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Since the earlier portion of the work went to press, the 9th Volume of Barbour's Supreme Court Reports, the remaining numbers of the first volume of the Code Reporter, New Series, and those of Howard's Practice Reports for June, and of the) Legal Observer for June and July, 1852, have appeared.
The cases in the two latter, and some few of those in Barbour, having reference to the earlier chapters of this work, appeared too late for insertion in the text. A digest of these cases is given at the close of the Appendix of Forms, bringing down the references to reported cases, to the actual date of publication.
PRACTICE AND PLEADING,
UNDER THE CODES. ·
ORIGINAL AND AMENDED.
BY HENRY WHITTAKER.
EMBRACING THE RECENT REVISION OF THE RULES OF
THE SUPREME COURT.
[For distribution, gratis, to subscribers and purchasers of the first edition of that work ]
The biennial revision of the General Rules of 1849, prescribed by sec. 470 of the Code, having now taken place; the author of " Practice and Pleadings under the Codes" has felt it but due to himself, and due also to the profession, as some slight acknow. ledyment for the support they have so liberally extended, to render that work, as far as practicable, a complete synopsis, not merely of the past, but of the present practice, as now settled by the Rules in question. With this view, and in order to place the holders of the first edition on an equal footing with the purchasers of any works hereafter issued, embracing the changes effected on the revision in question, the author has prepared, for gratuitous distribution to such holders, a series of paragraphs directed to that express object, and so printed and arranged as to be capable of insertion in the volume as already published. The author trusts that the issue of this supplement may be accepted by the public, as an evidence of his earnest wish to render the work in question as complete and as available as lies in his power.
30 Wall-street, August, 1852.
N.B. The following paragraphs to be separately cut out, and pasted on the inner margin of the different pages of the volume as already published, according to the directions suhjoined, but not so as to efface the original text.
A PERIOD approaching to four years has now elapsed since the original passage of the measure styled the Code of Procedure ; but a Book of Practice under it, keeping pace with its various amendments and with the various phases of its judicial interpretation, seems yet to be wanting. The work of M. Monell, directed to this object, has become in a great measure obsolete, for want of a recent revision ; whilst the annotated Code of 1851, though available for that particular purpose, amounts to little, if anything, more than a mere digest of reported cases, differing in form only from those previously published; the absence of practical directions and of the condensation of information upon any given point, rendering it comparatively inefficient for other purposes.
To supply the void thus existing, is the attempt proposed in the compilation of the present work, in which the objects of a Commentary and of a Book of Practice are sought to be combined, in a practical spirit and with practical views throughout. All mere discussion has accordingly been studiously avoided from first to last, so far as was possible, consistent with a due investig: on into the various difficulties which have from