Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1903-07-02
Rules of Pleading and Practice.

1
al or special In practice along
three to wit: declaration, demurrer
and pleas, the plaintiff having the
right to allege aud declare; the de
PENDANT to answer and deny, but the
replication and pleas cannot allege
any new matter At this stage the
issue is made, and they must 60 to
the country (Jury), or court of
chancery, upon evidence, or proof.
Assuming, for sake of argument,
that the undersigned was plaintiff,
/ the defendants right was to move to
dismiss, and if motion were over
ruled, answer, but after replication,
be prevented from further answer
ing and assigning new matter. Every
good lawyer first learns this, some
never do, and the court is eompeH-
ed to teach them
In an argument, out side of court
between members of the Bar Asso-
citation, as / presume all local law
yers are members of the County
Bar Association, unless dropped for
good cause with notice, there APP
pears no rules, or courtesy, and the
public is the sole Judges Of the law
and evidence, said evidence, or testi-
mony, being procured without no
tice, and introduced without any OPP
portunity for objection, or pesms
sion from the tribunal before whom
it is beng heard, or tried
IS new untrue, and personal
matter has been presented after the
issue had been fairly met thereby
placing at disadvantage the plead
er, it becomes necessary for me to
recall my promise, and simply meet
the new matter, which l trust you
will deem due me- ! shall endeayor
to analize this new matter from a
legal stand point, keeping aloaf from
personal insinuations, leaving the
adjustment of personal nature for
future consideration and disposition
which / insist IS not only my duty,
but my privilege
[ shall be as brief as possible and
as logical as required.
lst. If more than one were re-
sponsible for the effort, why was the
pronoan she" and .'him," and noun
party used in the singular number.
Ind. II | promised Hatfield 10
erect the steps, at the time he pur-
chased, long prior to date oil lease,
the idea of the steps was existing
long before the great 81 AM. awoke
to the realization that he was a
product of Nature, destined to oecu-
Ply the "mis-fit'' department. Surely
if promised Hatfield the steps lon g
before the lease, they must have been
conceived, and the writer of the
article signed Citizen" must have
been mistaken when he imagined he
had conceived the steps,
] have heard Of persons having
wheels but not steps. But we
cannot tell what some people will
have, until tried.
3rd. If he enjoyed the "conf
dence' of my father, which I very
seriously doubt, the law forbidding
one to testify against one deceased
why did he violate that trust, and
for money, bring the suit to renowned
his will?
4th. 1t he be such successful
barrister, why were other counsel
employed in his stead?
9th, If my father had no conf
denee in me, why did he leave three
fourths of his estate to my children
and me, one moiety to them and one
to me?
9th Is it not strange he remem-
bered me, at all, surrounded in his
illness and old age by such an enemy
of mine, F. S. Glasscock?
The truth is my father was too
able lawyer TO place confidence in
such as he
Father had great respect for his
partner or Glasscock would never
have been in the house.
It'll. If requested him to pro
cure lease, why did he come to my
house insisting on my taking the
lease2
Sth. If he took it for me, why
does he retain it, unless it is in
escrow, as it was not in duplicate?
If there are any of the conditions
of the lease with which / have not
complied, 1T must be the cutting of
the filth, as | have the receipts for
the rental, and l have twice sent a
man to "cut the filth" but l was in
formed there was none to cut. The
other day l saw something on the
ground that should be cut and
will have it done as soon as | can
find man to do it, because the
seed may scatter, to the injury OF
the county.
9th. Why did he come back to
me, placing the county in Jeopardy,
if he were doubtful of my "eompe
tencyY Was he not looking to his
own interests, and ignoring the
county's:
10th. Did he not know that, at
that time my sight had almost failed
and that | had to retire temporarily
from all labor, professional or mana
al, under the direction Of an eye
specialist, DR.. Lippincott of Pitts
burg?
Thanks to him my eyes are com
/ pletely restored, and as soon as | fin