Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-07-15

lot want OF roTm WneTe tne
sets forth sufficient matter OF substance
for tho court 10 proceed upon the merits
Of the case. and in any action for thu
recovery OF money due on 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 bt
In writing, Il shall be sufficient to file tho
same. or n copy thereof. with the decla
ration. The common counts, with bill
OF particulars. may In any such case bt
made a part OF the declaration. Ana M
demurrer To such declaration shall b'
sustained because OF the form OF the &C
ton. In such case the writ may describe
the action simply "a an action OF assump
sit The pleadings in such case. except
where otherwise provided. may be tbs
same as the pleadings in the present &C
ton OF assumpsit
A bill 10 Amend and Re-enact Section
32sl OF the Code OF Virginia.
BE it enacted by the Senate and House
OF Delegates OF Virginia, That section
327i OF the Code Of Virginia be and the
same is hereby amended and re-enacted
so as to read as follows:
Section 321 Form of Demurrer Iol
Joinder IN Demurrer.-The form of de-
murrer or joinder in demurrer may be as
follows: "rhe defendant Tor plantpl
saws that the declaration (or other plead
ing) IS not (or is) sufficient in law. All
dcmurrers shall be in writing, and shall
state specifically the grounds of de-
murrer relied on. And no grounds shall
be considered other than those SO stated
but either party may amend his demurrer
by stating additional grounds. or other
wise. at any time before the trial.
Ill
a bill to repeal section 1861 OF the Code
Of Virginia.
Be It enacted by the Senate and House
Of Delegates OF Virginia. That section
1861 Of the Code of Virginia be and the
same is hereby repealed.
".
A bill 10 Amend and Re-enact Section
1856 Of the Code of Virginia.
BE it enacted. That section 1886 OF the
Code OF Virginia be and the same Is
hereby amended and re-enacted so as to
read as follows:
Section 32S6. When in Any Action on
Contract for the PaymeRt OF Money no
Plea in Bar to BE Received, or Inquiry
Of Damages Made. Unless Defendant File
with Plea Affidavit Denying Plaintiff 3
Claim. but Judgment Given Their form
any action on - contract. express or i'm
piled. for the payment OF money except
where the process TO answer the action
has been served by publication. II the
plaintiff file with his declaration an aiii-
davit made by himself or his agent, sta
ting therein, 10 the best OF atlantis be-
lief, the amount Of the plaintiffs claim,
that such amount IS justly due. and the
time from which the plaintiff claims in
tercst no plea In bar shall be received
in the case. either at rules or In court,
unless the defendant file with his plea
the affidavit Of himself. or his agent, that
the plaintiff IS not entitled, as the affiant
verify believes. to recover anything from
the defendant on such claim. or stating
a sum certain. less than that set forth in
the affidavit filed by the plaintiff. which.
as the afliant verify believes. is all that
the plaintiff is entitled TO recover from
defendant on such claim.
II such plea and affidavit be not filed
by the defendant, there shall be no in
quiry of damages, but judgment shall be
for the plaintiff for the amount claimed
in the affidavit fled with his declaration.
II such plea and affidavit be filed. and
the affidavit admits that the plaintiff is
entitled to recover from the defendant n
sum certain less than that stated in the
may be taken by the plaintiff for the
sum 50 admitted to be due, and the case
be tried as to the residue.
V.
A Bill to Simplify the Mode OF Procedure
in actions at Law and in Suits in Equity.
l. Re il enacted by the Senate and House
OF Delegates of Virginia. That whenever
Il suit is brought in equity which should
have been brought at law. the suit shall
not. for that reason, be dismissed, but the
Court shall cause an issue to be framed,
which shall be tried and disposed Of in
the same manner. as If the action had
been brought at law And whenever it
shall appear 10 the Court that the proper
relief cannot be given in a pending action
at law, the suit shall not, for thar reason,
be dismissed, but leave shall be given to
make such amendments as the Court may
deem necessary TO afford proper reief,
and the case shall then be heard and dis
posed Of as If the suit had been originally
brought in equity.
?. Any case which may be at any time
in the Chancery or Circuit Court of lEch-
mond city, and subject TO the provisions
Of section l OF this act. shall be trans
ferred from the Circuit Court Ct said
city TO the Chancery Court, AMI from the
Chancery Court of said city to the Circuit
Court. as the case may be.
s. This statute shall BE- literally con
strued, 70 the intent that justice be not
delayed or denied oy reason of the form
Of the proceeding.
VI.
A bill to Amend and Re-enact section
1859 OF the Code of Virginia
BE 1t enacted by the sepate and House
Of Delegates Of Virginia, That section
1863 Of the code of Virginia be and the
same is hereby amended and re-enacted
50 as TO read as follows:
Section 3eo9. How Plea Shall Com
-Replcations 10 Pleas.-No formal
defence shall be required in plea. II
shall commence as follows: The defend
ant SAYS that" And in any action the
plaintiff may reply as many matters.
whether of law or fact, TO the defendant s
plea as NJ may think necessary. There
shall be no other traverse of any plea
or ioinder Of -ssue on the part OF the
plaintiff than that the plaintn replies
generally" 10 such plea. or words TO that
effect; and by such traverse, or by
going 10 Trial without any traverse. the
plaintiff shall be considered as contrOVert-
ing all the material allegations of the
pea. But when the plaintiff relies upon
new matter in answer 10 the plea, Nc
shall state the same specially in his re-
plication in plain language, and the de-
PENDANT shall do the same when he relies
upon new matter in answer 20 the new
matter thus alleged 10y the plaintiff. ana
no evidence shah bo received OF any new
matter which is not 50 stated.
PAPER MONEY.
Hon. Walter u. Dabney. OF Al.
bcmarle county, Assistant Seer tary OF
state Of the United States, read an ex-
tremely Valuabl. essay on Paper
Money of the United States" He
traced the history of the famous legal
tender acts Of the United States Con-
gress from their inception to the present
time. He made no allusion to the much
vexcd question OF bimetallism, or mono
metaliism. Mr. Dabnoy IS already well
known as a writer Of decided ability on
economic questions, and in this paper he
fully maintained his reputation as a
thorough and accomplished scholar.
a SPECIAL COMMITTEE.
A resolution of great public interest,
passed on the motion of J. G. Parker
OF southampton county. secured the
appointment Of the following special COM
mittee on the State Judiciary-viz.:
]. G.. Parker, r. G. II. Kean, john X.
Tucker, +. II. Mcclure, w. A. An