Bart Ridgeley: A Story of Northern OhioRiddle, A. G. (Albert Gallatin)
General
Bart Ridgeley: A Story of Northern Ohio
Riddle, A. G. (Albert Gallatin)
Ohio -- Fiction
The magistrate, a man of plain, hard sense, adjourned the case to a
large school-house, and invited Judge Markham to sit in, and preside
at the trial, to which the Judge consented, which secured a decorous
and fair hearing.
On the day, parties, witnesses, court, jury, and counsel, were on
hand--a larger crowd than Newbury had seen for years. The case was
called and the jury sworn, when Brace arose, and with a loud nourish
demanded that the plaintiff be nonsuited, on the ground of the nonage
of the defendants, and concluded by expressing his surprise at the
ignorance of the plaintiff's counsel: everybody knew that a minor
could not be sued; he even went so far as to express his pity for
the plaintiff. Bart answered that it did not appear that any of the
defendants were under age. If they were infants, and wanted to escape
on the cry of baby, they must plead it, if their counsel knew what
that meant; so that the plaintiff might take issue upon it, and the
court be informed of the facts. The court held this to be the law, and
Brace filed his plea of infancy. Bart then read from the Ohio statutes
that when a minor was sued in an action of tort, as in this case, the
court should appoint a guardian _ad litem,_ and the _parol_ should not
_demur_; and he moved the court to appoint guardians _ad litem_, for
the defendants.
Brace's eyes sparkled; and springing to his feet, he thundered out:
"The parol shall not demur--the parol shall not demur. I have got this
simpleton where I wanted him! I didn't 'spose he was fool enough to
run into this trap; I set it on purpose for him: anybody else would
have seen it; anything will catch him. The case can go no farther;
the phrase, may it please the court, is Latin, and means that the
case shall be dismissed. The _parol_, the plaintiff shall not _demur_,
shall not have his suit. Why didn't Ford explain this matter to this
green bumpkin, and save his client the costs?"
Barton reminded the court that the statute made it the duty of the
court to appoint guardians _ad litem_, which was a declaration that
the case was to go on; if it was to stop, no guardians were needed.
Brace had said the terms were Latin; he presumed that his Latin
was like his law; he thought it was old law French. He produced a
law--dictionary, from which it appeared that the meaning was, the
case should not be delayed, till the defendants were of age. Guardians
should be appointed for them, and the case proceed, and so the court
ruled.
Bart went up immensely in popular estimation. Any man who knew a word
of Latin was a prodigy. Bart not only knew Latin, but the difference
between that and old law French. Who ever heard of that before? and
he had lived among them from babyhood, and they now looked upon him in
astonishment. "It does beat hell, amazingly!" said Uncle Josh, aside.
Public-domain text, read in full here on John Shaqi.
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