Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1853-02-03
code .. Civ,, rr.eeaare.

ished by this Code OF Procedure:
All ciyil actions, legal and equita-
bic, will be commenced in the same
way. Special proceedings will be
begun, as now, unless otherwise
provided.
A summons will take the place OF
the writ Of subpoena, which, as a
means to compel parties to suit to
appear in court, is abolished.
The forms Of pleading heretofore
existing, are abolished; and a uni
form mode Of pleading for all causes
of action, legal and equitable, is SUBJ
s:ituted,
This new mode Of pleading re-
quires, in every case alike, that the
facts constituting the cause OF action,
or the defence, should be stated in
plain, ordinary, and concise Lam
guage, and without repetition. In
regard to law pleading, il aims. on
the one hand, to do away with its
forms and fctions, and its rules. so
refined and subtle, so abstruse and
complicated; and on the other, TO do
away with the attempted remedy OF
common courts and general issues.
In regard to equity pleading, it
aims TO do away with its circum-
stantial detail and narrative style,
fol hidden by law pleading, and re-
suIting, mainly, from the fact that
this mode of pleading allows the
parties to mterrogate each other as
witnesses, to obtain a discovery. 1t
does away entirely with the bill Of
discovery as part OF pleading,
while, at the same time, il substitutes
surer method Of securing for the
parties the benefit OF each others
knowledge. 1t reduces the system
of pleading 10 one OF allegation
merely, anG requires that "the same
form of allegation shall be adopted
in cases which have heretofore been
distinguished as legal and equitable"
2
Heretofore, in equity cases, as
they sare called, the proof was pre-
sented in the form of depositions; in
cases at law, the witness appeared in
court and told, there, what he had
to say. Hereafter, the proof will be
presented in the same manner in both
classes of cases. The witness will
be present in court and testify orally,
and where his deposition may be
taken, il will be allowed without any
regard whatever 10 the nature OF the
case. axis
The modes Of trial in civil actions
will be about as they have been.
Every issue of law merely, will be
tried by the court. Every issue OF
fact in an action for the recovery OF
money only, or of specific real or
personal property, will be tried BY a
jury, unless such a trial be in some
way waived. 1t will be perceived,
this provision will carry before the
jury all those cases they now try
in courts of law; and in word, all
cases for the recovery Of money
only, or specific real or personal
property. The issues to be tried by
the jury will be greatly increased.
Every other issue OF fact will be
tried by the court. The court may,
as now, order the whole issue, or
any specific question OF fact, to be
tried by jury. II will be perceived.
this provision will try by the court
all issues Of TACT. where the action is
not for the recovery Of money only,
oro1a,,t or Of sRsGis' real or personal
Thesafpal determination OF the
rights of the parties in civil actions,
will be the judgment.
In ordinary cases, as collection
cases, the judgment will be as con-
else as now; probably IN about the
same form: in equitable cases, about
as the decree now in such cases.
The proceedings will be pliable
enough 10 conform The judgment in
all cases 10 therirequirements OF JUS
tice. The court will have discre>
ton 10 mould the judgment. as may
be necessary, and when the parties
are numerous, to render judgment
against one or more OF them. where
a several Judgment may be proper,
leaving the action to proceed against
the others. -fi -a-
AS Judgments will take about the
same forms as our present judgments
and DEGREES; so, too, they will be
executed in similar way, according
10 the nature OF the case and the
relief awarded. W 5
The present law upon the subject
oI the joinder of actions is altered.
Under this code the plaintiff will be
permitted to unite in the same suit,
several causes OF action, whethe they
be such as have been heretofore de-
nominated legal or equitable, or.boih,
This permission will. of course, ,sbe
accompanied with suitable rresiric-
tons. As it is now, so il win be
under this code. Only causes of
actioo nj a certain class and that