Year: 1872

Anderson


wetherell.


Appeal from Justices Court.


In this case there was a service of a
copy of the complaint and notice and a
Judgement by default in the Justice
Court.


The pleadings in the Justice Court,
though informal, must state cause of
action just the same as in this Court,
and in fact it would be monstrous if
judgment could go against anyone, in
any court, unless there was good cause
of action in fact, and it must be stated.
Common sense as well as common just
ice requires that it should be stated with
sufficient fullness so that the Judge
ment could be pleaded as bar to any
further action on the same matter. This
complaint states that Defendant was in
debted in the sum of 800 80 to Plaintiff
on special contract, dated the 18th day
of June, 1871. and that said amount tho
demanded had not been paid. Now it
is difficult to see how a judgement on
such complaint could be any protec
ton against further suits. There is but
one definite circumstance given and that
is time. Even that is not necessarily
descriptive for it need not be proven as
alleged. Besides that there might have
been several special contracts on the
same date. Who are parties to this spe-
cial contract, or what it is about, is all
in the dark, 1t might have been for
hundred dollars or thousand for aught
we know, all We know about it is that
there is 800 SO due on it in the iudo-
ment of the Plaintiff. The sum itself
as descriptive of the contract is suspi-
cious, and judgment is taken on this
withoct,proof AMI by default. Let me ask
how the Defendant could defend him.
self if sued on the real contract to-mor-
row D?


1 know the statute has provided that
the pleadings in the Justice Court need
not be in any particular form, but it is
said the only requirement SO far as the
form is concerned, is that they be such
as to enable person of common under
standing to know what is intended
Can anybody tell me what is meant by a
special contract in this case ? Is it a
written contract, and if SO, is it under
seal, or is it mere verbal contract p
The term special is sometimes used to
describe contract made by the parties
in regard to definite object in opposi-
ton to contract imposed by law; some
times it is loosely used to describe con-
tract under seal. A special contract
need not be written. though written
contract is always special. We might
infer that it was written from the allie
cation that il was dated. If conclu-
sion of law and an ambiguous word con-
vey clear idea to the common under
stan ling" it is pity that lawyers did
not have more of this common under
standing.


Now what is meant by this section of
the statute which I have just quoted
In my Judgment it is meant that if a
cause of action is really stated the form
of the statement does not matter. The
statute looks at the substance and
nothing else. For instance, if the Plain
tiff should say-B. owes me fifty dollars
for digging potatoes for him on his farm
for 25 days, last October, at two dollars
a day and he refuses to pay it. Here
would be the allegation of the amount.
what it was for, the time when and the
place where and the price per day. The
language is not technical, nor the allie
cation formal, but a man of common
understanding knows just what it meant.


Again: It is said this Defendant has
no right to raise this objection now on
an appeal. 1t is true he could have
bought this matter up here by certia-ari,
butt that is not conclusive upon him.
As the same objection can be raised on
appeal to the Supreme Court, 1 cannot
see why it should not be raised here. I
think this motion should have been for
the reversal of this judgment. but the
matter is here-my attention is called
to, and cannot see how l can avoid
passing upon it.


am of the opinion that the only way
that can do justice to these parties, is
to allow this c. tmplaint to be amended,
if desired and then to allow Defendant
to file his answer if he has any. Imake
this remark to avoid hearing arguments
and deciding the motions still slumber-
ing on this case.


The REsULT.-An Indiana journal
says that since the authorities at La
Porte placed red-headed girls on the
streets corners of nights, for Illuminating
purposes, the number of male nocturnal
pedestrians that find it necessary to hug
lamp posts to preserve their equilibrium
is astonishing. Fsf