N.J. Constitutional Convention: Vol. 4, Page 708
the chancery side and I have not run into anything drastic in the way of change of procedure. Of course, demurrers are non-existent, as we now make motions to strike, but the procedure is identical and the old law dealing with demurrers is 99% applicable.
I think you will find that the entire bar of this city approves of procedure under the new Practice Act and that the same does greatly expedite the disposition of cases. Believing that it would be more helpful to you to secure the views of one of the judges, I enclose herewith a letter which I wrote to Judge Lupe of our Superior Court and his reply thereto, in which I believe you will find that he has quite definitely answered your questions of procedure in detail.
Sincerely yours,Sherwood K. Platt
- (1) Do you favor a completely separate Court of Chancery, or do you find that the abolition of the technical distinctions is satisfactory and successful?
- (2) Has the practice under the Illinois Practice Act of 1933 worked out better than prior thereto and has it expedited the handling of cases both from the standpoint of the bar and of the judiciary?
- (3) In practice has the consolidation eliminated the necessity of separate suits or separate trials where law and equity questions are involved in a single case?
- (4) When you have situations in which questions historically legal and questions historically equitable are mixed, do you try them all in the same trial before the same judge?
- (5) If you do try a mixture of legal and equitable questions in a single trial, what about the constitutional right of jury trial in law issues?
- (6) Do you send all the fact questions to the jury or does the judge decide those which are historically equitable?
- (7) Do you have some judges available at all times for ordinary jury trials and other judges available for nonjury trials?
- (8) Do these judges shift from one type of work to another, according to some sort of regular schedule, or do they specialize?
- (9) In country counties where there is only one judge, does he try both the historically legal and historically equitable issues?
- (10) If so, what does he do about juries? Does he have a jury available for a period and during another period concentrate on his nonjury work?
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