Monday, May 23, 2011

Interesting Origin of Common Legal Expression

Open and Shut Case.

In 1831, Jacob Open and Jack Shut were neighboring. Mr. Open was a pig farmer. He offers to lease a portion of land from Mr. Shut, who raised flax. Since the land was prone to flood it was not suitable for flax. However it was a suitable place for pigs to wallow.

Soon enough, a litter of piglets was birthed. However, since the birth took place upon his neighbour's leased land, Mr. Open deemed the shoats Shut's and refused to make lease payments, arguing his neighbour to be a bona fide pig-chaser for value without notice.

In retaliation, Jack Shut enforced a lien on the land and seized Open's assets. Doing so, however, meant Shut ran afoul of Inland Revenue laws, as the pig profits were not flax-deductible.

To complicate matters, Mr. Shut had been carrying on a four-month affair with Mrs. Open, wife of Jacob and a notorious philanders. Most of the late-night encounters took place on the portion of land in question. When the affairs were finally discovered, it prompted lawyers for Mr. Open to sue for "double trespass," a tort over both his farmland and his wife.

While preliminary proceedings were filed in the circuit court, the matter never went to trial as the night before the evidentiary hearing, Mrs. Open shot and killed both Jacob and Jack, absconded with the money and was never to be found. Lawyers for both parties had no need to carry on.

Hence, when lawyers find themselves overly prepared for a trial, they recall this set of events and deem it an Open v. Shut case.


Definition:

open-and-shut - so obvious as to be easily solved or decided


~~Till Next Time~~ Da...

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