The Supreme Court of Georgia.
73
"In Lester against Lester, the question was about attaching a husband for contempt in refusing to pay alimony. This is what the Judge thought about it : ' If a man, though having health, will not work for the support of his wife and minor chil dren, a court cannot assume direct control of his will and muscle and compel him to labor. To be idle (taking the consequences) is one of the privi leges of a freeman, unless he is convicted penally "In Dee against Porter we find the following; of some offence, and put to work as a punish ment. But while a civil
ALEXANDER M. SPEER
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' It not infrequently hap court cannot order an pens that a judgment is able-bodied man to go to affirmed upon a theory work, it can, in a proper of the case which did case for alimony, order not occur to the court that rendered it, or which him to contribute so much money, at such arid did occur and was ex such times, to the main pressly repudiated. The tenance of his dependent human mind is so con family, and leave him to stituted that in many in provide the money by stances it finds the truth the free and voluntary when wholly unable to exercise of his faculties, find the way that leads mental and physical, or to it. by any other means at "The pupil of impulse, it his command. The at forced him along, tachment will bring the I lis conduct still right, with his argument wrong : actual resources of the Still aiming at honor, yet respondent to a practical fearing to roam, ^Jj, and decisive test. Pres The coachman was tipsy, sure is a great concen the chariotdrove home." trator and developer of "In Forrester against force. Under the stress State, the defendant un of an attachment, even dertook to evade the law the vision of the respon against retailing intoxi dent himself may be ALEXANDER M. SPEER cating liquors without a cleared and brightened, license, by having his so that he will discern cook sell them in the kitchen. ' In the defendant's ways and means which were once hidden from kitchen, by his servant, in his presence, and with him or seen obscurely.'" his co-operation, through the responses. " Go to "In speaking of the power of amendment on Mary " and " Give the money to Mary." the traffic appeal, in Burrus against Moore, he says : ' Cura was carried on. There is little doubt that the de tive measures are not restricted to the early stages fendant was the deity of this rude shrine, and that of a case; our " court physicians " now treat Mary was only the ministering priestess. But if chronic disorders as well as acute ones.'" she was the divinity, and he her attending spirit to warn thirsty devotees where to drink, and at whose "In Dodd against Middleton, the Judge dis feet to lay their tribute, he is amenable to the sented in the following terms : ' If I could be re State as the promoter of forbidden libations. inforced here by the votes, as I am by the opinions, Whether in these usurped rites he was serving Man of the Supreme Judicial Court of Massachusetts or Mary him, may make a difference with the gods and the Court of Appeals of New York. I could and goddesses, but makes none with men.'" easily put my brethren in the minority; but as it 10 .. In Nnssbaum against Heilbron, a son carried on business in the name of his father, because he felt that his own name was under a mercantile cloud. As Judge Bleckley expresses it : ' Accord ing to the charges of the bill, the father had no capital and the son no character. The man with out character carried on business in the name and upon the credit of the man without capital.' "
