The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-28

courts or the courts OF other States, where
equity Jurisprudence obtains.
The readiness with which lawyers go
into equity when they have the option
of tn two forms is well illustrated In
the case OF attachments. I venture TO
say that not one case III hundred of
foreign attachments is brought on the
law side of the court. though the plain
tiT in such cases has the option of pro-
ceeding either at law or in equity.
Get Away From Difficulties.
THE effects and desire TO get away
from the difficulties OF the needlcssly
technical and intricate system of common
law pleading in vogue in Virginia has led
otter States to adopt code of pleading
1t is, however. practically impossible TO
foresee every case that may arise and
the attempt to provide in advance a set
for every case leads to many
controverted points of pleading which.
OF course. have TO lie decided anew, and
without the guide OF a binding prece-
dent in a State newly adopting the code
system.
why should it require two suits. or
more accurately, both an action at law
and suit in equity to obtain iudg-
ment on note and to subject land to
its payment.
why should not the Judgment be OBJ
tanned by suit in equity. wherein, if neces-
sary, the debtors land might also be
subjected to the payment of the debt?
Again, there Is a large class of cases
in which the attorney is in doubt whether
to proceed at law or in equity. He files
a bill in equity. The defendant demurs
to the jurisdiction, and the trial court
sustains the demurrer. The Court of
Appeals reverses the lower court. and the
litigants, after a year or two of vexa-
tious and expensive litigation and delay.
are not one step nearer settlement of
the merits of the controversy than they
were the day the suit was instituted.
Is there any good reason why this in
tolerabe condition should exist?
Tennessee has gone inuch further
than Is proposed in my bill along the
same lines, and there the change gives
most admirable results In expediting liti-
CATION and promoting the ends of sub
stantIal Justice.
"Of course, there are details to be
worked out. but they are surprisingly
few when we consider, a change giving
so much that is new and desirable along
lines old and well known"
Among the particularly interesting bills
of the day in the General Assembly was
u measure proposed i'll the Senate by
Captain Patteson, of Buckingham, per-
hitting women to serve as deputy clerks
in circuit courts. The same bill allows
any person over eighteen years of age
to qualify as a deputy clerk. The age
limit at present is 81 years.
II was requested by residents of Char
lotte." said Senator Paterson yesterday,
."ta have the age limit fixed at eighteen
years and in drawing the bill I inserted
u clause allowing women to serve. The
law at present permits them to act as
notories. So far as know there are at
present no women seeking positions as
deputy clerks, but this law il enacted
will probably attarct number Of them.''
BY request. Delegate Jennings yesterday
introduced a bill to amend the existing
revenue law in so far as 1t pertains to
the licenses of physicians, surgeons and
dentists The amendment provides that
members of the medical profession who
pay the State tax shall not be compelled
| to pay any additional tax imposed by any
| city, town or county.
Acting jointly, Delegates ordway
Fuller, of Richmond Robert w. Withers,
of Nansemond. and E. w. Gaines, OF
Norfolk city. yesterday introduced in
the House bill Of far-reaching i'm
portance to change the existing law sc
as to enable jury In a suit brought tc
recover damages on account of loss of life
| to award such amount as may seem fail
and just Under the present law tht
limit Of damages that may be recovered
lis $4,000, regardless of what the life
|of the person killed may have beer
4 worth, as to the earning capacity, to the
| sufferer or sufferers.
a measure similar to the Fuller,
4 Withers- Gaines bill has been introduced
at nearly every session for the las
ieighteen years. 1t has been defeated, thu
supporters OF the present bill declare b.
the combined efforts of the railroad com
panies and other big corporations.
i The vital clause In the new bill read:
as follows: .'The Jury In any such actor
may award such damages as to It may
seem fair and just"
i FL The, effect is to enable the plaintiff il
an action brought for damages on &C
count Of loss of life to place an approx
Innate value on the life that carried
financial benefit to them and to deman,
a commensurate compensation.
Delegate M Rae Yesterday INTRODUCES
In the. louise III bill to. require any manu-
s'ifacturer, proprle firm or 81,