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Download or read book Cases on Procedure Annotated written by Edson R. Sunderland and published by Forgotten Books. This book was released on 2017-11-09 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Cases on Procedure Annotated: Common Law Pleading The purposes to be served have determined the scheme of treatment. Forms of action are not primarily instru ments of pleadings but categories of rights. Whether trover or trespass lies in a given case is a question of tort law, not of pleading. Whether one may sue in special or gen eral assumpsit is chiefly a matter of contract law. But the rights have developed through the use of the remedies, so that a study of these forms of action is quite necessary to a clear appreciation not only of the history but of the present status of the law of rights. Forms of action would therefore seem to have a proper place in a study of com mon law pleading, and the editor has given them a careful, though not an exhaustive, presentation. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.