Excerpt from A Selection of Cases and Statutes on the Principles of Code Pleading: With Notes
The need of such a book has-been felt by me almost from my first meeting with the class in code pleading in the Law School of the Cincinnati University. Our course on that subject was based on a standard treatise and the Ohio code of civil procedure, both supplemented by occasional lectures on special topics, by occasional illustrations from leading cases, and by the drafting of pleadings under the code. There was no systematic and direct study of the cases themselves as embodying principles of code pleading.
Between this method of instruction and that which obtained in classes where cases were used as the basis of instruction, there was evidently a radical difference. -with the latter method, the instructor and every member of his class came into direct touch with the subject-matter of their investigation - the cases embodying the principles whose nature and application they sought to understand; with the former method, the law student seldom got beyond the treatise. While reading about the cases under the codes, and the enactments of other code states, he was not studying either at first hand, but rather was memorizing the deductions from them which he found in the treatise.
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