Speeches, Arguments And Miscellaneous Papers of David Dudley Field 1

Cover Speeches, Arguments And Miscellaneous Papers of David Dudley Field 1
Speeches, Arguments And Miscellaneous Papers of David Dudley Field 1
Field, David Dudley, 1781-1867. [from Old Catalog]
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With- out going so far as this, I must think time one of the most im- portant elements in the proper administration of justice. Sup- pose it were certain that a cause would be better decided if the parties were allowed five years to get their proofs, and the Court five years to decide: who would think of allowing any such thing t The expensiveness of lawsuits is also a consideration of immense consequence. Dear justice is no justice to the largest daas of litigants.
When, therefore, we consider
... at how great a delay and ex- pense the common-law system of pleading must be enforced, there would seem to be no room for doubt or hesitation on the subject. The rules can be enforced only by demurrer, or by motion of the Court. In either case, the party who has made a slip must be allowed to amend ; so that, after the argument, fiiS I'A^W BEFOBM.
the partdeB are jnst where they began. The pleadings are amended, and the parties start anew. The Court have been de- ciding an hypothetical case, perhaps, and the caase will reappear before them npon some new question.


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