UNIV. OF MICH. LAW LIBRARY

RULES OF THE COURTS, FULLY ANNOTATED;

A COMPLETE TABLE OF CASES, AND A FULL INDEX.

Entered according to Act of Congress, in the year one thousand eight hundred and seventy-one, by

WILLIAM GOULD & SONS,

In the office of the Librarian of Congress, at Washington, D. C.

PREFACE.

THE adoption of the CODE OF PROCEDURE made a great innovation upon the common law rules of practice; and the change has been followed by a very great number of decisions giving construction to the constitution and the statutes, as well as establishing settled rules of practice. These adjudications are not only very numerous, but they have been reported in several different series of reports, until the accumulations have rendered indispensable the adoption of some convenient and reliable method of finding the authorities. One of the most feasible as well as the most usual modes heretofore practiced has been to give the sections of the Code, and under each section to arrange the decisions relating to it. In N this respect the present work is based upon the general practice; but in the method of annotation, it will be seen to differ from other publications.

A careful collection of the authorities, made from an examination of each of the reported cases, has furnished a most extensive collection of materials, and the necessary result is a larger work than any other similar publication. A large page has been adopted, so that the least possible number of pages might be required. By omitting many of the earlier and obsolete decisions, the bulk of the work might have been diminished; but several considerations must be weighed before such a conclusion could be adopted. By giving all the decisions, the whole course of adjudication is readily followed; and by a careful and convenient arrangement, the present and the old rules are easily distinguished. Besides this, the adoption of the New York Code in several other States, either in whole or in part, renders our decisions valuable to the profession in such States; and this work will be a great convenience to them as a means of reference to the authorities giving construction to the various sections, whether original or amended.

The size of the page, the kind of type used, and the extent and variety of matter on a page, led to the adoption of double columns and numerous index or catch words, so that a long search will not be required to find any desired information contained on any of the pages in the volume.

The provisions of the new constitution have been given in full in the text; and, as these made material changes in the organization, jurisdiction and practice of the courts, it was necessary to enact statutes to give full effect to these constitutional provisions. These statutes have been given in full, as well as all other general statutes relating to the practice, although they may not form a part of the Code. In this respect, it was intended to make a full and accurate collection of such statutes as formed a part of the practice in this State. As every careful practitioner is particular to examine the very latest cases before venturing upon an important matter, he will here find the labor of collection already performed.