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Home > General > The Code of Procedure; Or, the New and the Old Modes of Proceeding Compared: Showing the Necessity of Restoring the Forms of Actions and Pleadings in
The Code of Procedure; Or, the New and the Old Modes of Proceeding Compared: Showing the Necessity of Restoring the Forms of Actions and Pleadings in

The Code of Procedure; Or, the New and the Old Modes of Proceeding Compared: Showing the Necessity of Restoring the Forms of Actions and Pleadings in


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ... adjudication by a full bench, the essential question having been in this manner put ofi' to the trial, had then to be adjusted and decided by the single judge, who had on that occasion slight chance for consideration, let alone the scuflie of the rival lawyers between themselves, and with him, as to what it was. There was little probability that the parties, or their lawyers, would acquiesce in his single opinion. The alternative was the appellate court and the Bill of Exceptions to take the opinion of the judges in banc. Now this is an expensive, laborious, unsatisfactory way, and as perilous as either, for raising and trying a question of law, or the legal effect of a question of fact. Were this not so, the trial by jury is not only useless but misplaced. It might have been spared altogether, had the parties been compelled, at first, to plead specially. The necessity of recapitulating, for the information of the court above, all which occurred on the trial before the single judge, is also an enormous as well as a costly disadvantage. In doing this, the parties are at the caprice of the memory or the minutes of the judge, who settles the exceptions or case; who can settle it to suit his passions, his prejudices, his indolence, his ease, his egotism, or his darling pride of opinion. No doubt, oppressed with such embarrassments, the motion often fails in many cases when it ought to succeed, and it succeeds in many when it ought to fail. The relief it gives, when it proves successful, is that of a new and expensive trial, as laborious as the former, if the question be one of fact. If it be one of law, the question is less distinctly and less satisfactorily determined on a motion for a new trial, than when raised by special pleadings, and...


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Product Details
  • ISBN-13: 9781234233952
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 40
  • Spine Width: 2 mm
  • Weight: 91 gr
  • ISBN-10: 1234233959
  • Publisher Date: 05 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Sub Title: Showing the Necessity of Restoring the Forms of Actions and Pleadings in
  • Width: 189 mm


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The Code of Procedure; Or, the New and the Old Modes of Proceeding Compared: Showing the Necessity of Restoring the Forms of Actions and Pleadings in
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