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5 Simplification of Procedure 1 (1909)

handle is hein.newyork/simprcd0005 and id is 1 raw text is: 1

ilcmaorandum in support of
SENATE BILL,                     Intro. No. 113.
ASSSEMBLY BILL.                  Intro. No. 415.
This is one of the bills drawn by the Special
Committee on Simplification of the Procedure of
the Association of the Bar of the City of New
York, and endorsed by that Association in Decem-
ber, 1909.
The object of the bill is to require any  party,
upon demand, to file the original or a sworn copy
of any contract, bill, or note upon which the ac-
tion, defence or counterclaim  is founded; and
upon such filing the paper shall be deemed a part
of the pleading of the party filing it for the pur-
pose of any demurrer or motion.
All jurisdictions where the practice has been
modernized require either this or something equiv-
alent thereto. It will discover to the adverse party
the precise foundation of his adversary's claim
or defence; it will enable him to demur if the in-
strument is misconstrued, and it will render sur-
prise and false swearing, arising from erroneous
allegations or misapprehensions of the legal effect
of an undisclosed instrument, less common than
at present.
HENRY A. FORSTER,
Secretary Special Cemmittee on
Simplification of the Procedure,
Association of the Bar of the
City of New York.
76 William Street,
New York City.

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