other States will readily adapt this work to the peculiarities of their own code; and in States not having a code, the profession will find it of great value, not only because of its numerous citations upon all leading subjects, but because it has now become necessary for common law practitioners to become familiar with code pleading and practice.

In a work covering so many branches of the law, absolute freedom from errors should not be expected; but it is hoped and believed that its utility to the general practitioner will more than atone for its errors.

PREFACE.

In the preparation of this work my object has been to present to the profession the chief requisites of good pleading, with forms adapted to the modern practice, accompanied by numerous authorities sustaining them.

With this object in view, I have commenced at the first inquiry made by the practitioner, in bringing or defending an action, and have advanced with him step by step in the prosecution or defense of the same; giving as far as possible within the scope of this work, the law relative to the pleadings and practice, with the forms necessary for use, to the final disposition of the cause.

Although the forms given are specially adapted to the practice in California, Nevada, and Oregon, and the territories on the Pacific slope, yet, with rare exceptions, they are equally applicable in New York and nearly all of the other States of the Union.

The notes under the forms have been arranged alphabetically, with side heads to each, which will be found to be an index to their contents, and a majority if not all of the recent decisions, not only of the Supreme Courts of the Pacific States, but of the various Courts of the other States of the Union, and of England, have been consulted, and brief extracts or references to them appear under the appropriate headings.

The general principles discussed in the first part of this work, as well as the general propositions at the commencement of the leading subjects, Complaints, Summons, Change of Place of Trial, Demurrer, Answer, Notices, Motions, Statement, New Trial, Appeal, etc., will, it is believed, be a guide and assistance at each stage of the proceedings.

The forms have been carefully prepared, and in general will be found correct. Many of them have been tested by the courts of last resort, and their correctness sustained, as will be seen by reference to the authorities under each.

In submitting this book to the profession I am not unconscious of the necessity of bespeaking for it a just, if not a charitable criticism; and I trust that its imperfections, which are doubtless many, will not seriously impair its usefulness.

M. M. E.