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Article Title

ALTERNATIVE PLEADING: I

Abstract

The present series of articles seeks to test the extent to which the dictates of this common professional experience have influenced the statutes, rules, and precedents which govern our civil practice. As a background for a review of procedures typical of the code and federal practice within the United States, it will be useful initially to consider briefly the English practice during the past century and a half. The English procedures, as they existed at the end of the eighteenth century, though everywhere locally modified and simplified in some respects, formed authoritative guides for the practices of most of the states for varying periods, some even to this date. Even in those states which have overhauled their procedures most thoroughly, the echo of experience remains a potent factor in problems of interpretation. We turn, therefore, to the English courts.

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