Savannah morning news. [volume] (Savannah) 1868-1887, 1886-08-27
GEORGIA'S LAWYERS.
Important Questions Considered by
the state Bar Association.

the state Bar Association.
ATLANTA, GA, Aug. 26.-The Georgia
Bar Association met to-day in the SuDeri-
or Court room withabout hundred mem
bers in attendance. Joseph B. Cum
ming, of Augusta, delivered the annual
address, i'll which be read lecture to the
bar for it's commercial methods. The
bar, the leading element in the commune
ty. is too apt TO be led off by other in
fluences in business and politics.
Hon. Pope Barrow delivered an address
on the Federal judiciary, which was
highly admired. The programme failed
this afternoon because the parties desig-
mated did not appear.
The committee ON the $50 prize for the
best essay on the relations between at
torney and client was awarded to A.
Minis, Jr., of Savannah.
The following resolution, offered by W.
B. Hill, Of Macon, was unanimously
adopted:
Resolced, That the Georgia Bar Association
earnestly requests our Representatives in
Congress to secure national legislation rela-
tive to the Federal judicial system which
shall
!. Relieve the Supreme Court so that the
delays now incident 10 the hearing of causes
in that tribunal may be avoided.
,. Provide for an intermediate appellate
original jurisdiction now vested in the Cir
cuit Court to the District Court, and consul
tute by the appointment of additional Circuit
Judges Circuit Court OF three Judges.
which sha sit at least once each year in
every district, and which shall have appellate
jurisdiction in all civil cases from the District
Court and jurisdiction by writ of erTo on all
criminal cases from the District Conrt.
3. Restrict the right of removal Of causes
from the state to the Federal Court, 80 that q
defendant sued in his own state by non
fsiar1f riV,nr
state Court shall not have such right of re-
moyal.
4. Allow the District Judge of any adjoining
District or state to graz any extraordinary
remedy in the event OF the ABSENCE disability
Or disqualification of the District Judge.
THE SPECIAL COMMITTEE REPORT
on ''delays in the administration of JUS
tice." which was submitted to-day. at
tracted considerable attention. The COM
mittee, after giving the reasons for the
deavs, present the following conclusions
for the cure of the delays. For convent
ence they are expressed in the form of
statutes:
I.-UNIFoRM PROCEDURES
SEC. l. All suits. whether founded on legal
or equitable causes of action. shall he COM
mcnced by petition, which shall plainly, fully
and distinctly set forth the cause of action
and the remedy or relief sought.
SEC. =. The fling and mole of service of
process. in all cases. shall be that now provd-
ed for actions at law. Where any eXtraordi-
nary remedy is sought. the judge in cham
bers may grant such orders upon such petit
tions as are now granted in applications for
injunctions and receivers.
SEC. 3. The superior Courts of this state, on
the trial of all civil cases, shall give effect to
all rights OF parties whether they prevail at
law or equity.
SEC. A. Whenever. in the progress of any
cause. IL appears that any person, who is not
a party TO the record, should be before the
order that fnll and a
may be administered, the court shall cause
such person to he made q party, with such
provisions as to time of service and pleading
as will protect the rights Of such party.
SIC. D. In all cases where there is q conflict
or variance between the princi pies OF law and
equity. touching the same subject matter, the
principles OF equity shall prevail.
U.-PLEADING.
SEC. 6. All pleadiugs, whether OF plaintiff
or defendant, shall be plain. full and distinct
so to apprise the adverse party with ali
reasonable precision and fullness Of the de-
mand or defense.
SEC. Z. If the same be founded upon or
grow out OF any writing, COPY of the same
shall be attached; If upon a p4ro contract
the terms thereof shall he set out: il upon an
account, an explicit bill of particulars shall
be annexed.
SEC. =. If more than one cause Of action is
embraced, or more than one matter of defense
plead. the same shall he set forth in separate
paragraphs. In such cases The defendant
L ust either demur TO, or take issue with, or
admit the correctness Of, each separate count
or paragraph; or he may set mp matter in
avoidance or in bar or counter claim; and
the plaintiff, in like manner. must either de-
muir TO. or take issue with, each Of the several
defenses plead.
SEC. 9. If the pleadings are defective. the
court must require that they be put In proper
form before submitting the case TO the Jury.
Such amendments shall be made without de
Jay or continuance, but the court may impose
terms upon the narty or parties at fault.
SEC. 10. The defendant. at the time OF filing
any demurrer or defense, shall furnish a copy
thereof to the plaintif 8 counsel.
III.--TIME OF TRIAL.
SEC. il. In I'll cases where no plea ia 1led
BY the second day OF the first term the plain
tiG is entitled 10 take verdict or Judgment :
provided. however, that where service upon
the defendant Is not made personally, he may,
upon affidavit that he was not cogn zant Of
the tendency Of the suit set up any defense
which he might have made before verd CT or
judgment, by illegallty, and the issue thereon
shall be tried at the next term.
SEC. ~. All demurrers, Dol n TO petitions and
pleas, shall be determined at the drst term
II the defendants pleas are stricken upon
demurrer the plaintiff shall nave his yerd ct
or judgment at The first torn.
SKc. 10. In all defended cases where the
petition IS personally served sixty or more
days before The openings Of any term, the same
shall be in order for trial az tho hrst term ;
unless the court. upon showing made that
either party has not had sufficient time for
preparation Of the cause, shall continue the
same.
SEC. "a. The provisions OF law embodied in
sections 3, and 10, shall not 20 INTO operation
until three years next after their adoption by
the General Assembly.
IV.--MoDE OF TRIAL.
SEC. 10. The court shall hear and determine
all demUrrers and questions of law arising
upon pleadings, at special times TO be xcd by
the presiding Judge when iuro are not In at
tendance for the trial OF Issues OF fact.
SEC. III. Upon the trial of every cause the
court shall separate The Issues of law and fact
ana submit the questions OF fact (wherc there
are moro than one) separately TO the jury (;
and the court shall enter judgment upon their
findings.
sEc. Il. Before the argument OF facts TO the
jury the court shall determine, after argu-
ment Upon the law. and shall announce to
counsel what Instructions will be given to the
lury. and counsel shall argue the facts TO the
Jury as they are Affected by the rulings OF the
ooGst'uD9n the law