ew where they were. If there was a
mistake in the pleading then the whole case was thrown out of court.
That was as it should be. Men had to be good and careful lawyers in
those days. The slipshod methods of the present time are abominable."

"You seem to be a little hard," says the modern lawyer. "Justice ought
not to depend on forms."

"You can never have justice without formalizing and shaping the
dispute," says the lawyer.

"Quite true," says the modern, "but there has been too much attention
paid to the form of justice. Pleadings are the mere mechanics like
printing the program or laying the rail."

However, this is all a question that does not come up in the
court-room at a trial. Once or twice some reference is made to the
pleadings. Perhaps there is some such dispute as this. The defendant
attempts to swear that he "paid for the goods then and there." The
other lawyer jumps up and says, "I object, your Honor. In his answer
he does not plead payment. He only pleads a general denial." The judge
puts on his spectacles. The lawyers gather, business stops while
everyone looks at the pleadings.

Or again the plaintiff tries to show that when he was thrown from the
wagon he bruised his right elbow. The counsel objects there is nothing
about injuries to his right elbow in the Bill of Particulars,
therefore he can not prove it. The Bill of Particulars says that he
hurt his hand, scratched the forearm, and injured the right shoulder,
but says nothing about the elbow. Grave consultation by the learned
lawyers and the judge ensues. The defendant's lawyer is right, there
is nothing in the pleadings about the elbow.

The case can not go on until that important question is settled. There
is argument on both sides. The client looks anxious. The jury sit and
wonder what that phrase of "the delay of the law" may mean. Finally a
bright idea occurs to the lawyer.

"I move to amend, your Honor, so as to include the elbow." The other
side looks shocked and disgusted. "What, move to amend in such a
casual way as that. The pleading is a serious thing. It has been sworn
to, you may not amend a sworn statement in that offhand way." The
judge says that he will allow the amendment but if the other side is
surprised he will grant an adjournment of the trial to another day.
The other side says, "Pardon me a moment until I consult with my
client." The judge smiles. The lawyer goes over to his client and the
client says, "For goodness