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Author: Benjamin Jonson Shipman
Publisher: Forgotten Books
ISBN: 9781527997707
Category :
Languages : en
Pages : 642
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Book Description
Excerpt from Hand-Book of Common-Law Pleading In the following pages, the writer has endeavored to state, as clearly and concisely as possible, such of the rules and principles of common-law pleading as are still recognized and applied in this country, omitting such of those found in the old English system as have become obsolete in practice, except where, as in the case of special pleading, they are the foundation of the method now in use, and giving due prominence to those rules whose principles are most noticeably applied in pleading under the codes. Whether the common-law rules are to be taken as directly followed in the latter, aside from the formalities prescribed in the practice acts, or wheth er the rules and principles of code pleading are to be considered as derived simply and only from the statute, the fact remains that a knowledge of the common-law system cannot fail to be of advantage, if, indeed, it is not an essential, to a thorough understanding of both code and equity pleading. It has been the observation and ex perience of the writer, not only that such knowledge enables a lawyer to frame his pleadings under the latter systems with greater ease and accuracy, but that, especially in code pleading, doubts as to the necessity or propriety of particular allegations, where the statute is silent or obscure in its directions, can generally be easily disposed of by an understanding of the reason of the common-law rule in similar cases. A lawyer who enters upon the active practice of his profession with no other guide than what the codes prescribe is but poorly qualified for attaining the important result of placing the statement of a complicated and important case before the court in a logical and concise form. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Benjamin Jonson Shipman
Publisher: Forgotten Books
ISBN: 9781527997707
Category :
Languages : en
Pages : 642
Get Book
Book Description
Excerpt from Hand-Book of Common-Law Pleading In the following pages, the writer has endeavored to state, as clearly and concisely as possible, such of the rules and principles of common-law pleading as are still recognized and applied in this country, omitting such of those found in the old English system as have become obsolete in practice, except where, as in the case of special pleading, they are the foundation of the method now in use, and giving due prominence to those rules whose principles are most noticeably applied in pleading under the codes. Whether the common-law rules are to be taken as directly followed in the latter, aside from the formalities prescribed in the practice acts, or wheth er the rules and principles of code pleading are to be considered as derived simply and only from the statute, the fact remains that a knowledge of the common-law system cannot fail to be of advantage, if, indeed, it is not an essential, to a thorough understanding of both code and equity pleading. It has been the observation and ex perience of the writer, not only that such knowledge enables a lawyer to frame his pleadings under the latter systems with greater ease and accuracy, but that, especially in code pleading, doubts as to the necessity or propriety of particular allegations, where the statute is silent or obscure in its directions, can generally be easily disposed of by an understanding of the reason of the common-law rule in similar cases. A lawyer who enters upon the active practice of his profession with no other guide than what the codes prescribe is but poorly qualified for attaining the important result of placing the statement of a complicated and important case before the court in a logical and concise form. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: George E. Chipman
Publisher: Forgotten Books
ISBN: 9780267537280
Category : Law
Languages : en
Pages : 244
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Book Description
Excerpt from Illinois Cases, Common Law Pleading The test by which to decide as to the joinder of counts that is, what actions may be joined in separate counts of the same declaration - is thus stated in Chitty's Pleadings (vol ume, 1, p. 200) The result of the authorities is stated to be that 'when the same plea may be pleaded and the same judgment given on all the counts of the declaration, or whenever the counts are of the same nature, and the same judgment is to be given on them all, though the pleas be different, as in the case of debt upon bond and on simple contract, they may be joined.' About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Clarke Butler Whittier
Publisher: Forgotten Books
ISBN: 9780484551946
Category : Law
Languages : en
Pages : 426
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Book Description
Excerpt from Cases on Common Law Pleading In this way training and knowledge, the means and the end of legal study, go hand and hand. The obvious advantages of the study of law by means of selected cases make its universal adoption a mere question of time. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Clarke B. Whittier
Publisher: Forgotten Books
ISBN: 9780332394114
Category : Law
Languages : en
Pages : 678
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Book Description
Excerpt from Cases on Common Law Pleading, Vol. 3: Selected From Decisions of English and American Courts International Law is included in the list of essentials from its in trinsic importance in our system of law. As its principles are simple in comparison with municipal law, as their application is less technical, and as the cases are generally interesting, it is thought that the book may be larger than otherwise would be the case. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Charles A. Groom
Publisher: Forgotten Books
ISBN: 9780656363216
Category : Law
Languages : en
Pages : 64
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Book Description
Excerpt from A Quiz Compend of the Principles of Common Law Pleading HE object of this work is to set forth the general principles of the foremost treatise on the subject of pleadings at common law in the fewest words possible and as nearly in the Order that each step should be taken as convenience will admit. The purpose of the book is to place before the student an orderly and concise outline of the subject for ref erence and review. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Alexander Martin
Publisher: Forgotten Books
ISBN: 9780265497067
Category : Law
Languages : en
Pages : 450
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Book Description
Excerpt from Civil Procedure at Common Law My aim has been to present to the student in a concise and orderly method the common law system as it existed in its day, as it was recognized, classified, and interpreted by the courts and judges controlling its application and enforcement. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: John Jay McKelvey
Publisher:
ISBN: 9781331086499
Category : History
Languages : en
Pages : 232
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Book Description
Excerpt from Principles of Common-Law Pleading: A Brief Explanation of the Different Forms of Common-Law Actions, and a Summary of the Most Important Principles of Pleading Therein, With Illustrations Taken From the Cases The principles of common-law pleading as they came into our law are worthy of special study. They constitute a subject of interest and importance alike to the lawyer who practices under a modern code system, and to him whose professional activity lies in some State where the old forms, though modified somewhat it may be by occasional statutory enactment or progressive court decision, still prevail. No code has been able to abolish the principles of common-law pleading because they form the foundation upon which every code must build its own system. A code may call things by different names - as complaint for declaration, answer for plea - but the things remain the same, and, what is more to the point, the purpose for which the thing is used remains the same. Hence to know how to best make the thing serve its purpose one may still study with profit its origin and its use in the cases recorded in the home of its origin. It is in fact the same with Pleading as with other subjects. Our whole system of law is the embodiment of the principles of the common law as found in the cases, and to the cases we must ever turn for light either as a direct aid to the administration of justice or as a means of understanding and applying some statutory restatement of principles first established by the courts. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Charles Albert Keigwin
Publisher: Forgotten Books
ISBN: 9780260364753
Category :
Languages : en
Pages : 642
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Book Description
Excerpt from Precedents of Pleading at Common Law, With Annotations: Compiled for the Use of Students in the National University Law School The present work has been prepared for use as an adjunct to the editor's course of instruction in common law pleading and moot court work in the National University Law School. The purpose is to present a series of cases, some actual and some fictitious, which exemplify the Operation of the principles of pleading. The hope is to assist the student of that subject by affording some instances of litigation adapted to embody the abstract doctrine of his text-book in con crete and more readily apprehensible form. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Edson R. Sunderland
Publisher: Forgotten Books
ISBN: 9780260620774
Category : Law
Languages : en
Pages : 848
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Book Description
Excerpt from Cases on Procedure Annotated: Common Law Pleading The purposes to be served have determined the scheme of treatment. Forms of action are not primarily instru ments of pleadings but categories of rights. Whether trover or trespass lies in a given case is a question of tort law, not of pleading. Whether one may sue in special or gen eral assumpsit is chiefly a matter of contract law. But the rights have developed through the use of the remedies, so that a study of these forms of action is quite necessary to a clear appreciation not only of the history but of the present status of the law of rights. Forms of action would therefore seem to have a proper place in a study of com mon law pleading, and the editor has given them a careful, though not an exhaustive, presentation. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Sabin D. Puterbaugh
Publisher: Forgotten Books
ISBN: 9780260265258
Category : Law
Languages : en
Pages : 946
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Book Description
Excerpt from Puterbaugh's Common Law Pleading and Practice: A Practical Treatise on the Forms of Common Law Actions, Pleading and Practice, Now in Use in the State of Illinois, and Wherever the Same System Prevails In presenting this, the sixth edition Of this work, the author deems an extended introduction unnecessary. The first edition was published in 1864, then in a crude condition, with meager hopes of its success. Since then it has passed through four revisions, with a constant and earnest endeavor, on the part Of the author, to make it as perfect and reliable as his abilities, amidst professional and judicial duties, would permit. Whatever merits or demerits former editions possessed are well understood by the courts and members of the profession throughout the State Of Illinois, and other States and Territories where the work has been used and recognized. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
