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Legal Technicalities

Legal Technicalities image
Parent Issue
Day
28
Month
July
Year
1845
Copyright
Public Domain
OCR Text

Asan illustrau'on of the the operation of legal teclinicalitics, we will mention the following incident, which occurred in the Circuit Court of this County: The PlaintifT filed his declaration, in the cause in the usual form, entitled as follows: Circuit Courl, ) Washlenaw County. ) The Defendant demurred to the declaration on the ground, among other things, that the cause was not entitled in any Court - said demurrer stating that itshould have been entitled: The Circuit Court, ? For the. County of Washtenaw. L Plaintiff in the cause treated the demurrer as a nullity, and refused to join in the demurrer, - whereupon the Defendant entered a default for want of joinder in demurrer. The quostion was tlien brought before the Court, Judge Felch presiding, on a motion to set aside the default; and on the facts being submitted tothe Court, it was aecided that the demurrer wasvalid, and the PlaintiiFshould have joined in the demurrer: that the law required that the omission of the words, "Tte," and "for the," which were omited in the entitling of the cause, should not have been omitted - and refuse lo set nside the default, and the plaintiff was therefore, out of Court. The consequence tothe plaintiff was a non-suit. He was compelled to pay all his costs, and begin again.We learn from the Philanthropist that the nhobiiants of' Indionopolis celebrated the barth of July by mnrdering n colored man in he slreets in the presence of 200 people.- 3e was I eat to death witli clubs and other.vise, and beat afler he was dead! He had iommitled no offence whatever, bnt a lot of irunken rovdie8 cauglu him and killed him because "the n'ggers were gettingr too cvirsed ihickl" In nbotit two hours one of the murderers was seized, and another escaped from hé city. The mob eearched one hour for DePuy, the editor of the Liberty paper, and he was obliged to secreto himself to save hislife. A deputaiion of the citizens, consistingof the Rev. Henry Beocher and u lawyer, aftorwards waited on Mr. De Puy to ad viso him to say nothing about the murder!- 05a The Stockholdersof the Farmers ana Mochnnics Bank have determined on paying in 8150,000 to f lie capital stock of ihat inslitution, and recommencing business, They already redesm tlieir bilis at the Bank, and ihey nre iMke1' at par a portion of the business men of Detroit. We presume Ihat their antea will circuíale ogain rcudily enougli, as ovpry ene wil! tnke ony thing in the efiape ol mónVy tliat will y debts. B'ut we suppose :here is no more reusoti l o repose coiifidence in the permanent tolvency of the wwtitution llmn there was before its tiispension. (U We have been stiown some very beautiful specinipns of stylographic card drawing by B. W. Buel. Mó B is an experienced teacher of Penmnnship, and intends inslrucling o c1b6s in this village. He con be found at present at the Exchange.ff?3 The N. Y. Tribune of July 16, contains more than two columns on "Mr. Birney and the Tribune," in the usual style' of that paper.' The Editor insists ihat Mr. Birney is "aliar and avillain" because Mr. B. had written in a letter to the Tribune, Oct. 8, that "Mr. Clay nswell as Mr. Polk had expressed himselffavorably to Annexation." M"r. Greely says that if "Mr. Birney actedan honorable, upright part in this matter, write us dbwiï traducer and libellcr." We do not think there is any occasion for complying with his request. The character of his articles suiTiciently shcnvs what manner of spirit' he has. He cannot use himsetf up faster than by his present course. Le liim woik at il.

Article

Subjects
Signal of Liberty
Old News