A SELECTION OF PRECEDENTS OF PLEADING Under the Judicature Acts IN THE COMMON LAW 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, "THE LAW RELATING TO PARLIAMENTARY AND MUNICIPAL ELECTIONS AND PETITIONS." AND MILES WALKER MATTINSON, Esq., OF GRAY'S INN, BARRISTER-AT-LAW, LATE HOLDER OF A FIRST-CLASS STUDENTSHIP OF THE FOUR INNS OF COURT, ETC. ETC. RIBLIOT LONDON: NOV 1878 HAYNES, STEVENS AND Law Publishers, BELL YARD, TEMPLE BAR. 1878. PREFACE. PROBABLY no part of our judicial system has been more completely revolutionized by the Judicature Acts than that which relates to Pleading; and this being the case, it is certainly somewhat remarkable that amid the multitude of valuable treatises that have appeared upon the new Practice, no work has yet been published upon the subject of Pleading. This fact suggested to the authors the idea of the book which is now submitted to the Profession. The utility of a volume of Precedents of Pleadings can scarcely be questioned. The old works on the subject are now of comparatively little value owing to the radical changes in the substance as well as in the form of pleadings; while a conspicuous proof of the continuing necessity for and value of Precedents is found in the fact that the framers of the Judicature Acts have themselves in Appendix C. acknowledged the want by there essaying in some measure to supply it. Some twentyseven forms will be found in this Appendix; but it is obvious that as they necessarily have reference to only a few causes of action, they are but a very partial help to the pleader. The object of the present work is to supply precedents |