his opinion upon this ordinance of Lord Bacon, and upon general equity principles. Unfortunately, we have a statute which perhaps changes the common law rule, at least in courts of equity; that is to say, it has been the understanding of the profession that it is within the power of the litigant to experiment with his adversary-to bring him up to the scratch, and see how well he is prepared-and then, when he finds that he has perhaps too low an estimate on the merits, in view of the proof, and he is not in condition to try his case, he steps down and out, and waits for a more favorable opportunity. That ought not to be. There certainly should be no reason which gives the plaintiff a higher and better right than is given the defendant, merely because of the position of the parties in the record. That certainly ought not to control the rights of the parties. It not infrequently happens that a non-resident suitor will bring in our State courts a large number of cases involving practically the same question. When one case is carried to our Supreme Court, and the plaintiff loses, he goes to the trial court and dismisses all of the other cases, and then brings suit in the Federal Court, which he has a right to do by reason of his non-residence. He then experiments in that court by dragging his adversary through a long course of litigation, thus, in effect, giving the non-resident the right to experiment in our State courts, and, if the result does not suit him, have another trial in the Federal Court. I might instance various cases in which the plaintiff's right to come in and out of court operated as a hardship upon the defendants. I think that the plaintiff ought sometimes to be allowed to go out of court without prejudice, but in such cases it seems to me the power should be lodged with the judge or Chancellor to pass on the application. The common law practice in regard to dismissal, it seems to me, is eminently just and wise, and when you come to think of it closely, I do not believe you will reject it.

J. M. Anderson.-The idea of my suggestion was this: I think myself that most of us are aware of the fact that the evils complained of exist, and that lawyers and litigants alike suffer from it. I think it ought to be corrected in some way, but I believe the particular evil arises out of the fact of that section of the Code which provides that where, on a nonsuit, a judgment or de

cree is pronounced in a case upon any ground not conclusive of the merits, that suit may be brought within one year. In other words, I believe the root of the entire evil lies in the statute of limitations, that allows a man to come into court a day before it will bar his right of action and begin his suit, and, after the defendants have gone to the preparation of their side of the case, he takes a nonsuit and gets another trial. Those evils are sufficiently grave for the defendant to demand some rights. It seems to me we can come nearer getting what we want by adopting the suggestion I made and asking a repeal of that section of the Code.

C. F. Vance. The legic of Mr. Wright is very good and very convincing, but it is not equal to the logic of one hundred years' experience. Those obstacles no doubt exist just as Mr. Wright says, but they existed one hundred years ago, and I do not know the time when the rule was different from what it

is now.

Luke E. Wright.-It is the law in the English Chancery Court to-day and of the Federal Court.

C. F. Vance. I do not know any thing about the English Chancery Court, but I certainly know that in every other Chancery Court the plaintiff has the right to dismiss his suit, and I know of no rule to the contrary. The old common law, that has been handed down to us for centuries, holds that the plaintiff can take a nonsuit under certain circumstances, and the very fact that that rule has been established for so many hundred years compels me to doubt the wisdom of the resolution. I am unwilling to change the old law. I move to nonconcur in the resolution.

J. H. Malone.-I second the motion.

J. M. Anderson.-I withdraw my resolution. I think the recommendation should have read as follows: "That a law should be enacted placing it in the discretion of the court to allow or deny a dismissal or nonsuit in all cases at law or in chancery."

Luke E. Wright.-I second the amendment.

Luke W. Finlay.-I rise to a point of order. There is a motion to non-concur before the house.

THE PRESIDENT.-I sustain the point of order. The motion is to non-concur in the recommendation of the committee.

Motion carried.

Tomlinson Fort.-I move that we adjourn until to-morrow morning.

B. M. Estes.-There was a special committee appointed, to which was referred the paper upon corporations.

THE PRESIDENT.-Is that committee ready to report?
H. H. Ingersoll.-Yes, sir.

Tomlinson Fort.-I withdraw my motion to adjourn if the committee is ready to report.

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R. F. Jackson. The following names have been presented to the Central Council, and they are recommended for election as members of the Association : G. W. Gordon, J. S. Galloway, and T. J. Hayes.

THE PRESIDENT.-If there is no objection, the gentlemen named will be considered as members of the Association. The Secretary then read the report of the committee:

REPORT OF SPECIAL COMMITTEE ON CORPORATIONS.

To the Bar Association of Tennessee:

Your committee, to whom was referred the suggestions summarized in the paper of W. B. Swaney, Esq., on statutory charters in Tennessee, beg leave to submit the following report:

First. The committee had heard with pleasure the reading of the paper, and were impressed with the propriety of many, of the suggestions made by the writer, and approved their general tendency, being well satisfied that our statutes in regard to private corporations-as well, indeed, as to most other subjects-need revision or codification. They are not persuaded, however, that the evils aimed at would be reached by the methods suggested; nor are they sure that they are so great as to demand the organic attention and action of this Association. And in view of the reports of standing committees, calling for legislative reform on more important subjects, and the greater probability of accomplishing our object by restricting the number of our suggestions and concentrating our powers upon

them, this committee does not recommend any formulated call upon the Assembly for legislation in this particular.

Second. The committee, however, approves the suggestions numbered five, six, and seven, with the modification of number six so that semi-annual statements may be made over the signatures of a majority of the directors, and that the clause authorizing inquisition by a grand jury be stricken out.

HENRY H. INGERSOLL,
JORDAN STOKES,

LUKE E. WRIGHT,

M. T. BRYAN,

JOHN RUHM,

Committee.

For myself, I recommend that the Association adopt the suggestion numbered four, for the reason that I do not think that merchandizing in Tennessee needs the stimulus of non-liability offered by incorporation acts, and that personal liability should remain as the basis of commercial security and confidence. HENRY H. INGERSOLL.

THE PRESIDENT.-What will the Association do with the report of the special committee?

J. A. Cartwright.-I move that the Association concur in the report of the special committee.

Motion seconded and carried.

John H. Sarage.-This is the second time I have attended these meetings, and I am not sure that I will stay here until to-morrow. If I have read your reports aright, the Legislature has not recognized any of your work or done any work for you. I desire to ask, How are you going to get the Legislature to work for you? I believe in work, but it does not seem like any of these men who are so wise are willing to go to work there. There are a great many things connected with the Legislature of Tennessee that I have tried to correct while I have been there; but I have found that the outside and inside powers are a great deal stronger than I ever expect to be. I find a lot of the members are riding upon free passes, and I do not believe you can get any good out of a Legislature that

will accept a free pass. The first thing to do is to try and get a lot of morals into this thing. I have very little hope of ever doing any thing until you put a higher grade of morals upon the Legislature; and I make this suggestion because I hold nothing good in this life that has not back of it a solid moral foundation. I think you had better look around, and see how you are going to do any thing.

THE PRESIDENT.-I will state for the information of Colonel Savage that, while we may not be able to perform any thing, still we will take steps in that direction. At the proper time a motion will be made looking to the appointment of a special committee, and that committee will draft such laws as we shall approve, and they will be in charge of a committee to bring these matters before the Legislature.

Adjourned to Friday, at 10 A.M.