Humorous stories; Legal stories; London (England) -- Fiction; Trials (Breach of promise) -- Fiction
Perker's suspicions as to the _Cognovit_ obtained by Dodson and Fogg were
shrewd, and certain enough, though he could not have seen the document.
The suspicions were well warranted by the state of the Law, which became
an instrument in the hands of grasping attorneys. By it the client was
made to sign an acknowledgment, and offering no defence to a supposed
action,--say for costs--brought against him, Judgment was then marked.
This offered a great temptation to the unscrupulous. Mrs. Bardell, no
doubt, signed with light heart, not knowing what she was doing, and being
told that it was merely a matter of form. Various enactments attempted
to protect the client--one being passed some four or five years before
the trial Bardell v. Pickwick, requiring the _Cognovit_ to be regularly
filed within twenty-one days; more than ten years later it was required,
that the client's signing such a thing should have no force in Law,
unless he was represented by another solicitor.
The matter, as we know, was compromised with Dodson and Fogg, so there
was no need to scrutinize the _Cognovit_. No doubt Perker was enabled to
put pressure on the firm by hinting at such proceedings.
The damages, 750 pounds, were certainly moderate, and would not have been
reduced by the Court on an application to set them aside as "excessive."
The good woman was quite at her ease, being no doubt certain that Mr.
Pickwick, at last, must give in. She could even enjoy the society of her
friends and make the celebrated junketting to the "Spaniards." The firm
took another view and grew tired of waiting; or they were sagacious
enough to see that the arrest of their client was about the best method
of putting pressure on Mr. Pickwick. In this connection, it may be noted
that Jackson's over zeal in the transaction might have led to an action
against his employers; for he arrested not only Mrs. Bardell, but her
friends, Mrs. Sanders and Mrs. Cluppins. The prison gates were actually
shut on them. "Safe and sound," said the Bailiff. "Here we are at
last," said Jackson, "all right and tight."
True, Mrs. Bardell put under her hand in her appealing letter to Mr.
Pickwick, that "this business was from the very first fomented and
encouraged and brought about by these men," but this is not much; for the
view only occurs to her when her operations had completely failed and
recoiled on her own head with such disastrous result. The firm's
business was to persuade her that she had a good case, and the Jury's
verdict proved that she had. Had Mr. Pickwick given in and paid, she
would have had no scruples. One cannot, at the same time, but admire the
ingenuity of the author, in bringing such a Nemesis on her. Dodson and
Fogg, we are told, "continue in business from which they realise a large
income, and in which they are universally considered among the sharpest
of the sharp."
Public-domain text, read in full here on John Shaqi.
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