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Home > Art, Film & Photography > The Code of Procedure, Or, the New and the Old Modes of Proceeding Compared; Showing the Necessity of Restoring the Forms of Actions and Pleadings in Cases at Common Law
The Code of Procedure, Or, the New and the Old Modes of Proceeding Compared; Showing the Necessity of Restoring the Forms of Actions and Pleadings in Cases at Common Law

The Code of Procedure, Or, the New and the Old Modes of Proceeding Compared; Showing the Necessity of Restoring the Forms of Actions and Pleadings in Cases at Common Law


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867. Excerpt: ... scheme of Special Pleading, because one of its plainest objects or effects, is to control this professional indulgence in these obnoxious foibles, by avoiding the mischiefs of the taste or skill or license of individual statement, and restricting the lawyer to the use of customary and concurrent expressions or terms. It contemns verbosity, and does not admit of it. Probably it is the only method (for we know of no other of that tendency) ever devised, which, if its rules be enforced, secures such brevity, certainty and uniformity of language in transacting the business of litigation. Indeed, in their own proper sphere, these formulae are conceived in as clear, terse, pure, choice words and expressions, as our language is capable of in the hands of the best and most expert, as much so even as those employed and renowned in the Liturgy. In this shape it is that these formulae now appear as used in England since 1834. The whole of them, prescribed or needed or convenient in all the actions, could be printed in less than fifty pages, --in far less compass than the Code itself, and in very far less than many single cases now, by their very bulk, clogging up the Court of Appeals for the sole purpose of determining a question of law. We refer the reader to an examination of them as they appear in Archibold's Nisi Prius, vols, i. and ii., ed. of 1845. For the rules by which the advantages of their use are compelled and secured, see Stephens on Pleading; Gould's Pleadings; or Chitty, the edition of 1844. We haye also called attention to the use of this Special Pleading at Rome and in England for centuries, and to the fact that in all its rigor it has been reinstated in the latter country since 1834. Now we submit to every candid reader, that this method of Special ...


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Product Details
  • ISBN-13: 9781458978509
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 40
  • Spine Width: 2 mm
  • Width: 189 mm
  • ISBN-10: 1458978508
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 91 gr


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The Code of Procedure, Or, the New and the Old Modes of Proceeding Compared; Showing the Necessity of Restoring the Forms of Actions and Pleadings in Cases at Common Law
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