The times. [volume] (Richmond, Va.) 1890-1903, 1892-07-26
LAW Reform.
Position of The Times Sustained by High
Authority.

PALAIRA, july ~, loJZ.
Editor Of The Times
have with much pleasure read your arti-
cles upon so-called law reform, especially
as one Of them had the effect of eyoking
from its leading and distinguished cham
pion the distinct and emphatic declaration
that neither he nor any member OF his spe-
cia committee "favOrs the New York Code
of Procedure. From the way he had laud-
ed the Hon. David Dudley Field, who was
the author of that code as originally adopt
ell, calling him one OF the greatest law re-
formers OF this century and the way IN
which be lately appealed 20 him TO come to
the rescue OF that code and the bill for
Virginia. lately submitted 10 the Virginia
State Bar Association, from certain erlti-
cisIns that had been made OF them, / had
supposed that, the New York Code, the ayant
courier of all codes of procedure, was re-
garded by him. as Mr.. Field framed 1t, rs a
chef d'Buvre. which subsequent reformers
had vainly endeavored TO improve upon;
Indeed the essential provisions OF the BIZ
for Virgins" are found in the New YORK
Code.
repeat, am glad to be assured that the
people of Virginia are TO be saved from the
evils involved in such a code.
What scheme can be devised for admins
tering legal and equitable rights in one
torn Of action" TO any greater extent than
IL is done under our present system, we
must wait and try TO find out from the re-
port of the special committee. Any one
who will take the trouble to examine Will
sec that under the provisions of section 8299
of our Code, 1887 a defendant in any action
on a contract may avail by plea Of every
Imaginable defense that would entitle him
10 relief in equity or damages at law.
And our action of indebitatas assumpsit
so clearly involves the very right and justice
of the case that it 10 called an equitable
action. If, however. any improvement 10
this regard upon the present system can be
devised for one shall welcome It; but 1t
must be an improvement, not simply q
change in form or name. II the right OF
the plaintiff is equitable there is no reason
for calling the pleading preferring it COM
plant Instead Of a bill. And if plaintiff
has two causes of action against the same
person. one equitable and the other legal.
growing out of separate subjects. there -
no reason for and many reasons against
uniting them in the same pleading.
As TO the English judicature act, with
which our reformers seen now 70 be 50
much in love. il seems 20 me that 1t does 1T
tie. If anything. more for England than was
accomplished TOR Virginia sixty years ago
in comforting upon the same Judge ana
court law ana equity luTlbulctlDh. 4hhocuf
Virginia. in this matter. rs in other matters
Of law and political reform. was. and still
is. in the advance. AIr. Field doubtless had
her Code OF lsi9 in mind when, in his late
article on Law Reform he asserted the
necessity for his efforts in New York in say
ing that little of the comparative simple
ity and directness prevailing in some Of the
other States was TO be found in New York"
&c.
Virginia has been no laggard in true re-
form. She long ago enacted that no defect
or imperfeotion in the pleadings shall be
regarded by the court, unless there be omit
ted something 30 essential TO the action or
defense that judgment according TO the
very right of the cause can not be given, and
chapter l59 Of her Code is full OF provisions
of like nature and effect.
If the late eminent Judge Henry 81. e.
Tucker could. when be wrote his common
taries. applaud this system as sound and
beautiful. compelling the parties 10 a sue
cinct and precise statement of the facts upon
which they respectively rely, emitting moth
ing which is essential and clog
ging the pleadngs with nothing
impertinent or irrelevant how can this
same system in its present improved state
be Justly and in a wholesale manner decrled
and denounced? Yours truly.
w. Il. Pc TIT.