Attending A in conference concerning the best mode to indemnify B against C’s demand for damages, in consequence of his driving D’s cart against E’s house, and thereby breaking the window of a room occupied by F’s family, and cutting the head of G, one of his children, which H, the surgeon, had pronounced dangerous, and advising on the steps necessary for such indemnity. Attending I accordingly thereon, who said he could do nothing without the concurrence of his brother J, who was on a visit to his friend K, but who afterwards consented thereto, upon having a counter-indemnity from L. Taking instructions for, and writing the letter accordingly, but he refused to accede thereto, in consequence of misconduct in some of the parties towards his distant relation M, because he had arrested N, who being in custody of O, the officer, at P’s house, was unable to prevail upon Q and R to become bail. Attending in consequence upon S, the sheriff, when he said, if he received an undertaking to give a bail-bond at the return of the writ, the defendant should be discharged. Attending T for undertaking accordingly, conferring thereon; but he declined interfering without the concurrence of V, to whom he was largely indebted, in whose hands he had lodged several title-deeds as a collateral security, and who, it appeared, had sent the deeds to his attorney U, for the purpose of preparing a mortgage to W, in trust, for securing his demand, and also of a debt due to X. Attending afterwards on A’s clerk Y, communicating the result of our numerous applications, and conferring with him thereon, when he at length informed me that Z had settled the business.
Legal Recreations.
“To him that goes to law, nine things are requisite: 1. A good deal of money—2. A good deal of patience—3. A good cause—4. A good attorney—5. Good counsel—6. Good evidence—7. A good jury—8. A good judge—and lastly, good luck.”
“Reason is the life of the law, nay, the common law itself is nothing else but reason.”
If a man says of a counsellor of law, Thou art a daffa-down-dilly, an action lies. So adjudged in Scaccario, and agreed per totam curiam.—1 Vin. Abb. 445.
He hath no more law than Mr. C.’s bull. These words being spoken of an attorney, the court inclined that they were actionable, and that the plaintiff should have judgment, though it was objected that the plaintiff had not declared that C. had a bull.—Siderfin, 327, pl. 8. Pasch. 19 Car. II. Baker v. Morfue. The chief justice was of opinion, that if C. had no bull, the scandal was the greater. And it was pronounced per curiam in the same case, that to say of a lawyer, that he has no more law than a goose, has been adjudged actionable.—Sid. 127, pl. 8.—There is quære added as to the saying, He hath no more law than the man in the moon (Ib. 2 Kib. 209); the law, doubtless, contemplating the possibility of there being a man in the moon, and of his being a good lawyer.
My lord chief baron cannot hear of one ear, adjudged actionable, there being a colloquium of his administration of justice. But not so if there had been no discourse of his justice.—1 Vin. Ab. 446.
Adjudged, that the death of a parson is a non-residency, within 13 Eliz. c. 20, so as to avoid his leases. Mott v. Hales, Crok. Eliz. 123
Eden and Whalley’s case:—“One Eden confessed himself guilty of multiplication, and that he had practised the making of quintessence, and the philosopher’s stone, by which all metals might be turned into gold and silver; and also accused Whalley, now a prisoner in the Tower, of urging and procuring him to practise this art; and that Whalley had laid out money in red wine and other things necessary for the said art. And, because this offence is only felony, Eden, the principal, was pardoned by the general pardon; but Whalley, who was but accessary in this case, was excepted as one of those who were in the Tower. The question was moved, whether Whalley should be discharged;—Quære, the statute of 5 Hen. IV. 4, which enacts, ‘that none should use to multiply gold or silver, nor use the craft of multiplication; and if any the same do, that he incur the pain of felony in this case.’—Quære—Whether there can be any accessary in this new felony?—1 Dyer, 87, 6, Easter Term, 7 Ed. VI. This statute was repealed by the stat. of 1 Will. & Mary.”