The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-05-11

| The Code and the Courts.
In resuming our observations on this subject, we
may remark, that to a layman, who attends the
courts, either a spectator, reporter, juror,
OF witness, marked difference is perceptble be-
tween the Of things under the code, and that
which existed before, except that the pleadngs
such we have stated in previous article, and
are under oath the issues instead of being few
| sometimes many the precise points TO be deter
mined are not ascertained by glance at the
| pesdings, but by minute analysis of them; and
when palpable errors variances in them dis
| covered, frequent discussions arise to whether
amendments should be permitted, if so, upon what
terms, and thus the case is often extended to a
| period much greater than that which would have
been necessary if more strictness in form were
quired. Ii is often the case too, the pleadings
under oath, that they read to the jury, and
much commented upon, not merely as pleadings,
but the stories Of the respective parties. In this
exercise, the lawyers display all the invention,
humbue, logic, and sophstry suitable to the proies-
sional discussion of evidence.
There is one more prominent alteration visible in
the trials, and in this respect much time would
seem TO be saved, though such is not actually the
case. The code has abolished objections to a wit
ness, on the ground Of interest in the event of the
suit; but this provision does not extend party to
the record, nor TO one for whose " immediate"
benefit the suit is prosecuted defended, nor to
the assignor of ralI Of action. who has assigned
demand for the purpose Of becoming witness.
Under the former law, any pecuniary interest in
the event Of action, disqualified a witness.
When one who would have been incompetent liz
now called to the stand, in most cases, nothing is
at that time said about his interest but the counsel
take care in summing up, TO consider the testimony
of the witness, in reference the question of com
potency under the old system, and credbility under
any system. The gentlemen of the long robe"
as they are called, though they wear no robes at
all. are great advocates for the liberty OF speech.
The provision about the assignor Of right Of
action, above mentioned, was intended to reach
this difficulty. AT law, before the CODE every action
required TO be- brought in the name of the party
having the legal" interest in the rgh, of acten,
and against the party or parties legally liable"
90 that the action on a bond, which had
been assigned, was in the name Of the original
obligee, aud not Of the assignee. In chancery, the
rule was exactly the reverse. The code requires
the suit TO be brought in the name of " the real
party in Interest," and all persons may or must be
made defendants, against whom any decree for
legal or equitable relief may be made in the case
The assignee, therefore, prosecu,es now, in his
own name, and may call the assiguor to swear the
demand through--uncss il can be shown that he
assigned il merely TO make himself witness
point difficult, II not impossible, TO establish Not
only are interested parties examined as Witnesses
but, contrary 10 the former rule, each party to the
record may call the other TO the stand. We have
seen this tried frequently, but never ia any casa
that the party called did not swear for himself I
leaving HE adversary, Of course, the qualification
II going out of court inform his friends thai he
foolshly relied On the conscience of his opponent
ard was defeated.
We have watched the operation Of this code. and
canno ~ receive that IL either disinshes or chem
ens litigation, or makes IL useful in the etIcc-
tuauon Of justice. On the contrary. we believe |
that litigation 10 increased by the facility Cor com
.ncing actions. The greatest ignorauus ef a |
lawyer has only to state a suitably 10 the q
common understanding" and when IL comes be- 4
fore the court, any holes in IL. which an expert adj
versary may discover, are. IL possible covered with
the judicial pete hwoTk called "amendmcnts" The
suite are not, that discover, brought TO n
conclusion 80 rapidly under the old system The
Il q Guilty of preparing long answers and replies Of
tself. creates delay: and when suits arc determined
W. are informed by am able End extensive prtcti- l
~ ner that the costs are, M the long run about
great under the old system. There IL this also
to hc said. that, " fore the code. counsel proper
tened the fec charged against his client the pro-
b,ble amount Of costs 20 be recovered; whereas, /
new. We believe that the practice Of lawyers IN /
gc,d standing j., to make their clients pay ncfeta-
81 ccu ut'l Il 90. 20 compensate them Tor ths addi-
tcual lslor which devovrs upon them IN drawing, |
~ every clse the special pleading. which was nm
Der the old system. required only in very few |
cvrcs.
Gu the whole. We crnnot perceive that the code |
has suiplitird or abridged plesdinrs trials or |
sTs,,hes The promised reformation. hy which OBJ |
u ini right ,o b. nade cheap and easy |
h, fndcd away. If indeed u ever appeared Our |
ccuts are occupied. aud will I've for ycars in deter
nitirr What the present code means. Questions
Of ascttc under Il occupy the judges IN Chambers
ard ~ ccial Term day SITTER day. and il rraneut-
" hsIfe's that judges If the supreme Cnnrt in |
dtef,rt counties. differ WILDLY IN their decisions
or ihe same TCint Amending, pitching. giving
cfvttts a. iripc feet pirndincs. and s;tofn, brl
r. hluTdeTirg nd stumbling lawyers. are sofpe "
ths rev ard very oncrcus du''es iIayo.ed on Che |
Judiciary.
Eor IN this he people pay. and what do ihcv get
H. ttfufn 7 Ncfhrg--ihli is. uoihinv new Thy |
p,v Fee. ard Wait and wait, ~ before They are |
lurd,rcd with lew changes ard The laws a-i,ys
be-, have teen ,Scc,ivcd ~ the promises Of hr.
ktrrf who have led them 10 believe that miracles
corld We scccnpli he'd " code
f,ne. mote wise ard fseat than those who |
r. ned the Code must come MON The steg- ~ NC
iion D, fcfc the =, piplcxiiics ~ s'w, and the RS
culIies hcrcni IN the at'engs enorcc u az inst
the rcf,sfse efforts If those who n,srt. can b. |
tvcTi way, 20 strong houSeuulh womb temDvc
tie web ofa spider