The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-02-24
STRONG PAPER.
PRESENTED BY
GEO. c. BEOE[[

MOST INTERESTING PAPERS
HEARD BY LAWYERS.
One Of the several Interesting ad-
dresses before the State Bar Associa-
ton yesterday was one by George C.
Bedell Of Jacksonville, who read an
address on the Outlook For Procedure
Reform In Florida" taking as a basis
the recommendations for reform ia the
procedure OF the federal courts made
by the American Bar Association last
summer and endorsed by President
Taft In his message to the congress
now in session. These substantially
reproduce reforms in court proceedings
adopted in England some years ago.
Mr.. Bedell in his address outlined
the changes in the Florida statutes
necessary to bring about the changes
accomplished in England. and said:
TN England they have done away
with the refinements OF equity plead
ings and practice that few since Judge
Story's time have professed to know
and fewer still have mastered, and
today In England a plain, clear state
ment Of the case with a prayer for ap-
rropriate relief serves equally we'll in
law or In equity. and SO it is in the
statement OF defense. and bills origin
al, supplemental and in the nature Of
supplemental, with the nice distinc-
lions between the several sorts, and
answers and answers in support Of
pleas. with all OF the incidental per-
plexities are no more"
Review Of Reforms.
He reviewed the various portions Of
the reform legislation In England with
respect to pleading on the law side,
and said:
There would seem to be nothing in
these provisions that would explain
the remarkable expedition attributed
to the English procedure by those who
have given It attention, but from that
standpoint what would seem to be Of
the most interest is the innovation
with respect to demurrers In fact.
demurrers. as we know them, have
been wholly abolished. Their 25th Or
der Is as follows:
0. XIV. r. 1, mo demurrer shall be
allowed"
o. XIV. T. 2, ANY party shall be en-
titled to raise by his pleading any
point of law, and any point SO raised
shall be disposed of by the judge who
tries the, case at or after the trial pro-
vided that by consent of the parties, or
by order OF the court, or judge on the
application of either party, the same
may be set down for hearing and dis
posed Of at any time before the trial."
0. XIV. +. 8, IF, in the opinion of
the court or a Judge, the decision OF
such point Of law substantially dis
poses of the whole action, or of any
distinct cause Of action, ground Of de-
fence, set-off, fcounterclaim, or reply
therein, the court OF Judge may there
upon dismiss the action or make such
other order therein as may be just"
Anything more sensible than this
would be hard to conceive of.
TN Florida, a suit is brought against
a railroad for negligence. The attorney
anticipating some conflict in the testi-
mony and entertaining some doubt as
to just what the proofs will develop on
the trial states his case in four counts,
each differing from the other in the
facts stated Now one of those counts
may or may not correctly state the
case submitted at the trial They can
not all correctly state it, because each
| conflicts with the eother.
yet the defendant railroad COM
pany invariably demurs to each of the
counts, and the progress of this cause
and every other cause in the circuit
| is stayed while there is solemnly argu-
| ed, considered and adjudged the suf-
| ficiency in law of at least three and
possibly four hypothesis of fact that
are without any foundation in the
proofs.
Would Not BE Tolerated.
| Nowhere in human affairs would
such a waste Of time and energy be
tolerated except in court house.
1.-THE vast judicial business Of the
British Empire has gotten along with
out it for a generation. We can Gen.
tainly profit by their experience.
| 1T is evident this provision of the
practice that avoids such results as
we have all of us seen where compare
| lively simple cases have gone by term
after term awaiting the settlement of
pleadings upon questions of law that
reserved until the trial for settlement
would never have to be settled at ALL
! ITO illustrate: I have in mind a suit
brought upon a contract never ex-
pressed in formal terms but resting
partly In writing and partly in parol
The pleader anticipating a discrep-
ancy in the proofs and to avoid a We
rance at the trial, stated the con-
tract in half dozen different ways
The defendant in his pleas set up his
version of the affair with slightly less
variation. When nearly four years af-
ter its institution the case came final
ly to trial upon the only real question
between the parties, that is what was
the real contract entered into between
them. the court had stopped to give
construction to seven or eight different
contracts, and determined what would
constitute breach and performance of
| each, when in the nature of things
there could only be one contract and
what that could only be determined in
the light of surrounding facts and
circumstances to be put in evidence
at the trial. That period of four years
Of argument and consideration so far
as that case was concerned has been
little more than wasted time.