, 1874-02-09

Tloro Ia roaBon for congratutnt'on upon tho
prospect that the Legislature will pass Mr. Brad
wells bill for simplifying tho forms Of pleading.
and convenience more completely IT tho Senate
Ind not sholycd Afr. Truitt's bill, which not only
Birnp}ihoa forms Of pleading, but a]so did away
with tho antiquatod and 1un,borsome practice Of
Bpocifying for1nB Of action. such as assumpsit,
covenant, dobt, troBpaBB, trespass On tho caso,
troyor, dotinuo, etc., and included all personal
actions in tho throo divisions Of contract,
tort, and repleyin. by the rejection Of Dir.
Truitta bill, litgants viii still be compelled to
atate forms of action, but an important step will,
nevertheless, DO gained If mir. Dradwell's bill Ia
passcu. The declaration filed by Mr. bfoViokor
agaiust Alr. Maurice Grau. few onys Binee,
furnishes m admirable illustration Of tho necoe-
sity Of this reform. The declaration, which
our readers will romombor, occupied just
a column and lalf OF nonparcfl type,
aud fully nine-tontha Of tlliB mnttor was
literal repetition, which did not strengthen
tllG NEEld1AtQAt Hub 9AIt oOAsSA ~ ESAAA1u *AAV
reader and lumber up thu records. Unlor nfr.
Dsadwolls bill, this column md half Of matter
would havo been atatod as follows:
6rArg or 111t1so1s.t In tho Court Of -Coun-
County OF Cook. { ty, - TORN, A. D. 1874.
II. Movickor, by A 0, his attorney. auca Maurice
drau for the rent Of Mcvickor's Theatre for two
weeks, and tic plaintiff claims $1,000, money payable
by tie dcfeudan to tho plaintiff for tho defondans
ts tfh thnhtrh tim
plaintiff.
There ia nothing vital to the case in tho
declaration which has been hlc1 which Is not
contained in tho aboyo form. Everything else,
tho dates, details Of contract, ETC., arc matters
Of evidence and, oven werc 1t necessary to
incorporate them, tho nrHt section Of the bill
provides that "nothing Leroin contained shall
render 1t orronoous or irregular to depart from
tho lostor OF such forms 30 long as tho substance
III Expressed without proxity."
The simplincation Of forms Of pleading ia but
ono Of many reforms Which arc needed. ant
which have been indicated MANY timea in Till
TRIBUNE; but, oven II this can be insured, !:
will bo one step forward, which will DO followct
by othc1s in time. It will bo On advantage tt
suitors, to lawyers, and tho courts, will MAXI
litigation loss expensive, and will romove,a yer.
| sorious obstruction to the buBineaB Of tho coun
| try, Tic only reason why tho present system
has boon retained 80 long Is, that 1t ha
boon aourco Of profit to clerks 70
needlcss services. The passage OF Judg
Dradwell'a bill will not only cut Of
this usoloas expense, but 1t will also cloar cnae
Of great deal Of litter, and lumber, and use
ioss confusion. Tho lawyers in tho Senate
| foaring that litigation might become too easy
| equelched Mr.. Truths blu. There is no dangol
however, eron If Judge Dradwoll's bill should b
passed, that the practice Of law will become an
too easy or simple. Reforms aso needed i
eyory department Of practice. If tho Legisls
ture will only romovo this one load Of law-ruf
bish. they will confcr blessing upon eufforin
litigants, and remove one obstruct1on whic
stands In the way of tho business Of tho country