Excerpt from Pleading and Forms Adapted to the New Revised Code of Indiana, Vol. 1: With a Full Citation of All the Latest Adjudicated Cases in Indiana, and Numerous Authorities Under the Practice at Common Law and in Equity, and Under the Codes of Other States
In the preparation of this book I have endeavored to make it sufficiently full in its statement to render it useful to the younger members of the profession who need something more than a mere digest of decided cases. To those of the profession who care but little for general discussion or the reasoning or opinions of the author, a full citation of authorities will be found in the book, the subjects being so classified, and indicated by head lines, as to render it one of easy reference, and make it a digest of the decided cases as well as a work on Practice and Pleading.
A very careful and thorough study of the code, and of the decisions rendered before and after its adoption, has been made, with an earnest effort to arrive at its true intent and meaning, as well as the effect of the adjudicated cases, and furnish to the profession a thorough and complete work on Practice and Pleading in this State.
Without the aid of a reliable digest this has been a task involving much labor. I found it absolutely necessary, in the investigation of each subject, to examine and make a digest for my own use of the decided cases on that subject. This required much time and patience.
The work was partially completed when the new code was enacted, and a considerable portion of the first volume had to be rewritten.
Where changes have been made by the revision of the code, they have been carefully noted. These changes will be found to be numerous and, in some instances, important. The change made in the manner of trying causes requiring that all suits in equity shall hereafter be tried by the court, is the most radical. This innovation may be found to be beneficial in practice, but I can not but regard it as a mistake brought about by the necessity for limiting the number of jury trials.
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