Excerpt from A Treatise on the Measure of Damages, Vol. 1 The work done in the preparation of the seventh edition made it very clear that the time was rapidly coming when some such revision and rearrangement as the author had in mind when he used this language must of necessity be undertaken. The whole system of common-law pleading, and the great body of common Iaw forms of action have disappeared both in England and America, while in New York, and the States which have adopt ed its system of procedure, even more sweeping ...
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Excerpt from A Treatise on the Measure of Damages, Vol. 1 The work done in the preparation of the seventh edition made it very clear that the time was rapidly coming when some such revision and rearrangement as the author had in mind when he used this language must of necessity be undertaken. The whole system of common-law pleading, and the great body of common Iaw forms of action have disappeared both in England and America, while in New York, and the States which have adopt ed its system of procedure, even more sweeping changes have been introduced. The effect of these alterations upon the law of damages has been to make it less difficult than it was originally to treat the whole subject in a systematic way. It no longer makes the difference that it once did whether the suit is brought in trover or in tres pass, in assumpsit or in debt. In the language of the author, redress is now made as far as possible to depend solely on the right, and not upon the form in which it is applied for. It is consequently more easy now to state those general principles which underlie the whole law of damages, irrespective of the method of procedure, than it was in the lifetime of the author, and in the present edition the editors have attempted to do this. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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