Legal Procedure. — Only those who have to suffer the infliction of listening to the progess of civil suits in our courts can form any conception of the time wasted in discussing and re-discussing questions of law, which are settled only to be brought up again at the earliest opportunity, backed up each succeeding time by an array of “cases.” on which the judge is asked to rescind all bis previous rollings. In the case before, the Supreme Court to-day, points raised at the trial of Hunter v. Will some months ago were opened and argued de novo, fully four out of the six hours during which the CouH sat being occupied with their discussion. Mr Barton, illustrating the necessity for raising them rt the ousot, said the costs in Hunter v. Will were swelled by L4OO, because the simple question, “whether an architect gave a certificate for the disputed works,” was not put until a week of useless argument had been gone through. To-day point after paint was raised, until the Judge, fairly heat at last, had to admit that they came so fast that he was unable to seize the question and the objection made to it. Better that the legal gentlemen could come to an agreement among them* selves to adopt the advice of Judge Forbes of Victoria—“ Keep to the facts of yonr case”—-and argue all law points in banco. What a relief it would be to jurymen.
(For continuation of news see fourth page,)
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Bibliographic details
Evening Star, Issue 2943, 25 July 1872, Page 3
Word Count
248Untitled Evening Star, Issue 2943, 25 July 1872, Page 3
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