He knows that even if the defendant is right and the pleadings are
defective because the stenographer forgot to insert a date, it can
still be put in. Recent legislation has found it necessary to say that
the courts should allow amendments of pleadings where "Substantial
Justice" will be accomplished thereby. It is a commentary on the
system of the courts that the people through its legislatures should
find it necessary to pass a law that judges should amend paper
pleadings in furtherance of justice. If justice and right depend upon
pieces of paper to such an extent, the dry formalism of the courts is
a matter of regret.
The next important motion is when the plaintiff has put in his
evidence and has rested. "The plaintiff rests," the lawyer says.
The judge and the jury say to themselves, "Well it is half over."
The defendant's lawyer rises and says, "I move to dismiss on the
ground that the plaintiff has not made out a cause of action. He has
not shown that the cow was owned by the defendant, or he has not
shown that the driver of the plaintiff was free from contributory
negligence, or he has not made out any kind of case at all."
This is an anxious moment for the young attorney.
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