THE AMERICAN EDITOR'S PREFACE TO THE EIGHTH AMERICAN EDITION. AT the time when the call of the Profession induced the Publishers of the seventh and former American editions of Mr. Chitty's work on Pleading, to make arrangements to put it again to press, the first and second volumes of the sixth London edition had been received from England, but the third was unpublished. An attentive examination induced the Editor to prepare the first volume only of that edition, containing the principles and rules upon which Pleadings should be framed, for republication. The second and third volumes of the sixth American Edition, with additional notes, were then re-printed, and the Precedents adopted as those of the seventh American Edition, as they have been of the present. The Editor was induced to adopt that course, because sufficient reason appeared to him to exist for not presenting to the Profession in the United States a set of Precedents, which, in the numerous jurisdictions of the Union, would not be considered as having the stamp of authority. He still thinks that his view was correct, and has adhered to it in preparing the present edition. The Precedents under the New Rules are very concise and convenient; but it would be presumption in the Editor, upon his own view of their superior utility, to offer them instead of those which, from long adoption and use, have the weight of judicial decision. An Appendix of Forms in Assumpsit, adapted to the New Rules, from the second volume of the new London edition, is inserted at the end of the third volume of the seventh American, and of this edition. It was the intention of the publishers when the third English volume was received, if the wishes of the Profession in this country seemed to require it, to issue a Supplement of Forms prescribed by the New Rules, and some others which have been prepared by eminent pleaders, who have deemed a more succinct mode of declaring in all cases to be authorized by the spirit of one of those Rules.* The adoption generally of those forms in practice in this country would have been the sanction of the Publishers for their insertion in a future edition. The publication of the excellent "PRECEDENTS IN PLEADING," by Mr. Joseph Chirty, Jr., in 1839, rendered such an addition to this work superfluous. The pleader who is desirous to state his case with brevity and precision, will there find the best guides, and perhaps the time is not far distant when he will resort to them, on all important occasions, in preference to any others. PHILADELPHIA, November 2, 1840. *Reg. Gen. Trin. T. 1 W. 4. PUBLISHERS' NOTE.-An American edition of the work here referred to, CHITTY'S PRECEDENTS, in 2 vols. was issued by the publishers of Chitty's Pleading, in 1839, and has proved highly satisfactory to the Profession in this country. PREFACE TO THE SIXTH ENGLISH EDITION. THE subjects of this work are, 1st, who are to be the Parties to an action; 2dly, the proper Forms of Action, and which must now be accurately stated, even in the writ; and 3dly, the Pleadings therein. And as a mistake in either of these would in general be fatal to the action or the defence, it is obvious that a very accurate knowledge of these subjects is essential not only to the professed Special Pleader and Barrister, but also to every Attorney, who is responsible to his client for the sufficiency of the proceedings, and who, if generally informed on the subjects of this volume, and duly attentive, would frequently discover errors which have been overlooked by the pleader, or barrister, and by a timely suggestion might prevent a disastrous defeat, which would be injurious to his own as his client's interest, and discreditable to the administration of justice. Since the recent enactments and rules, these subjects have greatly risen in practical importance, and a new edition of the work has become essential. The editors have spared no exertions to render the work more worthy of the flattering reception the prior editors have received. The principle modern alterations in Pleadings have been the prohibition of more than one count upon each cause of action, and the exercise of more care in preparing that single count than heretofore, and the abolition or rendering less frequent the use of a plea of general issue, and requiring almost every ground of defense to be pleaded specially. The great increase in the number of pleas has rendered it necessary to prepare an entirely new Third volume of Pleas and Replications, and subsequent Pleadings, most of which have occurred in actual practice, and been decided to be sufficient, and all have been carefully examined, adapted to the new rules, and annotated. The modern Statutes and Rules relating to Practice and Pleading are so peculiarly important, that it has been deemed advisable to print the same in the Appendix concluding this volume; and Students and practitioners will find it essential to read them attentively, so as to be well informed upon the general import, and not merely to refer to them occasionally. The Practioner who will resolve to make himself master of these confessedly dry but essential subjects of legal knowledge, will soon find himself on the vantage ground, and in many collateral circumstances, especially as regards Evidence, would be enabled to anticipate advantages or difficulties which others would not perceive; at all events, he cannot safely even commence an action without being well informed upon all subjects relating to the parties to an action, which constitutes the basis of subsequent proceedings. 12th May, A. D. 1836. PUBLISHER'S ADVERTISEMENT. THE original paging of the early editions of Chitty's Pleadings having been kept up in the subsequent ones, in order to prevent confusion in the frequent references which are made to this work by other writers, various errors have crept into the Analytical Tables, and Index to each Volume. In some cases several pages of the old edition have been cancelled, while the corresponding heads in the Index have been suffered to remain, and confusion has arisen from this source. Knowing the importance to the Profession of being able to refer at once to the several heads named in the Index, the Publishers have had the Indexes and Analytical Tables carefully revised, collated with the text, and every error corrected, so that it is believed no farther inconvenience will be experienced on this account. Springfield, Mass., Oct. 1840. PREFACE TO THE FIRST EDITION. IN submitting this treatise to the public, it may not be improper to perfix a short prospectus or analytical view of its contents, by which the reader may be enabled to judge, how far the subject proposed to be considered may be worthy of his atten tion. Upon the Practice of the courts of common law, there are already before the public several very able treatises; but there is no work of any magnitude which points out, the Parties to Actions, or the Forms of Action, or the Pleadings therein; and the very frequent defects in actions and defenses, occasioned by mistakes in these points, sufficiently evince the utility of a practical work upon the subject; I have therefore been induced to submit the following pages to the profession. In the first chapter which relates to The Parties to an Action, I have endeavored to point out who should be made the plaintiffs and who the defendants, as well in actions on contracts as for torts, and not only with reference to the interest and liability of the original parties, and the number of them, and whether standing in the situation of agents, joint-tenants, tenants in common, or partners, and who are to join or be joined; but also where there has been an assignment of interest, or change of credit, or survivorship between several, or death of all the contracting parties, or bankruptcy, insolvency or marriage. The consequences of mistakes in the proper parties, and how they are to be taken advantage of, and when they are to be aided, are also pointed out. In the second chapter are considered the Form and the particular applicability of each Action; the pleadings, judgment, and costs therein in general; the consequences of mistake; the Joinder of different Forms and of different rights of action; the consequences of Misjoinder; and the Election of the best rem |