Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-03-17

likewise. Which OF the two brothers
was legally entitled to the property
The question is yet unsettled and bids
fair to afford employment for the ex-
ercise Of lawyers wits for many years
to come.
Another hard nut for the lawyers to
crack was presented by a case tried In
Indiana some years ago. The question
was in substance, Are eggs eggs, or are
only hens eggs eggs? Ludicrous as
this may seem, the point involved
some nice shades of meaning in these
words. sufficient indeed to carry the
case through several courts.
A man had ordered Of his grocer one
dozen eggs. He sent ducks eggs. These
were returned as not being what the
customer had asked for, but the grocer
refused to take them back. The Gus
toner, in turn, declined to receive the
eggs, and they were sent back and
forth so frequently for several days,
during which they became bad, that
finally the grocer deemed himself justi-
fed In entering suit against the Gus
toner for the value Of the goods.
The magistrate before whom the
case was first tried ordered the Gus
toner to pay, declaring, ridiculous as
It may seem, that ducks eggs were as
much eggs as any others. The man
appealed from this, and the next court
reversed the decision on the ground
that such an order as the one in Ques-
ton tacitly implied hens eggs. it be-
ing pointed out that II any other con-
tention was allowed any kind Of eggs
might be sent, such as pigeons cana
RES OK even snakes eggs. That set
tied It. ..
In q case in a southern court this in
teresting question once came up: Are
the grandchildren Of man also his
children2 In the legal sense this ques.
ton is not so funny as it seems, mas
much as It has been seriously con.
tended not only In the United States,
but in Great Britain as well, what they
are.
Is skinned milk milk2 This point
grew out of case tried in Arkansas
not very long ago. A man had asked
at dairy for glass Of milk to drink
and was given skimmed milk, for
which at the customers complaint,
the dairyman was fined. In higher
court, however, this decision was re-
versed, it being contended that skim
med milk was really much more milk
than milk that was not skinned, for
the reason that the latter contained
something that was not milk at all
viz, cream.
Some Of the oldest points at law are
those growing out Of the tender pas
sion. A Judge In western court was
once called on to determine the hour
at which evening courtship should
cease. The circumstances were these:
A merchant had become much con-
eerned at the late hour at which his
daughters lover fingered with her at
the parental abode and SO sought the
MD of the law to expedite the young
mans time Of departure.
In delivering his decree the learned
Judge declared that II o'clock p. m.
was the latest hour at which any
young man, fiance or not should be
tolerated in the young woman's home
end that after such hour the parents
would be entirely justified in forcibly
iejecting him.
\ queer case once turned up in a
New England town. A young man had
embraced his sweetheart SO vigorously
thst he seriously injured her ribs. II
he suffered any mental anguish as the
result Of this contretemps, SO likewise
did he suffer In pocket, for as the re-
suit Of an action brought against him
by the young woman the youth was
fined in the sum Of $500 damages fol
the Injury done the girls ribs.
New England also affords this anus
ing csse: A young Lothario Of Maine
during the course of his courtship was
each evening Hospitality entertained al
supper by his sweetheart. Some time
afterward, ZIG ardor cooling, the young
man sought vther fields to conquer
Then what should the young woman
do but sue the roung man who hat
been 30 bountifuliy entertained for oh
tanning the: supperA an false pretenses
And, what II more, ,ahe succeeded II
getting judgment.-.Edwin Tarriss'
In New York Tribune.