A Treatise on Pleading, Vol. 2 of 3: With a Collection of Precedents and an Appendix of Forms Adapted to the Recent Pleading and Other Rules, with Pra

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Excerpt from A Treatise on Pleading, Vol. 2 of 3: With a Collection of Precedents and an Appendix of Forms Adapted to the Recent Pleading and Other Rules, With Practical NotesBut the term Precedents, in all these cases, denotes a document that has been long in use, and not a mere novel invention, which, for the above rea son, cannot safely be relied upon, as has been unfortunately frequently ex emplified by the numerous successful demurrers to new forms of pleas re cent] y invented in consequence of the necessity to plead almost every matter of defense Specially. For this reason the following collection, with a few ex ceptions and subject to the introduction of alterations required by the new rules, was nearly forty years ago made by the author, not of his own plead ings, or those of any living practitioner, but from higher sources, and for the same reason he begs that every practitioner. When he adopts one of the new forms introduced into this edition, will consider the same merely as intended to assist, and not entirely confided in, unless prescribed by statute or rule of Court, or sanctioned by express decision.It may here be proper to state the history of the greater part of the pre cedents collected in this and the next volume. The author had the good for tune to commence his legal studies under the directions of his relatives, the late Mr. Serjeant George Bond and Mr. Luders, who obtained for him the privi logo of access to the best pleadings adopted, prepared, settled, or otherwise sanctioned and constantly used by those eminent pleaders, most of them after wards judges, viz. Wallace, Warren, Buller, Chambre, Gibbs, Bond, Wood, Holroyd, Law, Abbot, 8m. 8m. 'these forms (i might say from time to time immemoriall y) had been improved with great care, after having been trans lated from the old entries. The author also selected some excellent original forms from the original demurrer books of Mr. Justice Ashurst, with his valuable notes and observations (j). This entire collection was deficient only in the precedents in assumpsit. The author was enabled to supply that chasm during his pupilage under Mr. Tidd, who evinced peculiar skill and perspicuity in his pleadings in that form of action, which, of necessity, in its Special counts discloses so much of the plaintifi' 's cause of action.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis 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.