Cases on Procedure Annotated: Common Law Pleading (Classic Reprint)

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Excerpt from Cases on Procedure Annotated: Common Law Pleading

The purposes to be served have determined the scheme of treatment. Forms of action are not primarily instru ments of pleadings but categories of rights. Whether trover or trespass lies in a given case is a question of tort law, not of pleading. Whether one may sue in special or gen eral assumpsit is chiefly a matter of contract law. But the rights have developed through the use of the remedies, so that a study of these forms of action is quite necessary to a clear appreciation not only of the history but of the present status of the law of rights. Forms of action would therefore seem to have a proper place in a study of com mon law pleading, and the editor has given them a careful, though not an exhaustive, presentation.

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