In Uncategorized on 04/20/2018 at 15:55

When it comes to providing blogfodder, stirring silt, dissenting, concurring, engaging in grammatical duellos, inserting wild footnotes, or generally jazzing up a day otherwise bereft of better material than unsubstantiation and feeble testimony, see the title of this my blogpost.

Here’s Estate of Jeanette Ottovich, Deceased, Randy Ottovich, Harvey Ottovich, and Karen Rayl, Executors, Docket No. 25781-12L, filed 4/20/18 (and remember that date).

So why all this wind-up when the pitch is simply “gimme a status report by July 18”?

Here’s why (and why dinner with Judge Holmes is a comedy special).

“…note that today is the exact bicentennial of the last trial by battle in the English-speaking world. See the onomastically excellent for our Court Ashford v. Thornton, 1 B & Ald.459, 106 E.R. 149 (1818) (Ashford declined battle; Thornton possibly got away with murder and ended up in Baltimore); see also ‘No ‘Game of Throne” Throwdown,” Staten Island Advance (March 28, 2016) (NY Sup. Ct.) (acknowledging trial by battle still available in New York State). (The case should be better known by tax lawyers for the opinion of Lord Chief Justice Ellenborough: ‘it is our duty to pronounce the law as it is, and not as we may wish it to be’). Order, at p. 1, footnote 1.

Now that Judge Wherry has retired, long-absent whimsy has returned, brought back by Judge Holmes.

As for trial by battle still being available in New York, I don’t suggest trying it on.


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