Minnesota and Dacotah by C. C. (Christopher Columbus) Andrews
page 44 of 246 (17%)
page 44 of 246 (17%)
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statement of the facts constituting the cause of action in ordinary
and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended; 3d, a demand of the relief to which the plaintiff supposes himself entitled. If the recovery of money be demanded the amount must be stated. (Ibid. sec. 59.) While testifying my approval of this code of practice as a whole, I cannot resist saying that in many respects it is not so systematic as the Massachusetts code, which was devised by Messrs. Curtis (now Mr. Justice), Lord, and Chapman. That code is one of the best in the world. And if I may be allowed one word more about special pleading, I would say that there is no branch of law which will better reward study. Without mentioning the practice in the U. S. courts, which requires, certainly, a knowledge of special pleading, no one can read the old English reports and text books with much profit, who is ignorant of the principles of that science. A class of business peculiar to new territories and states arises from the land laws. A great many pre-emption cases are contested before the land officers, in which the services of lawyers are required. This fact will partly explain why there are, generally, so many lawyers located in the vicinity of a land office. In a community that is newly settled the title to property must often be in dispute; and however much averse people may be to going to law, they find it frequently indispensable, if they wish to have their rights settled on a firm basis. The opinion prevails almost universally in the East that a lawyer can do best in the West. In some respects he can. If he cannot do a good |
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