The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1875-10-27

would be a proper thing, for the Legis-
iative Assembly to follow In the wake
OF the older States OF the Union, and
of England as well, and abolish the
distinction now existing I'm the code of
civil procedure. between actions at law
and suits in equity. That the Terrific
~ OF Wyoming, its Judiciary, and its
lawyers, as well as it litigants, would
be benefited by simplifying the dual
practice now existing.
II great communities, like New
York and Ohiu, Astounding in learned
and wise jurists and able Law yers, have
demonstrated the wisdom of simPli
flying the practice in courts, surely
Wyoming cau follow their example
with confidence. Even old England.
the cradle Of the common law, has
recently adopted the code practice Of
the State OF New York, so far as the
same was applicable to its condition,
and the same will go into active effect
and operation ON the first OF next
month.
The London LdV Times mentions
this fact, us well us Iecites some of the
changes that will take place, in u re-
cent issue. II says:
After the first of November next,
there will be no such person as attur-
ney or proctor, both Of which titles
will he merged in the ClIancery appel
lation of solicitor. A suit becomes an
action. 'BilI' and declaration alike
disappear. and becume statement of
claim or statement Of complaint
Plea and answer become defense
replication becomes reply DE
murrer' aud motion for new trial
both stand their ground, but bills OF
exceptions, proceedings in error, pleas
in abat, memt, aud new assignments,
Will have disappeared. Motion for
Judgment Is "a new term To the cuni-
mon lawyer OF England. and the equi-
~ one will scarcely recognize in ii the
old motion for decree Terms will
be called '~sittings.'"
1t has been the opinion of some law
yers in this Territory TINT Chancery
and common law jurisdiction required
each its old forms of procedure 10 he
exc ;cised in its plentltude. And this
was pardonable in view Of The x
pres u contempt of Justice Grier, one
of the abIest of American ~jurlsis, for
these codes OF procedure. Other emf
lei lawyers, like O'Connor aud
Black, have expressed similar disgust
with the successful attempts Of State
Legislators To break down the tyrani-
cal forms Of common law procedure in
courts Of justice. The meh were
learned and skilled In legal techniculi-
ties. and often won cases for their
clients In the courts. 10y a display OF
curious and recondite learning that
obscured the plain Justice hat was in
VOWED.
Notwithstanding these cultivated
prejudices, in favor of form, equally as
learned aud wise judges and lawyers
favored reform and II legal demand or
equitable relief, or both, may be sought
in the courts of general Jurisdiction IN
those States under the code of civil
procedure. There Is but one furm OF
ne ion allowed. and this is called Il
civil action, under which both law and
equity are administered.
Congress in April, 1874, passed AN
act authorizing the Territories to pass
practice acts, hat mingle the common
law and clIancery Jurisdictions so that
each may he exercised under the same
form of pleading.
This is sufficient warrant for the
Legislative Assembly to recast the
code of procedure ~ as 70 conform to
that of some OF the older States.