The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1881-05-04
A Georgia Judge.
ALBANY Law Journal.

Al.l
The Georgia reports are a year and half
behind. But when We read Judge Bleck-
ley's opinions. and reflect that we are read
ing the last of them, we wish that these re-
ports were much more in arrear, so that we
could continue TO be refreshedand delighted
by the unfailing fountain of his wisdom and
humor.
In Hartman against First Bryan Baptist
Church. which involved breach of con
tract to furnisha steamboat for an excursion
for the society, the Judge says: "A Com
mitteeman on board was threatened with a
most profane form of immersion"
In kupperman against McGehee. he says:
Trusts are children of equity; and in
Court of Equity they are at home-under
the family roof tree and around the hearth
of their ancestor"
In Nussbaum against Hebron, son car
ned on business in the name of This father,
because he felt that his own name was under
a mercantile cloud. As Judge Bleckley ex-
presses it: According to the charges of the
bill, the father had no capital and the son
no character. The man without character
carried on business in the name, and upon
the credit, of the man without capital"
In Dee against Porter We find the follow
ing: at not infrequently happens that
judgment is affirmed upon theory of the
case which did not occur to the Court that
rendered it, or which did occur and was ex-
pressly repudiated. The human mind is so
constituted that in many instances it finds
the truth when wholly unable to find the
way that leads to il.
1.-The pupil of impulse il forc'd him along
His conduct still right with his argument wrong:
Still aiming at honor, yet fearing TO roam,
The coachman was tipsy, the chariot drove home"
In Forester against State the defendant
undertook to evade the law against retail
ing intoxicating liquors without a license,
by having his cook sell them in his kitchen
I'm the defendants kitchen, by his servant
in his presence, and with his cooperation
through the responses. Go TO Mary and
carried on. There is little doubt that the
defendant was the deity of this rude shrine,
and that Mary was only the ministering
prieSteSs. But If she was the divinity and
he her attending spirit to warn thirsty
devotees where to drink, and at whose feet
to lay their tribute, he is amenable to the
State as the promoter of forbidden libations.
Whether IN these usurped rights he was
serving Mary or Mary him, may make a
difference with the gods and goddesses, but
makes none with men,"
In Lester against Lester the question was
about attaching husband for contempt in
refusing to pay alImGney. This is what the
Judge thought about it: IF man, though
having health, will not work for the support
n. a
not assume direct control of his will and
muscle and compel him to labor. To be
idle, taking the consequences, is one of the
privileges OF q freeman. unless he is con-
victed of penalty of some offense and put
To work as a punishment. But while a
Civil Court can not order an able-bodied
man to 90 to work, it can, in q
proper case Tor alimonv, order him to con
tribute so much money at such and such
times to the maintenance of his dependent
family, and leave him to provide the money
by the free and voluntary exercise of his
faculties mental and physical, or by any
other means at his command. The attach
ment will bring the actual resources of the
respondent TO practical and decisive test.
Pressure is great concentration and devel-
oper of force. Under the stress of an attach
ment, even the vision of the respondent
himself may be cleared and frightened, so
that he will discern ways and means which
were once hidden from him, or seen OBJ
scurely." 1606RS...sa
In speaking of the power of amendment
on appeal in Burrus against Moore, he says:
Curative measures are not restricted to the
early stages of a case; our Court physicians
now treat chronic disorders as well as acute
ones"
In Dodd against Middleton, the Judge
dissented in the following terms: "If
could be reinforced here by the votes, as /
am by the opinions of the Supreme judicial
Court of Massachusetts, and the Court of APP
peals OF New York, could easily put my
brethren in the minority but, as it is, they
are two against one, and have no option
but to yield to the force of the numbers-in
other words, to the tyranny of nnjorities
Though twice beaten, 1 am stu strong in
the true faith, and / am ready to suffer
for it moderately on all proper occa-
siQnsm