Page:The Green Bag (1889–1914), Volume 19.pdf/436

 PLEADING

PLEADING By J. J. Godfrey. Tho' modern Solons strongly hold, That there's more light and sense In modern pleadings than the old, I'm somewhat on the fence.

You need not — suing neighbor Pat, Or any other foes, State color of his coat or hat, "In trespass on your close."

Exactitude we lose, I think, By being too verbose, The modern pleading to the brink Of evidence draws close.

Verbosity you should avoid. Or take chance on this fix, The Learned Judge may be annoyed And say you're too prolix.

The Ancient pleas, tho' somewhat crude, Affording meagre light, With greater care, were always viewed, Than those which meet our sight.

The taxing officer will frown And low your pleadings rate, And by your foliage cut down, Your sin you'll expiate.

Your declaration you must mould, Down to the smallest fraction, In such a method as to hold A legal cause of action.

But still if you no 'mala' had, And if your heart were pure, One not so good as Galahad Amendment may secure.

The modern rule, the same is found, But is the labor sweet, In pleadings, which in chaff abound, To pick that grain of wheat?

The Court may justly asservate, This favor only lies, When you can amply compensate By costs or otherwise.

Plead now the facts on which you trust By rule and common sense, The law, however, says you must Not plead the evidence.

A word in fine, I merely say, To wise men not to fools. To learn the practice and to play According to the Rules. Vancouver, B. C, June, 1907.

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