PRACTICE SERIES SUNDERLAND'S CASES ON PROCEDURE Sunderland's Cases on Trial Practice. Sunderland's Cases on Code Pleading. Sunderland's Cases on Common Law Pleading. Sunderland's Cases on Equity Pleading and Practice. Sunderland's Cases on Criminal Procedure. Sunderland's Cases on Appellate Practice. Sunderland's Cases on Evidence. CALLAGHAN & COMPANY CHICAGO ANNOTATED CODE PLEADING BY EDSON R. SUNDERLAND PROFESSOR OF LAW IN THE LAW DEPARTMENT OF THE UNIVERSITY OF MICHIGAN CHICAGO 1913 CASES ON PROCEDURE. THE SERIES. The present volume, on Code Pleading, is the second of a series of case-books which the editor hopes to prepare for the use of law students, covering the broad subject of Procedure. The plan contemplates separate volumes on the following special topics :-Trial Practice, Code Pleading, Common Law Pleading, Equity Pleading and Practice, Criminal Procedure, Evidence, and Appellate Practice. These books are to be prepared as separate and independent treatments of the subjects to which they relate. Each branch of procedure has its own subject matter and its independent problems, and no advantage would result from erasing the lines which mark its boundaries. But while this is so, it is nevertheless important to observe that an adequate conception of any one of these branches can be formed only by keeping constantly in mind the scope and function of procedure as a whole. In a very true and fundamental sense procedure is single and indivisible. Its aim is to furnish a mechanism for litigation, to supply a means and method for applying the law in the solution of legal controversies. One purpose runs through it all. Pleadings are drawn to present issues for trial; trials are had to determine issues raised by the pleadings. What the trial demands the pleadings must give. One is the counterpart of the other. Only in view of the trial are the pleadings intelligible; only by reference to the pleadings can the scope and course of the trial be determined. And as for the relation between procedure in nisi prius and in appellate courts, the former is moulded to meet the requirements of the latter and the latter is based strictly upon the foundation laid by the former. Thus pleading, in its various forms, trial practice, and appellate practice may be correctly viewed as component parts of a highly developed system designed to enable parties to successfully resort to courts of law for the redress of grievances. Together they V furnish a complete mechanism for the administration of the law. In the present series of case-books upon procedure it is proposed to develop the subject, so far as possible, in this broad and comprehensive way. Each branch will be treated separately, and its technical details will be fully and carefully exhibited, but at the same time it will be the definite aim to make each volume disclose its place and purpose as an integral part of an articulated system. In this way, if at all, may procedure be shown in its true , character, as a logically developed and practically efficient means for accomplishing a very important end, instead of a mass of arbitrary and technical rules. No method will work well in the hands of those who lack an adequate perspective and who fail to take a comprehensive view of its scope and purpose. If the law schools are to turn out men able to meet the exacting demands of a critical and sorely-tried public, they must spare no effort to develop in their students a thorough, rational and enlightened appreciation of the true function and the basic principles of procedure. The series here proposed is an effort to supply material to meet this need. EDSON R. SUNDERLAND. University of Michigan. |