{"newspaper_name": "The North-Carolina standard.", "edition": "01", "page": "p3", "byline": ""}
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evils. Il must be recoIlected that il Carries up the
question Of fact as well as Of s 10 be tried again


The practice of carrying up an issueof fact by
appeal is unknown to the laws-of England. 1t
formerly prevailed in Massachusetts and Tennes.
see and perhaps some others of our sister States.
The latter received It from US. We believe in
both, less timorous of wise innovation than we it
has been abolished The occurrence of the alter
alton in Massachusetts is thus noticed in bio
graphy of Gov. Morton, in the Democratic Re
view: !" Formerly all actions were commenced
in the Common pleas, and after trial there either
party if desrous of a new trial before another
Judge might carry, and commonly theadefeated


party did carry his case by appeal 10 the Supreme
Court. But when a party had once tried his
cause and discorered its 0eak point the temptation
to provide at any rate the necessary evidence was
to some mindsirresistible, and led 10 manag cement
and even perjury ITSELF This double jury trial
was peculiar to New England, and struck for
eigners@ with great surprise. The new system
which decides business between the Courts ac-
cording to the importance of the cases, and Joins
that each case sha II be tried in the Court where it
was commenced reservihg for appeal all ques-
tions of law, works admirably. The lawyers
who lose fees by it are compelled 10 applaud OF
be silent" 5os


1t may be said that plaintiffs may (f defendants
cannoD avoid the delay and expense of passage
through the County Courts by commencing their
suits in the Superior Courts. To some of the
motives for contrary course we have already
adverted. There are several others The terms
of the Superior Courts occur too seldom: the fall
terms in the eastern part of the State occur ut a
very unhealthy season: the dockets are often in
conveniently crowded. Moreover the peculiar
objections to the County Courts do not occur to
simple-minded and inexperienced suitors to whom
their case usually appears so plain that no body
can mistake its justice; they desire cheap and
speedy decision of which the frequent terms of the
County Courts hold out falIacious hope. g