The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1848-02-11
Law Reform.

h@SAVh
We comply with the promise made last
week to give the remedy of Judge Wells fol
the evils he so ably pointed ont in the pres.
ent system Of practice aud pleading in the
courts. The Judge, it will be seen, is fol
adopting no half way measures his rene.
dy is radical, sweeping, and would be eilec
tive.
al propose 10 abolish the whole system o.
special pleading; all actions at law and all
bills Ill equity: to have only one way oi
bringing Suit. whether il be for redress al
law or in equity, or both. The plaintiff
should file a petition TO the court in plain
English, without any particular form; with
out making any statements inmaterial 10
the merits of the cause; and without any Of
that extreme nicely and particularly now
used. This petition would embrace any
cause of action either in law or equity, OF
both in law and equity; nor would il matter
what kind Of action, if at law, would now be
rcquired--debt--covenant--assumpsit--tres-
pass, &c., &C., would all be joined, if neces-
sary TO the plaintiffs case or rather we
would no longer know or hear anything abou,
those actions.
"Ths will be best explained and llustra-
ted by an example.
"The plaintiff, we will suppose, has -four
different causes Of action against the defend
ant Three at law and one in equity, as " e
now practice.
''lst. A bond For the direct payment Of
money. The only action which could now
be brought would be debt or covenant.
sod. demand on a bill Of exchange-,he
plaintiff as payee against the defendant as
acceptor. The only action which could now
be maintained would be asSumpsit.
''3d. a demand against the defendant for
trcspass on land and cutting and carrying
away timber. The only action which could
now be brought would be trcsra>s.
''4th. An application 10 the court 10 com.
pei defendant 10 convey n certain tract Of
land for which plaintiff had a title tond from
defendant. This would be BIZ in equity
70 compel specific performance of his con-
tract.
by the method propose, all These com
plants or causes of action would he united
in one suit. Thus:
"To the Circuit Court Of Cole county.
John Jones petitions and shows that William
Davis. the defendant. on the first day Of Jan
uary, 1916, executed bond to the plaintiff
for the sum of one hundred dolars-datedc On
that day and payable one month after date.
Which sum Of one hundred dollars and The
interest thereon is yet due the plaintiff, and
he asks Judgment against defendant for the
same.
"PlaintilT also states that one Jane, Jones
made and delivered 10 plaintiff bill Of cx.
change in this State. dated on said LIST Jam
uary. 1916, in which said James Jones re-
qneStcd defendant to pay plaintiff ono huu.
drcd dollars nj sight Of said bin; and said de-
PENDANT on the same day accepted said bill
by writing thereon. The amount Of which
bill, and the Interest thereon, although the
bill! was afterwards presented TO defendant
and paymen; demanded. are yet due BY said
defendant to said plaintiff, and lie asks iudp.
ment against defendant for the same.
"Plaintiir also states that on the first day
of January, lSi1, he was the owner Of the
northeast quarter Of section II, township
I'D north, range IL west, in Cole county. and
defendant, without leave or authority from
plaintiff, then went on said land and there
cut timber 10 the value of one hundred dol
lars. and carried the same away. Plaintiff
asks Judgment against defendant forall said
damages done by defendant on said land.
"Plaintilr also states that on said FIRST Jan
uary, lSiG, defendant made n title bond to
plaintiff, and therein bound himself 10 con-
vey TO plaintiff good title in fee simple TO
the northwest quarter Of section IL. in
township 10 north, in range II west. in Cole
county, OH the payment by plaintiff TO de-
icndant Of $3.50, which plaintiff. about one
month thereafter, paid 10 said defendant.
yet defendant has not conveyed the said land
10 plaintiff. Plaintiff asks that defendant
may be compelled TO convey said land agree
ably 10 said title bond, or that the court will
do il for him. Said bond. bill of exchange,
and title bond, are annexed TO this petition
JonS JONES.
"IIere is stated every matter aud thing
necessary TO be proved to enable the plain
Tito recover. Undoubtedly anything which
is not. under any circumstances, material to
he proved, is unnecessary 10 be stated or al
lodged. That which absolutely required
three separate declarations ut law and bin
IN equity, according 10 our present method
OF bringing suits. is here embraced in one
suit, and the petition does not cover one page
OF writing. Here are the costs and eXpen-
SEES oi three suits saved, aud in case they
should be taken 10 the Supreme Court. the
costs of three long copies Of records and the
other expenses saved also. But even these
are the smallest advantages; for in such ca
ses ordinarily, questions would arise wheih-
er the proper actions were brought, aud
whether the remedies were al ia,r or in eqm-