Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1861-03-15
Letter from Kansas.
CODE PRACTICE VS.. COMMON LAW
PRACTICE.

~ AAphht hth " hiiio iAlNtAiA IA AAAN
manner Of trying causes. The present
practice allows the party to make the
most general charge or declaration, and
the defendant to make the most general
denial, and come into court and COM
mence the trial Of the cause open to evil
dence for an indefinite length of time or
applicable to any plea, and demanding an
indefinite amount of damages if within
the declaration. And the deiendent may
prove payment or anything else, almost,
that he can prove that is applicable to
any deal between the parties, The same
is true TO a certain extent in reference to
actions of tort. Besides, there is in Yer
mont an Independent court, with equity
jurisdiction, with rules governing it en-
tirely different from a court Of law, and
still held by the same judge. On my ar
rival here, | found myself in the midst
Of code practice; and with a view to
testing its merits, I have endeayored to
examine the subject as thoroughly as
could in the short time that l have been
here.
Our code is upon the same basis of
the New York and Ohio codes. The OBJ
Jet Of the code is to simplify and reduce
a pleading to an exact statement of the
facts constituting the plaintiff demand,
whether a claim is law or equity. It
requires a statement of the facts, and
true statement of the sum due together
with what interest is claimed. This is
applicable also to the answer of the de
fendcnt which must. be q statement of
facts, instead of statement of a legal
conclusion as in Vermont In the com
mon law practice, the party under the
general issue may prove note to have
been given without consideration, for usu-
~, gambling, to compound felony, or that
for multitude Of ;eason5 it is not legal
ly binding; but by the code we are re-
quired to state the facts, else we are not
allowed the defense. The advantages Of
code pleading are that the issue is mar
rowed down 10 one single point, and the
party knows exactly what evidence will
be required or allowed, and by thus be-
ing appriscd is never obliged TO bring
witnesses to meet evidence Of the other
side on some false issue. | am fully
aware that the success Of some who are
esteemed the best lawyers in Vermont
depends upon the skill with which they
can raise side issue not involved legit-
imately in the case, and lead off the jury
on false ground. The evidence may
be admissible because Of the allowance
Of this general mode of pleading. There
is no question in my mind but If Yer
moont would introduce a code Of prac-
tice properly arranged that the expenses
of the judiciary, all together, would be
reduced one hundred thousand dollars
per year in five years time. That is in
Guiding what would naturally be deduct
ed from lawyers fees by reducing the
amoua; Of labor required Of them. As
an instance, in an action on note all that
is required is to say that the defendant
owes the plaintiff five hundred dollars.
specified in his notes as follows tcopy Of
tbs notes. wherefore the plaintiff prays
judgment for said sum and the interest.
Ten lines is all that can be Of any serv-
ice in declaring for a debt, and so of de-
claring upon all contracts for money aside
from copy Of the paper. Six to ten
lines are sufficient to state all the facts
reqnired-and the same rule to a great
extent obtains in regard to the answer.
Kansas is, in this particular, far ahead
Of Vermont Indeed, there has been no
real improvement in this direction in Yer
mont for sixty years. While England,
where this mode of proceeding origina-
ted, has discarded it entirely, the New
England States adhere TO it with great
tenacity.
To digress a little, Kansas presents
another inducement for immigration.
which is that every farmer is allowed
one hundred and sixty acres Of land with
the buildings on the same, a good team,
and farming tools including a cart or
wagon, pillow, harrow, and all the appara-
tus-all this is free from attachment or
execution and, moreover, everything
but judgments is outlawed in three years.
On these the creditor can have his exc
euiion at any time within five years, but
if not then satisfied, it is ended.
Common law practitioners are so I'M |
used to combining themselves TO material
facts in pleading that there is great com
plant with these generally about code
practice. Experience shows that nearly |