An Exposition Of The Principles Of Pleading Under The Codes Of Civil Procedure

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Excerpt from An Exposition of the Principles of Pleading Under the Codes of Civil Procedure 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 Bar and 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. Its neglect in the schools, and in the practice, is largely due to the want of a well-adapted 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 operative 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 procedure. 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.

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.