The Man in Court by Frederic DeWitt Wells
page 59 of 146 (40%)
page 59 of 146 (40%)
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RULE III. Pleadings must not be argumentative.
RULE IV. Pleadings must not be hypothetical or in the alternative. RULE V. Pleadings must not be by way of recital, but must be positive. RULE VI. Things are to be pleaded according to their legal effect. RULE VII. Pleadings should observe the known forms of expression as contained in approved precedents. RULE VIII. Pleadings should have their proper formal commencements and conclusions. RULE IX. A pleading which is bad in part is bad altogether. These are pleasant rules for a layman to understand, and any time he has a day off or a holiday he should study them. "Shocking," cries the old-fashioned reactionary lawyer, "What! Do away with pleadings, you might as well do away with the whole case. Pleadings are like the rails for a train. No one on the train sees them, but take away the rails and the train would not go very far. Pleadings are the groundwork of the trial." He grows more and more indignant. "The trouble with the modern courts is that they do not know what they are about. If this business of loosening the forms of pleadings had not taken place, lawyers would be better prepared when they came into court and there would not be this floundering about. The good old common law pleadings were the thing. It was a great mistake when they were abandoned. Then everyone knew where they were. If there was a mistake in the pleading then the whole case was thrown out of court. That was as it should be. Men had to be good and careful lawyers in |
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