Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-01-21

b Il further esaefsd, That copy Of said petition
shall IN all eases, be served on the defendant OF
defendants least I've days before the term Of said
Circuit Court. which is considered the appear
ance term thereof
The amendment was adopted, and the question
REQUIRED, Shall the BILL as amended, be passed the
second reading!
Mr. ROWLES entered his dissent from the propo-
sition and said Il has upon its face very alluring
title-tO simplify and reform fheforms Of actions
and Of pleading. shall always, and upon all ocea-
sioDs be prepared 10 vote for eli bills which in their
provisions promote such an end as this If we pass
this Ia T. il will effect a radical change in the modes
Of procedure in cOurts-striking down the modes
aud forms which have existed ever since we had an
existence State especially that species Of plead
ing which carries upon its face the collected wisdom
Of ages ! may be- called an old fogy; [ msy be
chased with those who are opposed to reform; but
class myself with those who stand by those things
which have proved to De good, instead Of flying off
from them 10 those things which have not been
tried The main argument in favor Of the passage
Of this bill is, that the law. it stands, with
its various forms Of action aud pleadings is mere
trap for suitors;-that frequently persons are
brought into court for Justice, and turned out again
after much yexation and expense, for having inst
tuted wrong form Of action. My practice and
experience does not allow me to assent TO this
allegation.
Mr. K read the 9th section of the act Of 1882 and
affirmed that, under this act, II party have brought
d wrong form Of action, or if he have submitted
defective pleadings, or anything else in the cata-
logue of error he may amend, upon proper spph-
cation 10 the Judge upon this one condition, that
the party who has committed the error shall pay the
COSTS He proceeded, in general speech, to sup
port and defend the forms of Actions declarations,
and pleadings Of the common law, as against the
attacks Of those who would break them down and
substitute in their place rules still more circuitOus
and cOmpljcate
Mr. TURNER, of Sumner, followed in reply to the
gentleman from Bradley aud the gentleman from
MsdisOn--tO whom he applied the remark OF Sir
Matthew Hale, as liable 10 venerable that which is
not venerable in he useless and insipid forms and
prescripls Of Law. He Yentured to affirm, that if
if the gentleman from Bradley had been a member
Of the Legislature Of 1852, he would have opposed
even that which he now so highly lauds and ap-
proves He referred to she allegation of the gentle
man from Madison, that these efforts at law reform
were all mere efforts of lawyers to legslate for their
own personal and pecuniary benefit, and denounced
it as a SANDER upon the members OF worthy pro-
fesson. The same cry had been raised iu every
State where this reform had been proposed, but it
had been fully and refuted by the test Of trial
and time He read Mr. Walker, MIR Long, Mr.. Chitty,
Tennesssee Reports, Judge Turner, and others, III
favor Of the principle sought to be subserved by the
passage Of this bill He also replied to the allega-
lion that the bill calculated strike down the
right Of trial b. jury. 1t was the cry Of ''wolf'-
mere allegation. When he had concluded
The House took recess till o'clock P. NJ.