Excerpt from Principles of Pleading in Civil Actions: Under the Common-Law System and as Modified and Applied Under Modern Codes and Practice Acts, Introduced by a Summary View of the Proceedings in Legal Actions
Stephen on Pleading is one of the great works in English law. Common-law pleading stands forth in it in its finished form. It places Mr. Stephen in the foremost rank of juridical thinkers. Besides its theoretic excellence, exhibiting the principles of pleading cohering in a logical system, the work is rendered eminently practical by introducing a summary and connected account of the whole proceedings in a suit, in which the end that pleading subserves in litigation, and the forms through which it works, are distinctly presented. This edition of the work has been prepared especially for American students of law. It is, nevertheless, as will be presently seen, the best edition for the practicing lawyer.
In the year 1824 Mr. Stephen published the first edition of his work. In the year 1827 he published the second edition; and in the advertisement to that edition says: "This work, as its title imports, is in its main design elementary and institutional, and intended for the use rather of those who are exploring the principles, than of those who are engaged in the practice of pleading. But as there is reason to believe that it has proved in some measure acceptable to the latter class of readers also, the author has endeavored to adapt it better to their purposes, by introducing into this second edition some additional matter of a practical kind. This is contained, however, for the most part, in notes at the foot of the page, and does not at all derange or in any degree affect the original plan of the work.
"With the same view the index has been considerably enlarged and a table of cases prefixed."
In this second edition Mr. Stephen gave his matured view of the system of common-law pleading, and never attempted to do anything more towards making it more complete.
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