New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-03-03

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sisls,ure the results Of their labors Their Report
went into the Legislature yesterday. and will
doubtless be kvorAby received and promptly con-
.idered Ii should be understood, however, inst
this is report in par: only and that important pof
tons Of the great work assigned them remain TO De
executed We believe the subject OF Cnm'na'
Proceedings is no. embraced in this Report
We are not yet enabled to speak deoisivey o.
the nature Of the Reforms proposed bat. knowing
well the authors and approving heartily the gene
rel principles which they have made the basis Oh
their action We strongly incline to the belief thai
they have faithfully and admirably discharged the
yeighty task deyoved upon them and. that the
enactnen. Of their Code Of Procedure will great
" simplify and cheaper litigation expedite Jus
tice. and signally promote the public welfare. we
tru.t the Legislature will not tinker nor naive It
but enact the Code a. reported simply correcting
spv casual imperfection or oversight which may
have escaped the codiiers notice Do not let II be
said that the Practice Reform failed for want OF
fair trisl
The whole Code is Of course far TOO vouminous
for our columns not TO speak Of It as rather dry
reading but the following extract emboties ITS
essence. and affords good idea Of the remainder
OF THE PLEADING ~ CIVIL ACTIONS
CHAPrtE The COMPLAINT.
SIC 49, All the forms Of pleading heretofore etistnt
are abolished hereafter, he fckms Of pleading IN
civil acOs and the rules By which me saclenc5 q tns
blessings is to Be determined shall Pc those when are
rrescribsd by this act. ,...s
sfc 10 The fret pleading the rfrt Of the plaintiff
ia the complaint t-r.
l. The title OF the cause, specify ns the name Of nc
court IN which the action is me name q ns
The names Of the parties 70 the action pAntn ana GO
fsndsnt s,.- 49,, .. -
action in 0ro nary concise laf suags, without Iepe
ton, snd such amer 80 70 eHaDis pefsoD .. C0u
moo understanding 10 know what lsintende; ar
g. 4 demand Of the relief, 70 which the plslntn 'SP
rose. himself entitled II the recovery Of money be &C.
handed, the amount thereof shall be steieo
CHAPTER 1.-The DEMURRER ,
SEC III The only pleading on the part OF me oslehu
snt is either demurrer or sn answer IL must DC seIeu
within twenty days after service Of the copy Of NE eou
SCI 122 The defendant may to the complaint,
when IL AL appear upon The face thereof, either
That the court hss Jurisdiction OF the person OF the
defendant. or the subject Of the actions or
That the plaintiff has not legal capacity 10 sue OF
g. That there il another action pending between the
same parties for the same cause or
l. That there /, defect Of parties, Psina or defend
s. That several causes of action have been Improperly
g. That the complaint does state facts sufficient to
SIC i2S The ds,iucy specify the grounds
sEe iS9 Alter demurrer the plaintiff may ,mend, Of
course and without COSTS within twenty days Upon the
decision Of the demurrer the court may justice require
allow the plaintiff to amend or the defendant TO With
draw bis demurrer and TO answer.
SIC l25 IL the complaint he amended, copy thereof
must be served the defendant, who must answer u
hin twenty days the plaintiff upon Ming with the
,lek an affidavit Of the service and Of The defendants
omission may proceed 20 obtain judgment, as provided by
lection 2j2, but where an application 70 the court for
I'D gment s necessary eight days notice thereof must be
,iven to the defendant.
SEC. l26 When any Of the matters enumerated in sec
Jon " do not appear upon the face Of the complaint te
objection msy be taken by answer.
SIC ~ If no such objection be taken either bydemur-
the defendant shall be deemed to have wey-
d the same ptng only the objection to the junsdic
Of the court the subject OF the action ana the
U constitute cause Of action.
CHAPTER III-THE ANSWER.
sfc 1873 The answer Of the defendant shall contain
l. In respect to each allegation OF the complaint coniro
erted by the defendant specific denial thereof Of any
now ledge thereof sufficient TO form belief
2 A statement Of any new matter constituting de-
IN ordinary and concise language without Iepei-
ion. and in such manner az to enable person Of com
lon understanding 10 know what is intended.
Sic l29 The defendant may set toth In hs sns"eI IS
iany GROUNDS Of defence he shall have They shall be
sPsstey stated and may refer to the causes q aeu9n
inch they are INTENDED 70 answer IN any manner oJ
hitch they may be intelligbly distinguished.
SEC $50 If the answer set up new matter which Il not
piled to as povided in the next section, and the action
tined on complaint and answer alone, ard judgment be
thereon for the plaintiff the court may permit the
sendant to withdraw or amend the answer upon such
rms as shall be just
CHAPTER Iv-IHE REPLY
SEC 1871. When the shall contain new mater, /
e plaintiff may within twenty 0sys reply TO II, denying
articuarly each allegation cOntroveIted By him or any
nowsdge thereof sufficient to form belief; and hs may
lege in ordinary and concise augusgs without Tepeu
on and 10 such manner as 10 enable person OF com
ION undertaking 70 know what is intended, any new
sitter not nss.ent with the complaint 10 avoidance
the
CHAPTER v-GEsEsAL RULES OF rLEADiSG
SEC 1872 No other pleading shall be allowed than the
I'm plent, demurrer, answer and reply
SEC. lS5 Every pleading must be subscribed by the /
srty or his attorney and The and reply
us be verified by the party his sgent or attorney to
e e,c! that he believes II to be true But the veIhca
on may be omitted when The party would be privileged
ON tcstifyiug tness 20 the same matter And no
eading verified herein required shall be used N
mins prosecution against the party a. proof Of fact
limited OF alleged 10 such pleading.
The latter half Of Sec 1873 is too awyerlsh for our
,ste we would prefer that no pleading should be !
aid which was not sworn to by the party as true |
the best of his knowledge However We shall /
e very glad to announce the enactment OF this /
ode