UPON SOME OF THE

GENERAL PRINCIPLES OF THE LAW,

WHETHER OF A

LEGAL, OR OF AN EQUITABLE NATURE,

INCLUDING THEIR

RELATIONS AND APPLICATION

ΤΟ

ACTIONS AND DEFENSES

IN GENERAL,

WHETHER IN

COURTS OF COMMON LAW, OR COURTS OF EQUITY;

AND EQUALLY ADAPTED TO

COURTS GOVERNED BY CODES.

BY WILLIAM WAIT,

COUNSELOR AT LAW.

VOLUME VI.

ALBANY:

WILLIAM GOULD & SON,

LAW BOOKSELLERS AND PUBLISHERS.

1879.

Entered, according to act of Congress, in the year eighteen hundred and seventy-nine,

By WILLIAM WAIT,

In the office of the Librarian of Congress, at Washington.

WEED, PARSONS AND COMPANY,
PRINTERS AND ELECTROTYPERS,
ALBANY, N. Y.

324005

EXPLANATORY NOTE.

In the original plan of this work, it was believed that it could be completed in four volumes. To accomplish this result, large pages were adopted, medium type employed, and a large number of pages given in each volume. The number and variety of subjects discussed, the careful analysis of each article, and the concise style of writing is familiar to every person who has examined the volumes published. And for the purpose of furnishing the latest authorities, it has been necessary to make selections from the thousands of volumes of American and English reports. These selections are embodied in maxims arranged in the order of analysis employed; and this method gives the greatest possible number of legal and equitable principles relating to Actions or Defenses, together with the largest variety of illustrations drawn from all the reports.

The manner of treatment has been as concise as was possible, if the work was to render the best service to the student, the lawyer, and the judge. The last volume, which is the seventh, is now in press, and will soon be ready-thus completing the entire work.

The bar and the bench are requested to examine the volumes of the work, and then determine whether the same variety and number of legal and equitable principles can be found in any other seven volumes published. The selections and illustrations taken from the English reports are of value here; but, the work is intended to be American in its character, and adapted to every portion of the United States.