The times. [volume] (Richmond, Va.) 1890-1903, 1893-12-24
TO IMPROVE THE CODE.
a SERIES or BTLLs SUBMITTED M
TEE STATE BAR ASSOCIATIONS.
ghe Committee OF the Lower House for
Courts of Justice win Soon Consider
che Merits Of the Measures


Messrs. r. L. Parrish. S. $. T..
patteson. and Beverly h. Munford.
Cor the purpose OF presenting and
urging upon tho General Assembly
81 Virginia the enactment into laws Of
certain bills. The committee was en-
powered 20 make such changes IN the
phraseoogy Of the bills as might be
deemed expedicut, provided the substance
a. the same was preserved. The bills
3n question had been presented TO the
association by its special Committee on
law Reform together with other bills,
numbering twelve In the aggregate and
designed 20 constitute a series.
Tho ass1ciat on rejected five OF the
..,-,,.er presented 20 n and approved
,be remaining seven. The rejection Of
rve ~ The series rendered 10 necessary
o. me committee 20 recommend the re-
so.,ion ~ one of the bills approved by
81 association and the amendment Of
several other Of the last-named bills, In
order 90 carry out the purposes Of the
association and OF It's special Commit
roe ON Law Reform. The bills agreed
upon by fine committee have been intro
duced IN the House OF Delegates by Mr..
Raunders, OF Franklin. and viii imme-
dately after the holidays be considered
hy the Committee for Courts Of Justice.
These bills are as follows:
when Action Not 40 Abate.
First: To amend and re-enact section
S2f6 Of the Code Of Nirginia-W
Action not 20 abate for want Of form.
no action shah abate for want Of form
where the declaration sets forth SUM-
Client matter Of substance for the court
90 proceed upon the merits Of the case,
and in any action for the recovery OF
money due Oh a contract express or
implied. IL shall be sufficient for the
declaration TO describe plainly and with
reasonable certainty the cause of action
relied on, or II the contract be in writ
ing Il shall be sufficient 10 file the same
or a copy thereof with the declaration.
The common counts. with a bill of par
ticulars may in any such case be made
a part OF the declaration, and no de-
murrer to such declaration shall be sus-
f9ined because OF the form OF the action.
In such case the writ may describe the
action simply as an action OF assumpsit.
The pleadings ia such case, except where
otherwise provided. may be the same
rs The pleadngs in the present action
Of assumpsit
Form of Demurrer.
Second: To amend and re-enact sec
ton $Z7l OF the Code Of Virglnia--Form
OF demurrer or joinder i'm demurrer. The
form Of demurrer or jOinder in demurrer
may be as follows: 1.-The defendant COR
planting says that the declaration Cor
other pleading is not cor isl sufficient in
law. All demurrers shall be in writing
end shall state specifically the grounds
OF demurrer relied on And no grounds
ehall be considered other than those so
stated, but either party may amend his
demurrer, by stating additional grounds
or otherwise, at any time before the
trial"
How Traverses to Conclude.
Third: To repeal section 1851 Of the Code
Df Virginia, reading as follows: How
traVerses 20 conclude.-All special ira
verses. or traverses with an inducement
of affirmative matter. shall conclude TO
he country. But this regulation shall not
preclude the opposite party from pleading
1ver 20 the inducement when the traverse
S immaterial."
To File an AFFIDAVIT
Fourth: To amend and re-enact section !
l2s5 OF the Code of Virginia: When in any
action on contract for the payment OF
money no plea I'm bar 90 be received, or
Inquiry OF damage made. unless defendant
be with plea affidavit denying plaintiffs
,laim, but judgment given therefor
In any action or contract express or
implied, for the payment of money lex
,ept where the process TO answer the
action has been served by publication II !
he plaintiff file with his declaration an !
lfildavlt made by himself or his agent, /
stating therein. 10 the best OF atlantis be- |
ief, the amount of the plaintiffs claim, |
hat such amount Is justly due. and the |
line from which the plaintiff claims inter- /
st, no plea in bar shall be received in |
he case. either at rules or i'm court, unless |
he defendant file with his plea the afii-
iavit OF himself, or his agent. that the
'lalnun Is not entitled. as the afiiant |
'erily believes, TO recover anything from
he defendant on such claim or stating
certain sum less than that set forth in
he affidavit filed by the plaintiff. which,
IS the ahiant verify believes, is all that
he plaintiff is entitled 10 recover from
defendant on such claim.
IL such plea and affidavit be not filed by |
he defendant, there shall be no inquiry |
4 damages out judgment shall be for
he plaintiff for the amount claimed in the
ttidaWt filed with the declaration.
n such plea and affidavit be filed. and
be affidavit admits that the plaintiff IL
nuued 10 recover from the defendant
um certain less than that stated In the
filed by the plaintiff. judgment
nay be taken by the plaintiff for the sum
o admitted 20 be due. and the case be
ried as to the residue.
Simplifying the Mode of Procedure.
Fifth: To simplify the mode Of procedure
n actions at law and in suits in equity
whenever a suit Is brought ,n equity
,ilcu should nave been brought at law,
f1r |
missed. but the court shall cause an issue
~ oe framed which shall be tried and dis
''Seo OF IN the same manner as if the
'cuOh hed been brought at law And
whenever II shan appear Ia the court
nat me proper relief cannot he Given in
PehdlnB action al law, the suit ebsu not
or mat reason, be dismissed but 100
nan De gwen 70 make such amendments
y tne court may deem necessary 10
IioIu proper lehei' and the case shall
hen De heard and disposed OF os - - |
ut had originally been brought in e,,,it,'
Any case which may be al any lin =,
he Chancery or Circuit Court OF Ricbnon,
~, ana subject 10 the provisions Of CO
DIN ] OF this act, shall be transferred
ON the Circuit Court Of said civ M
10 Chancery Court, OF from the Chancerv
curt OF said city to the Circuit Courf
, the case may be.
This statute shall be literally construed
the end that justice be not DELAYED
denied By reason Of the form OF the
'oceeding.
How Plea Shall Commence.
sixth: To amend and re-enact section
~ OF the Coce Of ViPginia-How plea
al -Rephcations to pleas:
No formal defence shall be required
a plea. II shall commence as follows.
The defendant says that" And In any
-IInn tLn rlnIrll.f No.. -. |