Weekly North Carolina standard. [volume] (Raleigh, N.C.) 1850-1858, 1857-01-21
N0RTH-CAR0IINA WEDNESDAY. JANUARY 81, 1857
For the Standard.
~ For the Standard.
THE PRACTICE IN THE COURTS OF NORTH
CAROLINA

MEssRs. EDIToRs: While our representatives are
busy engaged in schemes of State or individual
policy-now and then advcrting to the law of the
land for the purpose Of making innovations and
sometimes improvements in t-aliow an humble cit
izen, through your columns to bring TO your atten-
ton one of the crying evils connected with the ad-
ministration Of justice in the State None
deny that our laws-whch consist of the common
Law modified and enlarged to suit our institu-
tons and the progress of the age by wisdom, expe-
rience and justce-are nearly perfect as the
nature Of thingswil admit Yet in spite of this pal
pable ruth those concerned in the administration of
ustice throughout the State ale from week to wedk
disheartened and perplexed by the announcement Of
repeal and innovation i'm laws to which they can find
objection, unless It be that q law cannot bend to
suit every individual case. The consequence is that
the pursuit Of justice is embarrassed and impcded
and courts are reproached with ignorance Of laws
when, perhaps the first notice they have of their
istence is their repeal.
tice Of the courts the cause of this uneasness un
der existing laws is at obvious. The fault is
not in the law in the ability fidelity Of those
whose duty it is to administer the law but it is clear
ly and almost solely in the practice in the courts
Our Legislature has not in deed been entirely re-
gardess Of its duty to prescribe rules of practice for
the courts. few rules, almost indispensable 20
proceedings i'm a court ofjustcc have been enacted;
but they have been spread on our stntutebook only
TO be dsregarded by the courts. Certain forms of
by the example of the common law courts Of Eng
laad of the federal courts, those Of our sister
States, and not even supported on the ground Of
convenience or cxpcdiency-theSe have been allow
ed to take the place Of the meagre rules prescribed
by the Legislature: because, no doubt, the latter
are so insufficient and Incomplete. Hence arises
that deplora,le truth--,hat North Carolina with all
her proverbiai honesty and integrity, with all the
talents that adorn her bar, with all those lights that
shed learning and lusre on her bench. has the most
confused the most irregular, the most unmethod-
| cal common law courts in ChriStendom. Take an
example: The defendant is notified by the capiss
that he must answer the plaintiff Of plea Of debt !;
he appears at the proper time, and probably with
out knowing the exact nature of the claim he is to
answer Qor strangc to say, the court does not re-
quirc declaration to be fed,) his attorney enters
halfa dozen pleas Qhey not filed. they should
| be); the plaintiff not knowing what plea his op-
| poncnt WILL rest the case. summons al his friends
that know any thing about the matter, land the
defendant doth the like" At the trial term all the
evidence connected with any phase of the case is
! brought forward without any issue in particular,
the case is submitted to jury, who decide upon all
Its merits whether questions Of fact, law equity,
| and their rerdict constitutes the judgment ef the
court. An appeal is carried up to the SuDre.re
! ai.,ie record. What record is thercs The names
OF the parties and the action with few other for.
NAL entries. There being no regular question oi
law arising from the record, the counsel frame one
"heh oeu CohstS oi mllltlpliclty oil issues, both
| OF law and fact and the decision of the Suprems
Court is called for
Such facts as these call for reform. We must have
better, more scientific and methodical cod
of practice. Let the Supreme Court, or the Judgc
of the Superior Court, a select committee, be au
thorizcd by the Legislature to draw up a code q
practice; let it be made specially Oh ira ory tn
courts to see it carried into effect. Then, and no
till then, will commence in the science o
Jurisprudence in North Carolina. Then will suite.
no longer give up their rights for fear of the delay
! expense aud uncertainty of the law; and then tn
lawyer will no longer have studied in vain the pa
ges Of Chitty, Stephen and Tidd
This work will not be difficult All are ready t
confess its absolute necessity and great importance
There are no long established rules to be set aside
it will bc necessary TO establish order and metho
where confusion and disorder have long prevailed
Individuals have attempted sngle-handed to reiorr
the evils alluded to- and onc* has laid the State an
especially the bar, under lasting obligations for hi
lisinterested labor in this behalf; but Legislative
sanction is needed 10 give suthoriry to the laudabl
efforts Of individuals, and it will be Ion
ger withheld. II.
*Mr. Attorney General Eaton.