The Detroit times., 1914-11-20
DEVISE METHODS
OF SPEEDING UP
LEGAL BUSINESS
Commission Reports Bill De-
signed to Eliminate Many OF
Laws Delays
WOULD STOP DILATORY
PLEADINGS IN CHANCERf
Recommend Limitation OF Re
trials to Particular Points
Where Error IS Made


him to name such a committee for
the purpose OF revising and consoli-
dating the laws OF the state. The re-
port, consisting of 5sl pages, In book
form, was presented 10 the governor
today.
! Accompanying the report Ii the
draft OF a bill providing for the pro-
posed changes, which will be submit
ted to the next legislature.
Marriage and divorce laws will be
embodied In a special bill which has
not been prepared as yet, but which,
Iit Is said. Will provide for startling
changes In the attitude Of the law to-
ward the marital relation.
There are 22 sections In the bill
which will be presented to the legis-
lature. They provide for:
The abolition Of all common law
forms OF action except those OF as
sumpsit, trespass on the case, repley-
lin, ejectment, certiorari, mandamus
and quo warranto.
/ 2-The abolition of portion of the
distinction between legal and equit-
able proceedings by comforting the
right to transfer, instead OF dismiss
| ing. cases started on the wrong side
OF the court This would render the
beginning OF a new action unneces-
sary.
3-The abolition OF the designation
l"Register in chancery" and the desig-
nation OF the county clerk as the clerk
OF the circuit court at law and in
chancery.
THE legal designation OF lawyers
as attorneys and councillors" ana
not. as attorneys and counsellorsat-
law and solicitors and counsellorsin-
chancery cases.
y 5-The designation Of the process
| for appearance in equity cases as a
"chancery summons instead OF q
Tchancery subpoena. thus avoiding con-
fusion In the mind Of the person
served.
| s-The designation of all parties TO
suits as either plaintiffs" or "defen-
| dants.y instead of having a multi
plicity OF names to designate the
party suing and the party sued.
| IA requirement that all proofs
In chancery cases shall be taken In
open court as I'm actions at law, un-
less an order OF reference Is special
| ly made.
| S-Granting the court power to rule
on objections as to the competency.
relevancy and materiality Of evidence
| I'm chancery cases as In suits at law.
This provision will, II is believed. ex-
clude much testimony of an incompe-
tent nature, and will thus speed up
Ichancery cases. The committee re-
port, In commenting on this section.
says: I'm the trial Of chancery cases
much time Is taken up by the intro
duction of wholly immaterial and m
competent testimony. The chancesy
record is often made dumping
ground OF things introduced purely to
crafty spite and malice or with tile
deliberate intent of prejudicing the
court by matters known to be I'M
proper"
s-The abolition OF replications IN
lchancery cases.
| 10--Making. il lawful to. serve pro
cess for appearance anywhere In the
state. In law cases as well as In
chancery, where suit Is begun against
the defendant in the county OF his
residence Under the existing law, IL
a man remains away from his home
county IL Is practically impossible to
reach him at all He cannot be sued
where he 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-
cess Of service In the justice courts.
l2--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.
Establishment OF similar pro-
ceeding In garnishment cases.
14--Making the writ OF attachment
available In tort cases as well as In
cases arising upon contract.
15-Filing OF a declaration In an
cases started by writ before the pro-
cess IL dissued and the service OF
the declaration with the process.
Likev that the bill OF complaint In
chanctFy cases be served with the
process. This rule, coupled with the
abolition OF replications in equity
cases, will bring causes TO issue with
in Is days, instead OF possible so
days as at present" says the report.
16-The abolition OF all demurrers
and other dilatory pleading. In this
connection the commissioners report:
Under the existing practice a de-
murrer must be noticed for trial as
calendar cause. and II Is not unusual
for very simple legal question to
| 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 provision that all cases which
have beon On the caIondar for f.,ur