Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1861-05-10
Letter from Kansas.
CODE PRACTICE.

error in pleading is fatal to the interest
of the party pleading though his claim
may be never so just. The courts have
to pass judgment upon the pleading as
a science, where every word has n fixed
technical meaning; whereas, in code
pleading, we use ordinary language and
it is to be understood just as any individ-
ual understands it.
As an instance of the difference in the
simplicity OF the two systems, suppose |
have an account for service against
man. In Vermont | must bring an ac-
ton on book account, and may demand
Eve times the amount of my just claim !;
and the defendant is compelled to have
an attorney, judge to account, auditor,
and 90 through two terms of the court,
making fifty dollars expense to settle the
account. In code pleadiRgs, | say the
defendant is justly indebted to me for
services in the sum of s., as follows,
then state the account, and conclude
wherefore a Judgment is claimed for a
given sum which is the balance, and the
defendant knows the exact claim and
knows that is all can have. SO on
note instead of alleging the execution and
delivery of the note, and repeating all
the "then and there's" the said and
aioresaids," all that is necessary, after
the name of the suit and court is to say
the defendant justly owes the plaintiff
Spy his note, as follows copy of the
note. wherefore the plaintiff prays judg-
ment for s. which must be the sum ap-
parently due on the note. The real thing
is, the plaintiff comes to the court without
fiction or averment, and says in the sim
pIest and plainest language possible that
the defendant owes him s. on note and
produces his note.
This is the very perfection of code
pleading, and is applicable to all forms of
action and all kinds of defence, the an
swer being equally simple and direct.
BY common law pleading, the defendant
would say he did not assume and prom
Use in the manner and form as the plain
tiff in his declaration hath thereof alleg-
ed against him, and for this he puts him
self on the country for trial aud prays
judgment for his costs. By the code he
would have to say "the defendant denies
each and every allegation in the plain
tiff 3 petition which would be the per-
lection of code pleading, II the defend
ant gave the note but has paid more than
is endorsed, he has only to say just the
truth in the fewest possible words, and
no particular wisdom is required either.
There is no profert required. AT the tri-
al, the question is, do the facts proved
make a cause of action. IF not, the ac-
ton is dismissed. If the facts make out a
cause of action, there will be judgment
Notwithstanding the facts may be some
Whist varied from the allegations, as the
court if necessary will have the allega-
tons squared to the facts. The object
Of code practice is to give a judgment
that involves the right of the whole case.
By this there is no distinction between
legal or equitable relief, and the same as
to defence, for man may set up all and
any defence, whether legal or equitable,
aud reach the true merits Of the case.
The defendants claims against the plain
tiff, whether for re-coupment, counter
claim, Or set off may be brought in, and
if not so done he is continued. The ef-
feet of the system is to save u great de-
lay in the trial OF cases because each par
ty before they begin to put in evidence
is bound to state what they claim, and
can only state it once. There are no
such things as general or various counts,
or variance between the proof and ale
cations, nor defeating a claim because
there are too many parties or for want of
parties. If petition is filed that states
no cause of action whatever, or that
shows the court HAS no jurisdiction, or
that the plaintiff cannot commence an
action, or that several causes of action
are improperly joined, or that there is a
defect of parties, for either of these rea-
sons, defendant msy demur, but it ia
only to have the court amend if there is
any chance for the plaintiff on his own
statement.
In code practice nothing can be gained
by being cunning, and the most success
ful man is the one who is most frank, sin
cere, and truthful. As code pleading is
free from all subtlety, design, or cheat,
and requires nothing to be stated but
what any man of good common sense
would state in telling the story, of course