agent for his father, appropriated funds to whatever as to the decision I ought to his own use, and set up a counterclaim and give; " or, " This point is really very sim plea of poor debtor, " This," says his can ple." J It shows with what celerity his con did lordship, " shows the sort of rogue I am clusions were reached, and would awaken dealing with. As to merits, he has none distrust if these had not been so constantly whatever." In a case involving the title to sustained on appeal. " M. Deschapelles real estate, the defendant averring that he boasts," was said of the famous French was lord of the manor, and was possessed chess-king; "but then the devil of it is he of numerous documents sustaining his claim, acts up to what he boasts." Indeed, the dif the plaintiff's prayer to be allowed to inspect ficulty with the Master of the Rolls was these was thus curtly disposed of by the not in determining what the law was, but Master of the Rolls : " The plaintiffs say that in making the unruly precedents conform they have a right to see these documents, thereto; or, as he expresses it in one although they claim adversely to the manor case,2 " This question is one of great dif and the manorial rights, and say, 'We should ficulty by reason of the authorities, and my like to see your title before the trial in order decision may possibly not be reconcilable to pick holes in it.' That is certainly not with one or more of them. In the view a course which the Court will sustain." l which I take of them I think they do not, Equally refreshing is his reductio ad ab- when fairly considered, prevent my arriving surdum of a purely technical objection in at the conclusion at which I should have modern practice. " The argument we have arrived had tiicrc been no authorities at all" heard," he says, "amounts to this that, where So, where the question was' of a gift over to a simple slip has been made in the form of those who would have taken if the tenant a notice of appeal, we are not to allow it for life had died " without ever having been to be amended. If this be so, the only case married," he begins: "To my mind — apart in which the power given by Order Iviii., from some recent authorities which I will rule 3, can be exercised, is where a mistake mention presently — plainer words, or words has been made on purpose, — which is that are less ambiguous, could not have been absurd." 2 In Labouchere v. Wharncliffe,3 used." 3 "I must say," he begins in Wal where the famous English radical leader had lace v. Greenwood,* " I should not have been expelled from the Beefsteak Club, his found any difficulty in this case had it not honor characteristically begins : " If I have been for two decisions by Vice-Chancellor Bacon. Those decisions do not appear to any difficulty in this case, it does not con sist in the slightest hesitation as to what I me to be quite consistent, and with great respect I do not think they are right." ought todo; butin bringing myself to be Hence his language in dealing with the lieve that, with such clear rules before them, the Committee of the Beefsteak Club could decisions of judges of co-ordinate jurisdic have imagined that they were following the tions was frequently unceremonious, and directions given by those rules in acting as not overburdened with conventional courtesy. "When I first had the honor of sitting here, they have done." Indeed, nothing is more characteristic of I used to think myself bound by any deci the man than the exordium of so many of his sion of a Vice-Chancellor that was twenty decisions, — " In this case I feel no doubt years old [the decision, not the Vice-Chan whatever; "* "In this case I have no doubt cellor]; but the Court of Appeal in one 1 2 » 4
Owen r. Wynn, 9 Ch. D. 29, 33. Re Stockton. 13 Ch. D. 346, 349. Hesant v. Wood, 12 Ch. I). 605, 612.
1 2 3 4
Comm. Ins. Co. r. Lister, 9 Ch. App. 483, 484. Re Nat. Funds Assurance Co. 10 Ch. D 118, 124. Emmins p. Bradford, 13 Ch. Ü. 493, 495. 16 Ch. D. 362. •
