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DIGEST

OR THE LAW RELATIVE TO

PLEADING AND Evibe

IN

CIVIL ACTIONS.

BY JOHN FREDERICK ARCHBOLD, Esq.

BARRISTER AT LAW.

Second American, from the Last London Buftion.

NEW-YORK:
PUBLISHED BY GOULD, BANKS & Co.

No. 144 Nassau-STREET;
AND BY WM. & A. GOULD & Co.

State-STREET, ALBANY.

L6870
DEC 16 1932

ALEXANDER 8. GOULD, PRINTER, No. 144 Nassau-Street, New York.

ADVERTISEMENT

TO THE PRESENT EDITION.

The alterations recently made in pleading in civil actions, were, I believe, long in contemplation; at least, it was generally rumoured that such alterations were intended, a long time previously to the rules upon the subject being actually made. This will readily account for my not having presented to the Profession a new edition of the present Work, during the many years it has been out of print; I could not think of taxing the Profession with a work, which the intended New Rules, at that time daily expected, might possibly render nearly, if not altogether, useless. And even now, that the Rules of Pleading have been some time published, I cannot entirely satisfy myself that I am not premature in publishing this edition; I fear many will think that there have not as yet been a sufficient number of decisions upon the application of the General Rules of Pleading to particular cases, to warrant the publication of any work upon Pleading and Evidence. But my friends at the Bar have so frequently expressed to me their desire for the publication of this Volume, imperfect as it necessarily must be, that I conceive myself bound to conform to their wishes upon the subject, and to publish it. If I were to defer the publication until, by decisions as to the application of the New Rules to particular cases, our system of pleading should be deemed complete, I fear I should not be able to publish the Work for many years. I beg to mention that the present Work treats only of Pleading and Evidence generally; but it will be followed by another, treating of Pleading and Evidence in the different personal actions, and in Ejectment. For the reason above mentioned, however, I must be

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