The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-07-02

that the proct edlDgs Of our late meet
ing were. uodsr the direction of our
Committee on Pub ication, published
in pamphlet form and distributed
amorg the members.
! As treasurer / report as follows:
Balance on hand July
!, 1886, IS per last
report ...,............$ $40 30
Dues and admission
fees received from
members ...u....... 1868 90
---N, 575 80
Discussed on account OF the
ASSOCIATION ........ ."."......... IS5 w
Bllance on hand......".." $776 80
lam prepared 10 submit to the Cen
tIal Otuuc J, 20 required by our by
laws, a det, lied s'a ement OF receipts
and expand lures, with proper vouch-
els for disbur. ements. Respect ully
J,.w. BONNER,
Secretary and Treasurer.
Memphis, July l, 1885.
The Hon. b. NJ. Estes, on behalf Of
the Central Committee, rec Dmmendsd
for admission the following gentle
men, who were accord ngly uuani-
mously elected: j. B Heiskel, F. III.
HeisE ell, W. A. Percy, jr, S j. Shep-
perd, Josiah Paterson, G. F. Vance,
j. II. Malone, j. B r binson, Il. B.
Ed .ington, J J. Dupuy, M. M. Treze-
want, John P. Houston, all of Mem
phis; Jordan Stokes, ir, Of Nashville;
]. @. McDearmon, John r. Walker,
Legrand W. Jones, of Trenton; III.
Parks, j., Dyersbuig; r. P. White.
cell, Union City; II. W. McCorry,
Jackson @. A. S :ainback, somerviile;
N. W. Baptist, Covirgton; Jane,
Fentress, Bolivar; John ]. West,
GAINESVILLE.
The Hor. A. M. Rose, Of Little
Rick, Ark, was unanimously elected
an honorary member OF the associa'
ton.
The Ieno't of the Committee on
Judicial Procedure, was tnen read by
Xenophon Wheeler as follows:
REPORT OF JUDICIAL PROCEDURE.
To the President of the Bar Associatio Of
OF TennesEee;
The Comm ttee on Judicial Admin
ministration and Remedial Procedure
of last year, in their report made al
our last annual meeting, recommended
that the ass ociation declare itself in
favor Of relie ing the Supreme Court
by prescribing:
l. An assignment Of errors as a
condition of appeal from the Chan
cellor's decree.
2. a limita ion OF the record to mat
te- necessary to the assignment of
error.
8. Printing of the record in all such
cases.
The committee further recommend
ed that our State reports should be
uniformly nsmed, aud instead OF call.
ing the reports after the name of the
reporter, that they should be styled
the Tennessee Reports" and mum
bered accordingly.
After an uncommonly interesting
discussion the report of the committee
was adopted, ana The committee of The
present year was instructed to formu-
late the necessary legislation and pre-
sent the came in the nature of bills
We have underworld to comply with
the duty thus imposed upon us, snd
we present the same as sn appendix
to this report, The proposed legisla
tioH, as will be seen, except as tc
changing the name OF the reports, il
designed TO relieve, in part, the
oyERcRowDED DoCKETs OF THE SUPREME
COURT,
and, as your committee thinks, is ad
mirably calculated, 81 far as it goes, Ia
accomplish the end in view. Whether
the Legislature, in view Of the preju.
dice hitherto manifested by it against
any proposed innovation or reform in
our civil procedure, can be induced &c
pass the SO bills, or any OF them,o or any
acceptable substitute for them, is q
matter OF very serious moment to the
profession aod the general public
Your committee is OF the opinion thai
the object in view can be further pro-
NOTED by yet other changes of practice
in the Supreme Court which will be
here suggested, and that the delsy in
the trial OF causes in thu infsIior
courts can also be greatly abridged, to
the greet advantage of lawyer and
client. Most Ct the changes suggested
in this report your committee does
not claim to have originated
but they must inevitably
have sugges ted themselves TO every
practitioner in our courts, and mcst Of
them were strongly urged upon the
attention of the association, at OUT
nesting in Nashville, in most admit
Iable paper prepared by Judge An
drews, Of Knoxville, with, uOfoltu
nately was not printed with the re-
port OF the proceedings of last years
meeting. In some of these p opposed
changes Judge Andrews was antici'
pated, in paper prepared by Mr.. W.
S. FlippiD, and read at our annual
meeting OF 1884, but which was also
omitted in the report of that year
The changes herein proposed, and
which your committee urge upon the
consideration OF the association, have
the great merit that they do not re-
quire any amendment to the State Con-
stitu'ion. They are within the power
OF the General Assembly to effect, and
there can be no good reason given for
the practice OF issuing q summons in
civil cause months perhaps before
the term OF count commences, waiting
for the three first days of court before
fling q declaration, and two days more
for the defendant to plead or demur
THE APPEARANCE TERM
should in most cases be the t'ial term
as it is in the United States Courts, ia
some circuits, and, perhap', all. Il
summons and copy of dec aration are
served upon defendant twenty dayt
before the frat day OF the term, the
cause stands fortrial at thai term. We
would suggest that the State practice
in this respect bs made to conform tC
the Federal. The defendants sttor
ney by this practice will have ample
time to carefully examine the declara
ton and determine whether to plead
or demur. As it now is, the declara
ton comes to the hands Of the defend
ants attorney amid the turmoil anC
hurry OF court, and be mnst determine
upon bie enufea WI hin q imi pC