The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1855-12-07

To Re-organize the Judicial system Of Tennes
see and 10 Reform the Code Of Practice.

Sembly IF tie State Of Tennessee, mat OoH''
of Common Law aud Equity, Pc. sessins gen
eral jurisdiction, is hereby established, 10 be
held in each county Of the State; which Coiit
shall have and exercise jurisdiction oil all
causes a. common law and equity, co extern
siye with the Jurisdiction Of the circuit, Grim
inal aud chanc,ry courts oi the state.
SEC :. Be IL enacted That the distinction
between the different actions at law, and be-
tween actions at law and suits in equity and
the form of all such actions and suits hereto
fore existing. are abolished; and there shall
be in this State, hereafter, but one form of
action for the enforcement or protection Of
private rights, and the redress or prevention
Of private wrongs; which shall be denomi-
mated a civil action, in which the party suing
shall be denOminated the plaintiff, and the
adverse party shall be known as the defend
ant.
SEC 5. BE Il enacted, That every person
commencing a ciUH action, shall file in the
Office Of the clerk Of said court, in the proper
county a petition in lieu of a declaration or
bill, as Is now the practice, which shall CON
tam the names Of the plaintiff or plaintiffs
as well as the names of the defendants, aud
the counties in which they reside. Also, Il
statement of facts constituting the cause or
causes Of action, in concise and explicit Ian
guage together with a prayer for the relel
asked for.
SEC 4. BE it enacted That when such pe:i
ton is filed and security given as now required
10y law, it shall be the duty of the clerk Of
said court to issue subpoena for the persons
named III said petition, together with copy
of said petition, directed to the sheriff of the
proper county, requiring him to summons
said defendant or defendants to appear and
answer the petition on the return day Of the
summons; which shall be the first day Of the
next succeeding term of the court; proUided
said subpoena is executed five days before the
commencement of the court; and in case it is
not so executed on all the defendants, then
the first day Of the next succeeding term
shall be the return day, as to such defendants
as the summons may not be legally served ON;
and, pyocided, further that not more than one
copy of said petition shall he issued to any
one county in which a defendant or defend
ants may reside
SEC B. BE IL caactcd That when any defend
ant or defendants are non-resideuts OF Ten
nessee and that fact appears in the petition,
1t shall be the duty of the clerk Of the court
to make publication as is now provided for
by law. for four successive weeks prior to the
sitting of the court; and upon application of
n plaintiff the clerk shall be required to issue
subpoena and copy of petition for such non
resident defendant or defendants, to any
IV""tg ~ lIlls DtuJci III winch he OF llltN may
be temporarily found and if such process is
executed it shall be as binding as if they
were resident defendants.
SEQ 6. BE IL enacted, That it shall be the
duty OF the defendant who has thus been
summoned or notified, TO appear within the
first three days of the term, and file his de
murrer or answer to said petition; proUided,
the court shall so long continue, if not, then
before the adjournment of the court; proUided,
however for good cause shown, upon ailida-
Wit, the court may extend the time Of filing
the demurrer or answer.
SEC. T. BE ii enacted That the same causes
of demurrer may be assigned, rs are now al
lowed by law; except such as are herein
abolished; aud in all cases the demurrer shall
distinctly specify the grounds of objection to
the petition. Upon the decision of the dc
murrer the plaintiff may amend, upon such
terms as to costs MS the court may adiudge
or the defendant may withdraw his demurrer
and answer. The amendment and answer
shall be filed within such time ms the court
may prescribe In all cases when the demur-
rer Is oVerruled, the defendant shall be per
mitted to file his answer
SEQ. S. BE IL enacted That the answer Of
the defendant shall be III lieu of pleas TO the
declaration; and if there exist causes Of de
murrer, that do not appear upon the face Of
the petition, and to which plea in abate.
ment would be the proper defence, the same
may be set forth and relied on ia the answer.
The answer shall contain an admission or u
specific denial of all allegations of the petit
ton controverted by the defendant, and a
statement of any new matter constituting a
defence TO the relief sought by the plaintiff
The statements in the answer shall be con
fined strictly TO Il response TO the allegations
IN the petition, and to new matter in defence;
and il it goes beyond this, the illegal matter
may be stricken out upon motion, or upon eX
ceptions filed. The petition and answer shall
he verified by the affidavit of the parties,
their agents or attorneys
SEQ .. Be IL enacted, That the petition, de
murrer and answer shall constitute all the
peadings in a civil action; and all the relief
granted and defences made, hereafter, in the |
circuit or chancery courts, shall be fully EN-
braced and enforced by them except a reply |
by the plaintiff, in cases. of offset, us herein
after provided.
SIC. 10. BE IL enacted, That the court may
at any time, in furtherance of justice, and |
upon such terms as may be proper, amend
any plcadings or proceeding i'll a cause; and |
may, in every stage of the qction before final
judgment or decree, disregard any error or
defect in the pleadings which shall not ma
tcrally affect the rights of the adverse party; |
and upon appeals to the supreme court, no
judgment or decree shall be reversed for mere
iniornalty; but the same may be corrected
or made valid.
SEC. IL. BE IL enacted That all matters Of
a like character may be included in the petit
ton, and constitute one ground of action; and
all defences OF like character may he made
to any petition; and when the plaintiff shall
set forth in his petition different grounds of
complaint which are not of Il like character,
or improper deiences are made by the dc.
PENDANTS, the court may, upon motion, demur
rcr or exception to the answer strike them
out; and when there are different causes of
action of a like character, of complicated
nature, the court may, at its discretion, upon
motion, separate them, and submit them to
the jury rs different actions. And in all
cases when there are several complex issues
OF facts to be tried by jury, it shall be, at
the discretion of the court, to compel the
parties to submit them as separate issues.
SEC. ~. BE az enacted That all issues of
fact shall be submitted to jury; except the
parties waive such right then the case shah
be submitted to the court who shall try and
determine all questions of law and fact arising
IN the cause; and in all cases involving mix
ed questions of law and fact, the questions of
law shall be heard and determined by the
court. In all cases involving an account, or
where an order of reference is necessary, ac-
cording TO the practice of the chancery court,
the court may make an order of reference to
the clerk, or may, at its discretion, appoint
special commissioner to examine the matters
rpfprrgl mud rapori who shall ha nur,l tl,o