The Going
Hence With
out Day
et cetera (May 1983) resulted in a Veritable Flood: 17 chuckles,
23 guffaws, 1 thigh-slapper, and a column by TY1A Prexy Bill Whitehurst
attacking Gods and Doctors.(1) This offslaught included several
explanations (plausible or otherwise) of the meaning
of the stock general denial phrase (go hence without day),
as well as one Almost-Horrendous Experience and the Blacksonian
Solution
.... without delay
Lyman Hughes (of the Carrington, Coleman firm in Dallas)who,
since a Truly Unfortunate Incident in the state courts when his
very first case was Called to Trial, has limited his practice to
federal district court and aboveinsists that a typo
by an early-day legal secretary caused the whole thing:
... Since I have become a Partner, I have had several occasions
to explain to Associates the meaning of the phrase go hence
wiithout day. My explanation is that the phrase is an obvious
typographical error which has been perpetuated through the use
of form books and the common practice of Associates adopting without
change the phraseology used in the last pleading prepared by
the Partner to whom the Associate reports.
The phrase originally used and written prior to the perpetuation
of the typographical error was go hence without delay.
For fear of suffering default or reprimand (or even disciplinary
action) I always used the phrase as mutated by the typographical
error. Nevertheless, my explanation of the phrase has always satisfied
every Associate to whom the explanation has been proffered, except
one Associate who suggested that the word delay instead
of day would seem to make some logical sense and, accordingly,
would be entirely inconsistent with the balance of the general denial
pleading. I recognized an obvious brilliant future for that
Associate and have promoted him to practice in federal district
court or above.
... or the passage of another day
Millie Kensinger (also of Dailas)Alas! I am too irregular
even to join the Belo Tuesday Night lrregulars(2)submits
an equally implausible. but more poetic explanation:
The
letter from Bryan J. McGinnis emphasizes the precise, poetic
fruits of our vast labors, and points out that simplicity
is only achieved with great effort. Such precision, such sinplicity
should be applauded and, of course, emulated. It surely was
in the throes of such inspiration that the phrase go hence
without day was conceived, cutting verbiage to the bare bone,
omitting the obvious and unnecessary phraseology; so that rather
than reading go hence without the passage of another day.
the lovely purity of the simple wording go hence without day
stands as a beacon highlighting the remainder of the similarly structured
clear and precise language of the pleading.
Humbly I call attention to the fact that. although not an attorney,
I have worked with and for them long enough to have absorbed some
of the most esthetic bombast; and it is with pride (albeit lowly)
that the last sentence of the preceding paragraph occupied nearly
10 lines before finally conceding to the period.
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