TUESDAY, NOVEMER 4, 1930
THE MI"CHIGAN D A ILY
Text
of
Mic u"t*g'an
Legal
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COUBT PROCEDURE
Michigan Supreme Court Adopts
Commission Reports on
Appellate Rules.'
SIMPLIFICATION IS A I M
(Continued from Page 1)
Cummins as chairman and Edson
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R. Sunderland as secretary.I
The Legal Research Institute of
the University of Michigan provided
the Commission with a draftsman,
by enabling Professor Sunderland,
director of the Institute and pro-1
fessor of Legal Research in the Uni-
versity, to devote a large part of his
time for a period of two years to
the work of preparing the new
rules.
After many conferences the Com-
mission issued a preliminary report,
in October, 1928, several hundred,
copies of which were published in
mimeograph form by the Legal Re-
search Institute and distributed
without charge to the members of
the state bar and others who were
'interested.
This report was widely discussed
among the local bar associations of
the state during the winter of 1928-
1929, as a result of which a large
number of suggestions were received
by the Commission. These were all
considered and many were approved
and embodied in a supplementary
report submitted to the Supreme
Court, May 28, 1929. A Fitnal Amend-J
ed Report was then prepared by the
Commission in August, 1929, con-
stituting a consolidation of the
original and supplemental reports.
This was printed by the Legal Re-
search Institute and more than 2000
c o p i e s w e r e distributed gratis
throughout the state. It served as
the basis for a public hearing upon
the proposed new rules which was f
held in Detroit on September 12,1929,
at a session of the Michigan State i
Bar Association, in which the mem-
bers of the Cqmmissi'on, several of
the justices of the Supreme Court
and many lawyers participated. This
completed and closed the 'work of
the Commission, and the whole
matter of the revi'sion thereupon
rested with the Supreme Court.
At the request of the Justices of
the Supreme Court, Professor Sun-
derland has served as draftsman for
the Court in making such altera- trial of the cases, as to the skill and ceptions was invented and author-
tions in the proposed rules as were ability of the judges who adorn ized in that year. Both are still
deemed advisable, and in harmon_ the bench. used in Michigan in substantially
Discovery is one of the primary their original form. Writs of cer-
izing other rules with the changes titles in the books on English pro- tiorari can be traced back to the
so made. eidfloigteNra*o-
The Legal Research Institute of cedure. It is a controlling feature period following s them.TormanCon-
The ega Reearh Istiuteof]in every case which comes into the quest and we still use Ili(.l. To
the University of Michigan now I this day we quote and follow the
High Court. Each party is subject very language of judges who do-
p to be called upon for discovery of scribcd their scope and purpose a
visitn of Michigan procedure by all the documents which he has or hundred years before the American
publishing the rules in their final has ever had in his possession. He Revolution. Michigan reports are
form as adopted by the Supreme may be called upon to admit facts full of cases reviewed by the an-
Court and offering them to the in order to save his opponent the cient writ of mandamus. Along
members of the bar of Michigan at expense of proving them. He may with these common law remedies
printer's cast. be ordered to answer interrogations we employ the civil law appeal and
under oath. As a result, when the e eothe milla s sealuand
I. a host of miscellaneous statutory
Prior to the last general revision case comes on for trial the elementforms so that there are at the
of the rules in 1916, there were of surprise has been largely elimi- present time in Michigan no less
three sets of rules, Supreme Court nated, the real issues are under- presnt ftreen s cpan ano lss
Rules, C:cuit Cout Rules, and stood by both sides, leading ques-
Chancery Rules. The twostter tions are considered useful means tinet methods f o revi'ewig cases,
were consolidated, thereby remov- for quickly bringing the witnesses ionsa nd no others. so hat a
ing much duplication and its at- to the precise points in controversy,
teaint inc tak oneicenlidatunerthe necessity for cross-examination wrong choice will usually result in
tant. Thentaskf onsodatn is is greatly reduced, and even the for- running the appeal. In addition
now completed by drafting a single mal introduction of evidence is oft- to these general methods, there are
it of rueshisch wil aply both en dispensed with through admis- I oetwnl-sxohe tz tr
t the upreme cot and to all sions of counsel. Fictitious and Varieties differiv gmore or less from
courts of record of general civil unmeritorious cases crumble away
urisdicition in the preliminary stages and never The new r ples ovide a single
juidcto.reach trial. method of review v f al cases, of
IIa. whatever kinds. whr any court of
T h e charcteristic feature of The new rules provide for the w eri d!alld n rvicouthe-
equity pleading is its direct and takings of depositions before trial record is called pon ~o reiew the
specific method of dealing with and for the examination before judne Or of cer. Ah technical dis-
facts. There is no general issue, but trial of person or property alleged tinctions are eliminated, and a
each allegation in the bill of com- to have been mnjured. They also n notice of appeal is providled as the
plaiint must be met with a direct large the scope of the admissions univrsal means of rcveiw.
admission or denial. In that way which the other party may be called
the truth is shown on the fact of upon to make. This procedure Claims by Clients against Attor-I
the pleadings, and the real issues merely advances the time when dis- neys. A summary method is pro-
are exhibited before trial. closure is made by the parties. In- vided by which a client may ob-
The new rules abolish the general stead of being made at the trial, tain relief agaimst his atrorney by
issue, and require the defendant to as under the present practice, when a direct application to the court,
file an answer to the declaration, it is too late to serve a useful pur- , without the necesity of resorting
specifically admitting or denying pose in enabling parties to prepare to an ordinary law suit nis is,
each fact alleged, their cases, discovery is designed to based upon thm well regnized
III. so far precede the trial that it will principle that an attorney is an of-
The Third General Reform Sought be possible to largely avoid calling ficer of the court, and the client,
by These Rules is the Extension unnecessary witnesses, proving un- in dealing with such officer, ought
of Discovery Before Trial. controverted facts, or taking up the to be under the courts direct pro-
The common law system of pro- time of judge, jury, counsel andtection. Such a procedure'would
cedure which enabled parties to witnesses with matters which turn be a deterrent for those members
largely conceal their true positions out to be i'mmaterial. If the trial of the bar who are willing to abuse
in order to take their opponents by of cases could proceed with less th privileges of their position, and
surprise at the trials has persisted friction and lost motion, people would constitute a guaranty of the
almost without change in Michigan. whose time is of value would be good faith and mntegrity which the
In England it long ago disappeared, ( more willing to appear as witnesses profession as a whole is earnestly
under a rapidly developing system and serve as jurors, litigation would striving to maintain n its dealings
for disclosure and discovery which be less expensive, and congested with the public.
made it possible for the parties to calendars would no longer consti- Motions to dismiss, based on affi-
know what was to be tried and to tute a virtual denial of justice. daviTs, are authorized as a quick
adequately prepare their cases upon -- - method of disposing of unmeritori-
the real points in issue. The Fourth General Reform Pro- ous cases where certain special de-
Courts will never functilon proper- posed is The Simplification fenses, often capable of satisfactory
ly until means are devised for sift- of Appellate Procedure. proof by aftidavit, can be estab-
ing the facts and ascertaining the There is no branch of the law in lish d.
nature of the controversy in ad- which the crude practices of eariy The use 0t rcgster mail, under
vance of the trial, and the marvel- times have persisted so tenacious- suitable safeguads, hs been au-
ous efficiency of English courts is ly as in the field of appellate pro- thorized for obtaining service of
due as much to the procedure for cedure. The writ of error long an- process. This will tend to make it
diiscovery which quietly precedes the tedated 1285, and the bill of ex-Emore difficult for parties to avoid
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service. Filing papers by mail is
l also provided for.
The practice relating to summary
judgments has been improved by a
provision that the plaintiff must
make as full a showing to obtain a
summary judgment as the defend-
ant must make to avoid one.
An improved practice for special
verdicts is proposed, based upon the
experience of England and the re-
cent experience of Wisconsin. The
use of such verdicts tends to hold
the trial within .the bounds of the'
actual issues, and reduces both the
number and the scope of new trials.
Partial new trials are also expressly
authorized.
Plaintiff's right to dismiss must
be exercised before answer filed, and
thereafter he may dismiss only up-
on filing a stipulation to that effect
signed by the defendant or on order
of the court for good cause shown.
Comment by the court on the
weight of the evidence is authorized
in civil cases in the same language
used in the new Criminal Code,
thereby providing a uniform prac-
tice in civil and criminal trials.
Technical objections based on
changes in interest during the
progress of litigation have been re-
moved by a provision for the easy
substitution of successors in inter-
est.
Publicity for proposed changes in
the rules, prior to adoption, in or-
der to permit criticisms and sug-
gestions from the profession and
the public, is provided.
Winter to Give First
Jerome Lecture Today
Prof. John G. Winter, of they
Latin department and also director
of the division of fine arts, will
give the first in the series of Jeromc
lectures to be presented by hnir
throughout November and Dtcem
ber at 4:15 o'clock this afternoon in
room D, Alumni hall, on the sub--
ject, "Rome and the Romans in
the Papyri."
The Jerome lectures were created
through a provision in the will of,
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SON ing a Song'
fSports Clothes
from Goodyear's College Shop
Comfort should be the first consideration in choosing sports clothes
for the Winter. Your golf will suffer if your feet are cold . . .
yes, you won't enjoy the most exciting football battle if you're shiver-
ing. So, if you're the sort of girl who spends part of her time out of
doors during the coming months, consider the collection of smart and
appropriate clothes at Goodyear's College Shop. Here are "woolies"
in the best English tradition . . . good warm sweaters, well cut skirts,
knitted costumes of interesting texture and cheery color, warm, but not
bulky underthings, woolen scarfs . . . everything, in fact, to keep
you feeling comfortable and looking smart in any sort of Winter
weather.
GDYwEq AR'S
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the 'late Thomas Spencer Jerome
A. M. '87, an enthusiastic student
of antiquity and for a long period
American consular agent in several
Italian cities. He directed that a
large part of his estate should be
applied to the establishment and
endowment of a joint lectureship
in the Am rican apademy at Romel
and at the University of Michigan.
The general subject -of this series
of lectures is "Life and Letters in
the Papyri."
North University Avenue
Tele!hlione 4171
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Iota
An
'Invitation
to
vialt
Store
ur
ewly
En Iar
Wednesday,
llf7ovember
Flofth
E EXTEND to you a cordial invitation to visit our newly enlarged and decorated store tomorrow.
We are realizing the fulfilment of a dream and desire, in this development recently completed.
The fact of the matter is we are so proud of it that we want you to share our pride and to think of it as
your store, too. The Quarry has always been known as a store of friendship and service and in order to
give better service we embarked upon this recent enlargement for your good. To show you our appre-
ciation of your business we are offering these specialls. They are all well worth while and cannot be
duplicated.
To
(;O'MMeMorate
T h I'as
d tP
Ce
fer
These
peciais!
-2 -
HOT WATER BOTTLES
Nurse Brand. This one of our best bot-
tles. No home can afford to be without
one. A $2.50 value.
BATH SPRAY SPECIAL
A $1.50 Bath Spray, in colors, and a
75c bottle of Fitches' Shampoo, a $2.25
value for only
$1.19
PINAUD COMBINATION
Here is a good one. $1.75 Pinaud Hair
Tonic and 50c Pinaud Hair Shampoo,
both for only
1.49
FOR THE KIDDIES
Dr. West's Kiddie Kit. Consists of a
tooth brush, tube of paste and a toy
holder that will always hold the young-
sters interest.
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MYSTERY PACKAGES
Only 200 of these excellent boxes of
val e s. oin articles worth from
1.50, to 5.w). 47c
SHAMPOO CAPE FREE
With every bottle of Mulsified Cocoanut
Shampoo purchased at 50c we will give
one czipc FREE.
STATIONERY
The first offering is of Gloveskin paper
with envelopes of Apple Blossom lining.
Whiting and Cook. $1.50 value.
$.07
The second is Michigan Seal on Deckle
Vellum. Comes in pound lots. Specially
priced at
97c
The third is of Whiting and Cook hand
made paper, flat. This is a regular
$1.00 value.
67c
SOAPS
Here is a good value! Hard Water
Castile, 4 bars only
19C
Don't pass this one up. Fifth
Avenue Bouquet. A dainty num-
ber for tender skins. Introductory
price 4 bars
19c
DAINTY BATH TALC
A luxurious bath powder by Lanchere.
Packaged very daintily. Specially priced
at
39c
k
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Fze, ,
rS.a Fee"
.egcr c Size
To the first 500 ladies visiting our store
after 9 a. m. Wednesday morning we will
give regular 75c size of Ambrosia Skain
Tonic FREE. Be here early to get yours.
PERFUMIZER
We think this is our finest special.
Through our purchasing power and co-
operation of the DeVilbiss Company we
are able to offer you a beautiful $2.50
Perfumizer and a quarter ounce of Mys-
tere Perfume for--now get this-only
$1.00
This combinatin will make a pleasing
Christmas Gift and as we have only 500
o these we must limit them 3 to a
customer.
NASAL ATOMIZERS
The first one is a handy instru-
ment a.d pcrforins perfectly
$1A9
And the second one is for the
traveler especially. Folds into a
leather case. Very convenient.
$1.79
ZEL SOAP BOXES
ZET, boxes in colors that will last a life-
time. This is a regular $1.00 value.
65c
THERMOMETERS
Check up on Jack Frost with this handy
instrument. A handsome number.
53c
KOTEX and KLEENEX
We are going to sell you a 45c package
of Kotex and a 50c package of Kleenex
for only
39C
TWO FACE POWDERS
Oh, oh! Here are two dandies. Terri
or Ybry Face Powder at a hard to beat
price.
59c
COLGATES TOOTH PASTE
A 50c Tooth Brush will be given FREE
with every tube of Colgates tooth paste
at
45c
CLEVER HAND BRUSHES
For cleansing and refreshing the hands.
In colors. A very clever number. Two
prices
21c-33c
DeVILBISS ASH TRAYS
DeVilbiss. A limited number to be sold
at especially low prices for opening day.
CLEANSING CREAM
What a special this is! Ina delMarlin
Cleansing Cream. Limited quantities.
$3.00 Jar .. $1.98
$1.00 Jar . . . 69c
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DOCTOR.
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We will have a bargain table of surgical instruments. You will find real bargains
there.
You will find our Surgical Instrument department interesting in its completeness and
beautiful in its array of chrome nickle an silver instruments.
Mr. Drake and Mr. Kortier will greet you.
ROSES FOR LADIES FOR LITTLE GIRLS
To every lady entering our store Wed- Every little girl accompanied by Mother
will receive a dandy little BABEE Hot
nesday we are going to present her with Water Bottle FREE. Just the thing to
a beautiful rose. keep dolly warm this winter.
qp us mg%
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