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Stephen's works were: [1] A Treatise on the Principles of Pleading in Civil Actions: comprising a Summary of the whole Proceedings in a Suit of Law, 1824, 1827, 1834, 1838, 1843, 1860 (by J. Stephen and F. F. Pender); and 1866 (by F. F. Pender); eight American editions from 1824 to 1859.
In 1820, Gould became superintendent of the law school, and after the death of Reeve, in 1823, continued to conduct it until 1833. He published Principles of Pleading in Civil Actions (New York, 1832; new ed. by Franklin F. Heard, Albany, 1887). [1] [2] His son Edward Sherman Gould was a noted critic, author and translator. [3]
A selection of precedents of pleading under the Judicature acts in the common law divisions. With notes explanatory of the different causes of action and grounds of defence; and an introductory treatise on the present rules and principles of pleading as illustrated by the various decisions down to the present time (1878). Publisher London ...
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Principles of Pleading. 1819. 8vo. Scheme of a Digest of the Laws of England, with Introductory Essays on the Science of Natural Jurisprudence. 1820. 8vo. Reports in Equity. 1821. 2 vols. 8vo. Analytical Digest to the Term Reports and others. 1824, second edition. 8vo. New edition, 1827.
Early federal and state civil procedure in the United States was rather ad hoc and was based on traditional common law procedure but with much local variety. There were varying rules that governed different types of civil cases such as "actions" at law or "suits" in equity or in admiralty; these differences grew from the history of "law" and "equity" as separate court systems in English law.
The Supreme Court's 2009 Iqbal case elaborated the heightened standard of pleading it established two years previously in Twombly, and established that it was generally applicable in all federal civil litigation and not limited to antitrust law: Two working principles underlie our decision in Twombly. First, the tenet that a court must accept ...
The focus shifted from pleading the right form of action (that is, the right procedure) to pleading the right cause of action (that is, a substantive right to be enforced by the law). [8] Code pleading stripped out most of the legal fictions that had encrusted common law pleading by requiring parties to plead "ultimate facts."