Cases on Procedure, Annotated. Common Law Pleading

“No subject is more intimately connected with the history and development of our law than common law pleading. In sharp contrast with the other great system of law, that founded by the Romans, the common law has not been the product of legislation, but of litigation. It has grown up in the atmosphere of courts of justice. Such a genesis would necessarily give it a strong procedural favor, and would tend to emphasize remedies at the expense of rights. Procedure might therefore be expected to play a much larger part in the development of the common law than in the development of the Roman law, and such has been the fact. To understand common law rights one must understand common law remedies, for the former were developed through the latter…. “A proper balance must be maintained between pleading as a method of analysis and pleading as a practical means of presenting cases for judicial decision. This aim the editor has constantly had in mind in selecting and arranging these cases.” --Prefacehttps://repository.law.umich.edu/books/1088/thumbnail.jp