The Historical Development of Code Pleading in America and England (Classic Reprint)

Excerpt from The Historical Development of Code Pleading in America and England

The first Of these tendencies is especially prominent in the introduction which many law Students receive to the general subject Of code pleading. NO true friend Of the codes is likely to disparage the study Of common law pleading. For many years to come it will be essential to their comprehension. The habit Of exact and logical dis crimination which its rules impose still goes into the mak ing Of the masters Of code pleading. But just here, as it seems to me, the law schools and the law Offices, even in code states, Often commit the young practitioner to the wrong road. He is required, first Of all, to study the admirable system Of rules which Stephen, some seventy years ago, laid down for the law students Of his own day, and then is hurried through the rules Of code pleading, as if they were but modifications Of his hastily digested common law rules.

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