RULE VIII. Pleadings should have their proper formal commencements
and conclusions.
RULE IX. A pleading which is bad in part is bad altogether.
These are pleasant rules for a layman to understand, and any time he
has a day off or a holiday he should study them.
"Shocking," cries the old-fashioned reactionary lawyer, "What! Do away
with pleadings, you might as well do away with the whole case.
Pleadings are like the rails for a train. No one on the train sees
them, but take away the rails and the train would not go very far.
Pleadings are the groundwork of the trial."
He grows more and more indignant.
"The trouble with the modern courts is that they do not know what they
are about. If this business of loosening the forms of pleadings had
not taken place, lawyers would be better prepared when they came into
court and there would not be this floundering about. The good old
common law pleadings were the thing. It was a great mistake when they
were abandoned. Then everyone knew where they were. If there was a
mistake in the pleading then the whole case was thrown out of court.
That was as it should be. Men had to be good and careful lawyers in
those days.
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