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Newspaper Page Text
THIS IS AMERIGAN COURT PROCEDURE!
Of cotirsfi Dagny "Aiidersori never read about the lawsuit of
Jarndyce & Jarndyce, in Dickens' "Bleak House." She doesn't
Dagny is a Swedish servant girl. She wants $12.45 wages from
Dr. William N. Berkeley. She has had the aid of four justices of the
supreme court, four of the appellate division of the supreme court
two municipal court judges, two of the city court, the corporation
counsel, the county clerk and the sheriff. o
But she hasn't got the $12.45.
Dagny quit the doctor's service in November, 191 li He owed
her $12.45, which she demanded, and didn't get. "3
December 8 she got a summons in, municipal court. Trial was
set for January 5. Ofl that date Axel Josephsson, counsel for.tlje
Swedish chamber of commerce, appeared for the girl, and attorney
L. M. Berkeley, a brother of the doctor, for. the defense. j
Judge Prince gave the girl judgment for the S12.45. Next dajy
Berkeley got an order to show cause why the judgment shouldngt
be reopened. Judge Prince, denied the motion.
Berkeley appealed to the appellate term. The clerk of the mu
nicipal court, in sending the papers, omitted to send the affidavit on
which "the summons had been -procured, Berkeley refused to .con
sent that the records be corrected. So Josephsson had to get an
order from the appellate division to show cause why the papers
' should not be corrected. Justice Lehmann made the order return
able March 1. i
The case went from the lytarch term to the April term,, with'
much fussing about the correction of the papers. May 8 the ap
pellate division lleard the case and affirmed the judgment of $12.45,
als"o assessing Dr. Berkeley costs of $25. r -
Berkeley moved the case td the municipal' court before Justice
Spiegelberg, for review of the clerk's taxation of $25 costs. May 21
Justice Spiegelberg upheld the costs.
' May 27 Berkeley got ah order from Justide Seabury, in the ap
pellate division, to show caUse why the appellate division shoujd nbt
make the costs $10, This motion was denied May 29.
Berkeley" now weht to the supreme court, and got from Tustice
Blanchard'an order to show cause why the judgment of $25 costs
should not be vacated. June 4 Justice Giegferich threw the ca"se out
The judgment was handed to Deputy Sheriff Burnes for collec
tion. He reported that the doctor had nothing on which to levy.
Oh Josephsson's plea, Judge O'Dwyer granted an order sum
moning Dr. Berkeley in supplementary proceedings. Berkeley got