Full and Complete Analytical Index
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| Hersteller: | Forgotten Books (Birdseye, Clarence F.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Full and Complete Analytical Index: Code of Civil Procedure, Statutory of Law, State of New York The recent history of legal procedure in New York state is neither encouraging nor edifying. The codes of procedure in the civil courts have immensely increased the work of the judges and delayed the administration of justice. In the seven years immediately preceding the adoption of the Code of Procedure in 1848, there were less than 200 reported cases upon practice, and these related principally to arrest, attachment, certiorari, injunction, mandamus and other subjects that really affect substantive rights rather than questions of procedure. But in the seven years after 1876, there were more than 200 reported decisions on a single section of the Code of Civil Procedure, which had been first enacted twenty-five years before, and which had been nine times amended in the attempt to make it state the law. The Code of Procedure, although not complete, was far simpler and move available and scientific than the heterogeneous mass of legislation now known as the Code of Civil Procedure, and presented a far smaller line of attack through amendments. What little of so called scientific arrangement and substance there was in the original enactments of 1876 and 1880 has been lost in the subsequent twenty-five years of amendment and tinkering to cover isolated cases of imagined hardship or improvement, regardless of the effect on the whole work. To-day the code is no longer the servant of the courts and the bar. but their master. It perplexes the bench and requires constant construing. It defeats justice rather than aids it. It lends itself to delay and tiresome litigation where these are sought, and it mystifies the painstaking lawyer who honestly seeks to fathom its meaning. Its evident tendency is to distract the attention of the court, from the vital question of whether the defendant is indebted to the plaintiff, to the quite immaterial question as to whether the plaintiff is unerringly pursuing the devious, intricate and blind path that is somewhere laid down for him within the covers of the Code of Civil Procedure. Over all this incongruous aggregation of long and involved sections has been thrown a mass of legal decisions running up into the tens of thousands, and often and necessarily conflicting. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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