White . France, 482. v. Furness, 339. v. Garden, 387. v. G. W. Ry. Co., 671. v. Hindley Local Board, 398, 441, 486. v. Jameson, 481. v. Mellin, 401, 404, 512. v. Mullett, 386. Whitehead. Howard, 775. v. Tattersall, 627, 695. Whitehouse, in re, 650, 683. Whiteley v. Pepper, 482. v. S. E. Ry. Co., 397. Whitham v. Kershaw, 531. v. Kershaw, 901. v. Ogle, 47. v. Price, 968. v. Smith, 407. v. Walker, 951. v. Waring, 157. v. Wilcox, 534, 990. v. Williams, 212, 260, 701. v. Woods, 261. Williamson v. Barbour, 95. v. Freer, 879. v. L. & N. W. Ry. Co., 7, 12, 13, 826. v. Williamson, 248. Willins v. Smith, 736. Willis, in re, 80. v. Baldwin, 707. v. De Castro, 806. v. Earl Beauchamp, 13, 601. v. Earl Howe, 923. v. Maclachlan, 978. Willison v. Patteson, 619. Willmott. Freehold, &c. Co., 58, 59. Willoughby, ex parte, 910. v. Backhouse, 419. v. Zulueta, 614. Wilton v. Dann, 754. Wiltshire Iron Co. v. G. W. Ry. Wimbledon Conservators v. Dixon, 542. Winch v. Thames Conservators, 398, 399, 476. Winchilsea v. Beckley, 928, 970. Winship. Hudspeth, 1001. Winsmore v. Greenback, 445, 521. Winter, in re, 830. v. Trimmer, 279. Winterbottom v. Lord Derby, 480. Wintle v. Freeman, 962. Wirral Waterworks Co. v. Lloyd, 399. Wisdom v. Hodson, 972. Wittersheim v. Lady Carlisle, 770. Wolfe v. Mathews, 351. Wolff v. Horncastle, 737. Wollaston v. Hakewill, 270, 271, 704. Wolmerhausen, in re, 720, 721. v. Gullick, 291, 638. Wolverhampton Waterworks Co. v. Hawkesford, 184, 681. Wood v. Adams, 402. v. Beard, 952. v. Boosey, 392. v. Brown, 402. v. Clarke, 416. v. Dunn, 631. v. Durham, Earl of, 8, 407, 875, 886, 970. v. Goodwin, 580. v. Gunston, 880. v. Kerry, 696. v. Nunn, 412. v. Priestner, 213. v. Smith, 830. v. Waud, 533, 536. Wooderman v. Baldock, 524. Woodger v. G. W. Ry. Co., 174. Woodhouse v. Walker, 425, 529, 530, 531, 988. Woodland v. Fear, 116, 298. v. Dean, 141, 143. Woodward v. Gyles, 279. v. L. & N. W. Ry. Co., 669. Woolcott v. Peggie, 820. Woolf v. City Steamboat Co., 190. v. Terrington, 566, 978. v. Wigley, 659. Wragg, in re, 518. Wray v. Milestone, 85, 307, 607. Wright v. Burroughes, 983, 984, 987. v. Child, 506. . Clements, 402. v. Court, 975. v. Davies, 411. v. Hitchcock, 490, 936. v. London Omnibus Co., v. Midland Ry. Co., 179. v. Pearson, 472. v. Rowbotham, 29, 408, 891. v. Stavert, 258, 527. v. Williams, 989. v. Woodgate, 401, 879. Wulff v. Jay, 721. Wyatt v. Harrison, 513, 518. v. Hodson, 776. v. Met. Board of Works, 186. v. Rosherville, &c. Co., 60. Wyld. Pickford, 171, 372, 385, 669. Wylde v. Radford, 911. Zenobi v. Axtell, 402. Zierenberg v. Labouchere, 38, 885. Zunz v. S. E. Ry. Co., 673. B.L. PRECEDENTS. CHAPTER I. INTRODUCTORY OBSERVATIONS. Pleadings and their object.]-Pleadings are printed or written statements made by and delivered between the parties to an action, setting forth in a summary form the material facts relied upon by them respectively in support of their claim or defence. The principal objects of pleading are, first, to ascertain and define, by means of the statements of the parties themselves, the issues of fact and questions of law to be decided between them, and secondly, to give to each of the parties distinct notice of the case intended to be set up by the other, and thus to prevent either party from being taken by surprise at the trial or hearing. Pleadings are also useful as supplying a brief summary of the case which is readily available for reference, and from which the nature of the claim and defence may be easily apprehended, and for the purpose of preserving a distinct and permanent record of the questions raised in the action, and of the issues decided therein, and of thus preventing future litigation of matters already adjudicated upon between the parties. The general principles on which the system of pleading is founded are as follows: The plaintiff by his "statement of claim" alleges the material facts on which he relies in support of his case (a). The defendant in answer thereto delivers a "defence," in which he may take all or any of the following courses-first, he may deny or refuse to admit the facts stated by the plaintiff (b); secondly, he may confess or admit them, and avoid their effect by asserting fresh facts which afford an answer thereto (c); thirdly, he may admit the facts stated by (a) See "The body of the Statement of Claim," post, p. 49. See "Defences other than Denials," post, p. 552. B.L. B |