The Southern Literary Messenger, Vol. I., No. 11, July, 1835Various
General
The Southern Literary Messenger, Vol. I., No. 11, July, 1835
Various
American literature -- 19th century -- Periodicals
A thousand cases of the same sort might be suggested, where an old
practitioner, though on his guard, (as he must be against one whom he
has provoked to retaliation,) would, from a mere defect of memory, or
the established influence of vicious practice, fall into blunders
which would place him at the mercy of an adversary who has his
learning more fresh about him. How many, for example, will remember
where to stop the defence, in drawing a plea in abatement, or to the
jurisdiction of the court? How many ever think of the necessity of
entitling their pleadings? How many know how to take advantage of this
defect, even when it occurs to them?
But though you should escape the attack of any illiberal practitioner,
yet cases will occur, in which the nature of the controversy will
require great accuracy in drawing out the pleadings to a precise and
well defined issue. In such cases, no disposition to mutual or
_self_-indulgence in the bar, can prevent the necessity of pleading
correctly. In such cases, opportunities will be offered you of
reciprocating the kindness of your seniors, by lending them the aid of
your pen, and assisting them to recall forgotten technicalities. The
value of such aids will raise you in their esteem, establish you in
their regard, and ensure you their good offices. Out of such
circumstances grow alliances which are strength and honor to both
parties. A well read young lawyer, associated with one of less
learning but more experience, sagacious, vigilant, and versed in human
nature and the established though irregular routine of business, is
like the lame man mounted on the shoulders of the blind. Their powers
are not merely united; they are reciprocally multiplied; they fall
together habitually. Their joint success commands confidence and
practice, and finally the fruit of all their triumphs enures to the
benefit of the survivor.
But there is another point of view in which an intimate knowledge of
the rules and principles of pleading is of permanent advantage,
notwithstanding all the looseness which our practitioners habitually
indulge. It has been well said, that "the record is the lock and key
of the law." You will often find that without this interpreter, the
ancient books are sealed to you. It is by this alone that you will
sometimes be able to discover the point really decided. The concise
notes of the old reporters taken for the use of those already familiar
with the great principles and leading maxims of the science of
pleading, are perfectly unintelligible to the mere sciolist.
Public-domain text, read in full here on John Shaqi.
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