Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1845-11-04
To tie EgiiVrs Of fis WAie.
JUDICIAL LEGISLATION

IL ia silsSge what freedoms arc taken with Laws-yer,
table enac,mons OF the LeSslaiuse-by judiciary
Every body SHOWS how the Judges Of England kept on
interpreting s,Shier and s.ghter ~ledEmenls Ut
debt, sufficient tom the statute Of Limitations
tail al length hey hli vusy almost repealed the statute
They ngeniuus tortured whatever tue debtor chose
say, into aekGowlodg mel which took the case or, d
the operation the Act that Lord E:.kno Tor Lord Plum
kei-wh,ch % p wity said, dUbtoIs only chaEca 81
escspc, when fssiEs witness came 10 talk with A.H
ab 1at tie barred debt, to knock him down.
Oar Virginia Judges adopted all the extravaganza,
OF sSc EUgi-h upon that sablcci: and the a~ winch rs
qlircs scNnowei promise q be written in
OricS to De valid. has cijeetuay p;evclted them
Bat ON some other topics they elder brother.
5cyold tie water Take, for instance Act of Jcoa
the intent Of which prevent surr from taking a,
vantage of defect his aiverS7Iy's dee!arufio
i!-I &c, when the has b.en tired on iis mers
and tie proper banai has decided a. Before 1919 I'M.
Jaw, vita -, extensively healing but had becn -
often gotten around BY mauy essls alie
uies had spoken, and years been spent in litigation, had
81 last for defects IN declarations
&c that the Leg Stature resolved pot an end TO the evil
So IN the reSsa VI 1919 they soIemny enacted that as,
verdict! Judgment ihoui ne stayed or reversed for any
m'sPeadins iGsuc en pleading for aay mi-concep
ton at the form o! action, os ANY ether defect whasoey
IN the declaration pleading. ts5eIRsT Of form or OF
sUtsaare, which tdetee might have taken
- - aeRuTsr, 1ad winch shall have been 50 taken
advantage OF
O.c would have bought this a panacea. But ere long
being sred his bond pleaded that cBrASEu
IEAuD. The psiHuH joined issue upon tbs pea aad
The p.s.ntE appealed the u Ape SIS which, IA
los decided that as the plea dad whether tie fraud
ic u the bDEI iis ENTtCTios ard
a. fraud dad not vate bond unless twas
gIoSiie plea idle, IrNLTERIALthat - pre- seniel
no !a"iI bar 10 tie pi-Lnn acuOn So the reveT
sed the Judgment aai the deeuliut back t. pie I'D
oscT agaiu Tnis cas- j. TONLISsoNs AuI x N4ssy
e Randolph, i6J.
hase protested against -is1e got the book as
rePe6. OF te statute Of jesii. Tie defect certainly
ono, either "i form or Of suCst-uce"iI n.s,leal.
ing efficient Pleading ami miEl hay, been taken
advantage q 10y demurrer g.. The count said general
demurrer would have been decisive o. the case" Vet II
was "spI 90 taken advantage O:."
Tat decision secured the NJ PIrs ULTRA | though:
TIC ioce Of bodness could no iIflner 60" But
vas disappointed.
la ISL the case Of Fuss ". MiNs vp WIZ ~ L,ieA
dertTre between Inn and Me Ms mother mad bound
himself 10 pay the daughter 100 IN months the
mothers death. Mr.. and Mrs. VI. send tor TIL. sum
sEnEs The contract III r! declaration and yerfiuR that
the mother dead Ont- fore her su
began. Nov, ito lie lass ii1 uni-f such contract the
SUIT mast b" Instituted by the person contracted ruth and
not by IN. person 10 whom the payment be made.
the defendant, therefore, had 5HuTTed the declaration
he wOu'i have prevailed. But overlooking or
disregardng the eric (Which an fact had effect pom
gold Justice Of the ch-e) ho di5 ut'd the claim upon M
alone alleging payiLeul, md uf.sts rbs Iufy
found verdict against MN, hnI lie 5pp-aed-haVng Il ed
bills Of exceptions 10 some opinions Of the Court on the
irisL The points which these involved. however, wee
treated nothing, By both bar and judges Court OF
Appeals va, decided hc entirely upon ground moi
thought O in the Court below
Gn-y decided. that because the plaintiffs m their own
declaration showed The Of "a another The
deceased soy's admin straor and themselves the
should have benefit by their verdict bat % turned out ii
Curt Or, 40 tho CsuTF pels1niy Phrase ~ judgment
should BE- enttei J' tue defendant og oJiaaie uert1ics!
Really, since INC Fsutagengts md TIdO.s were wont -
uamplo upon the rights Of Elg-men "uofnifAsiaadjgg
the lgr," made ir protection DO not know anosg
Anglo iNon men, o. ~ Arbitrary oi the "n0a sJ-
5sHfs" clause 10 tee very cisel that very conI1cufc
% lic.nsiargss-uGsrlI the Legislature had ssl "no
Judgment should Le stayed reversed" our Court HI
"suyCd and rr'c:seJ two judgments IN one Of them at
least OBgou'y defeating substan'a justice. But that
bssisc the question.
DO not see nov any legislation riI- ey The
eNpctHess Of language exhausted IN 1919 lie nus
he cInGing archer TT words aud Trainer Of sentence
who con make uuy roIbIiyl CLEAR more swts ping
tnan hat rbs n- been swept like ch1F before III
WIND Of judicial Construction. TD. power that no
fu.-bf- con hold
--------ni..c adj. cannas
Ehugct amen l0c gC,Isfaius wnculs PfOpus
COUNTRY LAWYER.
Tgtfaa Dfs IAI5.