A Treatise on Pleading, Vol. 2 of 3 : With a Collection of Precedents, and an Appendix of Forms Adapted to the Recent Pleading and Other Rules, and With Practical Notes (Classic Reprint)

Excerpt from A Treatise on Pleading, Vol. 2 of 3: With a Collection of Precedents, and an Appendix of Forms Adapted to the Recent Pleading and Other Rules, and With Practical Notes

But the term 'precedent, in all these cases, denotes a document that has been long in use, and not a mere novel invention, which, for the above reason, cannot safely be relied upon, as has been unfortunately frequently ertempli fied by the numerous successful demurrers to new forms of pleas recently invented in consequence of the necessity to plead almost every matter of defence specially. For this reason the following collection, with a few exceptions and subject to the introduction of alterations required by the new rules, was nearly forty years ago made by the author, not of his own pleadings, or those of any living practitioner, but from higher sources and for the same reason he begs that every practitioner, when he adopts one of the new forms introduced into this edition, will consider the same merely as intended to assist, and not to be entirely confided in, un less prescribed by statute or rule of Court, or sanctioned by express decision.

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