Cases on Pleading (Classic Reprint)

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Excerpt from Cases on Pleading This work stands upon three foundation stones. First, the relationship between modern remedial and ancient remedial law. Second, the relationship between modern substantive and ancient remedial law. Third, the relationship between modern social and financial conditions and ancient remedial law. First, of the connection between special pleading and the pleading of to-day. They cannot be separated. The very statutes which seek to abrogate common-law pleading use its terms, and how can one understand a statute without knowing what the words of the statute mean? And in doubtful cases of interpretation of statutory words, where shall one turn for light but to the place - the only place - where the words have been made clear - to the common law? Speaking of the present law of Massachusetts, Chapman, J., said, "And though it [the Practice Act] changes the forms of pleading and dispenses with technicalities, it is still important in framing declarations and answers, so as to present causes properly for trial, that the principles of special pleading should be carefully regarded." With reference to the present law in States which have supplanted common-law pleading by codes of civil procedure, one writer declares, "It is no longer pretended that the knowledge of common-law pleading is rendered useless by the code, but that the same fundamental principles underlie both systems." And another, "It is assumed that the student of the code is familiar with the common-law and equity systems of pleadings. If not, he is groping in the dark, and much that is offered will escape his apprehension. This knowledge is deemed essential, not only because well-educated lawyers must know the history of our jurisprudence, must live through it, as it were, and measure every step of its marvellous progress, but because the foundation idea of pleadings is not changed." 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.