« ΠροηγούμενηΣυνέχεια »
P L E A D I N G
NEW-YORK CODE OF PROCEDURE.
VAN SANT VOORD'S PLEADING,
WITH NOTES AND REFERENCES TO RECENT DECISIONS,
GEORGE VAN SANTVOORD,
COUNSELLOR AT LAW.
Entered according to Act of Congress, in the year 1858, by
G. VAN 8ANTVOORD, In the Olerk's Office of the District Court of the United States for the
Northern District of New-York.
The following collection of precedents is designed as a supplement or appendix to the author's Treatise on Pleadings, the second edition of which was published in July, 1855. It was originally intended to accompany that volume with a collection of forms of pleading illustrative of the principles discussed in the text, and the changes made by the new system. That intention, though not carried out at the time, was not entirely abandoned, and it is now revived and attempted to be put into execution, under the encouragement of what the author believes a very general desire on the part of the profession for the publication of some practical work of the kind for daily use.
It must be perfectly obvious that no collection of precedents (embracing both Equity and Common Law cases), which could be brought within the limits of a single volume, could be so complete in its character as to furnish a form for every case that may arise in practice, nor have I attempted to accomplish any. thing of the kind; but, while endeavoring to make the collection as general as possible, I have aimed rather to illustrate principles and to give examples of particular classes of cases, under the classification indicated by the Code, than to furnish a complete assortment of forms, either in Equity or Common Law actions. Many of the precedents given in this volume are either such as I have used in my own practice, or such as have been prepared for actual use by other members of the profession; and I take this occasion to say that I am under great obligations to many of my professional brethren, in different parts of the State, for their kindness in furnishing me with valuable contributions, which I have freely used, taking the liberty, however, in some few instances, of making such alterations and amendments as seemed to be necessary or proper. In cases where the pleadings have been drawn for use by others, I have, for the most part, retained the real titles of the causes, and the names of the attorneys by whom the pleadings were drawn or used. Those which have been expressly prepared for this work, are, for the most part, printed without the signatures of attorneys.
The references in the notes to the Treatise on Pleadings are to the second edition. The notes contain references, also, to most of the decisions relative to the subject of pleadings, made since that volume was published, including 1 Smith's Court of Appeals Reports, 24 Barbour, 5 Duer, 14 Howard and 5 Abbott Practice Reports. Troy, March, 1858.
G. V. S.
TABLE OF CONTENTS.