The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1909-08-03

any information at all as to what the
suit is about. Ordinarily the defend
ant is puzzled by being informed that
he was indebted to the plaintiff for
goods sold. for work and labor, for
money loaned, for money had and re-
ceived by the defendant for the plain
tiff's use, for interest and upon an dc-
count stated. The puzzled defendant
is obliged to employ lawyer to tell
him what it means, and even the law
yer can only guess what the suit is all
about. Again, it has recently hap
pened and has not been infrequent
that in litigations over the right to
Office in a municipal corporations
town, city, borough or township or in
private corporation, railroad or
business corporation-the party COM
planning has asked for a writ of GER
tiorari and the court has thought he
ought to have asked for quo war
ranto or a mandamus. He has failed
without even having the merits of the
case considered, merely because he
has failed to use the proper magical
words, just as the man in the story
said Open, Barley, when he ought to
have said Open, Sesame. Apparently
the craftsmen of this amendment
have had this and similar troubles In
mind and have, therefore, empowered
the legislature by statute or the su-
preme court by rule to prescribe mere
practice and procedure.
Probably this power would be exer-
cised in the first instance by the court,
which is more familiar with the diff
culties that arise and can act more
promptly and effectively. but the court
is made subject to the legislature and
If it goes too far can be brought back
and if it does not go far enough can
be stirred up. At the time our present
practice and procedure began the law
was more technical than now, and a
man had no right unless he could find
= precedent tor remedy to enforce
his right. Now, an ordinary man, not
a lawyer, will ask himself first, Have /
legal right? If he has, the law ought
to find him remedy. So far as con
SSAAS PAoNNANC anu pAONC0uACg ttAl bhdt
is really essential is that the defend.
ant should have notice of the claim
made against him, and he should have
a day in court and fair hearing, and
that the judge should see that record
is made up showing the exact point
tried out and determined, so that the
point may be settled once and for all.
The amendment puts 1t In the power
of the court and legislature to secure
greater simplicity aud avoid technical
tiles, but it does not alter any legal
rights nor empower the court or legis-
lature to do so. 1t merely relates to
questions of the method of procedure.
Paragraph 8 contains similar pro-
vision as to the practice and procedure
In the chancery division Probably
there is less need of reform here, as
the court Of chancery has never
thrown man out of court If he had a
good case, merely because he had fail
ed to use certain magical words. He
did not, for example, lose his case be-
cause he asked for an injunction when
he was not entitled to 1t. If he asked
for general relief and proved himself
entitled to do something, he got what
he was entitled to. The trouble here
has been that often man would have
a good case, but would be thrown out
OF court because of peculiar system,
the result of the historical develop
ment Of chancery procedure out Of the
Roman law and the development Of
what is called procedure at law out
of the English common law. The
main difference between the courts of
chancery and the courts of law has
been that the former tried cases with