Civil Procedure Commons^™

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

Books

“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

Books

“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 …