The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-18

Tn NV Cons AND rx1 Fonan % PIxAbus.-
y eur paper. on Monday, we publisAed an able
opinion, delivered BY Judge Edmonds in the ease
)ollner " Gibson, upon the scope and effect Of the
lrtcle which declares that all forms of pleading
heretofore existing inoonsistent with the provisions
Of this article, are abolished" The CONCLUSION OF
the court, in the case referred to, was, that the |
forms Of pleading at common law are as applicable |
and appropriate to the pursuit of legal remedies,
under The Code as they were before its enactment;
and that the whole effect of the change introduced
by the Code, in cases of rights dependent upon legal
rules, was to abolish those fctions in pleading
where the case stated did not accord with the real
facts.
On reference to the first report of the Commits
sioners, it will be perceived that the opinion OF
Judge Edmonds is in conformity with the views
presented by them to the Legislature. At page IS,
they remark;-"The distinguishing feature nowex-
isuns between pleadings At law and in equity is,
that in the former the professed Objects by concise
and formal statements of conclusions Of fact, to
bring the cause distinct issue, either of fact or
of law while in the latter, the facts of the case
may be stated without technically, and with a
minuteness of circumstantial detail tending to
tablish the proposed conclusion Of fact" They
proposed to change the rules Of equity pleading-to
substitute for its details of evidence an allegation of
the conclusion which the pleader supposed his evil
dence would establish, and to abolish discovery,
for the attainment Of which chancery peadings had
become thus stuffed with details.
Again, al pages l3S and l39, the Commissioners
commend the simplicity and breviy of the earlier
pleadings in the courts of common law; but they
object to the different forms of legal actions, and
the narrow rules of construction of the peadings
adopted by the courts. They abolished the distinc-
toms in forms of action--the tictions in pleading
upon which particular forms OF remedy depenfed,
of course fell with them--and they provided more
liberal rules of construction of pleadings, to avoid
the necessity of the numerous repetitions which
produced mass of verbiage through which no one
but an experienced pleader could carry the prin-
cipal thought. The intention was to assmate the
forms of pleading in suits which were dependent
upon equitable principles, to those originally used
in asserting legal rights.
The legal profession seem to have wholly mis-
apprehended the nature and object of this change
Instead of continuing the use of legal forms in
cases depending upon the application of legal prin-
ciples, they have framed their complaints IN the
manner of pleading in equity, where a discovery
was sought. The consequence has been that the
court, counsel, and jury have been involved,
in numerous cases, in a mass of issues upon
the evidence, SO numerous, so immaterial and fri
volous, that they have been compelled to throw
aside the pleadings, and try the causes upon the
oral allegations of the counsel. We are gratified
10 perceive that this is about be corrected,
and that the courts intend to impose costs those
who remain longer ignorant OF those principles.
Another error, perhaps not less general, but not
hitherto so burdensome and vexateus, is made In
respect the effect of the Code in abslishing the
distinction between legal and equitable remedies.
On this subject we give an opinion delivered by
Judge Sanford, of the Superior Court in paper
to-day, which will be found TO be both able and
instructive.
The GREAT INDUSTRIAL EXHIBITION, on WORLDS
FAIR.-W- publish, in another column, a variety
Of interesting information concerning the great in
dustrial exhibition, worlds fair of 1851. We
would particularly direct the attention of such of
readers intend to exhibit specimens of their
ingenuity and industry, to the form of the bill of
lading prescribed for foreign goods. The Crystal
Palace, it is termed, will be very soon completed,
and the business of arranging the goods will be
commenced Immediately after il is finished. They
will also bear in mind that the st. Lawrence is the
vessel appropriated by government for the free
transportation of American goods to the exhibition
and that exhibitors must make haste and deposit
their articles for exhibition in the Navy Yard at
Brooklyn, as early as possible.
COMPLIMENTARY DINNER TO Elk. GOVERNOR YOUNG
The friends and admirers of ex Governor Young
Will give that gentleman complimentary dinner,
al the Irving House, this evening. As II will be
an occasion OF more than ordinary interest, we
shall give full report Of the proceedings.
News PROM CALIFORNIA The steamship Chero-
kee will be due on Monday from Chagres, with
two weeks later news from California
IsrrLLIGrNcr FROM BUEsos AYREs-The bark Marion
Capt Lowery, arrived yesterday morning with dates
from Buenos Ayres to the lst ut at which time the
port of Montevideo remained strictly bookaded BY the
French feet, General uribe stll refusing to yield
The previous reports Of the probability Of war be-
tween Buenos Ayres and Brasil are confirmed by this
arrival.
City Intelligence.
The TWENTY. FikST STREET cAIAxfTY-oTHgR
BUILDINGS FALLEN AND ToTTERINo TO THEIR
FALL-IsvEsuGATfos BEFORE CORONER oEER.
About 10 O'Clock yesterday, Coroner Geer empau-
neied jury for the purpose invsiga the cause
ofths tsrrbls calamity and death ofx persons By The
falling of siI houses In Twenty ars street. on Wed.
nsscay last. The jury thus swo-n we're conveyed In
two omnibu,es accom- panied by the coroner TO view
the ruins; and any further investigation was then
postpored until ten o'clock this saturday morning
vhsH lac testimony will be taken.
NAMES JuKoRs sNrAsSrLLKp.
WIN Hayemeyer Fourteenth street near X Ighth
avenue.
henry Ellsworth
} A.. Chapman No 337 Hudson street
EHra smith. NO. III Thompson street
John I. Allen, No l1s Fourth street
Jsmee stiles, No. l55 sixth avenue