A Practical Treatise on Pleading, in Assumpsit: With the Addition of the Decisions of the American Courts (Classic Reprint)
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Excerpt from A Practical Treatise on Pleading, in Assumpsit: With the Addition of the Decisions of the American Courts
It has not been thought necessary, in a work of this nature, to consider where assumpsit is the proper form of action, or not or who are, or are not persons to be made parties which are rather questions of 12535 prius law, or on the doctrine of actions, than of pleading. Nor has it been thought necessary to enter into the several questions which have been recently discussed, both in the courts of king's bench and common pleas, as to the consequences of declaring on the contract, instead of the tort C. But the propriety of adopting a Special or general form of de cluring in assumpsit, being purely a question of pleading, has been fully considered, and forms the subject of the first chapter.
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