The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1848-02-04
goods md cha,tIe., to wit: ten horses, ten

The plaintiff being so possessed thereof ai-
forwards (stating time and place,) casually
lost the said cattle, deed, &c.--and the
same afterwards, to wit: (stating time and
place. came to the possession of the defen-
dant by ,fnding.' 1t then goes on at great
length and with wonderful particularly to
set out the prodigious fraud, craft, and sub
tlety of the defendant and his REFUSED to de-
liver them, although often requestcd,' and
his converting them TO his own use, to the
damage fthe plaintiff of one hundred dol.
lars.' When the whole matter comes to be !
it appears that the plaintiff
only claims all old horse or a COW, which
was, however, neither lost or found, de-
manded or refused-and all the times and
places stated are immaterial and never re-
qnired to be proved. It may, perhaps, be
said that much Of all the above statements
is unnecessary and might be omitted in a
declaration. This is true, but yet it is sell
dom if ever omitted because the allega-
tons are according to the forms which have
been in use perhaps two hundred years
and so long as the declarations are retained,
the forms will also be retained; and besides,
the pleader is not always certain what he
can with safety omit, and therefore puts it
all in. Is it not manifest that these declar-
atoms do not fix the true state Of the lues.
ton of right; and do not give to the defen-
dant notice Of the precise matter for which
he is sued?' But if they did, yet cannot it
be done in manner far less prolix and far
more plain and simple? 1t must be noted
that these declarations have TO be drawn
with great care and skill, and with full
knowledge of all the technicalities involved.
This cannot be shown more plainly than
by the fact that many large volumes are
written, and published, wholly devoted TO
this SCIENCE as it is called, of pleading;
the study Of which generally consumes one
and knowledge of which can only tie per.
fected and retained 10y constant application
through long professional life. Mistakes
in the practice Of this art or science are fire.
quently fatal TO the client, and always pro-
ductive Of expense and delay" q. '.I
In relation TO ''the several kinds of ac.
tions," and the uncertainty attending their
use, the Judges arguments are alike folei.
ble and convincing Hg#
"When a person applies to lawyer 10
/
whether he has canse of action, either in
Law or Equity. This is, generally, easily
determined. If the inquiry be answered in
the Affirmative, then the question is, whe-
Their he must bring the suit IN Lac or in
Equity. Any mistake in this is fatal to the
client. If the lawyer decides that the suit
must be brought at lar, then tile next mat
ter Of inquiry is, what kind Of action mus,
be brought? Must it be a,Sump,it, debt, 81
other action Any mistake in the action is
also fatal 10 the client. In some cases there
is only one action by which the plaintiff
could succeed, or, as 1t is called, 'recorer.
There is one right action, and eight or nine
icrO,,g ones. In other cases there are two
or more actions, either Of which would ena.
Die him TO recover; but generally scmc one
is more appropriate than any other. Blu, il
the wrong action be brought, the error can
neither be remedied by amendment, or re.
paired in any other way the plaintiff mus
90 out Of court; and Of course pay all the
costs lfhe chooses he may begin again
But this is not all the trouble the plaintiff
may have several causes Of action, Gael
perhaps small in amount one in dsbi, ano
Their in dssumpsit, another in horc,. lie
cannot unite them in one suit, but is com.
PEELED to bring several suits. II is to The
great advantage Of the plaintiff TO bring on
" one suit, instead of several suits. because
the costs and expenses are generally accor
ding To the number Of suits. His lawyer
could not afford TO bring several suits for the
same fee he would be willing to take FOL
one suit. Many Of the expenses he mus
pay whether he succeeds or does not sue
coed such as the costs Of con,inuances OF
his own application, and the like. IL h,
fail in any of the suits, he has all the cost
generally to pay in that suit. II is ais,
greatly to the advantage Of the defendant Il
have one rather than several suits brough
agans, him, and for tile same reasons. TIL
court would also be benefited in the savin!
of time and trouble. But yet it cannot b
done. Now these nbsurdiiies exist in
plaintiff may unite as many causes OF actio
as he pleases. If they all be in assumpSit-
or all be in debtor all be in trespass. Ant
, this he can do, although each cause of ac
I ton be entirely separate aud distinct. Thu
|, he may unite in assumpsi, demand due b
promissory note-another due by bill of eX
change-anc,her due for goods sold and dc
: livercd--another due FOR work done-anC
, ,her on promise to pay the debt Of thir
person, SC. Ifthere were one hundred dill
ierent and distinct causes Of action, the
may all be joined. But if he have onl
three causes ofacton-One on n note umdt
/, seal-one a common promissory notc--an
! demand for timber cut on his land, h
1 must bring two,scparate suits because ii
/ first is in deb, the second may be debt I
i assumpsit, and the third mus, be ,respas