Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-08-17
PROGRESS OF LAW REFORM.
A Rovisw of the Bar Associations Action
at Its Recent session.
Written for the Dispatch.

A Review of the Bhr ASSOCIATIONS AciOh
at Its Recent session.
Written for the Dspatch.l
The report of the Special Committee on
law Reform. signed by :. S. Z. Patteson
chairman, Thomas S. Martin. a proml-
uent LAWYER and candidate for the United
States Senate; W. NJ Llle. recently
elected professor ct law at the University
of Virginia: K. L. Barton, the most &C
compnshed law-writer in the Common
wealth; j. Y. Tucker, OF Lexington,
president Of the American Bar Assocla-
ton, and Il. 4. w. Duke, OF CHAR bites
vile, an ox-cOngressman and one OF the
ablest lawyers IN Virginia, came up Tor
discussion at the evening session OF the
first day of the recent meeting OF the
State Bar Association, and was vigorously
opposed by the reactlOnlsts, who were
well led bv Mr.. George NJ. Cochran, dis
tinpuIshed member OF the Staunton bar,
the minority member of the special com
mlttee. Although the committee has
been at work three years he has never at
tended any of ITS sessions.
Heis about as conservative as was the
great Duke of Wellington. In the PENN
sula wars IN which the Duke grew famous
the British we're armed with smooth
bore fint-lock musket. 1t was called
Brown Bess.n The Duke was thoroughly
convinced that 1T was the finest weapon
on earth, and that the ingenuity or man
could not improve upon II. 1t was with
the greatest difficulty that he would agree
10 the replacement of the tllnt-lock by the
percussion cap. lie would not go one step
furtner. The tight over the report was
percussion-cap and tllnt-lock struggle, IN
which the percussion cap won the victory.
TIE CHANGES IN TIE LAW.
After the reading of the report it was
1 4 al ~
The first section adopted was one amend
ing section 524G of the Code OF Virginia,
1881, providing when an action Ia not 10
abnte for want of form. The recommen-
datiOD of the committee was adopted with
out change and the bill reads as follows
VIZ:
mo action shall abate for want of form
where the declaration sets forth sulnclent
matter of substance for the court to pro-
coed upon them of the case, and IN any
action for the recOU0y OF money due on con-
tract y shall be sufficient for tic declaration to
describe D'dinlV and loih rCdsOnd6e certainty
The coarCc' reied on. The common counts,
nth bill Of particulars, may an any snch case
be male a part Of The declaration. and no de-
0a,u-rer 10 such declaration SisdA De sustained
because Of lie form Of tie action. In Such case
tie ,crH may describe NE dcHO" S"'ply as az
action on Il contract
The amendotory part Is in italics. The
effect of this amendment will be TO make
one personal action on contract on the
implied assumpsit sufficient where three
now exist. IL destroys the distinctions
between the actions of AsSumpslt. Debt,
and Covenant.
The second section was rejected by
very close vote. Ii provided that every
plea shall be in writing and shall state con-
clsely the real defence relied on. At pres
ent when an action is instituted in dSSunlp-
Sit-that is TO say, on open accOunt-the
plea 10 mon dsSHhpsU" and IN the Others
" not q,nlfy" and mil debet." The pleas to
the declaration do not show the grounds
OF defence. The committee wants the de-
PENDANT to say what are the facts upon
which he relies as his ground of defence.
The aboys pleas raise what is called the
general issue. From them neither client
nor counsel can tell what sort ct defence
viii be made At the trial OF the action. 1t
/ Is true the defendant may be called on for
a bill of particulars, but no Oil OF parucu-
lars states what IN fact are the par
ticulars of the defence. In suits against
/ corporations especially II Is very important
/ that the real defence relied on should DO
! communicated TO the party plaintiff before
| trial.
SPECIAL DEMURRER.
| Section 2 providing for "A special de-
murrer. was amended IN some small par
! ticular and adopted. At present parties
/ have the right 10 demur geneially--a Alnu
/ of drag-net arrangement which causes
/ great delay and hardship. Inc general
/ demurrer IS intended 10 cure ignorance on
( the mart of counsel and the lower or trial
( court. At present ne can aeinur anu tne
MS. r,.',ts court can override 1t and then
J The Supreme Court of Appeals con sustain
/ II on A ground not thought of by any one.
( A demurrer is q plea of law instead OF
/ pl,a of fact. and under the now system
/ the LAWYER IL required TO know whether he
/ can interpose legal defence ana, II so. 10
/ state what II Is. The law, as II Is. is
/ pitfall, and with the assistance OF the
/ iudses of the Supreme Court OF Appeals
/ NAV entrsp the best pleader IN the Com
mouwea!th. Why anyone would care TO
/ advocate any such system IS mystery 70
! ell fair-minded persons.
Section4 repeating section 1861 of the
| Code OF 1887. was adopted. II aboiishes
! the requirement that certain pleas shall
! conclude ITO the country ana others
| with "a verihcaton." The committee
vas unable 10 understand what posi- bic
| dIference IT could make 10 the inyestiga-
| ZION of truth whether a traverse concludes
"to the country" or with - yerihca-
| ton"
and was not criticised by even the reac-
tionists. Ii simply provides that IN any
| action. by filing an afhdeylI with MS ac-
| count, IL no counter-ainiavlt rs pIeu.
uJgment on tie maturity of the case
shall DO for the plaintiff for the amount
claimed in the affidavit filed with his
l declaration.n At present judgment can
only be obtained in this manner IN the ac-
I ton Of sssumpsit
The sixth section was not adopted. be-
eause Il was thought that the same thing
was provided for IN the matter OF The
| special demurrer.
COMMON Law AND EQUITY.
Section s was adopted with some amend.
meuts making II clearer. IL " the most
~ providos substaniislly as follows
"i That in every proceeding At Law the