The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-01-20

court Of appeals mostly relies. in COM
ing to its decision. for they are not
only short. pointed. and suggestive,
but they bear the impress of a thor
ouIhly trained and educated mind.
No Appellated Procedure In England |
The result Of modern legislation in
England is SO satisfactory that. in
the English digeets for fully twenty |
years the title appellate Procedure"
does not appear. There is no appel
late procedure. New trials IN Eng |
land upon points Of evidence are an |
known; whereas, in America, as Pro
lessor Wigmore points out, the sport ,
ing theory OF justice, the instinct OF
living the game fair play. is SO rooted
In the profession that most of us take
It as a fundamental legal tenet, and
the judges are but umpires in the
great legal game, which is degener-
ating into a quest for error.
Amendments are literally allowed,
so tina no suit shall be dismissed on
the ground that the plaintiff has mis-
taken the remedy for procedure.
Writs and ~pleadings may be amended
at any stage of the case and q new
and different cause of action may be
a1loWed upon such terms as the court
may direct.
Answer Without Reserve.
Much can be accomplished by re-
curing all answers to be full, me
quivocal. and without reserve. For
example, if A. sue B and state that
the note in litigation Is subject to a
credit OF $4,000, 3. may not con-
tent himself with a simple denial
Of the fact alleged, but must go fur
ther and state how much he has ac-
tuaIly paid on said note. Another
wise provision Of the New Jersey
Practice Act is hat the trial court
NAV reserve 2nv nyyoSfjnn ~ lou onl
may sumbit the case to the jury up
on the alternative propositions Of law
in respect to the right to relief or
damages. In either Of such cases,
Judgment shall De entered according
to the rights as they shall be finally
tary provision is often to prevent new
trials in cases where the jury has as
sessed damages below. Demurrers
are absolutely abolished, and a mo-
ton is substituted therefor. The
pleadings shall a neither unnec-
essary repetition prolixity, scandal.
lmpertlnence, or uncertainty. Forms
Of p~leadings are set out and are very
short and concise. Thus I have en-
deavored to give some Of the i'm
poftant changes which have been re-
Gently effected in one or two States
OF our Union and in England,
A careful study Of these acts and
of the report OF the select committee
y Of five eminent New York lawyer
recently made to the General Assem-.
bly, OF that State, is desirable on the
part OF the profession.
, ABOLISH AL EXISTING PROCEED.
! URE. AND PUT TT CUP TO" TIKI
JUDGES TO CORRECT TIKI
: EVILS.
! But by far the most f~ar-reachinl
and sanitary change wrought by tn,
English Judiciary acts and the prac
:. tice act Of New Jersey is the aboli
: ton Of all existing procedure, tn,
substitution Of a few simple statute
regulating the general principles o
= procedure, and giving direction an
authority to the Judges themselves t.
: make the rules and regulations gov
= erning the details of practice. In
q word, saying to the judges: "Thes
: are your courts. You are experts il
: this business. We have implicit con
- ity. We hold you responsible TO
the. administration OF justice. l
= there be unnecessary delay in the ad
ministration of the law, correct tn
q evil. If the rules Of procedure ar
Inadequate make them workable. I
Chitty and Stephens, simplify then
H. If appeals are cumbersome and tech
9 nical get at the root Of this evil
' Code Doesn't Meet Expectations.
~ Living in a code state, and observ
/ ing it's working. | must admit thu
i the code has not fully met the ex
W pectations of it's friends In its Ell
d deavor ito regulate all the detail
! Of practice. it has itself become til
- subject Of technical construction
L which has often-time lead to the mis-
a. carriage Of justice" When the cod
oy was first promulgated in the State {
i New York, Charles O'Connor was s
a disguised with its simplified plead
ings that he said Of it hat it was 6
D. though one old woman was tellin
r her story to another old woman! 81
the great Irish advocate was in erro
The fault hes in a far different dire.
tion: the code has become too tech
IN meal. 1t was construed by a bar al
n bench which was at first hostile, ar
r its Interpretation has not general
at been in accord with its principles.
ne The condition Of affairs which
)lt have e~ndeavOred to portray, culnrina