578
The Green Bag
Transcripts must indicate every suc cessive stage of the suit. All transcripts of record from trial courts, on appeal, shall be made and filed within forty days after the appeal is taken. The Texas Bar Association was asked some time ago to suggest changes in the methods of the courts of that state for the purpose of freeing procedure from over-technicality. The objection was raised that the reforms it proposed did not go far enough. Eight Appellate Court judges met in Austin in October and decided that hereafter no judgment in a civil case should be reversed because of any error that had been committed in the trial of the case " unless the Appel late Court shall be of the opinion that the error complained of was reasonably calculated to cause, and probably did cause, the rendition of an improper judg ment in the case." This rule, or rather proposed rule, further provides that " if it appears to the court that the error affects a part only of the matter in con troversy, and the issues are severable, the judgment shall only be reversed and a new trial ordered as to that part affected by such error."
of the act and those guaranteed by the state constitution. The evil of delay is dealt with by abolishing demurrers and dilatory pleas, for which a summary disposition on motion is substituted, by denying appeals before final judgment except from a commissioner to a court of first instance, and by forbidding rever sals unless it shall appear that the sub stantial rights of a party have been injuriously affected. The object of these provisions is to enable points of procedure to be disposed of summarily, on motion, that the case may proceed upon the merits to final judgment. Exceptions and writs of error are abollished. Lastly, the settlement of the entire controversy in one suit is pro moted by the establishment of a single form of action, as in England and the code states, the object of the pleadings being simply to state the facts constitu ting the cause of action and the defense. There are permissive provisions making possible the joinder of all parties directly involved in the controversy. The join der of any causes of action is permitted, with a few express exceptions. Plead ings are placed entirely under judicial control, and must be according to rules of court. Appeals are substituted for writs of error in civil cases, and seem to permit re-examination of the entire record, subject to the provision before noted that it must appear that the substantial rights of the party have been injuriously affected.
New Jersey, which has been one of the few states to retain a distinct equity system, has joined the new movement in procedure by adopting a practice act which abolishes the distinction between suits at law and in equity. Three prin ciples are applied, judicial control over procedure, minimum of delay upon points Personal of procedure, and the settlement of the Lord Justice Fletcher Moulton of the entire controversy in one suit so far as practicable. The practice act does not English Court of Appeal took his seat cover many details which may be re in the House of Lords with the usual gulated by rules of court. Judicial formalities on Oct. 14, with the new title control is made possible by discretion of Lord Moulton of Bank. Mr. Justice Hughes of the United vested in the Supreme Court to supersede or suspend all statutory and traditional States Supreme Court was elected hon regulations heretofore existing save those orary president of the national Delta
