Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-08-17

principles of common law and equity shall
be alike applicable and the same relief
shall be adminisi cred so far as the nature
OF the proceeding will admit. but when.
ever the principles of law and equity con-
iIict the principles OF equity shall prevail.
80 That whichever O suit Is brought In
equity. which should properly nave Deen
brought at law, the suit shall not, tor
that reason, be dismissed, but the court
shall cause it TO be transferred from the
chancefy tosthe law docket OF the court
shall designate the proper form OF action,
and leave shall be given TO amend the
same AZ 10 parties and pleadings to such
extent az may DE necessary 10 anord
proper relief And whenever 1t snail ap-
pear to the court that the proper re-
lief or the whole relief demanded,
and To winch the party Is entitled. can
not be given In an action at law accord
ing to tho principles of equity applicable
10 ths case. the cause shall be transferred
from the law TO the chancery docket OF
the court. and thenceforth shall proceed
as a suit IN chancery. and 20 that emu
leave shall be given to make sucu amend
ments as TO parties aud pieadihgs as may
be necessary TO afford proper relief
There il a further amendment providing
that the case shall be tried in the court
where the suit is brought. ana that III
shall no. be necessary to send 1t from the
common law TO the chancery court or
rice y6rST. -, =.
Section 9 was rejected. and the dis
tinction between trespdss on sie case. Toeer'
and cei,nte still exists.
Section 10 was amended and adopted in
reference 10 replications TO pleas. IL was
allowed TO stand substantially as reported.
Section ii was rejected.
Section 70 (the lsst one) is an amend
ment TO section 2734. Code 1887, and IS as
follows-vIZ.
The defendant may demur TO the de-
claration or plead thereto, or do both.
And the pleading in such action subse-
uuent TO the declaration shall conform TO
the practice regulating pleadings IN per-
sonal actions. except where 1t - otherwise
specially provided"
This was adopted.
Section T. providing that in any civil
case tired by jury the court shall sum up
the evidence and charge the Jury as to tho
law applicable 10 the evidence whenever
requested by either party. subject to OIL
inst exceptions" was so violently opposed
that IL was withdrawn by the committee
and never voted on by the association.
Such a law with a competent and we'll
paid nudge would greatly expedite business
in oil Of our courts.
The report was based on the resolution
that law and equity procedure should be
consolidated, so that legal and equitable
rights could be administered IN one form
of action. There was no constitutional
objection TO this being done, but 1t would
perhaps have been a little more trouble
some. The committee reported that they
thought that the resolution OF the asso-
cation III favor OF one form Of action when
! would embrace personal actions, bills IN
equity. and the real actions OK electinent
and unlawful detainef, should be literally
| carried ont.
The resolution referred to was adopted
| by the association IN 1892. This part OF
the report was stricken out-not voted
| down.
BILLS FOR THE LEGISLATURE.
Messrs. r. L. Parrish, Of Covlngton. and
| b. h.. Munford and ;. =. 7. Patteson, or
| Richmond. were appointed committee 10
present the recommendations of the asso-
| cation to the next session OF the General
| Assembly and urge their passage into laws.
! One form of action Is the logical result
| of the reform movement all over the Eng
! lsh. speaking world. The new system is
| called the reformed procedure. 1t does
not necessarily mean a code OF procedure
| Gall of the committee were opposed 10 a
| CODE. but the result is best reached by
rules OF court. These rules of practice
| should be made by the Supreme Court.
| Then there will be no practice reports, Tor
| that court Will uuucINltHu us Onh iNiN'
| and direct the other Judges how TO con-
| strue them properly.
| The practice in England and Connecti:
cut Is entirely under Rules of Court, and
the greatest modern American law-writer
John Norton POmeroy, SAYS 1t IS by far
| the best There is no conceivable reason
why we should not shake OF those antique
and cumbersome garments and step into
the inspiring light of modern civilization
as we'll in law as in other things. Harvey
| discovered the circulation OF the blood
and announced it to the world.
1t is a singular fact that no man upwards
Of 40 received this important truth. The
older members OF the bar most generally
| opposed the reform. How would Coke
and Bacon without our experience and
with their notions of witchcraft get on
here on earth to-day? What would they
think of the lightning, SO swift to run our
! errands, shining over us white and steadv
as the moonbeams, burning but uncon'
| sumedi
Our experience is greater than theirs
and therefore our opinions are more yalu-
able. What the Bar Association has done
| is good as an entering wedge. 1t Is stet
| III the right direction.
S. S. =. PLTTEsoS.
Richmond. Va, August IL, 1898.