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A

TREATISE

ON

PLEADINGS AND PRACTICE

UNDER THE

INDIANA CODE OF PROCEDURE,

WITH

FORMS OF PLEADINGS, RECORD ENTRIES, AND OTHER FORMAL

PAPERS USED IN PRACTICE.

BY

ASA IGLEHART,

COUNSELOR AT LAW.

CHICAGO:
CALLAGIIAN AND COMPANY,

LAW BOOK PUBLISHERS.

1879.

Entered according to Act of Congress in the year eighteen hundred and seventy-nine,

BY ASA IGLEHART,
in the office of the Librarian of Congress, at Washington, D.C.

DAVID ATWOOD,
Stereotyper anul Printer.

MADISON, WI8.

PREFACE.

Although the code system of procedure has been in operation more than a quarter of a century, little progress has been made in adapting it to the wants of the profession, so as to make the acquisition of the knowledge of it easy to the beginner, or its application to actual practice simple and convenient to the experienced lawyer.

The object of the present work is to aid the student in learning code procedure, and the practicing lawyer in applying it to practice.

Part I is a concise statement of the principles and rules of pleading, as laid down in the text-books of the common law, as far as they are applicable under the code, closely following and citing the elementary treatises; at the same time pointing out the code modifications.

Part II is a treatise upon practice in civil actions, containing the history of an action from the filing of the complaint till the final judgment; followed by a discussion of the enforcement of remedies by execution; noting the peculiarities of special proceedings and actions in particular cases; and giving an outline of the steps necessary to perfect an appeal to the supreme court, and the course of procedure therein up to the final determination of the same.

Part III consists of forms. By an arrangement with the pab'i: hers of the 16th American edition of Chitty on Pleading, by Judge Perkins, the author has been permitted to use a number of forms of declarations and pleas as models for complaints and answers, but those forms framed upon models (the smaller number) have, with the others, been carefully examined, revised, and corrected, with a view to their sufficiency, under the code of procedure and the rulings of the supreme court.

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