If _Jones_ claim a _debt_, or _goods_, or _damages_, from _Smith_, one
should think that, if he went to law, the action would be entitled
"Jones _versus_ Smith;" and so it is. But behold, if it be LAND which is
claimed by Jones from Smith, the style and name of the cause stand
thus:--"DOE, on the demise of Jones, _versus_ ROE." Instead, therefore,
of Jones and Smith fighting out the matter in their own proper names,
they set up a couple of puppets, (called "John Doe" and "Richard Roe,")
who fall upon one another in a very quaint fashion, after the manner of
Punch and Judy. John Doe pretends to be the real plaintiff, and Richard
Roe the real defendant. John Doe says that the land which Richard Roe
has, is his, (the said John Doe's,) because _Jones_ (the real plaintiff)
gave him a lease of it; and _Jones_ is then called "the lessor of the
plaintiff." John Doe further says that one Richard Roe, (who calls
himself by the very significant and expressive name of a "_Casual
Ejector_,") came and turned him out, and so John Doe brings his action
against Richard Roe. 'Tis a fact, that whenever land is sought to be
recovered in England, this anomalous and farcical proceeding must be
adopted.[15] It is the duty of the _real_ plaintiff (Jones) to serve on
the _real_ defendant (Smith) a copy of the queer document which I shall
proceed to lay before the reader; and also to append to it an
affectionate note, intimating the serious consequences which will ensue
upon inattention or contumacy. The "Declaration," then, which had been
served upon old Jolter, was in the words, letters, and figures
following--that is to say:--
"IN THE KING'S BENCH.
"Michaelmas Term, the---- of King----.
"YORKSHIRE, to-wit--Richard Roe was attached to answer John Doe of
a plea wherefore the said Richard Roe, with force and arms, &c.,
entered into two messuages, two dwelling-houses, two cottages, two
stables, two out-houses, two yards, two gardens, two orchards,
twenty acres of land covered with water, twenty acres of arable
land, twenty acres of pasture land, and twenty acres of other land,
with the appurtenances, situated in _Yatton_, in the county of
York, which TITTLEBAT TITMOUSE, Esquire, had demised to the said
John Doe for a term which is not yet expired, and ejected him from
his said farm, and other wrongs to the said John Doe there did, to
the great damage of the said John Doe, and against the peace of our
Lord the King, &c.; and Thereupon the said John Doe, by OILY
GAMMON, his attorney, complains,--
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account