Civil Procedure Commons^™

Cases On Procedure, Annotated. Common Law Pleading, Edson R. Sunderland

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“No subject is more intimately connected with the history and development of our law than common law pleading. In sharp contrast with the other great system of law, that founded by the Romans, the common law has not been the product of legislation, but of litigation. It has grown up in the atmosphere of courts of justice. Such a genesis would necessarily give it a strong procedural favor, and would tend to emphasize remedies at the expense of rights. Procedure might therefore be expected to play a much larger part in the development of the common law than in the …

Cases On Procedure, Annotated. Code Pleading, Edson R. Sunderland

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“In the present volume on Code Pleading, the editor has aimed to present the subject, in all of its more important features, as a complete working system of pleading. The code has frequently been treated as the mere ‘antithesis’ of common law pleading, and this has resulted in throwing the subject completely out of balance by unreasonably extending the discussion of those elements which are ‘characteristic’ of the code, while unduly restricting or entirely ignoring those principles which the code shares with the common law….

“The student should be able to obtain a clear conception of the system as a …

An Analysis Of The Principles Of Equity Pleading : Containing A Compendium Of The High Court Of Chancery, And The Foundation Of Its Rules : Together With An Illustration Of The Analogy Between Pleadings At Common Law And In Equity, D. G. Lube, Bradley M. Thompson

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Since the publication in 1823 by Mr. D. G. Lube of his Principles of Equity Pleading that work has been recognized by the profession as a standard treatise upon that subject. The two generations of lawyers and judges who have come and gone since Lube wrote have contributed little to the a~t and science of equity pleading, so that to-day Lube's work is the best in existence. In this edition of the second part of his work the Editor has added little to the text of importance and has omitted substantially nothing. The only object he had in view in …

A Manual Of Equity Pleading And Practice, Bradley M. Thompson

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The following manual is intended simply as an introduction to the study of Equity Pleading and Practice, and to the course of lectures delivered upon that subject. The manual has been divided into lectures for the purposes of indicating the ground which a particular lecture will cover. It is expected that the student will master the printed synopsis before attending a given lecture.