The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-09-27

both at law and in equity have bscou. h. ,h it,
OF p,eaasfs ana me rehnemen's Of to
the ends Of substantial justice require the srt,rs
cation OF IRE present system and the adoption of ew
enc based upon the principle. on which pleading was
originally founded and designed apply TO peadisss "A
the only standard OF their formal suAeisuey the test
whether they p nly and integ bly, present tn. mattars
in issue between the parties, whether those matters
involve conclusions Of law of fact For the accom-
pisbment Of this object well convinced after the
most thorough consideration Of the subject other
adequate open to than to provide for the
place OF one which shalt rest upon and at the same time
fully carry out the object for which pleading is de-
signed. 49,
length unnecessary for our present purpose, to SGT
forth the absurd techncaties with which this branch
procedure has been surrounded Their existence
has admitted and deprecated by just and snght
ened lawyers and judges from the earliest ages OF tho
law Legislation has been resorted to and sp-
Piled for the purpose Of obvatng the evil but In vain
until the system has become burhsnsome oppressive
and unjust as to demand what we are not disposed to
believe the Legislature will withhold the most vigorous
and searching remedy That this can be effected by
retaining the old system even as the basis OF new ons
do not believe This mode Of reform bias been oten
attempted. and has often failed How far this failure
has been attributable to the veterate prsjudioes OF
courts and lawyers, against innovations upon eystem
to which they have cung with pertinacty almost In
credible, we will not pretend to say.
But we feel 1t due to Of candor to remark and
In this challenge contradiction that the most liberal
system of relaxation of its risor and the most sweeping
ing which the wisdom Legislature has been able
TO devise have been FILTERED by construction and
least are not to try the experiment Of re-
pairing the existing system We believe that the true
mode OF attaining an issue between contending parties
concise and ineligible form We believe that this OBJ
jet cannot be attained until the present 6ctoa tech
nicslities and verbage, entirely swept away And
will not far disrust the intelligence integrity Of
the bench as to suppose that they viii withhold their
countenance and support from Q system which shslr
substitute for its foundation and the sd
mnistration Of substantial Justice for Its end
The system Of pleading, which we design to propose,
will be substantially this that the pleadpgs shall
st OF declaration and which shall set forth
the constituting the cause action defence,
truly, plain and concise LAM uage and in such man
ner as to enable person Of common understanding 70
know what Is intended The ingredient Of truth IN
pleading to be attained by providing in proper cases
for an affidavit at least Of the belief that the facts al
legged true. All matters alleged on either side arc
not deemed the other to be taken true No other
pleading than the declaration and TO be permit
ted excepting where matter set in the answer
in which case 1t may be- denied by replication.
In thus stating the general outline Of the proposed
system of pleading feel that it is but just to our
tested by the details with which propose to invest IT,
and which have yet been sufficiently considered to
De mere And we can only asa We 10
render 1t at least not unsafe substitute for our
judgment can neither be retained nor amended.
The result then OF our progress thus far Is dsterml
nation AS soon to recommend to the Legs
lature the following propositions -
The esta blishment Of system OF practice and
pleading instead Of a plan Of amendment merely.
>. The abandonment Of the distinction between the
modes Of proceeding aud pleading Of legal and
equitable oogpizance and the adoption Of UNIFORM
system, as applicable to all cases.
g. That the distinctions Of forms of actions At law be
longer retained that every action upon Its
facts aud the law Of the applicable to the
rights which It invoives;-Aud
l. The establishment Of a new syst m of pleading,
based upon the principles which have been stated
In conclusion, beg to assure your nonorabis body
that we shall proceed rapidly the decacy and DIN
Guilty OF the task have assumed will allow to the
petion Of the details upon which have long been
cuped carrying out the views and objects In
this report In proceeding towards the completion Of
soors We shall respectfully claim doubt not We
will readily receive the patient indulgence Of the Lsgb
lature Respectfully submitted.
ALBANY, September 20, lss7