The New York herald., 1921-09-30
Civil Practice Rules.
An Eminent Jurist Explains Some Of
the Simplificatlons.

To THE NEW YORK HERALD: The nev
practice in the courts of this State 81
into efrec1 on the first day of October.
While obey have been regarded witt
apprehension by many members OF tn
bench and the bar. they will be foun'
to be a vast improvement upon tn
existing technical and involved prac
tice. In view of the many inquiries re
garding Them brief statement o
some OF the berA ficent simplifications o
the practice act may not be amiss
Among them are these:
(a) An action may be severed and ac-
tions may be on,plidated whenever 1t
can be done without prejudice to sub
stantial right.-SectioE 90.
(b) At any stage of an action. special
proceeding or appeal, - mistake. omis-
sion. irregularity or dehect may be cor
rected or supplied with on without terms,
and II a substantial right shall not be
thereby prejudiced. such mistake. omis-
sion. irregularity or defect must be dis
regarded.-Section 105.
(c) An error in ruling OF trial
court must be disregarded if'a substan-
tial right of any party shall not thereby
be affected.-Section 106.
(d) No action or special proceeding
shall fall or be dismissed on the ground
of a mistake In the court in which the
action or proceeding is brought. and
whenever in any action or special pro-
ceeding II shall appear at any stage of
the proceedings. or upon appeal. that
the appropriate remedy upon the facts
pleaded. alleged or proved is different
from that asked for in the pleadings or
corresponding papers the proceedings
may be manifestations 110-111.
(e) The distinction between the orders
Of the court and the orders of Judges
is abolished.-Section 1913.
u) No action or special proceeding
shall be affected by the non-joinder or
misjoinder of parties. New parties may
be added or substituted. and parties mis-
Joined may be dropped at any stage of
the cause as the ends OF justice may
require.-Section 1872.
(g) All persons may be Joined In one
action as plaintiff. in whom any right
to relief in respect of or arising out Of
the same transaction or series of trans
actions Is alleged to exist. whether joint
ly. severally or In the alternative. All
persons may be Joined as defendants
against whom the right to any relief Is
alleged to exist. whether Jointly. sever
aVy or In the alternative, and Judgment
may be given against such one or more
of the defendants as may be found to
be table according to their respective
Liabilities. 1t shall not be necessary that
each defendant shall be interested as to
all the rclief prayed for, or as to every
cause of action included In any proceed
ings against him.
Where the plaintiff Is In doubt as to
the person from whom he Is entitled to
redress, he may Join two or moro de-
fcndants to the intent that the question
as to which. II any Of the defendants Is
liable, and to what extent may be deter
mined as between the parties.-Sections
zoo to 213 inclusive.
(h) Demurrers are abolished.-Section
OF.
ID The taking of the evidence OF par
ties and witnesses before trial Is greatly
broadened and NEUTRALITY-SUSPICIOUS. c8S-
3os.
Cd The provisions for the issuance Of
letters rogatory are greatly amplified.
Section 500.
or course much will depend upon the
attitude Of trial Judges and Of those
holding special terms. If they will bear
In mind that the practice act and the
rules relating to 1t are remedial that
they are literally to be construed; that
a failure exactly to comply with their
provisions should not prejudice right
or prevent relief; that II it affirmatively
appears that exact compliance is imper-
ative to prevent injustice. the Judge OF
court is emnowcred forthwith fo direct
the defect to be supplied. and II neces-
sary to suspend or adjourn the action or
proceeding to enable that to be done.
rrruch time. money and irritation will
be- spared. A. T. CLEARWATER.
KINGSTON, September 20.