The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-01-11

tho motion as comprehensive as actions
at law In all cases, to safeguard tho
rights OF tho defendant as well as
cases to assimilato tho procedure by
motion to that by action. The section,
as drafted, also defines who Is prima
tacio an agent. and throws upon the
adverse party tho burden OF showing
tfat person who makes an ahldavit
under the section was not tho agent
OF tho principal In whose behalf tho
affidavit is offered Tho provision
about discontinuancc In tho latter
part or tho present section 3211 Is In
tentionally omitted. rs it Is not only
unnecessary but misleading, and is
amply provided for by section 1924 of
the Code.
The section as proposed is as follows:
Any person entitled to recover
money, damages or n penalty In an ac-
tion at law may, on motion before any
court which would have jurisdiction
Of such action. obtain Judgment for
such money, dainagea or penalty after
hfteen days notice, which notice shall
be returned to tho clerks office Of such
court within ivo days after tho SER
vico OF the same. and after such ff-
teen days notice the motion shall be
docketed. IL both damages and q PEN
atty are recoverable In a single action
under section 1900 OF the Code as
amended by the act of March %, 1902,
they may be recovered on q single
motion under this section.
III the motion be upon an account,
the plaintin shall nle with his notice
an account stating distinctly the sew
oral Items Of his claim, unless they be
plainly described in tho notice, and II
the plaintiff file with such account an
affidavit such as is prescribed by sec
ton 1885 OF the Code on tho part Of
the plaintiff in an action Of ussumpsit,
no plens I'm bar or defense TO the merits
shall DO received on the part Of tho
defendant unless accompanied by sucn
affidavit. as 10 prescribed By tho last
mentioned section on the part OF the
defendant In an action OF assumpsit
il such plea or defense and affidavlt
be filed by the defendant, and the am
davit admits that the plaintiff is on
titled TO recover from tho defendant a
sum less than that stated in the affi
davit for the plaintiff. Judgment may
be taken by tho plaintiff for the sum
so admitted 10 be due. and the case be
tried ne TO tho residue Any person.
other than the plaintiff or defendant
making an affidavit under this section
shall DO deemed to be agent OF the
plaintiff or the defendant. as the case
tc appear.
Evidence.
Our laws OF evidence are. In tho
main. fairly good. but some things
have been allowed to remain simply
because they have been overlook ed !:
others because no definite and nxed
opinion had bcan formed concerning
than, md upon others thcro was a con-
fict of opinion. we invite attention
to some OF these. The rules OF evi-
dcnce, as We have them. are chiefly
rules of exclusion growing out of the
fact that most questions of fact In
actions at law arc to be tried by a
jury, and there is always danger that
they will BE- confused by certain class ca
Of evidence, or will give undue weight
thereto.
But juries are composed OF the rank
and file Of our citizens, and 1t would
seem that whatever Is accepted by
them in the ordinary affairs of life. as
helpful IN determining questions to
be settled by them, ought likewise to
be received by them when discharging
the important functions OF Jurors. and
such, we believe is tho tendency OF