The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1870-01-08
Tile New Code of Procedure.

To de Editor Of The. orangeJuy Neus:
SIR: AS the adoption of the Code of
Procedure recently submitted to the AS
sembly, seems to be beyond a peradven-
ture, few brief outlines of a practice so
radically different from that which at
present obtains, may not be entirely un-
interesting to my brother members Of
the probably not even to the
public at large, whose rights will, by the
new system, be rendered capable, in
many and important respects, of more
prompt, certain and etIectual enforce
mcnt.
All distinctions between Common law
and Equity, arc abolished, save as to the
relief asked, and slight difference in
the form of the summons and ali rene
dies are to be sought either by acton or
by special procccdimg.
All actions are commenced by the SER
vice of n summons, which is in all cases
substantially the same, containing, after
the name of the court and the title of the
cause, simply notice to the defendant,
to answer the complaint, and to serve Il
copy thereof on the plaintiffs attorney,
at his Office, within twenty days after the
service OF the summons; aud that if he
fail so to do the plaintiff will either take
Judgment against him for the amount
claimed, or apply to the court for the re-
lief demanded, as the cause of action
uiay require the former in case the ac-
ton Is one on contract for the recovery
OF money only, the latter in all other
cases. The summons is subscribed by
the plaintiffs attorney, and requires no
feStc.
The complHiit, which corresponds TO
the present 0cchn,atioa, may be either
served on the defendant. or filed in the
office OF the Clerk OF the Court. and
either at the time of serving the sum
n!ons, or within suC time thereafter as
sA,s's'ietssI,Slf siislIs rterseryIce otssgis
'iie;;a';,!! b! b ii proper
form.
The plaintii' has twenty days after
service OF the answer (Which CORRESPONDS
to the present flea) within which to re-
ply, and thencefnrth the pleudings are
designated rs ut common law. Blu, us
the allegations in the reply are to be
deemed trayersed by the defendant, with
out rejoindcr, further plcading.is gene.
rally unnecessary to bring the parie, 10
issue. After issue joined the date OF
which is that of the service of the last
pleading, the cause may be placed upon
the ca(e"dar Cor issue docket) BY either
party, and be brought on for trial upon
notice of trial served fourteen days be
fore the first day of the term
The 6ne-spun cobwebs Of special plead
ing are swept from their accustomed
corners, and pleading as !. scence. is no
more; iorthe complaint, answer, and other
plcadings are freed from all The old tech,
nical rules. They must contain plain
and concise statement OF the facts consti-
tutng cause of action, or defence
and nothing more. Demurrer lies where
the facts are insufficient, as well as for
other reasons appearing on the face of
the pleading; Il motion to strike out is
the proper course where the allegations
arc unnecessary or impertincnt Ale.
9o''"@s :, y y Il ,.o complaint Ii 1t controyertca
~ 'h4 onswor-or In tic answer not con
trorer'cd by the reply-are admitted. If
the defendant fails to appear within the
twenty days, the plaintiff is entitled to
Judgment, which in many cases may be
entered Immediately, the amount of
damages being admitted by the default
in others, after assessment of dam
ages 10y the Clerk, on Shcrills Jury or
upon proper application to the Court. Ii.
the plaintiff fails to reply within the
llm't@d time the defendant is entitled TO
such Judgment as is his right, upon src'.
facts IN the answer as required u reply,
c g in the case OF counter-claim ex-
cecding the plaintiffs claim. Judgment
for the amount OF such excess, etc, etc.
hn mr. ,E 81,