The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-08-19


IN very few cases only. that IN. w q irue
was In the wrong. and that he v",,Sssn,
away to defeat a recnrerv. unless u fnn
from SO dong by boud IT n.;usined
be the law of North Carolina pn,;i 10
"nen inc legislature took away the ,ivS.
arrest IN an actions of debt, unless ON nG
that tine defendant WAS about to pla
leaving it in all other cases This xssiN
too fari one direction, and not far ec,, ag
In anotlier-for while there are actions rr sN
contract in which a defendant has sSPN
such evidences of fraudulent purpose h
ms arrest ought to lie allowed, there ara 10y
cases OF tort in which no moral blsm,
Imputed tn him, and in which. tber.s,.
1t shonid not he allowed. In this nst,.,,r
Commissioners have followed the ooIa
New York, steering judiciously betw..n =,
extremes Sections 143 to 10 of the GU
of Procedure contain their views.
IL THE FLEADINGs.
In every system for the adninistrs.;,, i,
justice, IT Is Indispensable that there shupli
be what are technically called ple.diprT
By this is nnt meant the speeches Of ooups1
which are popularity called pleadinys In,
tie statements of the parties respecting rIa
complaint and defence. Evidently wiihor.
these, the court whether Judge, jury or OHM.
body, could never decide a controversy ~
cause it could never be informed of the srf
lect of controversy. 1t is only (spsak;,-
generally, and with due respect for our S,,,.
usages) in the barbarous and unle,,sr.s
stage of society that these mutual allega,;a,,-
are oral Webronght with usfrom Eaglrn1
the custom of written pleadings, ami i,h'
ways continued our theory but at Length
no one knows when, through the indol,r,s
of lawyers. and that most singular pror,sin,
that issues in all the cases should be ma.
up during a term which could last but ons
week, it became fashion not to pu, the Al
legations of the parties in the durable and
accurate form of writing. hut for each pa-r
to guess at the allegations of the Other ami
to prepare his case and summon his wines
es. in the dark as to the precise issue 10 la
tried. 1t is very true that each party h,a
the legal righ, 10 compel his adversary n
put his complaint or answer in WRITING AMI
thus show his hand; and it was sone,imA,
done. But in general those who were dis.
posed tn conform 10 the reqGisitions OF III.
law. were prevented by false ideas If pr ie..
sional courtesy. The result was an epo,-
nous increase of costs in every case. iy sun.
moning witnesses 10 prove or disproye ma,
tiers not denied or not alleged. or only sr.
inaily denied OF alleged. and entirely impe..
finent To the real issue between the PARIS
Nor Was this the wors; it was almost impas
sib.c ever to reach the real merits of cas-
the true point which, being disputeh l.e,vsr
the parties, had been the cause Of the sur
There were so many matters to be provo
and not doubted by anybody TO be true, ami
not really in controversy between the PAL.
ties, lwhat the lawyers call matters Of H.
ducement.D yet under the absurd system pre-
vailing. as essential to he fully proved as !!
they had been vital, that few honest casa
succeeded lat least not without an immense
and wholly unnecessary expense) in eve
reaching trial on the merits most Were
wrecked by failure of proof on some co-
lateral matter unexpectedly arising, and a.
suming in the ewes of the Judge, and espe-
cially of Judge not much disposed to lal'o-
rious investigation, enormous and fatal pro
portions. The bark of the nut was so thick
it was hardly ever possible TO reach the ker-
mel. Again. the necessity of proving 50
much that was really irrelevant. and that
ought not tn have been denied. and that is
not allowed to be denied under any other
known system of jurisprudence, and that
would not have been denied had the parties
have been brought sQuarely to meet their mu-
tual allegations; 50 much increased the num-
berof necessary witnesses, that it was almost
inevitable that some one should be absent
from every term; and hence arose continu-
ances. the most fertile cause of costs. and Of
hopes deferred, that made the heart sick,
and OF bankruptcy and ruin to litigants
While much of the expense attending it,
igation is unfortunately inevitable, much
can be, and will be found to have been.
avoided, by compelling the parties to nar-
row down the issues between them within
sharply defined limits. Then again the par
ties may be compelled to admit what they
know to he true, without bringing witnesses
from distance at great expense 10 prure
it, The provisions Of sections 1927 TO SS,,
for these purposes are effective, and VII
yearly occasiun a vast saving of money 70
those unfortunate people who are compelled
to seek or defend their rights at law. That
this reform should have waited for its adop
ton in North Carolina. thirty years alter its
adoption in most of the civilized world, 4
little credital,le to the reforming spirit Of
her former legislators.
There is another view in which the old and
the new systems may be compared Under the
old system. the pleadings were most absurd
ly required to be made up IN term time only,
and the trial was necessarily postponed IN.
til the next term pleas were not required
to be on oath, Except in very few cases,
not material to be mentioned) hut might
be, IS they habitually were, admittedly false,
and merely for delay.
The result was, that an unexact debtor
could legally defer judgment against hin
for an uncontrsted demand for between SIX
and nine months, and even much Longer If
he was willing TO incur the slight penalty
for frivolous appeal.
The code of morals taught by theologians
and professional moralsts is probably high
er than generally prevails in any community,
and partly by reason of its being abstract,
and not condescending to familiar example.
has ever had but little influence on the can-
duct even of good men in the business OF
life. The law is the standard of morals with
the most even Of good men; and who viii
say that it is wrongly 500 The tendency Of
the majority of mankind is to fall beneath
that standard, and the combined influences
ofreligion, morality and law can barely keep
the mass of any community up tn 1t; lew
were ever known to surpass it. The law
at last the great vindicator and practical eh,
ponent of public virtue The teachings. oil
the Pulpit fall in 'cold didactic" on the
public ear, but the stern preccpts OF inc
= - = g.
repeated examples on the hearts of ambition
rapacity and sel6shness. The law mouia'
the morals of a people. :,
We hear much-sometimes in place anu
sometimes out of place-of the sanciIty Oh