§6. Of the judgment quod computet, 596. §7. Of the proceedings before the auditors, 597. A. 1. Of the appearance of the parties, 597. A. 2. Of the hearing before the auditors, 597. A. 3. Of the report of the auditors, 599. A. 4. Of the power of the court over auditors, 600. A. 1. Of judgment for plaintiff, 600. A. 2. Of judgment in favor of defendant, 601. 9. Proceedings in error on final judgment, 601. S. 2. Of the action of assumpsit, 601. 1. Upon what contract assumpsit lies, 602. 2. Of the declaration in assumpsit, 605. 3. Of pleas in assumpsit, 609. S. 3. Of the action of covenant, 615. 1. On what claims or obligations this action lies, 616. §2. Of the declaration in covenant, 617. 3. Of the pleas and issue in covenant, 620. 1. Of the obligations on which debt may be sustained, 627. 2. Of the declaration in debt, 631. S. 5. Of the action of detinue, 638. §1. Of the things to be recovered in detinue, 638. §2. Of the plaintiff's interest in the thing to be recovered, 638. 3. For what injury detinue will lie, 639. §4. Of the pleadings in detinue, 640. $5. Of the evidence in detinue, 641. §6. Of the verdict and judgment in detinue, 642. C. 2. Of actions arising ex delicto, 643. A. 3. When a remedy for injuries to personal property, 651. A. 4. When a remedy for injuries to real property, 656. 1. When case lies to remedy injuries to real property corporeal, 2. Case is the proper remedy for an injury to incorporeal real A. 5. Of the action on the case given by statute, 658. §3. Of the evidence in case, 659. A. 1. Evidence for the plaintiff, 659. A. 2. Evidence for defendant, 662. 4. Of the judgment in case, 664. S.2. Of the action of trover, 664. 1. The property affected, 666. §2. Of the plaintiff's right, 668. A. 1. Of general or absolute property, 668. A. 2. Of special property, 669. A. 3. Of the bare right of possession, 670. A. 4. Of the right to immediate and exclusive possession, 671. 3. Of the nature of the injury, 672. A. 1. Of the wrongful taking, 672. A. 2. Of the wrongful assumption of the property, 674. A. 3. Of the wrongful detention after demand, 675. 1. What is a wrongful detention, 676. 2. Of the demand and refusal, 676. (1). Of the form of the demand, 677. (2). By whom the demand should be made, 678. (3). Of whom the demand must be made, 679. (4). Of the refusal on demand, 680.- § 4. Of the pleadings in trover, 683. A. 1. Of the declaration, 683. 1. Of the requisites of the declaration, 683. 2. What defects in declaration are cured by verdict, 686. A. 2. Of the plea in trover, 686. § 5. Of the evidence in trover, 687. A. 1. Of the evidence for plaintiff, 687. 1. Of the proof of plaintiff's property and right of possession, 687.. 2. Of the proof of a conversion, 688. A. 2. Of the evidence for the defendant, 688. INSTITUTES OF LAW. AMERICIDAD BOOK IV.-OF REMEDIES. 2414. In the preceding books, the rights of persons, and the rights which they have over property, have been discussed, it now remains for us to inquire what are the remedies which the law has provided to recompense those whose rights have been violated, and what protection it affords to prevent the violation of those rights. 2415. Remedy is a figurative expression, which signifies the means employed, which the law has provided, to enforce a right or to redress an injury. It is a maxim of law that there is no wrong without a remedy: ubi jus ibi remedium.(a) If a man has a right, he must have the means to vindicate and maintain it; and it is said there is no right without a remedy; for, want of a right and want of a remedy are reciprocal : lex semper dabit remedium.(b) Remedies are very numerous and may be variously classified. It is sometimes difficult to make a selection which shall the best secure a right or redress a wrong. The mistake in (a) Johnstone v. Sutton, 1 T. R. 512; Co. Litt. 197, b. See Bac. Ab. Actions in general, B; 1 Chit. Gen. Pr. part 1, c. 1. (b) Ashby v. White, 2 Ld. Raym. 953; Winsmore v. Greenbank, Willes, 577. It is said it is owing to this maxim, that the action of trespass on the case owes its origin. No. 2415. Book 4. No. 2415. selecting a remedy may cause unnecessary litigation, or the total loss of a just claim. There are many remedies which the law has put in the hands of the parties themselves, as will be fully explained hereafter; if, instead of adopting one of these, resort is had to litigation, it is evident that the expense and danger of such a course are unnecessarily incurred. The importance of selecting a proper remedy is made manifest by the following statement, copied from a celebrated text writer: (a) "Recently, a common law barrister, very eminent for his legal attainments, sound opinions, and great practice, advised that there was no remedy whatever against a married woman, who, having a considerable separate estate, had joined with her husband.in a promissory note for 2500l., for a debt of her kusband, because he was of opinion that the contract of a married woman is absolutely void, and referred to a decision to that effect, viz. Marshal v. Rutton, (b) he not knowing, or forgetting, that in equity, under such circumstances, payment might have been enforced out of the separate estate. And afterward, a very eminent equity counsel, equally erroneously advised, in the same case, that the remedy was only in equity, although it appeared upon the face of the case, as then stated, that, after the death of her husband, the wife had promised to pay, in consideration of forbearance, and upon which promise she might have been arrested and sued at law. If the common law counsel had properly advised proceedings in equity, or if the equity counsel had advised proceedings by arrest at law, upon the promise, after the death of the husband, the whole debt would have been paid. But, upon this latter opinion, a bill in chancery was filed, and so much time elapsed before decree, that a great part of the property was dissipated, and the wife escaped, with the residue, into France, and the creditor thus wholly lost his debt, (b) 8 T. R. 545. (a) 2 Chit. Pr. 303, note. No. 2416. Book 4, tit. 1, chap. 1. No. 2417. which would have been recovered, if the proper proceedings had been adopted in the first or even second instance. This is one of the very numerous cases almost daily occurring, illustrative of the consequences of the want of, at least, a general knowledge of every branch of law." This book will be divided into nine titles: 1, of the precautions to be adopted before the commencement of an action; 2, of remedies without legal assistance; 3, of courts in general; 4, of the courts of the United States; 5, of the state courts; 6, of actions in general; 7, of parties to an action; 8, of proceedings in an action; 9, of the different forms of actions. TITLE I.—OF PRECAUTIONS TO BE ADOPTED BEFORE THE COMMENCEMENT OF AN ACTION. 2416. When a party has been aggrieved, and is desirous of obtaining redress for the violation of his rights, he should adopt the best means to put himself completely in the right, and to secure the evidence requisite to support his case. As most persons are ignorant of the means to be adopted to gain that end, the party should immediately apply to some professional man to aid him. This title will be divided into three chapters, which shall relate to, 1, the choice of a professional man; 2, the brief of the case; 3, the means of securing evidence. CHAPTER I.-THE CHOICE OF A PROFESSIONAL MAN. 2417. Although a party may himself conduct a suit. brought by or against him, yet experience proves that it is very dangerous for him to manage his own case, |