" The trouble is that a
judgment of this kind does not finally dispose of the dispute. The
plaintiff may bring the action over again.
He may appeal from the decision or judgment and the appellate court
may rule that the trial judge was wrong and then after an interval
the case goes to a new trial just the same. By this time the plaintiff
or his lawyer may believe he has no case and desists, but the course
depends upon whether the parties have not died, grown tired, gone into
the hands of a receiver, or moved to Borneo. The jury know little as
to this state of affairs and are not interested in the preliminary
motions. The clients do not understand but think the lawyers are good
talkers.
The lawyers are interested in the point of law and believe so strongly
in their case that if an adverse ruling comes they are shocked and
surprised. The judge knows that although he grant the motion to
dismiss, he will probably allow an amendment. He is not greatly
concerned unless he foresees a possibility of settling the dispute
definitely and going on to the next case. He is anxious to try the
present action and get down to the meat of the matter but really if
they are going to insist on all technicalities he feels a little
impatient.
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