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A SELECTION

OF

PRECEDENTS OF PLEADING.

OF

PRECEDENTS OF PLEADING

Under the Judicature Acts

IN THE

QUEEN'S BENCH AND CHANCERY DIVISIONS.

WITH

NOTES EXPLANATORY OF THE DIFFERENT CAUSES OF

ACTION AND GROUNDS OF DEFENCE :

AND

AN INTRODUCTORY TREATISE ON THE PRESENT

RULES AND PRINCIPLES OF PLEADING

AS ILLUSTRATED BY THE VARIOUS DECISIONS DOWN TO THE PRESENT TIME.

BY

JOHN CUNNINGHAM, Esq.,

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW;

AND

MILES WALKER MATTINSON, ESQ.,

OF GRAY'S INX, BARRISTER-AT-LAW;

SECOND EDITION

BY

MILES WALKER MATTINSON, Esq.,

AND

STUART CUNNINGHAM MACASKIE, Esq.,

OF GRAY'S INN, BARRISTER-AT-LAW.
(JOINT AUTHORS OF "THE LAW RELATING TO CORRUPT PRACTICES AT ELECTIONS.")

LONDON:
STEVENS AND HAYNES,

Law Publishers,
BELL YARD, TEMPLE BAR.

1884.

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PREFACE

TO THE SECOND EDITION.

One of the main objects of the Rules of 1883 is to secure greater brevity in the pleadings in use in the High Court. The Authors have endeavoured to enter into the spirit of the new system; and this has involved a complete recasting of the forms contained in the first edition of this work. They trust, however, that they have been in no case led by their desire to avoid prolixity into a sacrifice of that precision of statement which, though little enforced by the letter of the Rules, is none the less important in practice.

The space left at the Authors' disposal by the material curtailment in the length of the forms which they have effected has enabled them to enlarge the scope of the work. They have included in this edition a selection of pleadings adapted to the classes of actions assigned to the Chancery Division; and they have appended to them Notes, treating of such portions of the law as seemed likely to be useful to the practitioner.

No work of precedents can meet one tithe of the cases which will arise in actual practice ; and no doubt the fact that this is so is a deduction from the value of every work of the kind.

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