University of Nebraska College of Law - Yearbook (Lincoln, NE)

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ARMSTRONG tin justice courtj- May it please your honor, I l1ave conscientious scruples against profanity, and so ask permission to affirm instead of swearing. LIGHTNER f3IOO nm. Tuesdayj-t'Oh hum, l'm tirec' already this week. ' ROBBINS- XhYO1llQl you say that judge Norval held that a dead man must give notice to terminate an agency, or is he estopped to deny the termination F F,-XYINGER-HIDOll E know Cand laughter reignedj. One of the Freshmen Laws was recently loaded into a hack in a stage partially 11011 607111505 IlZlf'IZfI l.S. XVhat street ? queried the Jehu. QT-Iicj Wfhat streets thicj you g-g-ot? was the counter- query. Armstrong's rooming place caught fire last semester. At the cry Hire Armstrong jumped out, and in his agitation got his trousers on backward. He rushed out, tripped over the landlady's poodle, and fell to the bottom of the stairs. Are you hurt, judge ? called Snaveley from the head of the stairs as Armstrong picked himself up and surveyed his misadjusted trousers. No, ejaculated the judge, but I've got a h-l of a twist. Action, trespassg qzmrc clazziszmz frcgzr. Facts are stated in opinion. us! 'wellensiek vs. Kirwan et al. SHELBURN, P. I. Gne Sunday morning, McKelvey, a section boss, was sitting on a barrel beside the door of his dwelling Che being the tenant of the lot by sufferancej, and conversing with one Kirwan, a bridge contractor, respecting railroad matters, when the defendant and cross-petitioner, Vlfellensick, passed by on the public sidewalk, distant one hundred feet from plaintiffs dwelling. The defendant, seemingly attracted by the conversation, cro-ssed the yard, and approaching the plaintiff and his friend Kirwan, stood there. lVfcKelvey and Kirwan, being deeply engrossed, did not become cognizant of the defendant's presence until McKelvey's little son asked the stranger his name. None of the parties having previous acquaintanceship with the defendant and the latter not proceeding to explain his presence, McKelvey requested him to Withdraw from the premises. The subsequent acts of the parties are in dispute. The plain- tiff's petition alleges that Kirwan, with no more force than was absolutely necessary, ejected the aforesaid Wellensick from the 141

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irrelevant .Wemarks .5-W TANNER Qhesitatinglyj- I think I'll practice down South where they're all democrats, then I can be elected justice of the peacefl iLIGI'ITNER Qin Const. Law, 3 230 P.M.j-'fDarn it! I didn't know I was asleep. H ROBBINS- Pfeiffer, what are cattle? PFEIFFIER- Anything from a calf to a seven year old steer. COOK-HCl1?J.l11, hovv about married women ? CHAIN-HI think they're voidablef' O,GARA fduring exam. weekj-HI'll pass in contracts all right. I laugh at every joke Robbins cracks. ROllI5INS1KiBiHTSll3ll, suppose the answer alleges you're a mar- ried man Pi' NIARSI-IALL-MII wouldn't be necessary to dispute that. The court would take judicial notice. S1-IUMAN-'fYour honor, the attorneys for the plaintiff have not produced one sleirzzfilla of evidence in this casefl ROBBINS Qin equity pleadingj- All of you, including Matlach, please put the papers in order. VVILSON Cpointing at I-Iazenj- VVake our friend up there. I thought I was talking loud enough to keep him awake. Cook- 'Mr. Campbell, can you tell us if the case of Morice v. Bishop of Durham is right or not F CAMPBELL-HI haven't made up my mind yet. THE DEAN Qto Vlfhitedj- Now, here's this desk. Isn't that a part of this house? You couldn't deliver a lecture without this desk, could you ? XXVI-II'l'ED-'iOl1, yes! You could deliver a pretty good lecture without any desk. ROBBINS-HB21lCl, what would you do with a frivolous pleading? BALD- Move to strike it out as being irreverent. 140

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premises. The defendant in his answer and cross-petition alleges that McKelvey cursed loudly and heaped imprecations' foul and blighting upon the head of the defendant and cross-petitioner and called him numerous vile names, to-wit, 'Buttinslcy and Rubber- neck,' whereupon the defendant and cross-petitioner remonstrated with the said Mclielvey, and called his attention to the fact that it was the Lord's Day, and that loud noises thereon were prohibited by the village ordinance of Podunlc, that Kirwan suddenly and without warning laid violent hands upon him, to-wit, one hand on collar of his Sunday coat and one hand upon the seat of his office pants, and, lifting the defendant and cross-petitioner high in the air, carried him in this disconcerting and embarrassing attitude across the yard, and hurled him with great fo-rce and violence into the public highway, thereby dislocating the defendant's right shoul- der and detaching two ribs from the sternum and spoiling one fine white vest. The court finds its task made much easier by the most excellent brief filed by Martin it Eager, attorneys for the plaintiff, and by the able arguments of Blezek and Seybold, attorneys for the de- fendant. We affirm the action of the lower court in finding the defendant guilty of trespass qumfe ala-usum fregit and fine him 32.50 therefore, and that Mclielvey and Kirwan are liable for the expense of medical attention to defendant's injuries, but are not liable for the white vest, there being no privity between it and the defendant. 142 '