An Exposition of the Principles of Pleading Under the Codes of Civil Procedure (Classic Reprint)

The plan and purpose of this book are stated in the introduction. I shall here state the reasons for its preparation and publication. My study of procedure, and my experience, at the Barand upon the Bench, have satisfied me that a complete exposition, analytic and synthetic, in brief and convenient compass, of the basis, the philosophy, and the application, of the principles of pleading under the Reformed American Procedure, is a desideratum in the literature of the law. The science of pleading has been neglected in legal literature, in legal instruction, and in the practice. I ts neglect in the schools, and in the practice, is largelj due to the want of a welladapted text-book. The result is, that young men, upon their entrance into the profession, have not learned, and do not understand, the principles upon which the substantive law is to be applied to opei ative facts ;and in practice, the tendency has been to follow distinct provisions of the codes, literally, rather than to interpret and apply them as parts of an entire and scientific system. The over-fullness and prolixity of pleadings under the codes is proverbial; it is a needless hindrance in judicial procedure, and is as reprehensible as it is needless. Excessive statement in pleading comes from conscious uncertainty as to what is requisite, and what is sufficient. The ideal code pleading is brief and simple ;but its brevity and simplicity come only from adherence to the scientific principles of the system. This needless fullness and prolixity can be avoided, and this characteristic simplicity, terseness, and brevity can be secured, only by an intelligent understanding of the true philosophy of the new piocedure.
(Typographical errors above are due to OCR software and don't occur in the book.)

About the Publisher

Forgotten Books is a publisher of historical writings, such as: Philosophy, Classics, Science, Religion, History, Folklore and My