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Newspaper Page Text
V , THE LAWS DELAY
How the (?oupts xf Ontario Get Quick Administcalaon o Justice
' , by tfie Application of Common-sense Methods Va
in Their Court Proceedings. "
By Judge R. M. Wartamaker.
Wh are tpe Ontario courts
and judges so far in advance 'of
''our Ohio courts ami judges?
First in the OVtario courts
their pleadings are very simple,
dealirig with the facts rather-than
the forms-of the" real controversy
between the parties.
Civil codes of practice have
been' generally adopted in a ma
jority of our states in-order to
simplify and shorten r legal pro
cedure, but the judges, have often
bled such codes tQ death by techH delay, whifch exists atnong us on
nical interpretation along jlq
Second They have- few mo
tions challenging' the sufficiency
of any pleading and in not to ex
ceed 10 or 15 per cent of all their
cases are pleadings attacked for
legal insufficiency. j
Third They have no demur
rers. v -
, Fourth--They seem disposed'
to want to get at all .the facts un
hampered Jby mere technical
There are fewer disagreements
Objections to questions and fewer
arguments upon the objections.
Fifth The evidence h strictly
confined tq the real facts in con
troversy. Sixth Verdicts . of,, juries and)
judgments oti courts are more
rarely disturbed, than an .our Ohio
Seventh 1hey have no mo ,
tions for newjftrial.
Eighth A large part of their,
cases-aredecJdea from the hench
at the conclusion of the agu
ments, whiler here in Ohio the
contrary rute-appears and the
case is taken under advisement
and held ofttimes for many'
months ana sometimes longer.
In shorfc the "Ohio consti
tutional riiJe for "speedy justice"'
administered without denials or
paper prWprevails with our Cart-'
avians uip practice, as air uwen-t
holm Faifcombridge -remarked tol
me : ,rVfe never permit -our legal!
businessfto lag, things move nQJt?
mereiyapng the lines of the law,
hut for fflte promotion and admm-t
Istratioa-oi substantial justice."
They? have fewer, jury trials'1
than wd'ihave in Ohio. There are
Sight general class.es of cas.es f
whereury trials are allowed, to
witi fiibel, Slander, Criminal
Conversation, Seduction, Malic-'
ious pfrosecutian, False imprison-!
mentand Negligence cases gen
eralrji'excepting against munict
There are a few other excep-
tionaJJ cases where iurv trials arc
allow? ed, but in all other cases the
matter is-for the court.
Taej; take the position thatiaj.