The Clio messenger. (Clio, Mich.) 1907-current, 1915-03-19
The Wrong Answer is Sure to Bring
You Sorrow and Expense
j. l.. SHERARD


being divided along portion of the line
of creek. 1t became advisable, for
the better protection of the bottom
lands. to straighten the zigzag course
of the stream at one point by cutting a
short ditch. This was done by mutual
agreement and the boundary line re-
established satisfactorily to both part
les. Later on A died, and his small
farm came into the possession of c.
For some reason G became dissatis-
fed over the line and, after having
made an investigation of the matter,
concluded that B had encroached lit
tie upon him at the bend of the old
creek bed, and thereupon he began an
action in court to GUST B from the dis
puted strip of land and to recover dam
ages for alleged trespass.
THE CHURCH SUFFERED FROM THE SUIT
| A long, tedious, and acrimonious suit
followed in the courts, though the land
in dispute was only thirtieth OF an
acre and at maximum valuation was
worth just about one dollar!
The case was fought by able attor-
neys on both sides, twice went to the
supreme court on technical points OF
law, and at last, from sheer WEAKNESS
! of the contending parties, was COM
promised out of court some three years
\ after the suit was started
In the final agreement, made indie
| ,6endently of a court decision be it re-
membered, each party assumed the
payment of his own costs and reached
a mutual understanding as TO the dis
position of the small strip of land. The
heavy expense of litigation wore the
case to sheds before the courts could
shake off mere technical issues that
caused prolonged delay and decide it on
its merits.
The total costs. including attorneys
fees. amounted to about fifteen hum
dred dollars.
Both parties to the action came out
of it almost bankrupt, and with a
breach of friendship that no earthly
power could heal. Previous to the
bringing of this case in court of law,
attempt was made to settle it by arbi-
tration,
1t was most unfortunately lugged in
to the community church, where a
sharp division arose over the claims and
merits of the respective parties, and
for long time the petty enmities pro-
voked by partisan discussion and opin-
ion enveloped the humble house of wor-
ship like black and threatening cloud
from the bottle of some tabled genius.
EVEN IF YOU WIN, "LAwIN' - is COSTLY
This was an extreme case, it is true.
But the legal annals of every state can
match it in some form or degree. Had
the parties to this action only been
willing to meet each other in spirit OF
genuine friendship, with sincere mu-
tual desire to determine the ownership
of the little strip of earth on terms OF
neighborly interest, the dispute could
have been settled in ten minutes. AS II
was, they failed to get together. and
an expensive lawsuit was the result.
After it was all over, both parties
were doubtless satisfied" to the ex-
treme limit of '1awin'."
What frightful waste-on one side
of the human ledger one dollars worth
of land, on the other fifteen hundred
dollars in costs besides the more valu-
able loss of friendship and the disrup-
ton of community
The office of lawyer is to see that
justice is done. and to discourage, not
encourage litigation. Sometimes the
lawyer is too much inclined to yield to
his clients wishes and brings case in
court that ought never to have passed
beyond the power Of the parties them
selves to settle.
But, after all, the blame for foolish
and unwise cases in court rests not 30
much upon the lawyer as it does on the
client, who, botheaded and, lent on
getting satisfaction at any price.
pIunges headlong into legal fight with
out for moment reckoning the cost.
Conditions on the farm give rise to
many possible sources of dispute be-
tween neighbor and neighbor.- 1t may
be trespassing COW that lays the
foundation for heated complaint, OF
the antics of vicious bull. or the
prowlings of a worthless hound, or q
food that in an hour changes the chan.
mel Of tiny stream.
FINALLY IT BECOMES A MANIA