without prejudice." The trouble is that a
judgment of this kind does not finally dispose of the dispute. The
plaintiff may bring the action over again.

He may appeal from the decision or judgment and the appellate court
may rule that the trial judge was wrong and then after an interval
the case goes to a new trial just the same. By this time the plaintiff
or his lawyer may believe he has no case and desists, but the course
depends upon whether the parties have not died, grown tired, gone into
the hands of a receiver, or moved to Borneo. The jury know little as
to this state of affairs and are not interested in the preliminary
motions. The clients do not understand but think the lawyers are good
talkers.

The lawyers are interested in the point of law and believe so strongly
in their case that if an adverse ruling comes they are shocked and
surprised. The judge knows that although he grant the motion to
dismiss, he will probably allow an amendment. He is not greatly
concerned unless he foresees a possibility of settling the dispute
definitely and going on to the next case. He is anxious to try the
present action and get down to the meat of the matter but really if
they are going to insist on all technicalities he feels a little
impatient.

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 a