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CODE PLEADING

IN THE WESTERN STATES

WITH FORMS

ADAPTED TO PRACTICE IN THE STATES OF

CALIFORNIA, OREGON, WASHINGTON, IDAHO,
MONTANA, NEVADA, ARIZONA,

NEW MEXICO, UTAH, COLORADO, NEBRASKA,
NORTH DAKOTA, SOUTH DAKOTA,

KANSAS AND OKLAHOMA

BY

THE PUBLISHER'S EDITORIAL STAFF

IN FIVE VOLUMES

VOLUME I

GENERAL RULES

SAN FRANCISCO
BANCROFT-WHNEY COMPANY

Copyright, 1926

BY

BANCROFT-WHITNEY COMPANY

338476

SAN FRANCISCO THE FILMER BROTHERS ELECTROTYPE COMPANY TYPOGRAPHERS AND STEREOTYPERS

PREFACE

The work here submitted to the legal profession in the Western States is designed to afford a comprehensive statement of the law of pleading under the code system.

The plan provides: first, for a general survey of the entire subject with statements of the rules and doctrines pertaining to all actions; second, the application of these rules to particular kinds of actions and to actions relating to particular subject matters. The first part of the work is complete in volume one. The second part, comprising the remainder of the work, is classified according to accepted titles under which are discussed the pleadings pertaining thereto, and these titles are arranged in alphabetical order.

The proper scope of a treatise on pleading is not, for the most part, difficult of ascertainment. Nevertheless, a rather broad view of the subject has been here taken, especially in the general treatment contained in the first volume, as a glance at the table of chapters will disclose. Thus it has been deemed advisable to cover the splitting and joinder of causes of action and the parties to actions, because these subjects are probably more closely related to pleading than to any other branch of practice. But the pleadings and papers used in probate proceedings, being in a class by themselves and fully covered in another work,* are not here noticed. Moreover, the work is confined to pleading in courts of record, and does not notice the practice in justices' courts.

*BANCROFT'S PROBATE PRACTICE.

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