Entered according to act of Congress, in the year 1815, by ISAAC N. WHITING, in the Clerk's office of the District Court of the District of Ohio.

COLUMBUS:

C. SCOTT AND CO'S POWER PRESS.

PREFACE.

THE Practice and Precedents, applicable to most of the common law actions, from their commencement to the filing of declarations, inclusive, occupy the first volume of this work. The second volume will pursue the common law actions through the Pleas, with practical notes, Depositions, Trials, Bills of Exception, Damages, Verdicts, New Trials, Judgments, Liens, Executions, &c., and will then treat of most of the statutory remedies, and contain the Forms of Process, Clerk's Entries, &c.

As there is no necessary connection between the two volumes, the one now submitted to the Profession has been prepared and published without the second. The author will (D. V.) use all the despatch, in the preparation of the second volume, which his duty to the Profession, and the care and labor necessary to bestow upon the work, will permit.

The Bar would, probably, wholly reject the Precedents contained in this volume, if they had been framed by myself. Most of them, however, are drawn from the best and most authoritative sources. Where they have undergone any modifications at my hands, other than what was necessary to make them conform to our laws, the authority for such modifications is stated in the notes. When no Precedents could be found applicable to our laws, I have ventured to frame them; but if these are treated with the same distrust that the author feels in respect of their accuracy, they will not be adopted as models, but as mere suggestions.