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Writs Vs Rights An Unended Contest, Lyman P. Wilson

Michigan Law Review

It is desired in the following pages, even at the expense of repeajing much that is already common knowledge, to emphasize that as yet we are not done with the formulary system of the common law, despite the fact that codes of civil procedure in most of our states have purported to end the varied and interesting career of forms of action at common law by legislating them out of existence. However, that legislative edict has been about as effecttive as was the famous, but probably mythical, order of King Canute to the waves of the sea. Certain well-known illustrations …