DocketNumber: No. 33
Citation Numbers: 5 Ga. 311
Judges: Nisbet
Filed Date: 7/15/1848
Status: Precedential
Modified Date: 1/12/2023
By the Court.
delivering the opinion.
The only point insisted upon in the argument of this cause, may be understood by the following recital: To an action on a promissory note, the defendant, among other things, plead want of consideration in this, that the land for which it was given belonged to him, he having a title to the same under the Statute of Limitations of this State. The plaintiff did not demur to the plea, but went to the jury with his case. Upon the trial the defendant proved his possession for seven years, the term of limitation under our Statute. The plaintiff, in rebuttal, proved that the grant from the State for the land had not issued at the time the defendant’s possession commenced, and that from the date of the grant to the purchase of the land by the defendant, the term of seven years had not elapsed. The grant, it was farther proven, issued to the plaintiff. Upon this state of facts the presiding Judge instructed the jury, among other things, that if the plaintiff had a grant to the land at the time the contract of sale to the defendant was made, and had made no previous conveyance of it, the defendant’s title was not good, and therefore the defence was not sustainable. He also instructed them that by the laws of this State, no written replications in pleadings in actions at law were allowable; that our Statute required the cause to be submitted to the jury on the petition and answerwithout replication, and although issues were taken on the defendant’s pleas, yet the plaintiff’s right to recover did not depend upon the truth or falsehood of the pleas, but upon the law of the case as made out by the evidence.
The defendant requested the Court to charge the jury, that, although no replications are allowed in this State, yet if the plaintiff has taken issue on the pleas of the defendant, and the evidence submitted sustains any one of them, they must find for the defendant, which the Court refused to do, and thereupon he excepted.
Our opinion is with the presiding Judge. The object of pleading is to bring the' point in dispute between the parties, at as 'early a stage in the case as possible, to a single issue or point which is not multifarious or complex. This is attained in England by declaration and plea — replication and rejoinder — surrejoinder— rebutter and surrebutter. The English forms of pleading, to a great extent, are abolished by our Statute, which, in terms, forbids replicating and all pleadings subsequent thereto. The Judiciary act of 3 799 requires the plaintiff in his petition, plainly and distinctly to set forth his charge, allegation, or demand, and the defendant plainly and distinctly to set forth the cause of his defence. It farther declares, that the petition and answer shall be sufficient to carry the case to the Jury,without any replication •or other proceedings. Prince, 420, 421.
The Legislature no doubt supposed that the matters in dispute are sufficiently brought to an issue, by the petition and answer. They desired to simplify the complexity of the British pleadings; to reduce the weight of their overburdened records, and to prune the unseemly and verbose excrescences which exhaust the strength, and mar the beauty of that most excellent system. In my judgment they pruned too deeply. They should at least have spared the replications. In simply doing too' much, they have defeated the end proposed. Instead of order, the Act of 1799 has introduced confusion into our records, and made them unintelligible in foreign jurisdictions. The wisdom of what is called special pleadings, is daily being asserted in the inconveniences and ab
A great deal might be said in favor of a modification of our Law, in this regard. This, however-, is not the place to say more.
Let the judgment he affirmed.