial or humane,
that should not be su4jugatcd BY the ske.-
eton hand of heartlcss, not to say sense
less techniCalily.
There is another and decisive ground
and reason for denying the writ. Pnis
court us now constituted, may not be
counted upon Tor help towards enforcinr
tctlon OF The county court in behalf of n
party who has absconded from The realm
Tor the purpose OF delyng the jurisdiction
tad the orders Of the judicial authorities of
.he state IN the very matters IN reference
o which he Is asking the action of this
court IN his own favor. If he makes him
'elt an alien in emnity to The jurisdiction
'hu judicial authorities of the State in ref
erence to II matter whereof that authority
had jurisdiction, as well as of himself. the
character OF alien enemy will adhere to
nm when he asks Ofthis court help towards
rendering his enmity successful.
we commend to any member of the bar
IN Interested consideration of the D ,sture
n which he places himself when he ayows
nat the departure OF his client from the
calm was by his professional advice in
he pending cause,
What have just said is the unanimous
opinion OF the court, with the execution uf
Judge Redlield, who dld not sit in the ease
ND each of them lrls seen the op,n.
on ana approved of it. Petition is dis.