T HE drafting committee of the new Illinois Civil Practice Act found it almost impossible to avoid the use in several sections of the familiar term of action.' A suggestion that it be defined or described so as to convey a definite meaning caused some surprise. Many members of the committee assumed that everybody knew what a cause of action was, and that it needed no defining. One member observed that as courts and academic scholars had been unable to agree upon a meaning the committee should not become involved in an attempt to solve the problem. He suggested the impossibility of writing a statute that would not require some interpretation, and advised that the determination of the meaning of a cause of action again be left to the courts. The counsel prevailed. It is often possible for a drafting group to reach an agreement upon the use of language without agreement as to its meaning, the holders of divergent views each being hopeful that their meanings will be adopted eventually. Such compromises, though they leave problems unsolved, are inevitable. That such an important body should dodge description of a cause of action is or is not significant dependent upon whether the term an unsettled meaning, and, if it does, whether any miscarriages of justice result from leaving it unsettled. Whether it be the task of the draftsmen or of the courts, problems of consequence must be solved. 'Cause of action,' says a West Virginia court,2 has a well-defined legal meaning, and the Legislature could not, if it would, make a movable feast of it. The problem which evoked this confident and unique expression is interesting. The charter of Richmond provided that no action should be maintained against the city for damages due to negligence unless a sworn statement of the claimant, or of the administrator of a decedent whose death was due to the city's negligence, giving the nature of the claim and the time and place of the accident, was filed with the city attorney within sixty days after such cause of action shall have accrued. A demurrer was sustained to a declaration which set out an accident producing serious injury to plaintiff's intestate, which alleged
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