A digest of the principles and practice of common law, conveyancing, equity, bankrupty, and criminal law

Front matter

VALUABLE LAW SOOKS

PUBLISHED BT

iWarfitjaU lEquttg (Eollerttott

Preface

The First Volume of this work (published November, 1865) has met with such success, that I have been induced to publish a Second Volume, including the whole of the Questions and Answers on Bankruptcy and the Criminal Law to this date. An Addenda to the First Volume, including many new Questions and the legal alterations of last Session, brings that also to the present time. In the preparation of the Bankruptcy Answers and the Index to the Second Volume, I have received most valuable assistance from my friend, Mr. John Scott.

CHARLES H. ANDERSON.

7, King's Bench Walk,

Michaelmas Term, 1867.

CONTENTS OF VOL. I.

A DIGEST OF ALL THE EXAMINATION QUESTIONS AND ANSWERS IN THE COMMON LAW.

PAGE

I. Nature of the Jurisprudence administered by, and the distinctive

jurisdictions of, the Common Law Tribunals ... 1

II. The Right of Personal Liberty 3

III. Actions, their Nature, Forms, and Characteristics ... 3

IV. The Law of Contracts 7

"V. Bills of Exchange, Promissory Notes, and Bankers' Cheques . 21

VI. Landlord and Tenant .... .... 27

VII. The Law of Torts or Private Wrongs 30

VIII. The Attorney and his Client 35

IX. The three considerations preliminary to bringing an action:—

(1) The Statutes of Limitation or Repose .... 37

(2) The proper Parties to an Action 39

(3) The Notice required before Action .... 44 X. Tender before Action 44

XI. The Citation of the Defendant 45

XII. The Defendant's Appearance 50

XIII. Affidavits 51

XIV. The Arrest of. the Defendant on Mesne Process and the Law of , "

Bail 56

XV. The Venue or Locus in quo 56

XVI. The Pleadings or Contending Statements of the Litigants . . 56 XVII. Collateral Proceedings, Orders, and Rules ... .69 XVIII. Evidence — Notices to inspect and admit, and to produce — Witnesses

—Verbal Proofs — Documental Testimony 72

XIX. Consequences of a Plaintiff neglecting to proceed . . .81

XX. Notice of Trial and Computation of Time 82

XXI. The Trial at Nisi Prius, with its Incidents 83

XXII. Trial before the Under- Sheriff 86

XXIII. New Trial— Arrest of Judgment — Judgment Non obstante veredicto

XXIV. Judgment and its Registration 89

XXV. Expenses Litis . 94

XXVI. The Writs of Execution . . 103

XXVII. Steps in an Action ... 10g

XXVIII. The Mixed Action of Ejectment 110

XXIX. Action for Mesne Profits 114

XXX. Redress of private Wrong by the injured. Party himself taking a

Distress 114

Contents

PAGE 118

XXXI. The Tort Aotion of Replevin

XXXII. The Practice under a Warrant of Attorney, Cognovit Actionem,