The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1882-04-22

Sihlln clhlIIis. litlr are iSSllc> Tor a irSt
class suit. Ii Blown were pinperl, Az
preached he would pr"babl, pa, $40
possibly $50. smith is sure he La
lost 500. and that brown ought to ia
1t all. He decides to enforce his rights
The lawyer will begin 4 suit for $40
When it is ready for trial he wants 81
more. The clerk fee and the Jury fee
are. Say 50 more. Tie witness fees ar
81.
Smith loses in all fourteen days time
worth S2S. vt til. close of tn. trial TIN
lawyer wants $25 more. Total ,iisburse
memt, SIS The estimated loss vas 800
To this add the costs NJ the action. ant
the total damage is slSS.
Now, taking the average OF cases o
this kind, Smith will he fortunate if h,
RECEIVERS a verdict of so In such ca>t
his net loss will be $l63 or S63 more THAI
it would have been if he had kept out %
court and let his rights 90. II ht
had compromised with Brown and got
rem $40 or SEQ. that would have bee!
clear g,iu: his victory in the cor.t ha,
been Il clear loss. AMI :. more disastrous
one than the original infection. So li,1c!,
l"r the plaintiff side.
Now let Us see about the defendant.
lie might compromise with his shboi
| by pay ing say so; but he will not He
will fight the suit III whatever cost. His
lawyers fees alone are so; he loses time,
| worth at least :2j, and has ;53j to pay at
| the end; the total is u>t twic" the amount
shat the Case might have been settled
tor. The ori. iual damage was said 20 be
500. The Two men spend *lS> i'll law
ns it. and of this ohly 80 goes from
one to the other; the other ?lj3 l., dead
loss, which must be added to the original
800 To show the real damage,
/. These figures are furnished ils oy
| authority which cannot BE- questioned, as
very fair average figures. We are as
surcd that the relative actual results OF
ordinary litigation will show clear loss
quite rs startling as this, and that yer,
large percentage of cases show Il much
larger loss, especially when new trials
appeals. and collateral suits are involved.
This column Is regularly read in at least
one hundred families in d rural neighbour
hood i'll this state, where a litigation that
began about Il few sheep has gone on un
til the court costs alone. three Years ago.
had amounted IT, over 800 aud. 81 far as
We know. they are still rolling up.
y. But the most important c"iSidc,a-
fi"n> are yet tn he mentioned. and these
90 to the uncertainty OF the result |.
the man who knew he had "A right to re-
cover could be even reasonably sure, his
case would be comparatively an easy one
But nothing in this world of uncertain
IA law suit. Nor is this because judges
and .iur es and lawyers are worse than
other men. Consider the contingencies
necessarily involved.
% The statement OF the case. Not
one man in hundred knows how Ia
state his case to his own lawyer in it.
ness that he ought to win, and he rests
chiefly on that.
ca The presentation of the case by
the lawyer to the court and jury Not
one lawyer in a hundred can state case
in its full strength after 1t has been clear.
ly stated to him.
CD The evidence is always uncer
tain. Old lawyers often remark that few
things are SO difficult as to extract the
truth from witness who knows it; and
it must always be remembered that IN
the nature Of things witness seldom know
more than fraction of what it is desired
TO prove. And the risk of material wit
ness being sick. or dead. or on journey
IT the very inotneut lie is needed. is also
consider ,bl, thousands If cases are de-
leated by such miscarIia-es.
a. Allowances must always be made
for the Incompetence of Judges and juricS.
Neraicts tlatly against evidence are an
every day occurrence, aud the grossest
ignorance of the law on the bench is the
perpetual disgust of the painstakch at
torney.
o. Finally perhaps the most treach-
crouS feature of litigation is the uncer-
tlinty of the issue upon which the ease
will at last b: disposed of. The plaintiff
and the defendant assume of course. that
the whole story will come out. and that
the tiual Judgment will show who. upon
all the facts. had the most right on his
side. The experienced lawyer knows
that such ii trial is the exception and not
the rule. \ dozen "r scare of prelimi-
nary issues may arise. OF may he raised,
between counsel prior to the trial; ques-
rionS about the forms of pleading and
methods of procedure. about the special
rights of the parties in the premises,
about their liability to be sued and their
right to sue. about limitations and bars
and es,npprIs, ON any one of which the
whole case may be made to turn and to
t,ke its final result Ii all these perils
are safely passed. and the formal trial is
reached, it may at any moment he dis
covered that the principal Witnca. is i'll
competent. or that written evidence re-
lied Oh is na,i,nissible under rules of eyi
dci,ue, or that the lawyer on one side or
the other has mistaken the real issue,
and it is now too la,e to correct his error,
ur that the court Itself has NJ jurisdic-
ton.
6. What then? Shall We submit to
every wrnng-to every outrage? There
are exceptions to all rules. and there are
litigations most wise. When the title TO
a great property is at stake, when y mort
gage must he fpyeclnsri, when one is
SIZED and has No choice but to- defend,
and especially when one knows that he
is right. and knows that he has the abSo
lutte evidence in bis control, and know
that he has the hest lawyer at the bar.
and knows that the court knows the law
will apply it, aud Knows that the Jury