HONS. THOS. S ASHE AND AUG. S. MERRIMON, JUSTICES, OF THE SUPREME COURT OF NORTH CAROLINA, THIS COMPILATION OF THE DECISIONS OF THE COURT UPON THE CODE OF CIVIL PROCEDURE IS RESPECTFULLY DEDICATED, WITH ADMIRATION OF THE LABOR AND ABILITY WITH WHICH THEY ARE LAYING BROAD AND DEEP THE FOUNDATIONS OF THE NEW AND SIMPLER CODE OF PRACTICE. THE AUTHOR. 850168 PREFACE. TO THE PROFESSION: This work lays claim to no originality. It had its origin in the necessities of the writer for a ready reference to the adjudications of our court of last resort on questions of practice. These adjudications were necessarily numerous, as they are constructions placed by the court upon an entirely new system of procedure, laying down the successive steps taken and the lines upon which future progress is to be made. They are scattered through twenty-six volumes of reports, and not accessible without much research. This volume, therefore, is intended as a working tool, a LABOR-SAVER to a hard working profession. If it has the effect of lightening their labors, the compiler will feel repaid. He will also feel that he has, in his humble way, paid that debt which Lord Bacon says that every lawyer owes his profession. That there are typographical errors in the work was hardly to be entirely avoided, considering the large number of names and figures used. They have been numerous enough to vex the writer, but it is trusted that the ready intelligence of the practicing lawyer will in no instance be mislead by them. That there are omissions and errors of a more serious nature, it is probable that the use of the |