sed premises for the purpose of
carrying on his business or trade are generally regarded as personal
property. Annexations of this kind are called trade fixtures and the
law is liberal in permitting their removal. Show cases, counters and
shelves, engines, boilers, machinery, tanks in a distillery, a bowling
alley, bar fixtures, even buildings are removable. The same liberal
rule applies to agricultural implements. A tenant, therefore, if
wishing to remove whatever he may have added, should be careful about
their nature, or protect himself by an effective agreement.
=Legal Remedies.=--Elsewhere we have shown how civil and criminal law
differ. In criminal proceedings the state is a party and prosecutes
offenders through agents or attorneys who are chosen or appointed for
that purpose. In all civil offenses the person injured prosecutes the
offender, through the courts established by the state for that
purpose. Suppose A owed B one hundred dollars for which he gave his
promissory note payable in ninety days from date, and which on its
maturity A declined to pay. B could then have recourse to a court of
law to collect the money. If knowing nothing about the mode of
proceeding he would employ a lawyer; if he was familiar with legal
proceedings he could do this himself.
What is the first step taken by a lawyer? He makes out a writ or
complaint stating B's course of action against A--that he has loaned
him a sum of money which he has not paid as he promised to do, and he
is summoned to appear in court at a certain time and place and answer
why he does not pay and the court is asked to render judgment against
him, if there is no defense, for the money due with the addition of
the costs incurred in seeking the aid of the court to collect the
money. This writ, declaration, or complaint is given to the sheriff of
the court where either A or B lives, who "serves" it on A. This
service consists in reading a copy of it by the sheriff, or by one of
his deputies or a constable, or other authorized person, to A, or in
leaving a true and attested copy thereof with him, which has become
the universal practice. This is the ordinary mode of beginning a legal
action against a person or corporation.
An action thus begun is followed by a trial of the case unless it is
settled. Usually the trial comes off within a few months, but not
infrequently long delays occur. If, after the introduction of
testimony, judgment is rendered in favor
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