The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-10-09
THE WORLD OF LAW.
Notes and Decisions Which
Interest Members Of the
Legal Profession.

Judge Mclean in the appellate term
of the New York supreme court today,
handed down an opinion which created
general comment. 1t was q tale of a
tailless cat, and the judge handled it
humorously. Mrs Lillian c. Moeran
owned the cat and sent 1t to the exhi
bition in the Madison Square garden
by the New York Poultry, Pigeon and
Pet Stock association. 1t escaped and
was never recovered. Mrs. Moeran
sued the association for damages, hold
ing that the loss was due to negligence.
In district court she obtained a YER
dict for $50 and costs The case was
appealed and came before Judges Nc
Lean, Freedman and Leventritt, Judge
Mclean wrote an essay, in which he
said
Herein is an instance of bailment,
or, to borrow learned language, from
Massachusetts 90 Gray, 236), locatum
of a Manx felino, described as a male
specimen, longer as to its hind legs
than as to its fore, prize-winning from
agricultural societies, of great value
and without a tail Zenda, for so the
Manx was called, was brought to the
show of the defendant and placed in a
coop thereof by mistress and maid, as
sisted by an offering man of fair COM
plexion and dressed in blue checkered
overalls, with colored blouse, in
which livery many were about A lit
tie later the powerful and peculiar ex-
hibit had moved the iron cage, unfore-
slghtedly not fastened at the bottom
along and partly beyond the platform
whereon 1t stood. making an aperture
sufficient for his escape. Then he was
off
There was quick but bootless pur-
suit by the attendants in pack with
many others with hue and cry, Zenda
was never recovered
Judge Mclean holds that the defend
ant failed to exercise proper care over
the cat and affirms the Judgment rem
dered in the district court. Judge
freedman also wrote an opinion in the
case, reaching the same conclusion as
Judge Mclean, but with radically diff
ferent wording Judge Leventritt con-
CURED with Judge Freedman.
Some years ago, the county court
judge of Glare was Mr.. William Ma
3or, says Chambers Journal, who was
not liked by popular Ennis solicitor
named Greene. In an action between
nelghborlng farmers, tried at quarter
sessions, for damages for the loss OF a
sheep, which had been killed by a dog,
Greene, Who appeared for the plaintiff,
thus examined his client: What sort
IS defendants dog that killed your
sheep? Is he bulldog or a terrier ?"
He is a brown terrier, sir. rs he
wicked?" 'Troth he is sir-wicked
and bad enough" He is a snarling
cur, suppose, and shows his teeth
that, sir Now, tell me, O'Brien
what's the dogs name?' added Greene
Here the witness scratched his head
and hesitated to answer. Don't be
delaying tho court, SIR cried the
judge, "or, l protest, I'll dismiss your
case" ''Oh, then, your honor, as I
must tell it., replied the witness, "he's
a namesake Of your own. for his name
is Major" This palpable hit at the
led up, convulsed the court with laugh
ter.
The late Mr.. Isaac Butt, @. c., NJ. p.
was fond of relating two stories of re-
plies given by children when asked,
before being sworn, whether they I'M
derstood the nature of an oath and
the consequences Of perjury. In case
in which he was defending a prisoner,
an Orangeman, on a charge of being
concerned in party riot, q little boy
was called as a witness for the de-
fence. IF you do not tell the truth .
said the judge, where will you GO
when you die?" Where the papists
go, sir" was the prompt reply. In an
other case, tried at Limerick, a little
girl was asked what would happen to
her if she told lie In her evidence
Il suppose, sir,' she replied, II
wouldn't get my EXPENSES"
In a recent Texas case the Texas
court Of civil appeals decided that a
claim for damages could not be based
on the refusal of a female minor is
years of age, to perform a marriage
contract, although a statute of that
state provided that a female of such
age may contract for marriage without
consent of her parents, since such sta
tute did not affect the rule that a mi
nor is not bound by an executory con-
tract.
In Texas a man has been enjoined
from talking to another mans wife,
and now in California 1t is proposed to
enjoin a man from talking to his own
wife while she is suing him for divorce.
But we still have the single women and
| widows to talk to.
Probably the youngest legal practi-
| toner in the United States is Edgar G.
| Crawford, of Atlanta, who was recent
! ly admitted to the Georgia bar at the
| age Of seventeen,