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PREFACE TO THE SECOND EDITION

THIS treatise is designed to fulfill the usual functions of the Hornbooks on the subject of which it treats. It does not purport to be an exhaustive or elaborate discussion, as such a plan would involve several volumes, instead of one. It is, however, intended to be a means of ready reference to the law on those questions of ordinary routine which the author's experience as a specialist in federal practice has taught him most frequently arise. It is believed that the need exists for a work of this character, notwithstanding the several excellent text-books covering the general subject which go into much greater detail. The work is designed, also, for use in law schools, where the need of such a treatise seems to be specially apparent.

It has seemed to the author much better and simpler in the discussion of the subject to commence with the inferior courts and follow up through the courts of last resort, though that is not the usual scheme adopted by other text-books on the subject. While this plan involves some duplication and crossreferencing, its advantage in enabling the student to trace a case from its inception to its final conclusion is so great as to have convinced the author that it is the best method of treating the subject.

In order to facilitate the use of the book as a court vade mecum, many statutes have been quoted verbatim; and the Supreme Court Rules, the Equity Rules and the Judicial Code have been inserted as an appendix. The index under these respective heads refers to those so quoted.

In the discussion of so much detail, mistakes are inevitable, and, although the author has endeavored to exercise the utmost care, he cannot hope to have escaped them. He begs the indulgence of the bar if any such have occurred.

(vii)

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