Annotated Forms Of Pleading And Practice At Common Law

Author : John Lewson
Publisher : Forgotten Books
ISBN 13 : 9780265106006
Total Pages : 1166 pages
Book Rating : 4.1/5 (6 download)

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Download or read book Annotated Forms of Pleading and Practice at Common Law, as Modified by Statutes, Vol. 1 of 3 written by John Lewson and published by Forgotten Books. This book was released on 2017-11-05 with total page 1166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Annotated Forms of Pleading and Practice at Common Law, as Modified by Statutes, Vol. 1 of 3: For Use in All Common-Law States and Especially Adapted to the States of Illinois, Michigan, Mississippi, Florida, Virginia, West Virginia, Maryland and District of Columbia It has been correctly said that the remedy is the life of the right; and it may be as accurately stated that no remedy at law is possible without proper forms. The forms of an action are inseparable from the right itself. Therefore, it often occurs that a substantial right is either waived or it is completely lost, by an omission of certain formalities. It is through the forms of the law, that the entire range of pleading and practice becomes useful, and it was with the object to make pleadings and prac tice available that this work was undertaken and developed. Common law forms will always be of value to the legal profession, as the main difference between common law and code pleading lies in the manner and not in the substance of pleading. Thus, a good common law pleader presents the different phases of a cause of action under distinct counts and includes a con solidated count to cover the entire action. A competent code pleader states the cause of action in a single count or complaint that is equivalent to the consolidated count of the common law pleader. The ultimate object of the two modes of pleading is necessarily the same, the modern tendency of common law plead ing being toward the use of a consolidated count as against the old method of pleading a multiplicity of counts. It will be observed that this work has three main features - the general principles of pleading and practice, the forms or prece dents and the annotations. Little need be said about the first division. A glance at the Contents of Volume I will afford a sufficient general idea of pleading and practice. 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.