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A companion work to Abbott's Practice and Forms.

Abbott's Forms of Pleading.

IN ACTIONS FOR LEGAL OR EQUITABLE RELIEF. PREPARED WITH ESPECIAL REFERENCE TO THE CODES OF PROCEDURE OF THE VARIOUS STATES, AND ADAPTED TO THE PRESENT PRACTICE

IN MANY COMMON LAW STATES.

By AUSTIN ABBOTT, LL.D.

Completed for publication after his decease by

CARLOS C. ALDEN (author of the second edition of Abbott's Practice and Forms.) In two large Volumes of over 1850 pages. Price $13.00, delivered.

The “FORMS OF PLEADING" were undertaken by Mr. Abbott after completing the first edition of "PRACTICE AND FORMS" and as a useful complement, Together the two works cover the entire scope of a civil action, from its inception through the last appeal.

BAKER, VOORHIS & Co., 47-49 Liberty Street,

New York City.

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OT THE New York BAR, DEAN OF THE RUFFALO LAW SCHOOL
AUTHOR OF "HANDBOOK OF THE CODe op Civil PROCEDURE"

"ABBOTT'S FORMS OF PLEADING", ETC.

VOLUME II

NEW YORK
BAKER, VOORHIS & COMPANY
47 AND 49 LIBERTY STREET

Entered according to Act of Congress, in the year 1888, by

AUSTIN ABBOTT,
In the office of the Librarian of Congress, at Washington.

Entered according to Act of Congress, in the year 1907, bv

LUCY ABBOTT MARTIN.
In the office of the Librarian of Congress, at Washington

SEP 24 1908

J. B. LYON COMPANY PRINTERS AND BINDERS

ALBANY, N. Y

PREFACE TO FIRST EDITION [SECOND VOLUME).

The reader who notices the bulk of this volume and the unprecedented number of Forms it contains, will understand, I trust, the reason for the delay in its appearance. And if he turns over these pages to notice in some detail the complexity and variety of the remedies now available under the New Pro cedure, as it has been developed during the quarter of a century that has elapsed since the publication of the original work, he will perhaps share the interest which I have felt as I have surveyed these remedies in their connection and analyzed them to select and arrange the most useful and the best supported, for present use in practice.

The New Procedure, which has introduced immense improvements in simplicity and directness, has successfully adapted all the old remedies to modern requirements, and greatly increased the safeguards of civil justice. It has been my object here to present the resulting practice with sufficient completeness to serve the general practitioner, in all the various proceedings available in Civil actions, and with sufficient fullness to indicate the incidental advantages which may be secured in the settlement of orders and judgments.

The intensity of contest in litigation in the New York courts, where the Code of Procedure was first introduced, and the immense mass of business which continually presses upon those courts, especially in the city of New York, have led to the adoption of somewhat stricter requirements in the recent amendments of the Code of New York than those existing in many of the States, especially with respect to the essentials of motion papers, and the safeguards required for the protection of the rights of absentees. Hence, Forms that are sufficient for New York are also generally quite sufficient for other Code States; and when, as in some cases, they contain matter which is not essential in such other States, they may nevertheless be none the

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