The Minnesotian. [volume] (St. Paul, Minn. Territory) 1851-1852, 1851-12-27

ton Of section 2 p;ee :52. r. S. is not
n' cessari'y excluded ly it. And that sec.
ton must be construed in connection with
section 20, p9ge 1913, and so as not 10
prevent the operation ard eject Of Ire
latter. tut that beth may stand. When a
plain if wishes to take the judgment of
tie Court, upon one OF several de!enccs
sci up by tie same answer, NE court IN
his motion. il necessary. mit hit posi- ore
the trial o. The issues OF fact Joined in tie
ion, until it could Try and determine
tie issue of law illus presented 10 it, en-
tie Ct mpl"int and that Part Of the an
swer Ivy which he defence is set up, al
| qe 10 be insufficient and this would prob
ably lie tie usu | course unless the mar
Ties should consent 10 different GRANGE
mrn'. or order of trial. Gou'd's Pl. 472.
See. 80. To enablc the Court TO separ-
ate Tie trial of issues of fact and of law.
is doubtless principal reason. WHY de-
fences ere required TO be separately sta
ted. R. s. 1913, Sec. 60.
Again, where a defence is made. and
he fHctS are found for The defendant on
The trial. the cour; my reserve the c<sc
or argument. on the ground that iudg-
IN M ought not TO be given in conformity
TO the vcr 'ict o. the Jury. RS. eco,
Sec. 81 68. AMI upon the argument.
he >nflicl' my o. Ike t;c's set UP 10 con-
s'i'me defence. may lie discussed and
mined. This it ;no'Eer MODE oftest-
ing the sufliciencv of an answer. ;nalo.
solS TO a motion for Judgment non obstante
reredicfo. under the former practice. In
determining the >uflicicncy of the answer
after verdict however, regard would be
bad 10 sections sc. 81, and So, page $40,
X ;. and sufficient dc cncc was made
III in proo'. that mi h, in some eases help
on the Deficiencies of the pleading.
Sec'ion 16. p ge 800, r. s. authorizing
irrelevant or redundant matter TO be strick-
en- on Oh motion, was not intended to pro.
vile Il substitute for general dcmurrers.
Tic later part Of the section, which
cn c'> - that when be allegations of a
pleading re so ird finite tr uncertain.
hat TIE precise nature o.: the charge or
'efencc i not apparent, the court my
require the p!ealings TO be made definite
# certain b" amen lmen'>," does inleed
substitute motions in piece of special
1cm'lrrcrS FOR uncertainty, but no,hirg
more. An in some c9s,'s, matter rcd,n
nj or irre'cv n. may be d,murr;bIe al
So. and Il party perhaps. have an election
OF DIFF rcn' no.ies Of obccting to it.
The mn'ion to strike out the Whole of
he answers being denied. the plaintiff
moves that ctrfain specified paris my be
stricken ont IS redundant or irrelevant.
sec no objection to the motion being
nus male IN the alternative in accordance
w h l'l> notices. 1Ioward's Pr. Rep. l23.
AM e. ceiling he matter lie seeks 70
We cxl u1ge'', 10 hc OF the character re
Il! eyes. | think he is "a y r'v apgrieyed',
within he me n;n~ Of Sec. rs. ore 800
X. :. . How .ri's Pr. Rep. 20 and 40.
The abolition o. The forms Of pleading
IN "ctions al law, AMI cnac mcn,, tina, Il e
.nrm> o. rira'linp> in civil ,crinn. and .he
rules hy which rhcir >uflicicncv is TO be
determined. shall lie rceu' a,ed bv stature:
;. 1886. sec. 81; while at tie same
iim". stat, ment % Il c f;.c's constituting
C n>c o ;c.ion. Or Of any now matter
n''I n'lrg defence or counter claim is
requ re !. in ordinary AMI c.rci. e l;nc,r oe.
WILTON repetition. and il such manncras
20 'mib'c person OF ,nmon understand
,ng TO know what is intended: Sec. 60,
90. ~. p ges :'36,-7.-S.-R. s; and tie
p'tad'ne> are dt fined TO be the formal al
eg II Ms by the par;ics. Of their rcsrec-
I'VE Gains an defencrs. (rot the evil
deuce 'ftm.) for he in ement of the
conr' Sec. 90. p; gc $50: and causes of
actIono the s;mc c; s. OF V; can be ioincG,
and are required 20 he separately Stated:
r. S. 1910, Sec, SO; and an issue is
de cribei as arising upon The peadings,
when z; ct or conc u>ion of law is MAIN
'"lnt ~ the one party and controverted
y The other; Sec. ]. page 1852; and pro-
VISION Is made for the trial of issues Of
Law iy Tie curt d o. fact hv Jury
er. 30. Id p &c; for general ver,lcr,;
zee: "a, &c 336; AMI Tor the admission
OF tie parties a. witnesses OF the trial.
zee. D p ge 41S; do not ;broga,e the
gencrh principles Of pleading rec. gnizcd
and DIPPED by the common law. but on'v
such o them us relate TO forms and tech
hici iiic>. or are inconsis ent with the
ri es prescribed 10y statute. Those prin-
cip'c>. are in The main, SYNONYMOUS with
The rules Of sound Logic and founded in
Common sense; AMI are the only ones, nv
which issues Of fact cln be separated
from issues OF law. AMI so framed as to be
'r'"bc by jury. lndcel, TO denv the
appic: billy Of common law principles TO
eadines in civil actions, would be 10
make a long stride towards the abolition
OF trial by jury. and the substitution Of
civil law AMI chanccry modes of trial in
such action, in dcrcea ion of tie rights
81 the ciiizcn-an innovation which oueht
NOT to be encouraged. 4 Towards Pr.
Rep. 32l. And the appropriate iule-
m2nt o. ten times, could nm lie rendered