OF PLEADING AND EVIDENCE IN CIVIL ACTIONS, ARRANGED ALPHABETICALLY: WITH PRACTICAL FORMS: AND THE PLEADING AND EVIDENCE TO SUPPORT THEM. BY JOHN SIMCOE SAUNDERS, ESQ. BARRISTER AT LAW. FOURTH AMERICAN EDITION, WITH CONSIDERABLE ADDITIONS. BY A MEMBER OF THE PHILADELPHIA BAR. VOLUME I. PHILADELPHIA: ROBERT H. SMALL, LAW BOOKSELLER, MINOR STREET, 1844. Ransford Smith. L10205 Entered according to Act of Congress, in the year 1844, By ROBERT H. SMALL, 'In the Clerk's Office of the District Court for the Eastern District of Pennsylvania. PHILADELPHIA: WILLLIAM S PREFACE. THE object of the Author, in the following work, has been to collect and digest the Law relative to Pleading and Evidence into the smallest compass, and under the most convenient arrangement. The work, consequently, not only contains the general principles of the Law respecting Pleading and Evidence, and the forms of Civil Actions, but also the form of the remedy, the pleadings, and the evidence necessary for the support of every ground of action; likewise the pleading and evidence necessary to the support of every defence, with the Precedents of most common use in all these cases. The contents of the work are alphabetically arranged, each title containing such portions of the Law of Pleading and Evidence as are peculiar to it; this arrangement having been considered the most proper, to compress and simplify the work, as well as to render it more convenient for the purpose of reference. The arrangement of each separate title is, as nearly as possible, uniformly the same; and, wherever subdivision is required, is explained by the list of contents at the head of each. Whenever the laws of pleading and evidence have been combined, the arrangement of the title is as follows:-As regards the plaintiff,-first his remedy is described; then the law which governs the form of that remedy; next, the form itself; and lastly, the evidence required to support that form. As regards the defendant, a similar course is pursued: instructions are first given as to the choice of his plea; next, as to the manner of framing it; and, lastly, the evidence required to support it. The work, to those who are not familiar with such undertakings, will convey a very inadequate idea of the pains and time employed in composing it: they, however, who have experienced the trouble of such a task, will appreciate the difficulties attendant on it. The Author, therefore, hopes for their indulgence, if, in the multitude of points of which it treats, and of references which it contains, errors may have chanced to occur. The Author has spared no labour to render the work of extensive practical utility, and has to acknowledge the kind assistance of some of his friends, whose knowledge and experience in the profession have materially aided him in completing it. LONDON-INNER-TEMPLE LANE, ADVERTISEMENT TO THE FOURTH AMERICAN EDITION. THE additions to the present edition have been incorporated with the text of the author; but they may be readily distinguished from it, having been inserted between brackets. They have been derived from the English Reports published since the appearance of the last edition of this treatise, including such of the year 1843 as had appeared in this country up to the time of going to press. ABBREVIATIONS. Abbott, Abbott on Shipping. Ad. & El., Adolphus and Ellis' Reports. And., Andrew's Reports. Atk., Atkyn's Reports. Bac. Ab., Bacon's Abridgment. B. & A., Barnewall and Alderson's Reports. B. & Adol., Barnewall and Adolphus. B. & B., Broderip and Bingham's Reports. B. & C., Barnewall and Cresswell's Reports. Barnes, Barnes' Notes. Bayl., Bayley on Bills. Bla. R., Bl. R., Blackstone's Reports. B. & P., Bosanquet and Puller's Reports. Bing. N. C., Bingham's New Cases. Bro. A., Brooke's Abridgment. Buls., Bulstrode. Burr., Burrow's Reports. C. & J., Crompton and Jervis. C. & M., Crompton and Meeson. H. Bl., Henry Blackstone's Reports. Holt, C., Holt's Nisi Prius Cases. Lat., Latch's Reports. Marsh., Mars., Marshall's Reports. M. & S., Maule and Selwyn's Reports. McC. & Y., McCleland and Younge's Reports. Mer., Merivale's Reports. Mod. R., Modern Reports. Moo. R., Moore's, J. B., Reports. M. & P., Moore and Payne. M. & M., Moody and Malkin. M. & Scott, Moore and Scott. N. R., New Reports by Bosanquet and Puller. Pea., Peake's Reports. Pea. Ev., Peake's Evidence. P. Wms., Peere Williams' Reports. Plow., Plowden's Reports. Cro. Mee. & R., Crompton, Meeson, and Ros- Phil. Ev., Phillips's Evidence. coe's Reports. Camp., Campbell's Reports. C. & P., Carrington and Payne's Reports. Carth., Carthew's Reports. C. T. Hard, Cases Temp. Hardwicke. Ch. P., Pl., Chitty's Pleadings. Ch. B., Chitty on Bills. Ch. C. L., Chitty's Commercial Law. Ch. Con., Ch. Jr. Con., Chitty's Contracts. Ch. R., Chitty's Reports. Co. R., Coke's Reports. Com. D., Co. D., Comyn's Digest. Com. R., Comyn's Reports. Cro. J., Cro. E., do. do. Doug., Douglas's Reports. James. Elizabeth. D. P. C., Dowling's Practice Cases. D. & R., Dowling and Ryland's Reports. D. & R.C., Dowling & Ryland's Nisi Prius Cases. Ea., E., East's Reports. Esp., Es., Espinasse's Reports. F. N. B., Fitzherbert's Natura Brevium. Gilb. E., Gilb. Ev., Gilbert's Evidence. G. & J., Glyn and Jamieson's Reports. Poph., Popham's Reports. Price, Price's Exchequer Reports. T. Raym., Sir Thomas Raymond's Reports. Roll. R., Rolle's Reports. R. & M., Ryan and Moody's Reports. Saund., Saun., Saunder's Reports. Sel. N. P., Selwyn's Nisi Prius. Skin., Skinner's Reports. Steph., Stephens on Pleading. Taunt., Taun., Taunton Reports. Ver., Vernon's Reports. Ves. R., Vesey's Reports. Wight, Wightwick's Exchequer Reports. Went., Wentworth's Pleadings. Yo. & J., Younge and Jervis's Reports. |