The North-Carolina standard., 1845-10-01
For the North Carolina Standard
The Administrations Of Justice In
North CarOlina.-fNO. A.

For the North Carolina Standard.
The Administration Of, Justice I'm
North CarOlima.--(N No. A.
Superior Courts. Next in order are the Supe-
rior Courts 10 which Judge educated in the law
presides Ills unnecessary to say that any defects
we find in this Court are unconnected with its
constitution or the character and qualifications Of
its Judges. As a body they are entitled to enco-
MUM and respect, and individuals might be Sc
lectcd worthy of comparison with the Judges of
any land The evils we find exist mostly in the
practice rather than in the theory of this Court as
established by law, and yet they are those which
the present Judges have not established, and for
the continuance of which to the present period
they cannot justly be held responsible. They ex-
ist principally in the mode of presenting issues OF
fact TO the jury, known as pleading. The same
exist to even greater extent in the County Courts
Want of space will prevent our giving to the sub
ject the full examination its importance warrants
and we fear after all tho full extent of its import
ance and of the existing errors can be estimated
only by the profession We regret the less, how
ever the necessity of brevity, because we feel as
sured that the opinions shall advance are those
merous part of the profession. fss
With the laws Of England our ancestors re-
ceived its system of pleading. The system, in
deed, is an essential part of the common law. 1t
is system of unrivalled excellence, the result Of
long experience gradually adopted and perfected
to fulfil an unchanging want Perhaps no hu-
man invention was ever more perfectly adapted 10
its end. 1t was really what Lord Coke called it,
the life and soul of the law and alone could give
as a practical science. 1t has received and do
served the encomiums of every distinguished law
yer from Coke to Stephens. Its object was the
production of an issue by which some single and
material fact should be asserted on one side and
denied on the other. 1t is obvious that one or
more Of these material facts exists in every suit
not turning entirely on aquestion of law, and the
affirmance or negation of either of these would
decide the controversy between the parties. The
production OF this issue was accomplished by fol-
lowing or Initiating the natural and logical order
Of parties orally stating claim and a defence.
Ln the first place the plaintiff makes his complaint
if the defendant admits it and says it does not con-
'titute an injury in law, then nothing remains
but for the Judge 10 decide whether it does or not
f he denies any material fact entering into the
issue is formed at once for the jury
% decide affirmatively or negatively: and So in
ike manner if the defendant admits the allegations
IF the plaintiff but alleges new fact in justi6ca-
ion, which the plaintiff admits or denies in his
urn. In this manner, ultimately, the kernel of
he controversy is reached, some single and mate
'ial fact decisive of the whole merits is affirmed
md denied. saa
The advantages of thus narrowing the issue
must be obvious In every cause, by far the
greater number of facts constituting claim or a
lefence are really not in dispute Yet, unless the
ssue be confined TO some one or more which are
.eally disputed, witnesses must be in attendance to
'rove the whole; and if party fail, from igno-
ance, accident or surprise, in the full technical
proof of any one, no matter how notorious it may
'e, he fails in his claim or defence. But by thus
the issue, the attendance Of numerous
Witnesses, the greatest source of cost is dispensed
With. The most common cause of delay-their |
lbsence when required-is removed. The par
les know the precise fact to be decided, and come
prepared to try il the decision Of the jury, from
heir attention being confined to one single con-
ested fact and not dissipated over a multitude, is
much more likely to be right. The parties not be-
ng deceived or surprised are much more likely to
'e satisfied. And should any error occur in the
curse of the trial, or any misapprehensioa of the
aw by the jury, it can be more easily seen and
corrected by the Court; and finally, should the
ury give wrong verdict under the influence of
improper motives or caprice, the fact will be more
bvious These are some of the inapprcciablc |
dvantages ofa rigid system of pleading
1t is true that for number of years past con-
iderable relaxation had been allowed in the En-
,lish practice, from the rigor of this system but
{ is equally true that, urged by strong sense of
he evils attending the relaxation, enlightened by
experience, and after great deliberation, with the
pprobation of all the Judges and the vast majori-
of the eminent of the profession the practice has
'een brought back in England, by recent acts of
Parliament and rules of Court, to all the pristine
nd theoretical rigor of the system The benef-
ial effects of the reform are generally acknow
edged. Mr.. Chihy enumerates among them
reducing the number of witnesses and the ex-
ense of evidence on trial."-(3 Gen. PrGc. 1917
And again he says; Whilst the abuse of the
lea of non assumpsit or other general issue was
'ermitted, the jury, according to their general