Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1918-02-09
WORK OF CODE REv|sERs
MOST ADMIRABLY Done
Minor Mistakes Can lie Made With.
out Destroying Work as
Whole.
TALK OF Co.oRDINATE COLLEGE
Suggestions Made as TO Taxation
Legislation by General Assembly.
Headers Of The Timcs-Dispatch
Give Views on Interesting Topics.


10 the Editor of The Times. Dispatch.
Stiff any one engaged in the active
practice Of the law examines with care.
mat part of the work Of tho r"vsers
relating 10 procedure he will at once
So. tina, IL has been admirably done.
Take. for example. section 50i6 nn
the present Code, section S"iD. which
iifrocn days noticc The result Of me
new section Is To force a trial on tho
facts in all cases. and IL prevents de-
IN many Of such cases. The majority Of
suits brought by merchants on ac-
counts. ana the like: fan under thi,
n new na. ."}ry lha
10 demurrer shall be sustained TO
d""!"ration alleging negligence Of dc.
itcndant, because the particulars Of
tScction 5IiS.I This change has been
rome Of contention time whereof the
n.incry OF man runncth not 10 the con.
irarH." In many instances, the old
procedure made the rcsu', OF such a
suit "a conclusion Of lazy from facts
su!hcienuy pleaded" Lynchhurs Tracr
ton Company rs. CUM. 1907 Virginia
-. This idea vas the basis OF the old
common law OF the carly days OF the
Roman republic. where the procedure
the pIeadcr had 10 sing his complaint
20 II" court and lie instantly lost MS
casc IL he unfortunately used the wrong
word ar SANG in words on which he
rlaced the wrong accent The modern.
up-to.datc method - 70 try the case
on the facts, and the way 10 do this ~
- make tho merits O! the case hacrco
and nc, tho form used by the plead:sr.
I tir great result u accomplished IN the
work OF our rcvIsers.
The Law relating 10 attachments has
b.cn so arranged and r.-statcd as TO
make Il casv 10 understand. Under thu
present Code, when a. LAWYER IL called
upon 10 81: out an attachment in
hurry tand that is generally the CASEY.
l. -. t~t1 kNnt Mt
an army surgeon whose duty - IS 10
snputstc the limb OF a wounded sol
d!or a, an advanced dressing station
wSilC under ihe ire OF the Eoches. The
result Is very UNCERTAIN. The propose'
new attachment lay is covered IN
chapter 26o, and - an Immense advance
on TIC present Code.
Sometimes TO lawyer can tel! wheth-
er the relief he is seeking should be
asked for In chanCcry or ~ Law. The
nu~ Code provides tscttion $3.50 'hat
no case shall bc dismissed simply BE-
cause IL Was brought on the wrong side
q, the court" otc.. but thar the plead
iuy5 may be amended and tho case pro-
cc.6eI with according I" the rights
o: tn. parties The language used In
.hc rrcuarttton ~ the new Code is
clear and tn, styi" IL frS,- class.
wonld b. c2iam.'y not d 10 a1io ~.
some -his,akrs in j, which the LcEisla
-urc ca cniily correct without destroy
I'M; tn. v o-k as a whole. or III any wa
tho reviscrs. TO state however. tina
the writer has found no mistakes IN
their work. The procedure IN our
courts needs undermining badly. ana
this Is accomplished IN the proposed
Code Tho procedure has long ago been
simulihcd in the Federal courts, and
II Will have TO Nc done IN our state
courts. whether or not the new Code i
ADOPTED.
As licensed lawyer. ,hc writer earn,
cStlv hopes that the Legislature WI!
Il. H..Fn
: & l.. lATTESpN.
Richmond. Va. February :, 1913.