New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-20

. Judge Walworth's Letter-Report on Three Mil
lions--Crooked Accounts, very-The 81 900
Costs.
To tie Editor Of The Tribune
SIR The Chancellor has written another letter
TO pre.den, Tracy and the Committee appointed o. the
Convention (Mcssrs Mann Tsggar, and Chatield3 haze
reported that Mr.. walworths moneyed accounts are
not in a very credtable condition The Chairman Mr.
Mann mentions ope error Of $4,000. ] gUess we have
no: yet got 10 the worst OF II
Mr. simmons concluded his speech At halfpast u and
toward the close ALLOW that NcEv-fo rk was be
hind England in the way OF simplifying legal forms Mr.
Hoffman followed and closed his remarks q; hspast
He says he foI uniting the tribunals Of aTT and equi
-, aud fusing them. He would thus 20 the whole
breadth and length Of Chancery Reform.
Tho Convention, in Committee, then ~oted for Mr
Chatee!ds amended section that There shall De 81.
preme Court, having general jurisdiction IN las and
equity
lir swackharner proposed 70 strike cut tue section
Just adopted, and adoptthe following
The Judicial Power Of the STATE 'hai be ve.ti N oae
Supreme Court and in such subordinate courts as mag be
authorized by this Constitution.
ms amendment was voted DOWN. 70 "a
Yet il appears 10 10 have been the very best mat
could be drawn. in connection with the itth OF the
Majority Report which Is in these words
The Court for the tria Iapeactment- and the Cor
r,cion of Errors The Court OF Chancery the Supreme
Court and Tie County Courts a. ai present orgsiIeo are
Nr Charaelds section which was adopted. keeps up
thf Courtoi Chaucery with all nearly all ~ hOoii
shall our Chaucelurs in place OF the present Equity
Judgcs-they sitting day chancery fashion ana an
other tother way. al common law !! P'o.,s a ,i
lurisdIcton shall be united. but maj u' oPpi'e'
TEN shall be upheld # II were attempted III the next
session Of the Legislature. 70 blend "a" ana elul'! III
their forms and pleadns- ana mus rene ' ooiiiiei
ciul community partnerships &C from thc scourSc OF
this European exotic, Mr. Chauied- amendment would
IN the facc would be tod that an equity
Jurisdiction had been created by the Constitution and 80
named in TO common law powers and
thu; Ind no, Convention and the People intended 70
retain the Court Chancery odious as L. they would
not have armed IT, and appoihed special tribunal 10
administer its peculiar forms. Why not speak plain and
do openly what is to DO done, II at all
The notes.-the Yeas and Nays-we will get by aud by.
Seven Delegates voted for motion by Mr.. Marvin,
tue object of which hc stated to bc To continue the
ent Chancery Court separate, as heretofore.
The Supreme Court of the United States has Iuriscic
ton at law and cquy-just what the majority propose
What merchant is there in New FORK that does not
know that that Court is the cOsiost IN the Union sir
Bettss relatives make. did make until recently,
$4,000 year for folding signing and arranging law
papers, sc merely Clerks it, District Attorney, Mr.
Il Butler took S6r 500 OF fees in = months. and It's
jurisdictions though united, by means blended
like to be. our Circuit Judges have law and equity
lurisdcti0n--does that blend them and simplify the
toInst Would Mcasrs. Brown, Simmons, Rusglcs and
Jordan support anything that would blend law and
equity doubt it much. Unless these Jurisdictions
form, simplifcd as Mcssrs Baecom Hoffman and
O'Conor propose the friends OF reu reform will find
change without much Improvement
JntOn Of Lar and EgnIy.-SinipicT Forms 81 Lar
Papers.
What is the use OF requiring than plain state
ment made IN plain way TO get justice Old Massa'
chuses has believe, abolished special pleading IN bar,
OF every kind. In Louisiana tho defendant must either
acknowledge his signature or deny IL Mr. SIMMONS,
to-day, in his closing remarks delivered sort OF MANY
OF legal sins.
we have omitted said he for ten years make those
simphAcatons Of the plcodings which would have s"tls
fed the eye of reusun-thc Equity Court has been
crowded would shorten and simplify proceedings in
all Courts ! would have the form OF declaring on a
promissory note, not 10 exceed 3. lines IN length We
should have an uniformity in the Issuing OF processwe
now begin by the declaration. Every suit should be
commenced in all the Courts alike summons should
be the only process in every Court except where the
party is liable TO be held baii-und below the sum
mons the plaintiff his attorney should write that the
object was to recover such that he would nkc no
less and that II IN ten days 1t Were PAID would De
full sntsucuon Cor words to that ehect) inns would
let the defendant know the nature and extent oil the
claim once-and the in equity 1t has been so
III England these ten years.
We might said Mr. Simmons let the Courts OF Law
have the power OF discovery That would save the
Court of Chancery great deal OF labor-but to unite
tie jurisdictions OF law and equity for the purpose OF
blending them would. Mr.. Simmons thought increase
the number OF lawyers for said he where the carcass
is, there will the eagles be gathered together 1t was
not his wish TO chancory to law jurisdiction IN
order to arnalganatc observation-disclosures he went with
Mcssrs LOOMS and Conor, Tor the union he did not
like them with the forms OF proceeding blended but
only went far as Mcssrs. Brown and Rugses who
though they would place the law and equity tribunals III
one Court would keep them separate a. jurisdictions
For the benefit OF the profession and nj the expense
OF the public, he did not add Tor il would have been
ndccorous and supplementary TO charge learned gen
tlcmcn. trusted by the people, with such motives On
looking back into the Journals however ma very lew
attempts record 10 put this state even on par with
England. III matters OF pleading and process MI SIM
mons admits, above that are beh nd her Mr. Alba
nv Fonbanuue in his work Legal Fiction says that
II faelOod ersa4st'b!e body 'os"c could % per
esltd polite than the sy'te" o E"Glh La and IT'S
New ork Law uch ''oud erpend so many tS al as
forms aud proceedings as 70 'a'e none for the use Of
rognes ~ e''aence. r =,
OF fiction and sophstry the oath they take compels
them to utter the truth the whole truth and nothing
but the truth
THO Bcst O. CoaaeloR Sgecidl Pleading.
81 ask said Mr. Hoffman day in,cliEhlc plead
.ngs in law-that the plcadrgs may give the m'ormG
non they profess to stvc-thc same III Equity ASK
that the Plaintiff may be allowed to state ms case ana
the Defendant his want the hos, mode OF getting at
the best remedy no matter whether II Is borrowed
from Rome from Germany
He said that the Equity and Law jurisdiction and
tyr,. wonn no united in a dcgrce--or tused-by law
allowing q man TO give evidence OF me truth against
himself III civil causes =,
some wears ago in the House oi Commons. Nh
OConneii took up the subject OF Special Pleading
He was happy hear that the technical system OF
lpecia pleading was TO be aboshed ana 1"s II, ,o,
Such forms outrage 10 those VINO could penetrate
their meaning while they werc utterly unnIe!Sibc 10 ihr
ofmalkind. Sir Robert Feel had aio'1ea PROOF ~
their difficulty aud uun,ellghlily ny having neeh hiisc
unable SO into the minute details OF technical howrdSe
Why should There be IN ;ms country any 'nS 1 We
which he unable to make himself tnIiy ac'Naln-
hat gentleman OF his lacn, and Industry >horld hc guo
rant material part OF them ltlt thus why
not abolish the wchcrail ot these forms, and make
line Law which govern all, in,clgihe ALL
Was II not dsgrHcef 10 country like England that de-
sons should pSce IN her Courts upon The forms OF
The peadines contradiStNguishel from e merits the
case (Hear hear lie trusted he should I've 10 see the
iuy when Judge woi.d be ashamed TO say he desidcd
,,1se ON forms-on those orus which II Counsel
oruey NIGH, mistake. hut which could not Affect the right
OF equity o; The clam up by the party himself
Allow me To give your readers Il s'inpic English lS"
Case, in illustration
Timot&y MapiyS B,se,Ut Cox. Br<S.
Nehemiah Nelson of Oldham took Timothy Muir
phys COW because Tim. owed him SIN months rent
lie said he took il distress 10 compel hul 10 pay
him this rent
Timothy applied 10 Attorney Higgins, whose Iirst law
proceeding state IN declaration that Nelson ha'i
taken his brindc Bcssths he filed in court. and
served Nelson's lawyer with copy. demanding an an
swor Thi. the first step in law in the brndic cow
case,
l,.rtrntt 10 draw plea. llsgng Tint inr due