Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-10-28
At a meeting Of the bar held on

'"'"'""y '"''' "'s""'"'Itce was appOif-
ted TO prepare plan for a new Cour,
u be organized in Scott county Tina,
there is . necessity for another Court
seems 70 he universally admitted, and
we presume there will be but little diff
ference Of opinion rs to the jurisdiction
which the new tribunal ought TO pos
sess. There is, VIC are informed, an
opinion among some members Of the
liar that the wants Of the County re-
quirc q criminal Court but many,
whose opinions arc entitled to the high
est respect deem the establishment Of
court Of civil jurisdiction much more
advisable. When MI are agreed as 70
the necessity Of new tribunal, il is
easy 70 perfect the details Of its organ
ization. II seems TO us that il might
Possesa, with advantage, jurisdiction in
both civil and criminal cases. We ap-
prehend, however, that any Court
which may be established will not ful-
I'll public expectation SO long a. the
present code is PERMITTED TO curse the
State. That manufacture must be al
tered in ten Thousand particulars, and
in the proportion that lawyer
lAbors for its improvement will he
discharge that duty which Coke de
clares every man owes to his profession.
The great work Of reformation should
he inaugurated by graduating that
remnant Of barbarism which colnpcIs
the joindcr Of issue in Court, and the
placing Of every action on the docket,
a non.cOntestcd case has no business
on the calendar the calender being
properly list Of litigatcd cases, !, {.
cascs in which an answer or demurrer
has been interposcd to the petition
Our lawyers are well aware Of the fact
that a very large proportion of the ca
scs which encnmberthe docket, occupy
the time Of the Court, entail vast OK.
pensc on the County, and on snitors,
are causes in which the defendant has
no defence whatever. Ifany plan can
prevent the accumulation Of such ac-
lions on the calendar, it is evident that
the Courts would proceed much more
rapidly and at far less expense. Now,
there is no doubt bnt that there is a
way Of removing the difficulty We al
lude to, altogether. 1t is az follows
Let all issues be joined out of Court.
without any reference 10 term time
this may 10 done by allowing notices
- hc served at any time, requiring the
service OF an answer on the plaintiff
within twenty days after the service of
the notice, il no answer DO So served
let the plaintiff take either one Of the
following courses. II the action be for
money demand or contract in which
the damages are liIuidatcd, let linn 90
before the clerk with his witnesses, and
prove his claim, the clerk being EN-
powered in such cases, to render lude-
ment for the amount proven. II, on the
other hand, the action bc one which
does not arise on contract, rs an action
for assault, libel or other tort, let the
plaintiff apply to the County Judge for
judgment for the amount of damages
to be assessed by Shcriii's jury. lie
will then obtain his rights without de-
lay, vt little cost TO himself or the
county. 1t will he borne in mind that
we have just been speaking Of cases IN
which no answer or demurrer has been
interposed. II may he said that all
that II necessary 10 do IN order 10 rc-
tar'l this speedy justice is to put in
plea, against sham and unfoundc,l pleas,
strong measures should bc taken. Let
the nonsensical sec. l145 Of the Code
be repealed, but compel the defendant
to answer, under oath, if At all, when !
ever the plaintiff has sworn to his pc
tition. That is ono efficient safeguard,
and another may he found in heavy
muIct on any party presumiug to inter
pose sham, a frivolous answer or de-
mnrrcr. The Court should also have
power to strike ont pleading, when
shown 70 be sham or frivolous by aiiida-
VT. The certainty Of costs TO the
amount Of fifteen to forty dollars fol-
lowing sham plea would soon render
them too expensive luxury to be in
obliged in. The foregoing brief and
imperfect sketch Of our views contains
acertain remedy for the overburdencd
docket. We claim no originality for
any Of the opinions We have expressed,
Tor the experience some of the Eastern
stafAs has demonstrated the wisdom O,
tho changes we recommend. With the
docket reduced ono half and a prompt
and decided checking Of the prolixity
and yerbosity Of the lawye., We be-
lievc that the District Court would do
more business. and. that in more sat
'sfactory manner than it has ever suc-
ceedcd in doing heretofore. The chan
gss in the practice cannot be made for
so'ne mouths 10 come, but il Is high
time that the lawyers were prevented
from occupying hours and hours in the
discnsa;on- Of points about. which all
the world is agreed. We never enter
the Court Room, without thinking Of
the a1jurstion Of the Court to Couu.