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...less a tournament of wits. Key to the new system is the pretrial setup, which permits the free use of depositions, interrogatories, inspections and examinations, all aimed at finding the facts on which the litigants are agreed and at defining the areas of disagreement. At the pretrial conference both plaintiff and defendant state what they expect to prove in the trial, thus eliminating tricky surprise. The judge dictates a pretrial order that supersedes the original pleadings and defines the questions at issue between the parties. Says Vanderbilt: "No longer does the trial judge have to fumble through the pleadings...

Author: /time Magazine | Title: National Affairs: COURT SYSTEM REFORM A PRESSING PROBLEM | 2/21/1955 | See Source »

Satisfaction. In Greenville, Miss., a jury impressed by the merits 1) of the damage suit brought by Mrs. W. C. Hudson against Vance Lipe after an auto collision, and 2) by Lipe's countersuit, found after brief deliberation "for the plaintiff in the sum of $1,000 and also for the defendant in the sum of $1,000, both parties being equally negligent...

Author: /time Magazine | Title: Miscellany, Jan. 24, 1955 | 1/24/1955 | See Source »

Dashing Cinemactor Errol (Against All Flags) Flynn, 44, a well-docketed veteran of legal brawls (two divorce suits, one trial and one accusation of statutory rape), was all tangled up with another lady, though this matter had nothing to do with romance. The plaintiff: his former London landlady, winner of a court order requiring Flynn to cough up $128.80. This, she charged, was the amount she anted up to pay his unpaid bills after he moved out like Flynn. When he got the bad word, Flynn gave a defiant performance. "I shall not pay!" cried he. "I will defend this...

Author: /time Magazine | Title: People, Jul. 19, 1954 | 7/19/1954 | See Source »

...upperdog." Even after Broun died, terrible-tempered Westbrook Pegler did not forgive him, or his close circle of newspaper friends. Last week the ancient feud erupted in the trial of a $500,000 libel suit. Defendant: Columnist Pegler and Hearst corporations, which syndicate and publish his column. Plaintiff: Broun's old friend, onetime War Correspondent Quentin Reynolds, who five years ago invited Pegler's wrath by reviewing a biography of Broun for the New York Herald Tribune. Pegler took part of it to be an accusation that he was "responsible for Broun's death" because...

Author: /time Magazine | Title: The Press: Pegler v. Reynolds | 5/24/1954 | See Source »

Nevertheless, it was a poor show. Again and again the committee got itself snarled up in procedural difficulties. Counsel Jenkins could not seem to decide whether he was plaintiff's attorney, defendant's attorney, judge or bailiff. And McCarthy worked mightily at recasting himself as the prosecutor...

Author: /time Magazine | Title: THE NATION: Parody of a Miracle Play | 5/3/1954 | See Source »

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