Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1853-11-23
THE BILL TO SIMPLIFY THE PRACTICE, PLEAD
INGs AND PROCEEDINGS IN THE COURTS OF
TTTSTTCE

nant debt trespass, &c IL also aooilShes the pro-
ceeding by bill and answer in the Chancery Courts
and substitutes proceeding by petition and answer
for all cases now enforced by bill or by action
There being but one mode of proceeding for the
enforcement Of either legal or equitable rights no
difficulty can arise from question OF Jurisdictlon'
All the expense, delay and loss orghts arising rom
this source, viii be removed
This is the first step in the process of aInalgama-
ton.
.Tbe bill adopts substantially the rules in the
Cbancery Court as to parties. 1t requires the suit
TO be brought in the name Of the real party in
interest except in cases executors administrators
and trustees 1t authorizes the bringing in of all
persons interested in the matter in controversy,
either as plaintiffs or defendants, and authorizes
parties to be brought in by publication in those which
are now caIedaw cases well as 10 chancery cases.
This will make the law uniform and harmonious in
the matter of parties, and save much expense and
delay in the determination Of controversies arising
from the restricted power of common law courts as
to parties. Ea.
1t aboishes the distinction between local and
transitory actions and establishes uniform rule as
to the counties in which suits are to be brought
This will remove some obstructions in the path of
Justice.
The bill abolshes the present forms of pleadings,
and declares that there shall be no pleadings but
petition and demurrer to raise question of law,
and no peadings but petition and answer to raise
question of fact, except there be set-of brought
forward in the answer, in which case the plaintiff
may reply. The bill requires the pleadings to be
concise, in plain language and free from all techn-
calities so that juror witness party, may I'M
derstaud them. They must merely contain cause
or causes Of action, defense or defenses,
not in prescribed technical form as now at law
nor shall they contain history Of the transaction
with large amount of extra and redundant matter
as usual in chancery. The parties being subject to
be examined, detail need be set forth in the bill
with view to require answer in detail. The
petition and answer and reply must be sworn to-
This of itself would require entire abolition Of
common law pleadings. no honest man could
swear to many Of the declarations, filed as they
are with false and exaggerated statements.
The bill authorises the joinder of as many causes
of action as the plaintiff chooses without regard to
the nature of such Of action If either party
desires to try them separately, on application the
Judge may so order if he thinks it essential to
justice, but all matters in dispute must be finally
adjusted in one suit This is one of the most
valuable provisions in the whole BILL and viii cut
off much cost and delay and greatly facilitate the
settlement OF controversies and settle them more
according to justice thar by the present law They
may join causes which now require suit in chan
Gerry with those which require one or two suits at
law by different forms of action
The bill allows amendments of the peadings to |
be made at any time. The pleadings may be con-
formed to the facts proved without delay provided
the opposing party be not actually misled by the
pleadngs they Stood and provided the alteration
in the facts stated in the pleadings so changed do
not create necessity for other testimony. This |
necessity, however must be proved by affidavit or |
otherwise, not presumed The bill contains various
other provisions, which will in several forms of ac-
ton reduce the pleadings to few lines instead of
few sheets
The bill provides that matters stated in the petit
ton and not controverted on knowledge or belief
shall be admitted, and no proof thereof shall be
This viii remove the necessity Of much
proof highly expensive and often ruinous to the
loosing party.
The bill authorizes the issuance Of injunctions
and other chancery process under the proceeding by
petition, specifies the cases in which temporary in
functions may be granted requires notice to the ad
verse party, in certain cases. of application for in
iuction and substitutes on order of the Judge for
writ of injunction.
1t contains provisions in lieu of the action Of
repevin 1t authorizes the Judge or clerk on the
performance of certain requisites to order the sher
if to seize personal property, and to order the
to deliver it. and this order may be en-
drced as inunctions are now enforced. Thus cstab-
ishing uniformity in this particular
The bill leaves those questions which are to be
red by the jury, and those which are to be tried
~ the court as near to the present state of things
practicable and authorizes accounts to be taken.
Thebill requires the practice of oral examination
n open court according to present circuit court
practice subject to certain limitations to the dis
ance witnesses may be required to attend accord
nc to Federal Court practice.
TIE bill authorizes the parties to take each others
epostions in cases in which the circuit court have
ow jurisdiction, as well as those now triable in
hancerv; and authorizes the parties to examine @
ach other in all cases instead Of class of cases
nus making the law uniform and harmonious I
1t aurhorises the examination Of persons inter P
sted in the event of the case and persons now in
Ompetent by reason of conviction for crime. a
his is what is called Chief Justice DNNHAM's act a
was passed in England in lS43, and has since 81
cen adopted in some four or five States These Z
Elections strike at the credit due to such witnessed 81
OF at their competency. These most important ty
nd valuable provisions 20 upon the idea that truth q
impossible to be obtained in multitude of cases 81
ithout the examination Of parties and persons in al
rested; that truth and light will be elected ia
almost all cases than fasehood that courts and NJ
ries competent TO give due weight to parties pt
I'd persons interested when they are examined &C
fore them and are thoroughly sifted. The testi- NJ
ony of persons interested and parties may be re tn
tted by the party introducing them, and they are II
titled to artificial weight Ifaparty called up SIT
,ears to alsehood it can be dsproved by the
rty calling for the examination. de
The bill authorizes trial by referees in cases of Of
count under the order of the court discreet men
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