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ive argument by the Hon. B. F. Dennison, of counsel for the plaintiff, and a few remarks not worthy of notice by Frank Clark, Esq., attorney for the defendant, was submitted to the court for decision."
Another of his journal entries grew out of the uncertainty of the legislation as to the commencement of actions. Up to that time, as ever since, nearly every session of the legislature had changed the law in regard to the commencement of actions. During a portion of the time it was provided that causes in equity should be commenced by the service of a subpæna, and at other times the service of a summons was necessary.
At some time prior to the journal entry referred to a service had been set aside for the reason that the clerk had issued a subpæna instead of a summons for service upon the adverse party, and an action had been brought against Captain Salter for $1,000, alleged damages growing out of the setting aside of the service. In the meantime the statute had been changed so that a subpæna became the proper process for service in an equity action. Judge Struve filed a complaint in equity and asked the clerk to issue a subpæna for service upon the defendants, but Mr. Salter was doubtful whether or not that was the proper process. He, therefore, took the matter under advisement, and the next day made the following entry upon the court journal, properly entitled in the action: “Having great confidence in the legal ability of Hon. Henry G. Struve, I have, this day, at his request, issued a subpæna in the above entitled cause. If in so doing I have been misled by said Struve, and thereby made myself liable to another suit for $1,000 damages, may the Lord have mercy on his soul.”
The foregoing and innumerable other incidents which might be given do not, and cannot, in any manner detract from the ability and integrity of the bench and bar, nor from the simplicity of character, good sense, integrity and hospitality of the great mass of the people with whom they were brought in contact. Let us in these days cherish the memory of those earlier times. ple of those days had objectionable characteristics, let us overlook or forget them, but let us never forget those sterling qualities of mind and heart which were then so universal among the people, and went so far towards compensating for such privations as had to be endured.
If the peo
Humphries, J. E., motion of, to dispense with reading record.
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