In re Baseball, Harvard v. Yale

At Nisi Prius, Summer Term, May 20th, Anno Domini MCMXII, hor. 2 post meridiem, on Soldiers Field.

Coram Williston and Warren, JJ.

Count upon a challenge.

A question having arisen in the Inns of court concerning the comparative ballistic merits of Plaintiff and Defendant, Counsel were chosen for each party, and Hearing arranged before the Justices. For, saith Hengham, c. J. "Qui fac. per alium," &c. Whereupon Lord Coke, "This, &c., explaineth, in sooth, &c. itself, &c." Quod Walmsley, J., concessit; and so it is frequently said in the books. And it was agreed by Hann, "one of the new Sergeants," for the defendant, to abide by the judgement of their Honours sin' appell.' sive referend.' sive recall.' &c. (Hann: The action lieth. Logan: The action lieth not. So concluding by the way of the Per and the Post to the country.) Sed qu., Were it a tie? As I have heard it said on the other side of Westminster Hall, Damfinao, &c.

And so it is reported of Bracton how he said upon one day in summer, employing tempore abstraction is the vulgar tongue: "Vel Giantes vel Athleticos, Play Ball!" whereupon Coke maketh this pregnant note, as he well sayeth; "Mong chapoc este dans li cercle."

Postea to be delivered to the winner.