The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-05-31


Justice. sir, is the great interest
OF man on earth. Webster.
A dispute arises. Suit Is COM
menced. Pleadings are filed to de-
fine and declare the issues with a
view OF triaI--the facts to the jury
and the law to the court This ar
ticle will deal with getting the case
az issue, impaneling and qualifying
the jury.
Throughout the states the greatest
judicial reform In the nineteenth cen
fury was the adoption of the code OF
civil pleading. What the legislature
has done for simple and short cuts In
pleading, the trial Judge must do IN
practice throughout the trial.
The old common law procedure was
filled and controlled by first. legal fc-
ton; second, technical and intermin-
able phraseology; third, artificial and
arbitrary rules; fourth. strict con-
struction. Instead 81 y contest as 10
the rights of the parties It became a
contest OF wits. skill. technical phras-
ing. finesse and legerdemain of coun-
sell The substance Of justice was
sacrificed for the forms of ancient
precedents.
For half century, Ohio, with A
majority OF the other states, has had
code of civil procedure. the chief
rules of which. as to pleading. may
be briefly comprehended In the fol-
lowing: (a) The pleadings shall be
In ordinary language. (b) They shall
be precise, without repetition. (c)
They shall state the facts which con.
stitute the cause of action or defense.
(d) AS to form, the precise nature OF
the charge or defense shall appear
from the allegations. (e) AS to the
substance. facts stated sufficient to
constitute a cause OF action or defense
under the law.
The spirit and purpose OF this code
is most aptly stated by the great Ohio
jurist who was most influential In con-
STRUNG and applying 1t In the early
days, in the following language:
when sutton appeals to the public
tribunals for justice, no subtlety OF
his adversary's lawyer should be per-
/, mitted to evade an inquiry into the
merits OF the case. and no mistake OF
his own lawyer should be an excuse
for denying to him an inquiry into the
real injury he may have sustained.
The pleadings at common law did
both and the court sanctioned Ii. The
code attempts TO remedy this injus-
tice"
The difficulties and intricacies OF
pleading will be greatly simplihed and
Justice promoted by applying the
spirit and substance of these rules In
the liberal manner intended by its au-
thors.
| MotionS and demurrers galore are
filed before q case Ia finally gotten at
issue. One-half are merely for delay
and should be summarily disposed OF.
The other half are about equally
divided between those OF clear merit
and doubtful merit. But II the spirit
| OF the code be applied. courts VIII
have little difficulty In determining
motions Of the usual order. all or
which should be solely for the pur'
| pose of clarifying the issue.
Another too common class Of mo-
I tions Is the motion for continuance OF
the case to a subsequent term. This
IL a matter generally resting in the
sound, discretion Of the trial Judge.
1t should always be exercised In the
furtherance of justice, without denial
4 or delay. Continuances In the United
States courts are the exception, In the
state courts too much the rule.
4 ManifeAtly. II the court Is In doubt
about the,sufficiency OF the pleading,
objection should be sustained SO that
the pleading may be made proof
against legH attack In the higher
josh Bilffne, though not lawyer
laid down Wholesome rule for coun
sells guidaaca\n the following illus
tration: II ntNer believe in taking
, foolish chances lIf was ever called
! upon to mourn over a dead mule,
would stand at tie head OF IT,
II II would be vel for trial courts and
! counsel TO followkhis rule In pleading
1 so that no good cause shall finally
!. suffer by bad LSleading, when By
. amendment the lame could have beer
speedily. safely Md surely cured.
Amendments Xhouid be literally al
! lowed In the fuhberance OF justice a
any stage Of case. This IN mo-