Thomas J. Green, Plaintiff in Error v. William Custard by United States Supreme Court

Thomas J. Green, Plaintiff in Error v. William Custard

By United States Supreme Court

  • Release Date: 1859-12-01
  • Category: Law

Brief Description

This case originated in the District Court for the county of McLennan, in the State of Texas, where Custard had instituted his suit against Green by attachment, claiming to recover from him the balance due on a judgment entered on a mortgage given by Green to one Arthur, on lands in California. Green appeared, and moved to have his cause removed to the District Court of the United States, he being a citizen of Massachusetts, and Custard a citizen of Texas–the case coming clearly within the provisions of the 12th section of the judiciary act of 1789. It is probably because this case originated in a State court, that the court below permitted the counsel to turn the case into a written wrangle, instead of requiring them to plead as lawyers, in a court of common law. We had occasion already to notice the consequences resulting from the introduction of this hybrid system of pleading (so called) into the administration of justice in Texas. (See Toby v. Randon, 11 How., 517, and Bennet v. Butterworth, 11 How., 667, with remarks on the same in McFaul v. Ramsey, 20 How., 525.) This case adds another to the examples of the utter perplexity and confusion of mind introduced into the administration of justice, by practice under such codes.

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