Birmingham age-herald., 1895-02-07
FUN IN LAW REPORTS
SOME OF THE CASES FURNISH FOOD
 FOR LAUGHTER.

Mistakes of Judicial Pens-EarIy English
 Common Law Severe on Clergymen-Cit-
 ing High Authority-The Remarkable
 Opinion of Judge Lewis.
 Many of the law reports are full of curi- ous judicial slips. In Georgia case, for instance, the judge, giving the opinion, says that Montgomery, c. J., was provi- dentially prevented from presiding in this case" This may have been a whaok at Montgomery, c. J., or at the lawyer who argued it before the weary judge. This isn't quite as bad, however, as tho theos logical slip of Nebraska judge in SUI preme court case, in which he holds that ''the law presumes against the carrier un- less he shows that it was done by the kings enemies or by such an act of God as could not happen by the interyen tion of man." His opinion of the relative posi- tions of God and man recalls the story of the Adams county justice who had occa sion to punish party for gross profanity used in open court. For taking the name of Almighty God in vain," said this wor- thy successor of Mr. Justice Shallow, "I shall fine you s10, and for offending the dignity of this court you will pay fine of $50 and costs or go to jail.'
 Lawmakers furnish us quite as funny mistakes as law writers. When tho su- preme court of California came to pass upon the charter of the city of Oakland, few years ago, they said of the phraseology of the charter that "the joint labors of Malaprop and Burlington could scarcely have made such a collocation or disloca- tion of words and sentences as did this legislator Among other things it gives the board of trustees power to license and suppress dramshops horse racing, gam bling houses houses of i'll fame and all in- decent and immoral practices, shows and amusements." Such license power might do in New York. It scandallzed the pious town of Oakland.
 If clergymen wish to know their rating in the ponderous sheepskin tones, they can find it out by beginning with the very earliest English lawbooks in existence. In one of the black letter year books it ap- pears that some one had been so unkind as to call preacher fool, with a good theological prefix to the fool. The preacher brought suit for islander, and the defend. ant justified, as the lawyers say--that is, he claimed that what he said was not islander, but gospel truth, and he showed that the words spoken could not hurt the clergyman, "for that 1t was maxim of the common law'' that "a parson might be a good parson and still be fool" Tho court so held, but said that had the words been spoken of a lawyer or a doctor it would have been otherwise 5
 Lord Coke, the great fountain of our common law, had little use for the preach- CTS, and in his third institute he says that in order that the Carmelte friars of Fleet street might perform their vows of chastity inc orI bod to, to11 on from passing through lane next to the friar house. Apropos of preachers an old chronicle relates that when Alan dc Neville, chief forester of Henry H. died certain monastery begged for some of his great wealth. The king, with fine relf- gious discrimination, said 1T shall take his wealth, but you may have his carcass, and the devil will get his souli
 Some of the funniest things in the law books are the far fetched authorities that are cited to establish certain rulings. In a case tried before Justice Fortescue it was claimed that tho other side had no right to be heard. The judge decided that it had. 1T have heard it observed" said he, "that even God himself did not pass sentence upon Adam before he was given a chance to defend himself. Adam, says God, where art thou2 Hast thou not eat en of the tree whereof commanded thee that thou shouldst not eat?' And the same question was put to Eve also.
 But for exciting legal reading the fa- nous case reported in 10 Pa St. Report easily takes first prize MT. Justice Lewis thus disports himself on the subject of re- straining widow from marrying ''The principle of reproduction, he says, ''stands next in importance to its elder born correlative, self preservation, and is equally fundamental law of existence. It is the blessing which tempered with mercy the expulsion from paradise. It was impressed upon tho human creation by benefcent Providence, to multiply 2 the images of himself and thus to promote his own glory and the happiness of his creatures. From the lord of the forest to the monster of the deep, from the subtlety of the serpent to the innocence of the dove, from the elastic embrace of the mountain kalmia to the descending fructifcation of the lily of the plain, all nature bows sub, missively to this primeval law. Even the flowers, which perfume the air with their fragrance and decorate the forests and fields with their hues, are but curtains to the nuptial bed. The principles of moral ity, the policy of the nation, tho doctrines of the common law, the law of nature and the law of God unite in oondemning as void the condition attempted to be im- posed upon this widow"
 In Manby versus Scott, case decided in England in 1662, MT. Justice Wyndham thus prophecies as to what may be expect ed If husband is to be held responsible for the contracts of his wife, His objec- tions are a curious commentary on the marriage tie of those days. Among the many inconvenience which must ensue' he specifics the following
 First.-The husband will be accounted the common enemy. and the mercer and the gallant will unite with the wife, and they will combine their strength against the husband.
 Second.-Wives will be their own carv- CTS, and, like hawks will fly abroad and find their own prey.
 Third.-It shall be left to the pleasure of London jury to dress my wife in such, apparel as they think proper.
 Fourth. .--Wlvas who think they have insufficient will have it tried by mercers whether their dress is not too mean, ands this will make the mercer judge whether he will dispose of his own goods or not. t.-.l Philadelphia Times.