The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1914-11-19

Continued iron iase cAe'
less An order OF reference is special
~ made.
s-Granting the court power TO rule
on objections as 10 the competency
relevancy and materially OF evidence
in chancery cases as in suits al Law.
This proyision will, IL is believed, ex-
clude much testimony OF an incompe-
tent nature, and viii thus speed up
chancery cases. The committee re-
port, In commenting on this secuon,
SAYS: I'm the trial OF chancery cases
much time is taken up by the intro
duction OF wholly immateriai and N
competent testimony. The chanceiy
record is often made q dumping
ground OF things introduced purely to
crafty spite and malice or with the
deliberate intent OF prejudicing the
couzt~ey matters known to be I'M
proper"
e-The abolition of replications in
chancery cases
1O--Making II lawful to serve pro
cess for appearance anywhere In the
state, in law cases as we'll as In
chancery, where suit Is begun against
the defendant in the county or his
residence. Under the existing law, II
a man remains away from his home
county IL Is practically impossible TO
reach him at ALL He cannot be sued
where lie is, for the Law requires that
suit be brought IN the county OF his
residence. II he Is sued in his county
OF residence, service cannot be had.
1.-THE adoption OF similar pro
L. CrfIrfa
12-Empowering the courts from
which an execution issues TO issue a
restraining order. thus obviating the
necessity OF separate injunction
proceeding before leVying upon shares
OF stock. Under the present act no
levy upon stock is binding until an
Injunction has been served upon the
owner restraining him from trans
ferring his stock.
1s-EstabIishment of similar pro
ceeding In punishment cases.
14-Making the writ OF attachment
available in tort cases as well as In
cases arising upon contract.
15-FiliAg OF a declaration IN an
cases started by writ before the pro-
cess Is dissued and the service OF
the declaration with the process,
Likewise that the bill of complaint IN
chancery cases be, served with the
process. This rule, coupled with the
abolition OF repllcations In equity
cases, will bring causes to issue with
In 10 days, instead OF a possible 50
days as at present" says the report
1.-the. abolition OF all demurrers
and other dilatory pleading. In this
the commissioners report:
Under the existing practice de-
murrer must be noticed for trial as a
calendar cause, and il Is not unusual
for very simple legal question 70
be made the means OF from six
months TO years delay In the lower
court, by means OF a demurrer or
other dilatory pleading. Then too the
statutes give an appeal from an order
overruling demurrer in equity as
matter OF course. and allow an appli-
cation to be made for a writ of GER
tiorari In law cases. The supreme
court OF the United States has abol-
ished demurrers and substituted there
for the proceedings We have pro-
posed"
1.-THE abolition OF notices Of trial
and the placing upon the term cal
endar OF all cases at Issue on the
tenth day before the first day OF term,
and q provision that all cases which
have been on the calendar for four
years and inactive during that period
be placed under separate heading
and, unless cause is shown TO the con-
trary in the first day OF the term, their
dismissal without prejudice.
1S--Abolition OF all sham defenses.
No adequate remedy exists" saws
the report. IF man is sued upon a
promissory note upon which he has
not a shadow OF defense all he has
to do Is to come into court and say,
The defendant demands a trial Of
the matters set forth in the plaintiff s
declaration and then the case stands
until the next term OF court. He
might even admit that he owed the
debt. yet IL his attorney file his de-
mand in writing with the clerk all
the powers of the law and OF tho
courts are helpless"
19--Abolition OF new trials in eject
ment cases. and provision that.
when new trial IL granted. II shall
be only OF the issue or issues as TO
which error was committed.
20-Abolition OF the practice Of set
ting aside judgments or granting
new trial by any court In any civil
case 'if, in the opinion OF the court
after an examination OF the case, the
result is manifestly just and In 40
cordance with the rights OF the par
ties"
22--Revision of garnishment pro-
oadira en- that a dahtor'a axamntfoua
cannot be tied up.