The New Jersey practice act (1912) and rules, annotated, with new forms adapted to this procedure

Hartshorne Charles Hopkins 1851-

Sujets

• Civil procedure
• New Jersey

Informations

• Publié par: les_archives_du_savoir
• Nombre de lectures: 5
• Langue: English
• Poids de l'ouvrage: 10 Mo

Extrait

THE LIBRARY
OF
THEUNIVERSITY
OF CALIFORNIA
LOSANGELES
SCHOOL OF LAW
GIFT OF
Bar AssociationEssex CountyTHE NEW JERSEY
PRACTICE ACT (1912)
AND RULES
ANNOTATED
WITH NEW FORMS
ADAPTED TO THIS PROCEDURE
BY
H.CHARLES HARTSHORNE
111
OF THE NEW JEKSKY BAR.
N. J.NEWARK,
SONEY & SAGE
1912r
Copyriarht, 1912,
By CHARLES H. HARTSHORNEIll
PREFACE.
It is not intended to offer here a treatisegeneral upon prac-
tice but such asor notes aidpleading, only explanatory may
in new to the oldthe the methods : forpractitioner adapting
it should not be that the new radical as areforgotten system,
the made has still the common lawit,changes by procedure
for its basis. Neither is it intended to offer a set ofcomplete
but to illustrate the new meth-forms, enough only adequately
ods of and the more and flexible forms ofpleading simple
that will be used in the new practice.judgment
Most of the forms of are taken from the Con-
pleadings
Practice or less modifiednecticut Book, but these are more ;
a few are from Bullen & Leake's Forms under theEnglish
Common Law Procedure modified to conform to ourActs,
new rules of and are new.pleading; many entirely
The annotations to the Act and Rules cannot beusefully
made full a considerable number oftillvery judicial interpre-
tations of shall A fewthose have been made. Eng-regulations
lish and Connecticut cases are referred to in the notes, but not
of the of the rules in those aremany provisions v jurisdictions
identical in with our and most of theirown,language judicial
decisions them will be found to beinterpreting inapplicable
here.
The Acts and withEnglish Judicature Rules, copious
be found in The Annual Snow,annotations, may Practice, by
& or in The Court Practice,Burney Stringer, Yearly Supreme
in London.Mackenzie & Both areby Chitty. published yearly
AnThe latter is in the state law at Trenton. excellentlibrary
treatise on the new is andEnglish procedure Odgers' Pleading
Practice (London, 1903).
The Connecticut Practice without the is in theAct, rules,
volume of laws of that for atstatepamphlet 1879 page 432.
The rules be found in Conn. The act and themay 58 561.
with some were first inrules, annotations, published together
Beer's Connecticut Practice. This is now out of Theprint.
other of is The Connecticut Practicethemonly publicationJV PREFACE.
Book but in that book the sections of the act of(1908), 1879
other toare interspersed among provisions relating procedure.
a table in the book which the sectionsThere is, however, by
be found under their old numbers.of the Practice Act may
Connecticut made in thisThe references to the volume,Act,
numbers the references to theare to the section
;original
in TheConnecticut rules are to the Practice Book
(1908).
The New Practice Act and Rules wereJersey (1912) pre-
a committee of the State Bar Associationpared by appointed
its William M. under a resolution ofby president, Johnson,
at its annual inthe Association meeting June, 1911adopted
Book(Year (1911-12), p. 28).
The committee consisted of Charles H. Hartshorne (chairman) ;
Court Francis and vice-Supreme justices, J. Swayze James J. Bergen ;
Edwin R. Walker andchancellors, (since appointed chancellor) James
E. Howell of the Bennet Van
; ex-justices Supreme Court, Syckel, John
Franklin Fort and Gilbert of the CommonCollins; ex-judges Pleas,
Alfred F. Skinner and H. and also Senator S.Gaskill,Joseph George
Silzer and Messrs. William M. and Frank H. Sommer. TheClevenger
anddrafts of the Practice Act, Rules, other measures thereported by
a of chairmancommittee were made sub-committee theby consisting
and Messrs. Skinner and who were assisted at several ofClevenger,
their Van The drafts themeetings by ex-justice Syckel. prepared by
sub-committee were in minor details the full committee.changed only by
The committee four bills to the Association at areported
held in January, 1912,special meeting namely
1. The Practice Act with Rules and Forms;(1912)
2. The Transfer of Causes Act;
An Act that law courts determine3. providing may equi-
table ininvolved law and thatquestions cases,incidentally
the Court of determine inci-Chancery may legal questions
involved in cases
;dentally equity
A Married Women's Act.4.
All these bills were the theAssociation,approved by except
which was because it was doubtedthird, disapproved, partly
whether the constitution the to conferpermitted legislature
the that but I be-bill, more, think,jurisdiction proposed by
cause of the traditional of the of this stateprejudice lawyers
the now exercised ouragainst enlarging equity powers by
law courts. It is not to the credit of our bar that the satisfac-