A Philadelphia Lawyer in the London CourtsLeaming, Thomas
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A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
_Defendant's solicitor_: "Master, I don't know--a recent
agreement has been made between the parties which I have
not yet seen."
_Master_: "I'll give you four days, but you must pay the
costs of the adjournment; thirteen shillings and
fourpence."
_Defendant's solicitor_: "If you please, Master."
The next summons for judgment. As this is denied, the parties agree
to try it before the Master on the following Thursday without a
jury.
Then follows a summons by defendant upon plaintiff for particulars
of goods sold and delivered. Both parties are dealers in Japanese
bulbs, and the sale was made subject to arrival in England safe and
sound. The defendant demands particulars of the plaintiff as to who
were his customers. The plaintiff objects to disclosing his business
and the written summons, containing the request for particulars, is
gone over rapidly by the Master. Such parts of the request as, in
his opinion, ought not to have been demanded, because they pry into
the plaintiff's private affairs, are eliminated by a stroke of the
Master's pen and an order is made at the bottom in an abbreviated
form, imposing the costs of the summons upon the plaintiff. This
means that the plaintiff is obliged to furnish the defendant, in so
many days, all the particulars which the Master did not strike out,
and must pay the defendant the costs of the application.
A moment is consumed in giving judgment in an uncontested case for
£1,800 with costs of £8. 16s. 0d.
Then comes a breach of promise case. The defendant asks for an order
upon the plaintiff for a statement of claim and discovery of
correspondence, which is granted. As most of the witnesses are in
London, the defendant wants to try the case here, but the plaintiff
wishes to try it in Manchester where the parties live. The Master
thinks it is easier to bring two people up from Manchester than to
take a dozen down from London.
Next is a summons for directions:
_Master_: "Statement of claim in ten days."
_Plaintiff's solicitor_: "Yes, Master."
_Master_: "Defence in ten days."
_Defendant's solicitor_: "Yes, Master."
_Master_: "No counter claim?"
_Defendant's solicitor_: "No, Master."
_Master_: "Documents?"
_Both solicitors_: "Large number."
_Master_: "All parties in London?"
_Both solicitors_: "Yes."
_Master_: "Any question of law?"
_Both solicitors_: "No."
_Master_: "Next case."
And he at once endorses a few words on the bottom of the summons.
Then a defendant appears in person:
_Master_: "Do you owe the £26?"
_Defendant_: "Yes, sir."
_Plaintiff's solicitor_: "We only want judgment for £21
because this morning he paid £5 on account, and he agrees
to pay £3 a week, so that we will not issue execution if he
does this."
Public-domain text, read in full here on John Shaqi.
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