The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-02-21
Appellate Courts.
Communicated. !

Much has been spoken and written ia this
State in regard to the establishment Of an
Intermediate Appellate Court. The chief
reason assigned for such court is that it will
lessen the labors of the Supreme Courts and
facilitate the disposition OF causes in that
court
IL occurs TO me that the chief reasons for
delay in deciding causes lie in the expensive
and cum0trsome mode Of appe aliBg causes
10 the Supreme Court and tue vast amour
OF unnecessary labor imposed upon the court
in the examination of the prolix transori pts,
which the present law reqaues 10 Dc
hled IN practice 8 complete transcript
of al the proceedings in the court below Is
flied, although oftentimes few lines n the
record present the only point upon which
decision il ask ed or required.
Now the Supreme Coart Is designed 70 o.
a cCurt for the Correction of errors OF Lax
The lmme date object OF their decision ia =
cause is to secure 20 The parties 10 the cause
correct application Of the law; the second
ary and more important object is TO far
nish the inferior courts and the legal pro
fession with sutheDtic guides Ia the conduc
| of future litigation.
| Under the present practice scores OF de-
cisions determine nothing as to the merits OF
the controversies, 10 point being decided as
| to the rights OF the litigants. The inartidCial
drafting of a demurrer, the omission OF
technical words in a bill o. exceptions or
! some informallty in the assignment OF errors,
/ defeats the object of the appeal. The code
! system was enacted in 1S52, aud any lawyer
! who will count the number of syllabi upon
the above matters alone IN the last tHeliy
| volumes of the Reports will be utterly aston
! ished.
The Supreme Court ought not to be forever
cal ed upon to decide new questions Of
prcatices. They should either ignore them
~ is done by the Supreme Court Of
| the United States or else the records
tor appeal should be so prepared as to avoid
| the presentation Of such questions for
decision. II records as brief and pointed as
practicable for correct apprehension of the
| points involved were furnished, an immense
deal OF time would be saved the court that is
| now spent IN waCing through useless mass
/ veTbiage, decisi DDS speedily reached, and the
| legal profession would save much time and
! money by the substitution OF terss aud intel
igible opinions for the verboss statements of
the record will now stuff our reports.
There is no reason why a short sim pie
and business-like statement of just enough
| OF the proceedings In the Court below TO
present the point or points reserved for the
/ decision OF the Supreme Court should not
! suffice. What is the use of copying a half
dozen paragraphs OF a complaint as many of
the answers and as many more OF the reply,
when the whole point turns upon the discus.
| SION upon demurrer to the sixth paragraph
OF the reply, which is addressed TO the sixth
paragraph Of the answer addressed to the
sixth paragraph of the complaint? Why not
| simply furnish the substance in short of
the particular paragraphs of the complaint
answer and reply, and ask a decision upon
the correctness of the ruling or demurrer?
or embody in the record a voluminous mass
of testimony, when the whole case turGs
upon thh admission OF written instrument
in evidence without proof OF its execution
The civil code r S. 1881, Sec, $50 has q
provision intended 10 dispense with COM
plete transcripts and TO limit the record on
appeal 10 so much as will clearly present the
points reserved for decision. But 1t hss
been practically dead letter, ss the prSfes.
sion seems apprehensive that there may be
a failure in getting the points fairly before
the Court for decision.
| legal remedy, which I would venture to
suggest for this waste Of time, labor and
money, is substantially this Let every ap-
peal far SIS practicable, be taken upon a
case made" instead upon q transcript of the
proceedings. Let the party appealing pre-
pare succinct statement OF so much of the
papers, evidence IL any, and orders and
judgment of the Court ss shall fally and
fairly present the points of law upon which
the decision o. the Supreme Court is desired.
Let the statement be submitted TO the Judge
of the trial court after proper notice 70 the
adverse party. and such corrections made as
Will fully and truly present the points. Let
| the statement also indicate the rulings
complained Of by the appellant Ii the aD.
pellse claims errors as against himself, lei
| the statement be so framed as to include the
| matters necessary Tor him 10 present his
| grievances on the sDpesL Lss this state
! ment attached by TIE Judge, stand for the
transcript and assignment OF errors.
II would be found IN practice that but q
few pages of legal CAP would. in most cases
present the whole case intelligibly 10 the A o
| pellate Court, and the Judge could, in most
cases, st a glance discover the points in
volved and decide them without delay, and
, one volume OF reports would take the place
| Of half dozen under the present system.