that upon the instructions laid before him regarding the case there is good ground for the same; that no scandalous matter is inserted in the pleading; and that it is not interposed for delay." (U. S. Equity Practice, Rule 24.) Specification e Short Forms There should be prepared, as a part of the new practice rules, short forms for pleadings and other papers generally used in court proceedings which should be enacted as a guide for all cases to which they apply. The prolixity and verbosity of legal papers do much to bring the law into ridicule in popular estimation, to engender a spirit of technicality in the minds of the profession and to promote the sporting idea" in legal practice. 66 Any change which would bring about a reform in this particular would go a long way toward simplifying procedure and dislodging the notion that the practice of the law is a contest of legal wits instead of one of legal rights and obligations. This evil has been eradicated in other jurisdictions by the promulgation of short forms for all ordinary cases which also serve as examples for other papers applicable to cases not covered by the sample forms. Short Forms (English Practice) The improvement that might be accomplished in pleadings and other legal papers is well illustrated by some of the English forms and a comparison of their brevity with the verbosity and pomposity of our own stilted forms. Goods Sold and Delivered (English Practice) "The plaintiff's claim is for the price of goods sold, and delivered. (Yearly Practice of Supreme Court (Eng land) for 1912, Vol. 2, p. 1957.) Payee Against Maker of Promissory Note (English Practice) "The plaintiff's claim is against the defendant, as maker of a promissory note for £250, dated 1st January, 1899, payable four months after date. (Yearly Practice of Supreme Court (Eng land) for 1912, Vol. 2, p. 1958.) Negligent Driving (English Practice) "The plaintiff has suffered damages from personal injuries to the plaintiff and damages to his carriage, caused by the defendant or his servant on the 15th of January, 1899, negligently driving a horse and cart in Fleet street." Particulars of expenses, etc.: "Charges of Mr. Smith, sur 66 geon. Charges of Mr. Jones, £ s. d. (Signed) "The plaintiff claims £150. "Delivered." (Yearly Practice of Supreme Court (England), for 1912, p. 1963.) Enforcement of Short Forms The English practice enforces an observance of its rules with reference to simplicity of pleadings by providing a penalty for prolixity as follows: "Such statements shall be as brief as the nature of the case will admit, and the taxing officer in adjusting the costs of the action shall at the instance of any party, or may without any request, inquire into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same." (Yearly Practice of Supreme Court (England) for 1912, Vol. 1, Order 19, Rule 2, p. 221.) While the English rules require that certain forms shall be used, the great liberality in the matter of pleadings in that jurisdiction is further shown by the rule that: "No technical objection shall be raised to any pleading on the ground of any alleged want of form.” (Yearly Practice of Supreme Court (England), for 1912, Order 19, Rule 26, p. 253.) And by the further rule: "The Court or a Judge may at any stage of the proceedings order to be struck out or amended any matter in any indorsement or pleading which may be unnecessary or scandalous or which may tend to prejudice, embarrass, or delay the fair trial of the action; and may in any such case, if they or he shall think fit, order the costs of the application to be paid between solicitor and client." (Id., Vol. 1, Order 19, Rule 27, p. 253.) Short Forms (N. J. Practice) The New Jersey practice rules contain a set of short forms and provides: 6 "The forms appended in Schedule B,' or like forms shall be used so far as they are applicable." (Practice Act (N. J.), 1912, Rule 4.) Book Account (N. J. Practice) "1. He sues for the price of goods sold and delivered to the defendant upon a book account, of which a copy is attached hereto, and the whole of which is due and unpaid. "Plaintiff demands, as damages, the amount due thereon, being $500 with interest from. (Practice Act (N. J.), 1912, Form 4.) Promissory Note (N. J. Practice) "1. He sues for the amount of a promissory note for $1,000 made by the defendant, Richard Roe, to plaintiff, a copy of which is hereto annexed. 2. Plaintiff still owns said note. It has not been paid. “Plaintiff demands, as damages, $1,000 with interest from Act. (N. J.), 1912, Form 6.) Goods Sold and Delivered (N. J. Practice) (Practice "1. He, being a merchant doing business in Trenton, did, between July 1, 1911, and October 1, 1911, sell and deliver to the defendant sundry goods, under an agreement between the parties, that plaintiff should charge defendant a reasonable price for the goods so sold. 66 2. The amount due on the account on October 1, 1911, charged with conformity with said agreement, was, and still is, $500. "3. Defendant has not paid the same. "Plaintiff demands, as damages, $500 with interest from .. (Id., Form 5.) |