The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1895-06-05

tise on the system of
Falleading, supplemented
numerous preeedentsof declar
pleas, replications and court
how IN use IN the State of
irginia, by Hon. Chas. E.
5f the Point Pleasant, West
Bar, published by Robert
5larkC 20, Cincinnati, Ohio, 1895.
100 pages mot including index.)
The above entitled work has been
published recently, and its scope is
clearly indicated by the title. The
,author says in his preface: "The OBJ
jet Of this work is to give practi-
toner. as we'll as to the student of
law, a concise and comprehensive,
yet practical treatise on the subject
of pleading, especially applicable to
ll--FFest pifrginid5 but of
q all those States where
of common law pleading
d to obtain in contradis-
the code system" The
pages may be said TO be a
treatise on the pleading
-actice, beginning with the
hons and going through the
ious forms of action, together
he defense to each form of ac-
The residue of the book, from
pages'23O to 500 inclusive, is de-
voted to practical forms. The va
riOus chapters are Analysed in the
contents, clearly indicating the
section and page, so that in refer
ence thereto any topic can be read
lily found under the appropriate
head and chapter. Beginning with
the summons, we find practical
analysis of the various stages of a
suit under all the forms of action,
with copious notes to the decisions
of our own Court of Appeals, to text
writer's, and to the courts of olher
States, verifying the text of the
work. The notes are concise, and
so far as we have been able to ex
anime them, correct and pertinent
Turning to the forms, we find the
different forms of action taken up,
and practical forms given, with
notes showing in what forum they
have been approved, with practical
notes, by which the practitioner can
readily adapt the forms given to
the particular case that he may
haYe-under consideration. Several
features Of the book seem specially
to commend themselves to the West
Virginia practitioner. For instance
the chapter devoted to amendments.
Here is collected the decisions of our
Court of Appeals, clearly defining
the extent to which an amendment
can be made without violating the
rules, and especially those against
introducing new matter, and the
practitioner can readily ascertain
the distinction between amend
ments proper and those that cannot
be made, by reference to the terse
and concise notes to the text, which
contain the substance of the rulings
of our Court of Appeals in this con-
nection.
Another peculiarly commendable
feature of this work is the chapter
devoted to Special Interrogatorles.
Here we find that which heretofore
has not been gwen in any text
book applicable to practice in West
Virginia. The various forms for
submitting special interrogatories
have been approved by our Court of
Appeals, and the proper orders to
be made by the court in relation to
submitting special interrogatories,
jury, motion for Judgment thereon, |
and the various necessary motions,
in order to avail the practitioner of
any error that may be committed !
by the Circuit Court in relation to
these special interrogatories, which
constitute a guide as to the proper
method to be pursued where the
practitioner conceives the general
verdict and special finding are ire
concilable, or that some error has
been committed in relation to this
subject. This chapter is peculiarly
useful, as the practice for asking for
special interrogatories is rapidly
growing in this State, and compar
atively few decisions have been rem
dered of the different questions
arising thereon.
The whole work not only affords
a ready guide in forms and practice,
but really amounts to a digest Of
the decisions of the 80 volums ofthe
West Virginia reports on the ques-
ton of pleading and practice, and
the work meets a long felt want, in
having at hand a special treatise
wherein the decisions of our own
Court of Appeals are eollated, and